Gay Rights Groups Seek to Intervene in Federal Challenge to Calif. Same-Sex Marriage Ban
Gay rights groups’ attempt to intervene in a federal challenge of California’s Proposition 8 has created a rift with the high-powered attorneys heading the case, turning erstwhile allies into head-butting competitors.
Both sides have diverging visions of legal strategy. The gay groups are pushing a cautious, narrow approach based on the circumstances of Prop 8, while Theodore Olson, David Boies and their backers are seeking a decisive victory for all gay couples under the U.S. Constitution.
The civil rights groups — the National Center for Lesbian Rights, Lambda Legal Defense and Education Fund and the American Civil Liberties Union — are also worried that the Olson/Boies team is underestimating the importance of U.S. District Chief Judge Vaughn Walker’s insistence on a fully developed factual record. They moved this month to intervene (pdf) so they can present evidence of historic discrimination against gays and lesbians and answer Walker’s questions, such as whether sexual orientation can be changed and whether same-sex marriages destabilize opposite-sex marriages.
See Gay Rights Groups Seek to Intervene in Federal Challenge to Calif …
Above the Law
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
 |
Original source : http://gay_blog.blogspot.com/2009/07/gay-rights-gr…
Judge Declines to Stay Law on Gay Marriage
A Superior Court judge decided yesterday not to delay enactment of a law stipulating that the D.C. government will recognize same-sex marriages performed in other jurisdictions.
Judge Judith E. Retchin ruled that she would not a grant a stay preventing the law from taking effect Monday, as requested by opponents. However, the effective date is likely to be delayed by the need for congressional approval. Attorneys for the group said they needed more time to research and argue their position before the law takes effect.
Opponents, led by Bishop Harry Jackson of Hope Christian Church in Beltsville, and seven other D.C. voters want a referendum on the issue, but the D.C. elections board said that would be illegal under the District’s Human Rights Act.
Although Retchin decided against delaying the law’s enactment, she said opponents could seek to amend the law after the marriage provision takes effect.
See Judge Declines to Stay Law on Gay Marriage
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/07/judge-decline…
Voter ‘animus’ to be issue in Calif marriage case
When the U.S. Supreme Court overturned an amendment to the Colorado Constitution that outlawed discrimination protections for gay people, same-sex couples could not enter into civil unions or domestic partnerships anywhere in the nation, much less get married. But as they seek to persuade a federal judge to strike down California’s ban on gay marriages, lawyers for two unmarried gay couples are using that 13-year-old decision as their road map — one they expect will eventually lead the high court to take up the marriage issue. In the Colorado case, Romer v. Evans, the Supreme Court majority held that voters’ dislike of gays and the laws that several cities had approved to shield them from bias motivated the state amendment. Such “animus,” it said, was incompatible with the section of the U.S. Constitution that requires the government to treat its citizens equally absent a compelling reason to do otherwise. The attorneys behind the challenge to California’s Proposition 8 plan to argue during a pretrial hearing Thursday that by stripping gays of the right to wed, the voter-approved ban runs afoul of America’s founding framework in the same way — and for the same reason. “Romer is a strikingly similar situation to what we have here. You had a ballot initiative, a majority vote of the people, taking away a right,” said Theodore J. Boutrous Jr., a member of the legal team led by former U.S. Solicitor General Theodore Olson and veteran trial lawyer David Boies. “And there was no justification or rationale other than disapproval by that majority of that group.” U.S. District Chief Judge Vaughn R. Walker on Tuesday issued a tentative order to fast-track the case in his San Francisco court. Among the questions he said he wants covered at trial are whether sexual orientation is unchangeable, if permitting same-sex marriage “destabilizes” traditional unions and whether Proposition 8’s ballot history demonstrates the measure had “discriminatory intent.” California Attorney General Jerry Brown, a defendant in the case, has sided with gay rights advocates and declined to defend the ban, which overturned a California Supreme Court ruling that had legalized same-sex marriages. The state Supreme Court five weeks ago upheld the measure, saying it represented a valid exercise of voters’ authority to amend the California Constitution. Proposition 8’s sponsors, a coalition of religious conservative groups called Protect Marriage, has been given permission to intervene in the federal case. In court papers, the group’s lawyers rejected the assertions that anti-gay attitudes fueled the November measure and that the 1996 Colorado case was applicable. “Nothing in California law, either Proposition 8 or otherwise, indicates that Californians harbor animus towards gay and lesbian individuals,” they wrote. Since the U.S. Supreme Court’s 6-3 decision, attorneys for gay rights and Christian conservative groups have debated whether the Romer decision could be used to expand gay rights. The ruling marked the first time the Supreme Court determined that the Constitution’s equal rights guarantees extended to gays and lesbians. “The basic point of Romer is that government cannot ever act out of hostility toward a group of people, and whether that is in the context of marriage or anti-discrimination law, the point carries over,” said Suzanne Goldberg, who worked on the case and now directs Columbia Law School’s Sexuality and Gender Law Program. The ruling has been cited, though so far unsuccessfully, in past challenges to gay marriage bans in Nebraska and Florida. At the same time, gay rights groups mostly have shied away from pursuing federal marriage cases in favor of pursuing marriage rights in state courts. Legal observers on both sides of the debate agree, however, that California’s Proposition 8 presents novel questions that could make the issue ripe for federal action.
