DOJ Will Not Appeal Veteran’s VictoryIn Transgender Discrimination Case
Signals Commitment By Obama Administration To Protect Transgender Workers From Discrimination
WASHINGTON, DC – The U.S. Department of Justice decided not to appeal a federal court ruling awarding transgender veteran Diane Schroer the maximum compensation for the discrimination she suffered after being refused a job with the Library of Congress. The deadline for seeking an appeal was June 30. The American Civil Liberties Union has represented Schroer in her case.
The Obama administration’s decision whether to appeal the final ruling in the case has been closely watched in part because the Bush administration defended the case so vigorously, arguing that transgender Americans are not protected by any existing federal laws. The decision not to appeal the verdict is consistent with the Obama administration’s campaign promises to protect transgender workers against discrimination and his administration’s recent order taking steps to bar gender identity discrimination in federal employment.
“I am grateful that the court took the time to examine the case in detail and come to a fair and unbiased decision. In that same light, I am gratified that the current administration saw this for what it was, a case of sex discrimination focused against transgender people, and recognized that it must end in this country,” said Schroer, an Army Special Forces veteran with 25 years service. “The important signal that the administration’s decision sends to all LGBT individuals gives me renewed hope and restores some of my shaken faith in what our country stands for.”
On April 29, 2009, a federal court awarded Schroer maximum damages of $491,190 for back pay, other financial losses and emotional pain and suffering after finding the Library illegally discriminated against Schroer because of her sex. At trial, Schroer testified that she had applied for a position with the Library of Congress as the senior terrorism research analyst and was offered the job. Prior to starting work, she took her future boss to lunch to explain that she was in the process of transitioning and wished to start work presenting as female. The following day, Schroer received a call from her future boss rescinding the offer, telling her that she wasn’t a “good fit” for the Library of Congress.
“We are pleased and relieved that the Obama administration has decided to bring an end not only to years of hard-fought litigation but also to a painful chapter of Ms. Schroer’s extraordinary life,” said Sharon McGowan, a staff attorney with the ACLU LGBT Project. “The administration’s decision not to challenge this important civil rights ruling is a welcome sign that it intends to live up to its commitment to help end transgender discrimination in the workplace.”
The ACLU filed the lawsuit against the Library of Congress on June 2, 2005, charging that the library unlawfully refused to hire Schroer in violation of Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in the workplace. In an earlier ruling in this case, the court issued a groundbreaking opinion that discriminating against someone who transitions from living as one gender to another is sex discrimination under federal law. In reaching this decision, the court compared the discrimination faced by Schroer to religious-based discrimination, saying, “Imagine that an employee is fired because she converts from Christianity to Judaism. Imagine too that her employer testified that he harbors no bias toward either Christians or Jews but only ‘converts.’ That would be a clear case of discrimination ‘because of religion.’ No court would take seriously the notion that ‘converts’ are not covered by the statute.” The court also ruled that the library was guilty of sex stereotyping against Schroer because of its view that she failed to live up to traditional notions of what is male or female.
“This case put employers on notice that discrimination against transgender individuals is like any other form of discrimination – counterproductive and against our principles as a nation,” added Schroer. “But this case alone won’t end the rampant discrimination that transgender people face throughout the country. That’s why we need Congress to pass the Employment Non-Discrimination Act that was introduced last week.”
In addition to McGowan, the legal team consisted of Ken Choe, Senior Staff Attorney for the ACLU LGBT Project, James Esseks, Litigation Director for the ACLU LGBT Project and Arthur Spitzer, Legal Director of the ACLU of the Nation’s Capital.
A copy of the decision, the complaint, a video, a bio and photographs of Diane Schroer are available at: http://www.aclu.org/lgbt/transgender/24969res20050602.html
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Original source : http://gay_blog.blogspot.com/2009/07/doj-will-not-…
National Gay and Lesbian Task Force applauds Census Bureau’s plan to count married same-sex couples
Task Force staffers have been meeting with officials from the White House, Census Bureau and Commerce Department to press for this policy reversal
WASHINGTON, June 20 -The National Gay and Lesbian Task Force applauds reports that the U.S. Census Bureau will count married same-sex couples in the 2010 census, reversing an earlier decision made under the Bush administration. Previously, same-sex couples only had the option of checking off ‘unmarried partner,’ which will remain an option. The Task Force has played a leading role in getting the Census Bureau to change course. Task Force staffers have been pressing for a reversal of the discriminatory policy in meetings that started in late 2008 with the Obama transition team, continuing later with officials from the White House, Census Bureau and Commerce Department.
tatement by Rea Carey, Executive Director National Gay and Lesbian Task Force
“This is a huge win for our community. Our community and allies stood up and refused to allow same-sex marriages, our
families and our children to be rendered invisible in the picture of our country provided through the census.
