California Court of Appeal Affirms Right of Transgender Individuals Living Out-of-State to Change California Birth Certificates
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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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Rights groups gird for continued Prop 8 fight
(San Francisco, California) While the California Supreme Court considers a ruling in the constitutional challenge to Proposition 8, LGBT rights groups are not waiting for a favorable decision.
Equality California, the state’s largest LGBT civil rights organization, has hired Marc Solomon to lead its marriage equality division. Solomon was the founder …
Rights groups gird for continued Prop 8 fight
(San Francisco, California) While the California Supreme Court considers a ruling in the constitutional challenge to Proposition 8, LGBT rights groups are not waiting for a favorable decision.
Equality California, the state’s largest LGBT civil rights organization, has hired Marc Solomon to lead its marriage equality division. Solomon was the founder …
Some fear anti-gay words will lead to anti-gay sticks and stones
Sen. Chris Buttars called gay activists “the meanest buggers” and alleged they have no morals. America Forever, in full-page newspaper ads, compared gay men and lesbians to “druggies” and “hookers.”
Just words. No sticks. No stones. But such talk does hurt. It can leave emotional scars and, some observers warn, inspire others to inflict physical ones.
Utah hit a national “hate watch” list twice in recent weeks for headline-grabbing onslaughts of anti-gay rhetoric.
“It’s not the kind of America we want,” said Heidi Beirich, spokeswoman for the Southern Poverty Law Center in Montgomery, Ala. “You can have a difference of opinion over somebody’s lifestyle but to put them in a position of threat — that’s going too far.”
The national civil rights organization monitors hate groups, such as white supremacists, and publishes “Hatewatch,” a newsletter and blog that spotlighted the comments from Buttars, R-West Jordan, and America Forever.
“The kinds of things they’re saying,” Beirich said, “can give credence to others who would like to take their actions further than speech, into the realm of violence.”
The FBI reports that in 2007, the most recent year of available data, Utah had nine hate crimes motivated by sexual orientation bias.
Not that those who oppose gay rights mean to incite violence.
See Some fear anti-gay words will lead to anti-gay sticks and stones
Salt Lake Tribune -
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Illinois Mormons against civil unions?
Gay rights advocates fear that Mormons in Nauvoo might try to undermine civil unions up for debate in Springfield today. They point to the church’s overwhelming financial support of California’s Proposition 8, the successful ballot measure that made it illegal for lesbian and gay couples to marry.
The Human Rights Campaign, the nation’s largest lesbian, gay, bisexual and transgender civil rights organization, accused the Latter-day Saints of sending a private e-mail to Illinois members, urging them to contact state legislators and voice opposition to the Illinois Religious Freedom Protection and Civil Union Act, a bill that would define “civil union” as a legal relationship between two persons, of either the same or opposite sex. It would also entitle both parties of a civil union to the same legal obligations, responsibilities, protections, and benefits afforded to spouses.
The bill has been scheduled for a hearing in the Illinois House of Representatives Youth and Family Committee today. If the bill is voted out of committee, it becomes eligible for a vote before the full Illinois House of Representatives.
But Kim Farah, a spokeswoman for the national church, said the e-mail was not part of a church wide opposition campaign. The church’s engagement with political causes is evaluated on a case-by-case basis. It is unclear if the Illinois legislation would violate church doctrine as interpreted by Latter-day Saints.
“As is widely known, The Church of Jesus Christ of Latter-day Saints believes in the sanctity of traditional marriage,” she said in a statement. “The Church has not taken a position on any legislation currently being considered by the Illinois State Legislature … An e-mail was sent from a local Illinois Church leader to his congregation – one of 129 congregations in the state — who was free to express his own views.”
The e-mail in question was sent to at least one Mormon ward in Illinois and authorized by Bishop Chris Church of Nauvoo.
The message warns recipients that the legislation would “empower the public schools to begin teaching this lifestyle to our young children regardless of parental requests otherwise.”
