Gay marriage case will go to Supreme Court: attorney
The attorney representing two same-sex couples who were denied a right to wed in California said on Thursday he expected the case to end up before the U.S. Supreme Court, which has yet to hear a case on the gay marriage issue.
“When it does get to the United States Supreme Court, we expect to win,” Theodore Olson, who was solicitor general under former President George W. Bush, told reporters after the first hearing on federal lawsuit that was filed in May.
See
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Federal Judge Stresses Trial Record on Calif. Gay-Marriage Ban
Whatever Chief U.S. District Judge Vaughn Walker winds up deciding on Proposition 8, it’s clear he wants an airtight trial record to support it.
Holding his first hearing Thursday on the controversial measure that outlawed same-sex marriage, Walker repeatedly stressed the importance of establishing a record that will stand the test of time.
He told a packed courtroom that he was “reasonably sure” that the challenge launched by two high-profile litigators is “only touching down in this court” and merely a “prelude” for things to come.
“How we do things here,” Walker said, “is more important than what we do.”
He noted that other courts have rendered decisions on same-sex marriage without holding full trials, which he suggested was a “problem.”
Perry v. Schwarzenegger, 09-CV-2292, was filed in May by Theodore Olson, who represented George W. Bush in the landmark Bush v. Gore case, and David Boies, who represented Al Gore. Boies wasn’t present on Thursday. The suit attacks Prop 8 on equal protection and due process grounds.
Walker had already issued a tentative order allowing Prop 8 proponents to intervene and denying a preliminary injunction (pdf). He stood by both orders during Thursday’s 50-minute session.
Olson, a partner in Gibson, Dunn & Crutcher’s Washington, D.C., office who has argued before the U.S. Supreme Court 55 times, nonetheless made a fleeting attempt to persuade Walker to change his mind on the injunction.
“Every day that Prop 8 is enforced perpetuates a tragic injustice” on gays and lesbians, he argued, saying it “brands” them as “second-class citizens, unworthy and different.”
“The Supreme Court,” Olson argued, “has held again and again and again that the right to marry is the most important relationship in life.”
Representing the Prop 8 proponents, Washington attorney Charles Cooper, who was a top Justice Department lawyer during the Reagan administration, warned that the lawsuit could “sweep away” not only Prop 8, but the definition of marriage in 43 states and the federal government.
The Cooper & Kirk partner also argued that marriage has by tradition always been the union of a man and a woman, and said that every Supreme Court case that describes marriage has noted that its central purpose is procreation.
See Federal Judge Stresses Trial Record on Calif. Gay-Marriage Ban Above the Law
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Lowenstein: Judge orders speedy ruling on Prop 8 case
When Ted Olson and David Boies filed federal suit against Proposition 8 on behalf of their clients, the case was newsworthy for two main reasons. The two lawyers at the helm famously opposed each other in Bush v. Gore, and most of the national LGBT organizations were quick to distance …
Tags: Bush, David Boies, Federal Suit, Gore, Helm, Judge Orders, Lawyers, Lgbt Organizations, Lowenstein, Speedy, Ted OlsonDOJ 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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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.
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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
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Lawyers: Gay couples’ rights justify injunction San Jose Mercury New
SAN FRANCISCO—Two high-profile lawyers are arguing that any bureaucratic inconvenience caused by suspending California’s same-sex marriage ban is outweighed by the ongoing discrimination being suffered by gay and lesbian couples.
Theodore Olson and David Boies, who represented opposing sides in the 2000 presidential election challenge, Bush v. Gore, filed papers Thursday buttressing their argument that Proposition 8 should be lifted while a federal lawsuit challenging the voter-approved measure proceeds in court.
See Lawyers: Gay couples’ rights justify injunction
San Jose Mercury New
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Federal gay marriage challenge has Hollywood style Reuters
The story of two famous U.S. lawyers from opposite ends of the political spectrum banding together to launch a bold and unexpected fight for gay marriage sounds like it could have been written in Hollywood.