“After months and months of pressure through the grassroots campaign we waged and our in-person meetings with administration officials, the U.S. Census Bureau has reversed policy and will be accurately counting the thousands of same-sex couples who have worked so hard to have their love and commitment recognized.
“This gives us hope that we will also be able to get the federal government to include lesbian, gay, bisexual and transgender people in the data and reporting on other critical issues, including those having to do with our health, economic issues, safety and life circumstances. As a married person myself, I look forward to filling out the census form, knowing that my family will be counted accurately.
“We would like to thank Gary Gates of the Williams Institute for his years of work and for partnering with us to educate the administration on this critical issue of visibility for our community.”
The Task Force’s work leading to this victory
The Task Force has been working for months to secure a reversal of the discriminatory policy.
* Task Force staff met with Obama transition team members to educate them about this critical issue, and to provide concrete ways for them to make this change.
* Task Force staffers, including Executive Director Rea Carey and Policy Institute Director Jaime Grant, have been pressing for a policy change in meetings that started in late 2008 with the Obama transition team, continuing later with officials from the White House, Census Bureau and Commerce Department.
* In February, the Task Force Policy Institute convened 20 leading lesbian, gay, bisexual and transgender rights organizations to meet with top census outreach officials. In this meeting, the groups collectively refused to engage in community outreach on the census until the anti-marriage policy was reversed.
* The Task Force partnered with the Williams Institute to provide officials from the White House, Census Bureau and Commerce Department with research essential to making this change.
* The Task Force undertook a major grassroots campaign to both educate the public on this issue and to apply pressure to the administration.
* The Task Force worked with key elected officials to provide them with
information so they could write letters to Commerce Secretary Gary Locke and
the incoming director of the Census Bureau to advocate for change.
* The Task Force is part of a coalition of researchers and advocates
crafting a community education campaign to launch following the change of
policy.
* Tags = gay men gay news lesbian news transgender bisexual
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Original source : http://gay_blog.blogspot.com/2009/06/national-gay-…
2010 Census Will Count Same-Sex Couples In Reversal Of Bush Policy
U.S. Census Bureau officials said Friday that married same-sex couples will be counted as such in the 2010 national tally, reversing an earlier decision made under the Bush administration.
Steve Jost, a spokesman for the Census Bureau, said officials already were identifying the technical changes needed to ensure the reliability of the information, but remained committed to providing an accurate tally of gay spouses.
“They will be counted, and they ought to report the way they see themselves,” Jost said. “In the normal process of reports coming out after the census of 2010, I think the country will have a good data set on which to discuss this phenomenon that is evolving in this country.”
Same-sex couples could not get married anywhere in the United States during the last decennial count. But last summer, when two states sanctioned gay unions, the bureau said those legal marriages would go uncounted because the federal Defense of Marriage Act prevented the federal government from recognizing them.
See 2010 Census Will Count Same-Sex Couples In Reversal Of Bush Policy
* Tags = gay men gay news lesbian news transgender bisexual
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Future of feminism an issue in NOW leadership vote
(New York) After years on the defensive during the Bush administration, the National Organization for Women is elated to have a president sharing many of its goals. Yet NOW heads into its own leadership contest – a sharp contrast of age and race – mindful of the need to energize …
LGBT Legal And Advocacy Groups Decry Obama Administration’s Defense of DOMA
We disagree with many of the administration’s arguments, for example, that DOMA is a valid exercise of Congress’s power, is consistent with Equal Protection or Due Process principles, and does not impinge upon rights that are recognized as fundamental.