San Francisco Chronicle
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/07/voter-animus-…
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
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/06/citing-law-ci…
California appellate court rules La Crescenta property belongs to Los Angeles diocese
A California appellate court’s June 9 ruling was the latest in a series of recent developments that return disputed church properties to three California Episcopal dioceses.
On June 9, the San Diego-based Fourth District Court of Appeal ruled unanimously that the Diocese of Los Angeles is legal owner of property currently occupied by St. Luke’s Anglican Church. The congregation had cited theological differences when severing ties to the Episcopal Church (TEC) in 2006 and realigning with an Anglican diocese in Uganda.
In unrelated agreements, displaced Episcopalians will return July 1 to two other disputed properties, St. John’s Church in Petaluma, in the Diocese of Northern California and St. Paul’s Church in Modesto in the Diocese of San Joaquin.
“The long history of the Episcopal Church in La Crescenta will continue with new leadership and the potential for sustained growth, and as an open source of full inclusion for all humanity,” Bishop Jon Bruno of Los Angeles said June 9 after learning of the court’s decision.
“It is important that we preserve the essence of St. Luke the healer and the ongoing maintenance of the historic church building. It is a jewel in the crown of La Crescenta, and a blessing to the people of the Diocese of Los Angeles.”
Los Angeles: ‘property held in trust’ for wider church
The appellate court ruling affirmed a 2007 trial court decision that the church, located about 15 miles north of Los Angeles, was held in trust for the mission of both the local diocese and the wider church. In issuing the ruling, the ten-member panel cited a January 5, 2009 California Supreme Court decision, which returned St. James Anglican Church in Newport Beach to the diocese. Attorneys in that case, New v. Kroeger, have appealed the decision to the U.S. Supreme Court.
John Shiner, chancellor for the Diocese of Los Angeles, said a timeline for transition will advance in accordance with court procedures.
The Rev. Rob Holmann, rector of St. Luke’s Anglican Church, declined to comment June 10. “I know the general direction of the ruling, but I am withholding all comment until I see it” and until he could speak with attorneys, he told the Episcopal News Service.
A few days earlier, Holmann had told the Glendale News Press that he and the 200-member congregation “would very much like to stay” in the 83-year-old river-rock building, considered a cultural, architectural and historic local landmark.
Bruno said the future mission of St. Luke’s, now under his direct pastoral control, will be to focus on “deepening our understanding of what it means to be reconciled, welcoming and healthy people of God.”
Petaluma and Modesto: Episcopal congregations set to return July 1
After a bitter split and three years of “homelessness,” members of St. John’s Episcopal Church in Petaluma are returning July 1 to the 118-year-old church, the Rev. Norman Cram said in a telephone interview June 10.
“We are jubilant, overwhelmingly jubilant,” said Cram, priest-in-charge. “We celebrated our homelessness and we overlooked the inconveniences of living and worshipping out of a laundry basket but now that these things are almost behind us, it’s almost overwhelming.”
Citing disagreement over the ordination of a gay bishop, a majority of the 250-member congregation in December 2006 had voted to sever ties with the Episcopal Church and the Diocese of Northern California but declined to vacate church property. They formed St. John’s Anglican Church, displacing about 55 continuing Episcopalians who initially met in homes.
The Rev. David Miller, rector of the Anglican congregation, had sought a transfer of his canonical residence to the Argentina-based Anglican Province of the Southern Cone and was eventually deposed by the Rt. Rev. Jerry Lamb, then bishop of the Diocese of Northern California.
Miller did not return ENS telephone calls June 10. Mike McIntosh, parish administrator for the disaffiliated group, said a news release would be issued eventually, but declined further comment. The congregation’s last service in the church will be Sunday, June 28.
