Citing law, city reluctantly argues for release of gay employees’ names
Anti-gay-rights activist wants names of city-sponsored LGBT club
As attorneys for all sides prepare to square off in court, the City of Seattle and a self-described “civil rights leader” seeking the release of the names of gay and lesbian city workers involved in a city-sponsored club have lined up on the same side of the issue.
In separate court filings, the city and the Seattle City Light employee requesting the records argue that the state public-records act requires that the city release the records. City of Seattle employees associated with the department’s Lesbian, Gay, Bisexual, Transgendered, Questioning and Friends Club have asked the court to order the city not to release their names.
Reiterating statements made by Seattle City Attorney Tom Carr shortly after the suit was filed, lawyers for the city now assert, reluctantly, that the records requested by City Light employee Philip Irvin.
“The city sympathizes with the concerns that plaintiffs have expressed,” Assistant City Attorney Gary T. Smith said in court documents. “Nonetheless, the city believes that the Public Records Act obligates it to disclose the records at issue.”
Irvin, who claims he’s been barred from attending LGBTQF club meetings because he is heterosexual and opposed to gay rights, has requested that the city release the names of employees belonging to or attending the Seattle Public Utilities-sponsored group.
According to the city’s filing, the department sponsors eight such “affinity” groups for employees “with similar concerns.” Included in the array are groups for employees of different ages or ancestry, including European. Each group is provided with up to $1,000 annually for events, and members are allowed to spend two work hours a month toward group activities.
In arguing that the records should be released, attorneys for the city assert that earlier appeals-court rulings have shown that employee information must be released even if it could result in harassment. The city cites a 2002 case in which King County was ordered by the state Court of Appeals to release a list of sheriff’s deputies’ names.
Attorneys for the plaintiffs assert that the employees’ identities are not releasable under the law, in part because they are of no legitimate public interest.
See Citing law, city reluctantly argues for release of gay employees …
Seattle Post Intelligencer
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Court refuses DADT challenge
The Supreme Court refused to grant cert to a DADT challenge, letting an appeals court ruling stand.
Tags: Appeals Court, Court Ruling, Supreme CourtCourt refuses DADT challenge
The Supreme Court refused to grant cert to a DADT challenge, letting an appeals court ruling stand.
Tags: Appeals Court, Court Ruling, Supreme CourtSupreme Court Rejects Challenge To “Don’t Ask, Don’t Tell”
The Supreme Court on Monday agreed with the Obama administration and upheld Pentagon policy barring gays and lesbians from serving openly in the military.
The court said it will not hear an appeal from former Army Capt. James Pietrangelo II, who was dismissed under the “don’t ask, don’t tell” policy. The federal appeals court in Boston earlier threw out a lawsuit filed by Pietrangelo and 11 other veterans. He was the only member of that group who asked the high court to rule that the Clinton-era policy is unconstitutional.
During last year’s campaign, President Barack Obama indicated he supported the eventual repeal of the policy, but he has made no specific move to do so since taking office in January. Meanwhile, the White House has said it won’t stop gays and lesbians from being dismissed from the military.
In court papers, the administration said the appeals court ruled correctly in this case when it found that “don’t ask, don’t tell” is “rationally related to the government’s legitimate interest in military discipline and cohesion.”
Pentagon spokesman Bryan Whitman referred requests for comment to the Justice Department, but said the military policy “implements the law.”
“The law requires the (Defense) Department to separate from the armed services members who engage in or attempt to engage in homosexual acts; state they are homosexual or bisexual; or marry or attempt to marry a person of the same biological sex,” Whitman said in a statement.
A legal advocacy group vowed to press ahead with efforts to reverse the policy despite the legal setback.
“We don’t see that at all as bad news for repeal,” said Kevin Nix, spokesman for the Servicemembers Legal Defense Network. “What happened today puts the ball back into the court of Congress and the White House to repeal the law, and that’s where we think it should be right now.”
See Supreme Court Rejects Challenge To “Don’t Ask, Don’t Tell”
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Is White House’s inaction a step towards lifting military ban?
- Is White House’s inaction a step towards lifting military ban?
An order by a federal appeals court in San Francisco that directs the government to present a justification for the “Don’t Ask, Don’t Tell”-based ouster of a lesbian decorated military officer will stand because the Obama White House opted to not appeal the ruling to the U.S. Supreme Court. The decision is being viewed by some activists as a positive step toward President Barack Obama upholding his campaign pledge to end the military ban. The Wall Street Journal (5/19)
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Obama Avoids Test on Gays in Military
WASHINGTON — The Obama administration has decided to accept an appeals-court ruling that could undermine the military’s ban on service members found to be gay.
A federal appeals court in San Francisco last year ruled that the government must justify the expulsion of a decorated officer solely because she is a lesbian. The court rejected government arguments that the law banning gays in the military should have a blanket application, and that officials shouldn’t be required to argue the merits in her individual case.
The administration let pass a May 3 deadline to appeal to the Supreme Court. That means the case will be returned to the district court, and administration officials said they will continue to defend the law there.
The move “takes the issue off the front burner,” as a trial and subsequent appeals could take years before the question returns to the Supreme Court, said an official familiar with the matter.
The decision comes as President Barack Obama attempts a balancing act on gay rights. He was elected with strong support from the gay community and promised action on a number of issues. But mindful of the complex politics, the White House has moved slowly.
See Obama Avoids Test on Gays in Military Wall Street Journal
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Gays win in FL adoption case
A FL appeals court ruled that the state must recognize out-of-state adoptions by same-sex couples.
Tags: Adoption Case, Appeals Court, Gays, Same Sex Couples, State AdoptionsCourt: Fla. must recognize states’ gay adoptions
Florida must recognize gay couples’ adoptions that were granted in other states even though its laws bar granting such adoptions, a state appeals court ruled Wednesday.
A trial court erred when it wouldn’t recognize a former lesbian couple’s adoptions that had been completed when the women lived in Washington state, the 2nd District Court of Appeal ruled unanimously. Florida is the only state that prohibits all gays from adopting, but the judges said the U.S. Constitution requires it to give “full faith and credit” to the actions of other states.
See Court: Fla. must recognize states’ gay adoptions
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Verdicts upheld in murder of transgender teen
NEWARK — A state appeals court upheld the murder convictions of two East Bay men today for their roles in battering and strangling a transgender teenager after learning she was biologically male.
The killing of 17-year-old Gwen Araujo of Newark in 2002 drew national attention to incidents of violence against transgender people, which often include defense claims that the victim provoked the attack by having sex under false pretenses.
In this case, lawyers for both defendants argued that the slaying was manslaughter at most, because their clients had acted in the heat of passion when they learned the person with whom they had had oral and anal sex was born male. But the First District Court of Appeal in San Francisco ruled 3-0 that the Alameda County trial judge had defined the crimes properly to the jury, and that the panel had substantial evidence for second-degree murder convictions.
Mark Greenberg, a lawyer for defendant Michael Magidson, said he would appeal to the state Supreme Court.
See Verdicts upheld in murder of transgender teen
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Calif. high court OKs lesbian students expulsion
(Riverside, California) The California Supreme Court will let stand an appeals court ruling that a Lutheran school was within its rights when it expelled two students for allegedly being lesbians.
The case began in 2005 after the school’s principal, Gregory Bork, called the girls into his office and grilled them on …
Tags: Appeals Court, Bork, California Court, California Supreme Court, Expulsion, Girls, Lesbian Students, Lesbians, Lutheran School, Riverside California