In many ways, it is.
A handful of political filmmakers led by a Democratic consultant have crafted a gay rights challenge they hope will reach the U.S. Supreme Court.
The case which has its first hearing in a federal San Francisco court on July 2 could quickly make gay marriage a national right, or, some veteran gay rights advocates fear, cripple the movement.
The team has political experience, winning referenda in California in particular, and has brought together real-world firepower in the form of Ted Olson and David Boies, the lawyers who faced off in the 2000 election vote recount that led to George W. Bush’s presidency.
What sets them apart is the willingness to take on a court case that advocates steeped in the cause have avoided.
“Patience is a virtue I’ve quite frankly never possessed — if patience is a virtue,” said Chad Griffin, 35, who began his career in the political big leagues more than a decade ago as the youngest person to work on a president’s West Wing staff.
“History is on our side, law is on our side,” added Griffin, who is gay.
Rob Reiner, the “When Harry Met Sally” director and advocate for children’s health, and Bruce Cohen, the producer of “Milk,” a film about the first openly gay elected politician in California, are two of the six-member board of the American Foundation for Equal Rights, founded for the court challenge.
See Federal gay marriage challenge has Hollywood style
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Bush State Department Ignored Iraqi Gay Murders Gay City News
As concern over the killings of gay Iraqis grew in 2006 and 2007, the US Department of State appears to have done little more than develop media talking points and squabble over who at that agency should handle press interviews.
“[I]t is outrageous to see that by walking away from their responsibility to further investigate, document, and then ultimately discuss the human rights abuses with the Iraqi government, the US government missed a great opportunity to prevent the mass-scale attacks against LGBT community, which happened earlier this year in Iraq,” wrote Hossein Alizadeh, regional coordinator for Middle East and North Africa at the International Gay & Lesbian Human Rights Commission (IGLHRC), in an email.
Writing in Gay City News, Doug Ireland first broke the story in March of 2006 that Iraqi gays were being killed by death squads. Ireland and other gay press outlets continued covering the story in 2006 and into 2007, with the mainstream press offering occasional stories. The killings and the gay press reports on them have continued into 2009.
In September 2007 –– nearly two years ago –– Gay City News sent a Freedom of Information request to the State Department that sought all records “that relate to or identify homicides, assaults, or other violent acts committed against homosexual persons in Iraq.”
On May 26 of this year, the department responded, releasing two documents, totaling nine pages, that represent all the records that agency compiled from March 1, 2003, roughly the start of the Iraq War, through the date of the records request. No documents were withheld and only a small portion of the released documents was blacked out. See Bush State Department Ignored Iraqi Gay Murders
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Obama Admin References Incest, Child Rape in DOMA Defense
Obama defends DOMA in federal court. Says banning gay marriage is good for the federal budget. Invokes incest and marrying children.
At AMERICABlogs, John Aravosis writes:
“despicable, and gratuitously homophobic. It reads as if it were written by one of George Bush’s top political appointees. I cannot state strongly enough how damaging this brief is to us. Obama didn’t just argue a technicality about the case, he argued that DOMA is reasonable. That DOMA is constitutional. That DOMA wasn’t motivated by any anti-gay animus. He argued why our Supreme Court victories in Roemer and Lawrence shouldn’t be interpreted to give us rights in any other area (which hurts us in countless other cases and battles). He argued that DOMA doesn’t discriminate against us because it also discriminates about straight unmarried couples (ignoring the fact that they can get married and we can’t).He actually argued that the courts shouldn’t consider Loving v. Virginia, the miscegenation case in which the Supreme Court ruled that it is unconstitutional to ban interracial marriages, when looking at gay civil rights cases. He told the court, in essence, that blacks deserve more civil rights than gays, that our civil rights are not on the same level.”
See Obama Admin Defends Federal Gay Marriage Ban In Court Filing
References Incest, Child Rape… DOJ Defends
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