Ammiano Introduces LGBT Prisoner Safety Act in California Assembly
Sacramento – The LGBT Prisoner Safety Act, AB 382, was introduced in the California State Assembly this week by Assemblymember Tom Ammiano (D – San Francisco). The bill, sponsored by Equality California (EQCA), is designed to prevent violence against lesbian, gay, bisexual, and transgender (LGBT) people in the state prison system. According to a recent study from the Cali¬fornia Department of Corrections and Re¬habilitation, 67 percent of LGBT inmates report being sexually assaulted by another inmate, a rate 15 times higher than the overall prison population.
“All Californians deserve protection from violence,” said Geoff Kors, EQCA Executive Director. “This bill seeks to end abuse and assault against LGBT prisoners, ensuring they receive equal and fair protection under the law.”
The legislation promotes safety for and prevents abuse and assault against LGBT people in the prison system by adding sexual orientation and gender identity to the current list of factors that should be considered when classifying and housing prisoners. The current list of factors includes age, gender, type of offense, and prior time served.
“All people deserve basic protections – including those serving time in our state prisons,” Assemblymember Ammiano said upon introducing the bill. “No prisoner should fear for his or her life or be the target of abuse because of his or her sexual orientation or gender identity.”
The bill was developed as a direct result of a Senate Public Safety Committee meeting held in San Francisco this past December and chaired by Senator and former Majority Leader Gloria Romero (D-Los Angeles). The meeting, which was sponsored by EQCA along with Just Detention International, the Transgender Law Center, National Center for Lesbian Rights, and the Transgender Gender-Variant and Intersex Justice Project, exposed the dire issues facing LGBT people in California prisons in order to produce concrete solutions.
EQCA works to achieve equality and secure legal protections for LGBT people. To improve the lives of LGBT Californians, EQCA sponsors legislation and coordinates efforts to ensure its passage, lobbies legislators and other policy makers, builds coalitions, develops community strength and empowers individuals and other organizations to engage in the political process. www.eqca.org
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Original source : http://gay_blog.blogspot.com/2009/02/ammiano-intro…
Equality California to Bring Over 2,000 Californians to Sacramento for Lobby Day to Support the Invalidation of Prop 8
Equality California is sponsoring Lobby Day where a diverse group of volunteers and activists will urge legislators to support Equality California-sponsored companion resolutions SR 7 (Leno) and HR 5 (Ammiano), in the State Senate and Assembly. The resolutions would put the legislature on record as opposing Prop 8 as an invalid revision to the California Constitution. More than 2,000 volunteers have already registered to participate.
When: Tuesday, February 17, 9 a.m. to 4 p.m.
10:30 a.m.: Assembly judiciary committee hearing on HR 5
12:15 p.m. Rally
12:30 p.m. Senate Judiciary hearing on SR 7
1-4 p.m.: lobby visits
Where: California State Capitol, 10th Street and Capitol Mall, Sacramento, CA 95814
Who: Lobby day will bring together diverse civil rights and faith leaders, community members and allies from across the state and a number of elected officials, including Senator Mark Leno (D-San Francisco), Senator Christine Kehoe (D-San Diego), Senator Gloria Romero (D-Los Angeles), State Assemblymember John A. Pérez (D-Los Angeles) Assemblymember Tom Ammiano (D-San Francisco), and Assemblymember Bonnie Lowenthal (D-Long Beach).
Lobby Day will follow a series of coordinated actions supporting marriage for same-sex couples over President’s Day weekend. On Monday, February 16, EQCA will also co-sponsor a rally with Equality Action NOW, Marriage Equality USA, and California Outreach at the Capitol.
EQCA works to achieve equality and secure legal protections for LGBT people. To improve the lives of LGBT Californians, EQCA sponsors legislation and coordinates efforts to ensure its passage, lobbies legislators and other policy makers, builds coalitions, develops community strength and empowers individuals and other organizations to engage in the political process. www.eqca.org
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Original source : http://gay_blog.blogspot.com/2009/02/equality-cali…
Equality California Remembers Lawrence King One Year after the Teen’s Shooting Death
SAN FRANCISCO – Equality California honors and remembers the life of Lawrence King, a gay junior high school student from Oxnard, CA, who was shot in the head one-year-ago by his classmate at E.O. Green Junior High School. The 15-year-old died of his injuries last February 13.
Brandon McInerney, King’s shooter, is being tried on first-degree murder and a hate crimes charge. According to reports from friends of Lawrence King, who self-identified as gay, King sometimes wore make-up and feminine jewelry and was the target of ridicule by some of his classmates.
Last year, EQCA sponsored AB 3015 (Brownley), the Foster Youth School Education Act, which was introduced to better protect LGBT foster youth like Larry from violence at school and was signed into law by Governor Schwarzenegger.