The continuing Episcopal congregation eventually began meeting on Sunday evenings at the Elim Lutheran Church in Petaluma who “magnificently sheltered us,” said Cram. He added that he hopes: “to present a healthy Christian perspective of love, compassion and kindness to our community, to be the yeast for the values of unity and inclusiveness in Petaluma.”
Meanwhile, Bishop Jerry Lamb of San Joaquin told ENS that discussions are underway with St. Paul’s Church in Modesto for return of that property by July 1, which several years ago affiliated with the Anglican Mission in America.
The Rev. Michael McClenaghan, rector, did not return ENS calls.
Lamb was already planning an organizational meeting, seeking lay leaders to begin the work of transition. “I have been making calls this week to laity who are or have been members of St. Paul’s and have signaled their desire to remain in the Episcopal Church,” he said in a statement posted on the diocesan website.
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/06/california-ap…
Wisconsin Trial Court Dismisses ACLU Lawsuit Seeking Domestic Partner Benefits For Lesbian and Gay State Employees
The Court’s opinion states: “The plaintiffs have offered a strong showing that the employment benefits in issue have been provided on a discriminatory basis. The defendants’ explanations offered for the continuing discrimination against these plaintiffs are unpersuasive and inadequate.”
“Losing doesn’t get any better than this,” said Larry Dupuis, Litigation Director of the ACLU. “We knew we had an uphill battle in the trial court because of the earlier case. But the court agreed with us that discrimination based on sexual orientation should be subject to strict judicial review and that it is unconstitutional for the state to deny equal benefits.”
The Court also found that providing the benefits would not be barred by the anti-gay marriage amendment that passed in 2006. After the amendment passed, the state had argued that the amendment barred the state from providing the benefits.
The ACLU filed the lawsuit in April 2005 on behalf of six lesbian state employees and their partners. The lawsuit charges that it is a violation of the state’s equal protection guarantees to deny lesbian and gay state employees access to the same health insurance and family leave protections that it provides to straight employees who are able to cover their spouses. The lawsuit was stalled for years because a number of Wisconsin municipalities tried to inject themselves into the lawsuit. The issue ultimately went up to the Wisconsin Supreme Court, which ruled that they were not entitled to become a party to the litigation.
“While we are heartened by the court’s decision, we urge the legislature to pass the domestic partner bill so there will be no need to appeal,” added Chris Ahmuty, Executive Director of the ACLU of Wisconsin. “Our clients are forced to pay expensive prices for inferior health coverage and sometimes even to forego necessary care. They suffer every day this issue goes unresolved.”
Wisconsin Department of Corrections employee Jayne Dunnum and her partner, Robin Timm, pay nearly $450 a month for private insurance for Timm who works on the couple’s organic farm and food store in Platteville. “We don’t care if it happens through the courts or the legislature. We just really need the health insurance coverage,” said Dunnum. “It’s a matter of basic fairness. I work just as hard has my straight colleagues and shouldn’t be denied the equal employment benefits.”
The case is Dunnum v. Department of Employee Trust Funds. The couples are represented by John Knight and Rose Saxe of the ACLU’s Lesbian Gay Bisexual Transgender Project, Larry Dupuis of the ACLU of Wisconsin, and cooperating attorneys Linda Roberson and Christopher Krimmer of the Madison law firm Balisle & Roberson.
Biographical information for all of the couples, today’s decision, the complaint, and additional information are available at http://www.aclu.org/getequal/caseprofiles.htm.
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/06/wisconsin-tri…
Gay rights advocates rip suit to undo Prop. 8
Gay rights advocates Wednesday blasted two veteran attorneys for filing a federal lawsuit seeking to overturn Proposition 8, California’s voter-approved same-sex marriage ban, saying the move is premature and could be disastrous for the marriage movement.
While they knew of the objections, attorneys Theodore B. Olson and David Boies - who opposed each other during the 2000 Bush v. Gore presidential election case - filed the suit Friday in San Francisco on behalf of two same-sex couples who wanted to be married but were denied because of Prop. 8.
The suit claims the voter-approved measure, which the California Supreme Court affirmed Tuesday, denies same-sex couples the basic liberties and equal protection under the law guaranteed by the 14th Amendment. It asks for a preliminary injunction against Prop. 8 until the case is decided.
Olson said he filed the case not only on behalf of his clients, who include Berkeley residents Kris Perry and Sandy Stier, but on behalf of gay couples elsewhere who want to get married but can’t.