MORE @ The Seeker – Chicago Tribune Blog
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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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Attorneys Urge California Supreme Court To Invalidate Prop 8
(San Francisco, CA, March 5, 2009) Attorneys for same-sex couples, civil rights organizations and the state Attorney General’s office appeared before the California Supreme Court today to urge the court to strike down Proposition 8, which took away the right of same-sex couples the right to marry. At issue in the case is whether the ballot initiative process can be used to take away a fundamental right only for one group of Californians based on a trait – in this case sexual orientation – that has no relevance to the group’s ability to participate in or contribute to society. Because the case has serious implications for the constitutional rights of all Californians, it has generated unprecedented support from many national and state civil rights groups as well as California legislators, local governments, bar associations, business interests, labor unions, and religious groups. The California Supreme Court, which has struck down several other initiatives in the past, is expected to issue a decision within 90 days.
“Proposition 8 jeopardizes not just the right of same-sex couples to marry, but the rights of all Californians to be treated as free and equal citizens of this state,” said Shannon P. Minter, Legal Director of the National Center for Lesbian Rights (NCLR), who argued the case before the Court. “Our Constitution is based on the principle that majorities must respect minority rights. But if a majority can change the Constitution to take away a fundamental right from one group, then it can take away fundamental rights from any group. Our government will have changed from one that respects minority rights to one in which the power of the majority is unlimited.”
NCLR, Lambda Legal, and the ACLU filed the legal challenge on November 5, after Proposition 8 was approved by just 52 percent of the voters on Election Day. In court today, the groups argued that it was improper for the proponents of Proposition 8 to use the ballot initiative process to strip same-sex couples of the fundamental right to marry. The groups contend that changes to the Constitution that alter its core requirement of equal protection by selectively depriving minorities of fundamental constitutional rights cannot be accomplished through a simple majority vote. Such major changes of core structural principles are revisions to the Constitution that can only be put on the ballot by a two-thirds vote of both houses of the legislature.
“It is simply wrong—legally and socially—to short-circuit the California Constitution and its equal protection guarantees,” said Jennifer C. Pizer, Marriage Project Director for Lambda Legal and co-counsel in the legal challenge to Proposition 8. “Proposition 8 is no ‘garden variety’ amendment that changes a tax or zoning or safety rule in a way that affects everyone equally. This is a radical attempt to strip a cherished constitutional right from just one targeted minority group and then to stop the courts from doing their most basic job of upholding the constitutional promise of ‘liberty and justice for all’.”
The case before the court is unprecedented because no other initiative-amendment has successfully taken away a fundamental right only for a particular minority. Because Proposition 8 would, for the first time, change the Constitution in a way that strips a minority group of its constitutional right to equal treatment under the law, California Attorney General Jerry Brown agrees that Proposition 8 should be struck down. The Attorney General’s office argued that the right to marry is an “inalienable right” that can not be selectively eliminated from one group without compelling reasons.
“The Court has a solemn responsibility to enforce our state constitution and to protect the rights of all people, regardless of popular opinion,” said Elizabeth Gill, a staff attorney with the ACLU of Northern California. “This case isn’t just about marriage, and it’s certainly not just about gay and lesbian couples. If the Court strikes down Proposition 8, it will be protecting the civil rights of all Californians.”
An unprecedented 43 friend-of-the-court briefs, representing hundreds of religious organizations, civil rights groups, and labor unions, and numerous California municipal governments, bar associations, and leading legal scholars, were filed in the case, urging the court to strike down the initiative. Because the issues at stake have such important implications for other minority groups, Raymond Marshall of Bingham McCutchen, who represents the Asian Pacific American Legal Center, the California State Conference of the NAACP, the Equal Justice Society, the Mexican American Legal Defense and Educational Fund, and the NAACP Legal Defense and Educational Fund, asked and was given permission to appear in court today. He argued that allowing Proposition 8 to stand could be detrimental to other minority groups who could easily become the targets of initiative campaigns seeking to take away their rights.
“Our state Constitution was created to ensure equal treatment under the law for every Californian,” said Geoff Kors, Executive Director of Equality California. “Prop 8 changes that fact by taking away a fundamental freedom from one particular group and mandating government discrimination against a minority. We hope the court upholds the Constitution’s promise of equality.”
