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.
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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
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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
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Activists, family hope good can come from Zapata’s death
A Colorado jury’s conviction of the man who murdered a transgender woman is a bittersweet moment for activists and the victim’s family, who are hoping while mourning that some good can come from the tragedy.
On April 22, Allen Andrade of Thorton, Colo., was convicted of first-degree murder and a hate crime for killing Angie Zapata, who was transgender, by beating her to death with a fire extinguisher in her Greeley, Colo., apartment.
Defense attorneys argued that Andrade, 32, killed Zapata, 18, while in a sort of “trans-panic” mindset after they agreed to meet for sex and he discovered she was transgender. But prosecutors argued that the murder was premeditated and Andrade murdered Zapata because he hated LGBT people. See Activists, family hope good can come from Zapata’s death
Case marks first time hate crimes law used in trans killing * Tags = gay men gay news lesbian news transgender bisexual
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SENEGAL SCARE: Gay Witch Hunts & Lynchings Queerty
In Uganda, anti-gay hatred is manifested by newspapers printing of the names and faces of “gay suspects” and activists “storming Parliament” with their message to rid the nation of gays. But across the continent in Senegal, things aren’t any better for the gays. They’re being hunted down Jim Crow-style, with threats of lynchings.
Even though nine AIDS activists were just released from prison after their attorneys successfully argued the evidence for “unnatural acts” charges was insufficient, the climate is anything but tolerant. Rather, you have youth leaders calling for the lynching of gay men: “The homosexuals will not escape lynching. They will be fish food,” one told Dakar newspaper L’Observeur, according to GlobalPost.
See SENEGAL SCARE: Gay Witch Hunts & Lynchings
Queerty * Tags = gay men gay news lesbian news transgender bisexual
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Gays under threat in Senegal
DAKAR, Senegal — A mob gathered near a mosque outside Dakar. They were there to hunt down and kill nine men accused of homosexual acts.
Earlier this week the nine Senegalese AIDS activists were freed from eight-year-prison terms for alleged homosexual acts, but they went into hiding because of death threats from Muslim religious leaders and the general population.
“The homosexuals will not escape lynching. They will be fish food,” Dakar newspaper L’Observeur quoted a local youth leader as saying.
“Gay men will never be free in Senegal. They expose us all to danger,” said Imam Mbaye Niang, a prominent religious leader and member of parliament. “The judges should understand that Senegalese people need to protect their children, their families from homosexuality.”
In Senegal — where 95 percent of the population is Muslim — homosexual acts are punishable by fines and up to five years in prison. In January, the nine men received the harshest sentence yet for such an offense in Senegal, getting the maximum of five years and an additional three for criminal conspiracy.
Though widely supported in Senegal, the conviction was condemned by international human rights groups and foreign governments, most notably France.
“They were judged and condemned very severely, surely on the basis of public outcry, therefore the justice was neither objective nor founded in law,” said lead defense attorney Barim Sassoum Sy, who called the initial ruling hasty and emotional.
A Dakar appeals court overturned that decision Monday, citing violations of legal protocol.
Acting on an anonymous tip, police had arrested the men — most of whom do HIV prevention work in the “men having sex with men” community — in December at the home of a prominent gay activist. But the police did not have a search warrant, nor did they catch the men in the act, which is required by the Senegalese law prohibiting “indecent acts against nature.” The judge hearing the appeal therefore declared their convictions null and void, Sy said.
Yet even as smiling attorneys and supporters celebrated in the packed courtroom Monday and exchanged congratulations, plans were already in place to get the freed men into hiding outside Dakar.
“The first judge sentenced them to eight years,” said Imam Niang. “He had the courage to say it. The judge that let them go was much less courageous. He yielded to international pressure.”
See
Gays under threat in Senegal
GlobalPost * Tags = gay men gay news lesbian news transgender bisexual
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Supreme Court takes up dispute over endorsement of gay adoption by Florida Bar’s family-law section
State Supreme Court justices critically questioned both sides today in a dispute over whether the family-law section of the Florida Bar should be allowed to legally endorse adoption for gay couples. A circuit judge in Miami threw out the statute banning adoption by gays but the case is headed for the Supreme Court. The Bar itself has not taken a position but its family-law section sought to file a “friend of the court” brief supporting the circuit court ruling. Lawyers supporting the statute objected — saying the Bar shouldn’t be using compulsory dues paid by all lawyers to fight on one side of a controversial issue.
Tallahassee attorney Barry Richard said the family section is a voluntary association and that its lawyer members have a right to take positions. But Matt Staver, representing the conservative Liberty Counsel, said Bar rules forbid lobbying on either side of a hot topic.
The attorneys argued over the distinction between lobbying the Legislature and filing a legal brief in court. They also disagreed about whether a voluntary section of the bar is restrained by the same rules applying to the full bar.