“We can’t tell them to wait, what, five years” for their state to approve same-sex marriage, he said, but acknowledged that it could take two years for his case to reach the U.S. Supreme Court.
While Olson shares the same end goal as same-sex marriage advocates, he doesn’t share their political strategy - to win states individually, with ballot initiatives or laws approved by state legislatures. Several same-sex marriage advocates intend to put the issue to voters in November 2010.
Olson thinks both strategies can work simultaneously. But many gay legal advocates are urging same-sex couples to avoid filing federal lawsuits because federal courts have not been as friendly to gay rights issues See * Gay rights advocates rip suit to undo Prop. 8 San Francisco Chronicle Tags = gay men gay news lesbian news transgender bisexual
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/05/gay-rights-ad…
ACLU Sues To Stop Tennessee Schools From Censoring Gay Educational Web Sites; Filtering Software Allows Anti-Gay Sites
NASHVILLE, TN – The American Civil Liberties Union and the ACLU of Tennessee sued two Tennessee school districts in federal court today, charging the schools are unconstitutionally blocking students from accessing online information about lesbian, gay, bisexual and transgender issues. Metropolitan Nashville Public Schools, Knox County Schools and as many as 105 other school districts in Tennessee use Internet filtering software to block Web sites containing pro-LGBT speech, but not Web sites touting so-called “reparative therapy” and “ex-gay” ministries. The “LGBT” filter is not used to block sites containing pornography, which are filtered under a different category, but it does block the sites of many well-known LGBT organizations including Parents, Families, And Friends of Lesbians and Gays (PFLAG), the Gay Lesbian Straight Education Network (GLSEN) and Human Rights Campaign (HRC).
“Allowing access to Web sites that present one side of an issue while blocking sites that present the other side is illegal viewpoint discrimination,” said Catherine Crump, a staff attorney with the ACLU First Amendment Working Group and lead attorney on the case. “This discriminatory censorship does nothing to make students safe from material that may actually be harmful, but only hurts them by making it impossible to access important educational material.”
The school districts block the Internet filtering category designated “LGBT,” which includes sites that “provide information regarding, support, promote, or cater to one’s sexual orientation or gender identity.” They do not, however, block sites that condemn homosexuality or promote “reparative therapy,” a practice purporting to “cure” LGBT people that is denounced as dangerous and harmful to young people by such groups as the American Psychological Association and the American Medical Association.
The ACLU filed the case in the U.S. District Court for the Middle District of Tennessee against Metropolitan Nashville Public Schools and Knox County Schools on behalf of two high school students in Nashville, one student in Knoxville and a high school librarian in Knoxville who is also the advisor of the school’s Gay-Straight Alliance (GSA).
“Students need to be able to access information about their legal rights or what to do if they’re being harassed at school,” said Keila Franks, a 17-year-old student at Hume-Fogg High School in Nashville and a plaintiff on the case. “It’s completely unfair for schools to keep students in the dark about such important issues and treat Web sites that just offer information like they’re something dirty.”
The lawsuit charges that blocking LGBT sites violates students’ First Amendment rights by only allowing access to sites that present an anti-gay point of view on the rights of LGBT persons on issues such as anti-gay harassment, marriage, employment discrimination and the military’s “don’t ask, don’t tell” policy while blocking access to sites that support LGBT rights. Further, the filtering hinders the ability of GSAs and their members to facilitate club activities and keeps students from accessing important information about scholarships for LGBT students or doing research for school-related assignments.
The ACLU first learned about the discriminatory filtering from Andrew Emitt, a Knoxville high school student who discovered the problem while trying to search for LGBT scholarships. Internet filtering software is mandated in public schools by Tennessee law, which requires schools to implement software to restrict information that is obscene or harmful to minors. However, the “LGBT” filter category does not include material which is sexually gratuitous and already included in the “pornography” filtering category.
“While schools may have an interest in using filters to block material that could be harmful to minors, blocking access to information about LGBT issues while allowing anti-gay information is unlawful and potentially dangerous,” said Tricia Herzfeld, a staff attorney with the ACLU of Tennessee. “There is no place for this kind of unconstitutional censorship in our public schools.”
In addition to Crump and Herzfeld, attorneys on the case are Chris Hansen of the ACLU First Amendment Working Group and Christine Sun of the ACLU LGBT Project.
The plaintiffs are Nashville students Keila Franks and Emily Logan, Knoxville student Bryanna Shelton, and Karyn Storts-Brinks, a Knoxville high school librarian and faculty sponsor for her school’s GSA.