The National Center for Lesbian Rights, Lambda Legal, and the ACLU are representing Equality California, whose members include many same-sex couples who married between June 16 and November 4, 2008, and six same-sex couples who want to marry in California. The arguments today also included two other challenges filed on the same day: one filed by the City and County of San Francisco (joined by Santa Clara County and the City of Los Angeles, and subsequently by Los Angeles County and other local governments); and another filed by a private attorney.
Serving as co-counsel on the case with NCLR, Lambda Legal, and the ACLU are the Law Office of David C. Codell, Munger, Tolles & Olson LLP, and Orrick, Herrington & Sutcliffe LLP.
The case is Strauss et al. v. Horton et al. (#S168047). For more information, go to: http://www.courtinfo.ca.gov/courts/supreme/highprofile/prop8.htm
The California Supreme Court must issue its decisions within 90 days of oral argument.
* Tags = gay men gay news lesbian news transgender bisexual
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Legal Groups, City of West Hollywood to Host Viewing of Oral Arguments in Proposition 8 Challenge
(West Hollywood, March 2, 2008) — Lambda Legal, the L.A. Gay & Lesbian Center, the American Civil Liberties Union, the National Center for Lesbian Rights and the City of West Hollywood will host a viewing of oral arguments in the Proposition 8 legal challenge on Thursday, March 5, 2009 at West Hollywood Auditorium, followed by a press conference…
Attorneys for same-sex couples, civil rights organizations and the state Attorney General’s office will appear before the California Supreme Court on March 5 to urge the court to strike down Proposition 8. At issue in the case is whether the initiative process can be used to strip lesbian and gay couples of equal treatment under the law by taking away their fundamental right to marry. Because the case has serious implications for any minority group, it has generated unprecedented support from many national and state civil rights groups as well as California legislators, local governments, bar associations, business interests, labor unions, and religious groups.
Community leaders and other members of the public, along with attorneys for the groups challenging Proposition 8, will be available for interview at the viewing of the oral arguments, which will be televised live. Following oral arguments, attorneys as well as representatives of friends of the court groups will hold a news conference at the auditorium to give their reaction to the day’s events and put them into perspective.
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On Valentine’s Day, Binational Gay and Lesbian Couples Struggle to Stay Together
WASHINGTON, D.C. – Immigration Equality, the national group aimed at ending anti-LGBT discrimination in immigration law, and the Human Rights Campaign, the nation’s largest lesbian, gay, bisexual and transgender civil rights organization, lauded today’s introduction of the Uniting American Families Act. The bill, sponsored by Rep. Jerrold Nadler (D-NY) and Sen. Patrick Leahy (D-VT), will provide lesbian and gay Americans the same opportunity as different-sex couples to sponsor their partner for immigration purposes. During a media conference call, Rep. Nadler joined Immigration Equality Executive Director Rachel B. Tiven, HRC President Joe Solmonese, and Mexican American Legal Defense and Educational Fund Legislative Staff Attorney John Amaya to discuss the importance of this legislation, along with two binational couples who face the prospect of being forcibly separated under existing immigration laws.
“It should be an outrage to all Americans that our government continues to deny one set of citizens the fundamental rights enjoyed by the rest of its citizens,” said Rep. Nadler. “It is time that we as a society finally acknowledge that a committed, loving family is a committed, loving family, no matter whether a couple is gay or straight. It makes no difference. We should be encouraging and rewarding stable families rather than sweeping them into the margins. We must now pass UAFA, the Uniting American Families Act, and grant gay and lesbian binational families the same legal protections—and the same human dignity—as other Americans.”
“Like many people across the country, there are Vermonters whose partners are foreign nationals and who feel abandoned by our laws in this area. The promotion of family unity has long been part of federal immigration policy, and we should honor that principle by providing all Americans the opportunity to be with their loved ones. I hope all Senators will join me in supporting equality for all Americans and their loved ones,” said Sen. Leahy.