We are also extremely disturbed by a new and nonsensical argument the administration has advanced suggesting that the federal government needs to be “neutral” with regard to its treatment of married same-sex couples in order to ensure that federal tax money collected from across the country not be used to assist same-sex couples duly married by their home states. There is nothing “neutral” about the federal government’s discriminatory denial of fair treatment to married same-sex couples: DOMA wrongly bars the federal government from providing any of the over one thousand federal protections to the many thousands of couples who marry in six states. This notion of “neutrality” ignores the fact that while married same-sex couples pay their full share of income and social security taxes, they are prevented by DOMA from receiving the corresponding same benefits that married heterosexual taxpayers receive. It is the married same-sex couples, not heterosexuals in other parts of the country, who are financially and personally damaged in significant ways by DOMA. For the Obama administration to suggest otherwise simply departs from both mathematical and legal reality.
When President Obama was courting lesbian, gay, bisexual and transgender voters, he said that he believed that DOMA should be repealed. We ask him to live up to his emphatic campaign promises, to stop making false and damaging legal arguments, and immediately to introduce a bill to repeal DOMA and ensure that every married couple in America has the same access to federal protections.
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New Prop. 8 court challenge brings former legal rivals together
The California Supreme Court failed to protect gay couples’ fundamental right to marry when it upheld Proposition 8, forcing same-sex couples to appeal to the federal courts to remedy the injustice, two prominent lawyers said today in announcing a lawsuit on behalf of two gay couples.
Former U.S. Solicitor General Theodore Olson, a renowned conservative, and David Boies, who opposed Olson in Bush v. Gore in the 2000 fight over the presidential election, cast their collaborative effort to restore the right of gays to marry in California as a moral imperative to correct an injustice. Their suit seeks an immediate injunction on Prop. 8′s ban, thereby allowing same-sex marriages to resume while the case makes its way through the federal court system.
But Olson’s role in the gay rights mission prompted much speculation about his motives. The former Bush administration official, who lost his wife in the Sept. 11 terror attacks, conceded that the federal courts might not be ready to recognize sexual orientation as a class in need of protection from discrimination, but he said he hoped “that people don’t suspect my motives,” vowing to demonstrate his commitment to equal rights by winning the challenge.
Boies vouched for Olson as “committed in heart and soul to equality and committed in heart and soul to the Constitution.” See New Prop. 8 court challenge brings former legal rivals together Los Angeles Times * Tags = gay men gay news lesbian news transgender bisexual
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US Lawmakers Say Census Should Count Married Gay Couples
Gay U.S. representatives Tammy Baldwin of Wisconsin, Barney Frank of Massachusetts, and Jared Polis of Colorado along with 48 other congressional members sent a letter to Office of Management and Budget director Peter Orszag asking that the 2010 Census count same-sex married couples rather than altering their status.
Last year, the Bush administration — citing the Defense of Marriage Act, which prohibits the federal government from recognizing same-sex unions — announced that lawfully married same-sex couples who marked “married” on their census forms would have their status changed to “unmarried partners” in the final count. Now, congressional members are calling on Orszag to reverse course.
“We are deeply concerned about the implications of this policy for same-sex couples and for the integrity of the Census as a whole and firmly believe the [Census] Bureau’s primary objective should be to collect data and report it, not collect data and alter it,” the members said in their letter. See US Lawmakers Say Census Should Count Married Gay Couples
Advocate.com * Tags = gay men gay news lesbian news transgender bisexual
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Gay, HIV groups call for end of Bush health care rules
(Washington) A coalition of 38 LGBT and HIV advocacy groups is calling for the removal of an eleventh-hour Bush Administration expansion of federal rules prohibiting discrimination against health care workers on the basis of religion.
The groups, which include Lambda Legal and the National Coalition for LGBT …
GOP blasts Obama pot rule
(Washington) Sen. Chuck Grassley (R-Iowa) is taking aim at the Obama administration’s policy change over medical marijuana.
The Justice Department has announced it will target California’s medical marijuana distributors only if they violate both federal and state law.
That’s a break from the Bush administration, which targeted dispensaries under federal law even …
Obama to repeal Bush ‘provider conscience’ regulations
(Washington) The Obama administration is expected this week to begin the process of repealing so-called “provider conscience” regulations that could have been used to discriminate against gays, people with HIV/AIDS, and women seeking abortions.
The regulations, instituted in the last days of the Bush administration, strengthened job protections for doctors and …