More information about the case, including the ACLU’s complaint and a video featuring one of the student plaintiffs, is available online at: www.aclu.org/lgbt/youth/39346res20090413.html.
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/05/aclu-sues-to-…
Bill Making Identification Change More Accessible for Transgender Persons Passes Key Assembly Committee, Moves One Step Closer to Becoming State Law
Sacramento – The Equal ID Act took one step closer to becoming law today when it passed the State Assembly Judiciary Committee by a 7-3 vote. The bill, sponsored by Equality California (EQCA) and introduced by Assemblymember Ted Lieu (D – Torrance), increases the legal rights and recognition enjoyed by transgender people by clarifying that qualified transgender people born in California can return to the county of their birth to obtain a court order reflecting their correct gender and accompanying name change. The court order is then used to obtain a corrected California birth certificate.
“All Californians deserve legal documentation that accurately reflects who they are,” EQCA Executive Director Geoff Kors said. “Once passed, this law will make it easier for transgender people both in California and beyond to obtain accurate identification, apply for jobs, and live their lives as full and equal members of society.”
Until recently, California law only allowed transgender persons to petition the court for an order recognizing a change of gender in the county in which they presently reside. Last month, the Transgender Law Center successfully challenged the residency requirement in the California Court of Appeals. In Somers v. Superior Court, the court held that the residency requirement violated the equal protection rights of California-born transgender people residing out of state. The Equal ID Act is the next step in ensuring that all Californians are able to obtain accurate birth certificates.
“The Equal ID Act would bring the Health and Safety Code up to date with case law,” said Kristina Wertz, Legal Director of the Transgender Law Center. “It would alleviate any confusion and ensure that California-born people residing in other states know that they, too, can be afforded the dignity of a birth certificate that reflects who they truly are.”
The new bill ensures that transgender people born in California know that they can return to the county of their birth to obtain a corrected birth certificate. It also provides greater access to transgender persons living in the state, allowing them for first time to petition the court in their home counties.
“The Equal ID Act would make it clear to others in my situation that they can go back to the counties in which they were born to get a court order changing their gender. It would save people all the trouble I went through finding attorneys and spending nearly four years in the courts,” said Gigi Marie Somers, who testified at this morning’s committee hearing. Ms. Somers, a transgender woman born in California, was unable to obtain a new birth certificate in the state of Kansas, where she now resides. Ms. Somers was the plaintiff in the legal action brought by the Transgender Law Center.
“The rights of Californians should not end at our state’s borders,” Assemblymember Leiu said. “The Equal ID Act makes certain every Californian has the freedom and liberty to be true to his or herself.”
Birth certificates are used as primary source of identification and are often necessary to secure other forms of identification, including social security cards and passports.
-30-
Equality California (EQCA) is the largest statewide lesbian, gay, bisexual, transgender-rights advocacy organization in California. In the past decade, EQCA has strategically moved California from a state with extremely limited legal protections for LGBT individuals to a state with some of the most comprehensive civil-rights protections in the nation. EQCA has passed over 50 pieces of legislation and continues to advance equality through legislative advocacy, public education and community empowerment. www.eqca.org
The Transgender Law Center (TLC) is a civil rights organization advocating for transgender communities. TLC uses direct legal services, education, community organizing, and advocacy to transform California into a state that recognizes and supports the needs of transgender people and their families. www.transgenderlawcenter.org
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/05/bill-making-i…
Missing e-mails at issue in Wone murder
Attorneys representing three gay men charged with obstruction of justice in connection with the murder of Washington attorney Robert Wone accused prosecutors in court Friday of failing to preserve evidence from Wone’s BlackBerry cell phone that could have helped prove their clients’ innocence.
The lead prosecutor in the case, Assistant U.S. Attorney Glenn Kirschner, disputed the significance of the lost e-mails. He said the government has solid evidence showing that defendants Joseph Price, Victor Zaborsky and Dylan Ward obstructed justice by engaging in evidence tampering to hide the facts surrounding Wone’s August 2006 murder.
But Bernard Grimm, Price’s attorney, told reporters after Friday’s status hearing before D.C. Superior Court Judge Frederic Weisberg that the government theory about the timing of the murder is “now under question.” He said the questions surfaced as a result of the government’s disclosure April 17 that Wone sent at least two e-mails from his BlackBerry at a time when prosecutors believed Wone dead. See Missing e-mails at issue in Wone murder * Tags = gay men gay news lesbian news transgender bisexual
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/05/missing-e-mai…