Chief Justices Peggy Quince and Justices Barbara Pariente, Fred Lewis, Charles Canady and Ricky Polston pressed Richard and Staver on the legal distinctions.
Pariente said that if the prohibition on pursuing controversial, divisive issues had been interpreted as a ban 50 years ago, the Bar could not have taken sides on racial integration. Lewis said he doesn’t think much of “friend of the court” briefs, because they are usually partisan advocacy rather than independent guidance on the law, and that the public doesn’t make a distinction between a section of the Bar and the whole Bar itself.
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Judge refuses to delay hearing in Lawrence King murder
(Oxnard, California) A move to delay the preliminary hearing of Brandon McInerney, the 15-year-old accused of killing gay classmate Lawrence King, was rejected Tuesday.
McInerney’s attorneys are fighting to have the case moved from adult to juvenile court. The issue is now before the California Supreme Court after being rejected by …
Gay, married and outlawed
The questions and answers volleyed back and forth last week during the California Supreme Court’s televised proceedings on Prop 8, the state’s recently enacted ban against gay marriage.
And in a dark classroom at Chapman University, watching it all with a focused intensity, was law student Tiffany Chang.
In Chang’s view, the discussion was riveting. Did Prop. 8 simply “take away the label of marriage,” as one justice put it? Chang has heard all of the arguments, including those that say that same sex couples enjoy domestic partnership rights in California, so why insist on the designation of “marriage.”
You could say there was twice as much at stake for Chang, who tracks the legal debate for reasons both scholarly and personal.
Two years ago, in front of friends and family in Long Beach, Chang and her partner Lindsey Etheridge exchanged marriage vows in an unofficial, non-legally binding ceremony. Then, exactly a year later, on July 14, 2008, during the short window when same-sex marriages were legal here in California, Chang and Etheridge filed for “official marriage paperwork.” Then they married in a legal ceremony.
Chang says the event was life changing.
“We were in the clerk’s office and there were people there we don’t know, but they represented the government, validating our relationship,” says Chang, 28. “After it was all done, that sense of security, it was tenfold at least.
“I never could have known what that felt like, to truly be equal in our society,” she adds. “I don’t think you know what that feels like until you’ve got it.”
Chang was part of a “friend of the court” brief filed with the state’s Supreme Court in support of those who have legally challenged Prop. 8. And, in her declaration, she elaborated that on the day “I walked out with my head held higher than I thought was even possible.”
The brief was drafted by attorneys Katherine Baird Darmer and Ronald Steiner, who are also law professors at Chapman, and includes declarations from other people connected to Chapman, as well as from members of the Orange County Equality Coalition, a community group that says it educates and advocates for marriage equality in California.
For Chang, Prop. 8 isn’t just a matter of nomenclature; it’s a matter of denying a minority group the rights afforded to all others. Since the law passed in November, Chang has been speaking out in public. She says she’s come to realize that until a person is treated like a second-class citizen it’s difficult for them to understand what it’s like to be on the other side.
See
Gay, married and outlawed
OCRegister
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Prosecution Winding Down in Gay Porn Murder Trial
More than 50 witnesses have been called so far in a high profile murder case in Luzerne County. The witnesses were testifying against Harlow Cuadra. He’s charged with stabbing Bryan Kocis to death in Dallas Township in 2007.
The prosecution called witnesses Thursday to help prove Cuadra had the strength to stab and kill Bryan Kocis. Cuadra’s attorneys have painted him as weaker than his boyfriend, admitted killer Joseph Kerekes, and said in opening statements that Cuadra wasn’t strong enough to stab Kocis and slash his throat.
Lance Threadway owns the Virginia Beach gym where Cuadra and his partner, Joseph Kerekes, worked out. He testified Thursday morning, saying Cuadra was strong for his size, and that both men lifted equal weights. See Prosecution Winding Down in Gay Porn Murder Trial
MSNBC
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EQCA Executive Director Geoff Kors: “Prop. 8 destroys the fundamental principle of equal protection”
“By taking away a fundamental right from one group, Prop. 8 destroys the fundamental principle of equal protection – a principle codified in our Constitution and intended to protect minority groups from the oppression of the majority. Without the right to equal protection, every Californian risks discrimination at the ballot box.
“Equality California has sued on behalf of our members to invalidate Prop. 8. Today, our team of attorneys, led by the National Center for Lesbian Rights, Lambda Legal, and the ACLU, argued that Prop. 8 usurps the guarantee of equal protection and bypasses our legal safeguards. More than 300 leading civil rights organizations, legal scholars, and faith leaders submitted amicus briefs to the court, indicating their support of our argument. And this week, the state Assembly and state Senate passed resolutions stating their belief that Prop. 8 is an invalid revision to the Constitution.
“But victory in the courts is far from certain and no matter the outcome, the work to achieve acceptance and understanding must continue. Prop. 8 showed how much work there is left to be done and invalidating that discriminatory, unconstitutional amendment is just the beginning.
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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
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