Under U.S. immigration law, U.S. citizens and legal permanent residents may sponsor their spouses for immigration purposes. But gay and lesbian Americans are not afforded this basic right. Consequently, many binational gay and lesbian couples are kept or torn apart. The Uniting American Families Act would allow U.S. citizens and permanent residents to sponsor their same-sex partners for family-based immigration by meeting the same standard as different-sex couples. The bill would impose harsh penalties for fraud, including up to five years in prison and as much as $250,000 in fines.
“This Valentine’s Day, thousands of gay and lesbian Americans who have fallen in love across borders must grapple with an impossible choice between being with the person they love and staying in their country,” said Immigration Equality Executive Director Rachel B. Tiven. “These couples simply want the same opportunity to prove that their families deserve to stay together.”
“For far too long, our elected officials have ignored the devastating real-life consequences that current immigration policies have had on thousands of gay and lesbian couples in loving, committed relationships,” said Human Rights Campaign President Joe Solmonese. “We thank Representative Nadler and Senator Leahy for their leadership to ensure that these couples are treated equally under the law. We commend Immigration Equality for their continued leadership in fighting this unjust policy.”
This inequality affects more than 36,000 gay and lesbian Americans, according to the 2000 Census and research commissioned by Immigration Equality and conducted by Gary Gates of the Williams Institute at the University of California, Los Angeles.
Audio of the call held today can be accessed at http://www.immigrationequality.org/blog/ and http://www.hrcbackstory.org.
Immigration Equality is the only national organization devoted to fighting for equal treatment under U.S. immigration law for lesbian, gay, bisexual, transgender and HIV-positive immigrants and their families and to winning asylum for LGBT and HIV-positive people fleeing persecution.
The Human Rights Campaign is America’s largest civil rights organization working to achieve lesbian, gay, bisexual and transgender equality. By inspiring and engaging all Americans, HRC strives to end discrimination against LGBT citizens and realize a nation that achieves fundamental fairness and equality for all.
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BNY Mellon Named One of Best Places to Work for LGBT Equality
NEW YORK, MY — The Bank of New York Mellon, (NYSE:BK) the global leader in asset management and securities servicing, has been named one of the “Best Places to Work for LGBT Equality” by the Human Rights Campaign (HRC) Foundation.
The “Best Places to Work for LGBT Equality” distinction is awarded to businesses that scored 100% on the HRC Foundation’s 2009 Corporate Equality Index, the primary method for businesses to benchmark and evaluate their policies, practices and diversity efforts relating to lesbian, gay, bisexual and transgender (LGBT) workers. The index evaluates non-discrimination policies, benefits, diversity training and other internal resources for LGBT workers, as well as external support for LGBT consumers and job seekers.
“We’re committed to ensuring every employee in our company has an opportunity to contribute and excel, and I’m thrilled that this is being recognized,” said Robert P. Kelly, chairman and chief executive officer of The Bank of New York Mellon.
“Our company has made great strides in our ability to attract and support LGBT employees,” said Bruce Miller, an executive vice president and global sales coordinator and is co-chair of the company’s Prism affinity network. Prism strives to promote a workplace in which all LGBT employees are fully included in corporate life. “In recent years, Prism membership has grown from approximately 100 members to nearly 525 worldwide today. Prism members are becoming more visible in the company, viewing The Bank of New York Mellon as a place where employees are embraced for their talents and contributions.”
Prism is co-chaired by Denise Beckman, a vice president in Asset Servicing Technology.
The Human Rights Campaign Foundation is the United States’ largest civil rights organization working to achieve LGBT equality. A complete list of the honored businesses is available online: www.hrc.org/placestowork.
The Bank of New York Mellon Corporation is a global financial services company focused on helping clients manage and service their financial assets, operating in 34 countries and serving more than 100 markets. The company is a leading provider of financial services for institutions, corporations and high-net-worth individuals, providing superior asset management and wealth management, asset servicing, issuer services, clearing services and treasury services through a worldwide client-focused team. It has $20.2 trillion in assets under custody and administration, $928 billion in assets under management and services more than $11 trillion in outstanding debt. Additional information is available at www.bnymellon.com.
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