“As we remember the tragic, senseless killing of Lawrence King, we must continue to take the appropriate steps to ensure that no one else becomes a victim to homophobia in our schools,” said Geoff Kors, executive director for Equality California. “On the anniversary of this tragedy, we stand committed to defending safe schools laws that EQCA lobbied to enact to prevent any young person from being bullied, harassed or worse because of their sexual orientation or gender identity and expression.”
Equality California-sponsored legislation, the Student’s Civil Rights Act, SB 777 (Kuehl), which was implemented in 2008 and reinforces existing prohibitions of discrimination in publicly funded schools and activities, including discrimination based on religion, race, disability, gender and sexual orientation, has been challenged by a failed referendum and an ongoing federal lawsuit.
EQCA works to achieve equality and secure legal protections for LGBT people. To improve the lives of LGBT Californians, EQCA sponsors legislation and coordinates efforts to ensure its passage, lobbies legislators and other policy makers, builds coalitions, develops community strength and empowers individuals and other organizations to engage in the political process. www.eqca.org
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Original source : http://gay_blog.blogspot.com/2009/02/equality-cali…
EQCA Sponsors Lobby Day Urging Invalidation of Proposition 8
Equality California will sponsor a lobby day where participants will urge legislators to support companion resolutions, SR 7 (Leno) and HR 5 (Ammiano), in the State Senate and Assembly that would put the legislature on record as opposing Proposition 8 as an invalid revision to the California Constitution. More than 1,000 people have already registered to participate. The day is set for Tuesday, February 17. Rally at 12:15 p.m. and lobby visits from 1 to 4 p.m. at the California State Capitol.
Lobby day will bring together diverse civil rights and faith leaders, community members and allies from across the state and a number of elected officials, including Senator Mark Leno (D-San Francisco), Senator Christine Kehoe (D-San Diego), Senator Gloria Romero (D-Los Angeles), State Assemblymember John A. Pérez (D-Los Angeles) Assemblymember Tom Ammiano (D-San Francisco), and Assemblymember Bonnie Lowenthal (D-Long Beach).
Lobby Day will follow a series of coordinated actions supporting marriage for same-sex couples over President’s Day weekend. On Monday, February 16, EQCA will also co-sponsor a rally with Equality Action NOW, Marriage Equality USA, and California Outreach at the Capitol.
The lobby day is free and open to all who support equality. Each participant will receive lobbying training, advocacy materials and will be assigned to an experienced team leader before heading off to meetings at the Capitol. Participants can register online at: http://www.eqca.org/2009lobbyday.
EQCA works to achieve equality and secure legal protections for LGBT people. To improve the lives of LGBT Californians, EQCA sponsors legislation and coordinates efforts to ensure its passage, lobbies legislators and other policy makers, builds coalitions, develops community strength and empowers individuals and other organizations to engage in the political process. www.eqca.org
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Original source : http://gay_blog.blogspot.com/2009/02/eqca-sponsors…
California Supreme Court to Hear Oral Arguments in Prop 8 Legal Challenge on March 5
Attorney General, Governor, and nation’s top civil rights groups agree: Invalidate Prop 8
(San Francisco, CA, February 3, 2009) The California Supreme Court announced today that it will hear oral arguments on Thursday, March 5, 2009 in the Proposition 8 legal challenge. The National Center for Lesbian Rights, Lambda Legal, and the ACLU—with support from civil rights groups, religious organizations, labor unions, and legal scholars—argue that Proposition 8 is invalid because the people of California have established strict safeguards that prohibit the underlying principles of the California Constitution from being changed by a simple majority vote. By taking away a right only from one group, Proposition 8 violates the most basic principle of our government: that all people are entitled to equal treatment under the law.
California Attorney General Jerry Brown is also asking the Court to invalidate Proposition 8 on the ground that certain fundamental rights, including the right to marry, are inalienable and can not be put up for a popular vote.
On November 10, 2008, Governor Arnold Schwarzenegger stated that he hoped the Court would overturn Proposition 8. On CNN, he said of Proposition 8′s passage, “It’s unfortunate, obviously, but it’s not the end, I think that we will again maybe undo that, if the court is willing to do that, and then move forward from there and again lead in that area.”
On November 19, 2008, the California Supreme Court agreed to hear the legal challenges to Proposition 8 and set an expedited schedule. Briefing in the case was completed on January 21, 2009.
The California Supreme Court must issue its decisions within 90 days of oral argument.
On January 15, 2009, 43 friend-of-the-court briefs urging the Court to invalidate Prop 8 were filed, arguing that Proposition 8 drastically alters the equal protection guarantee in California’s Constitution and that the rights of a minority cannot be eliminated by a simple majority vote. The supporters represent the full gamut of California’s and the nation’s civil rights organizations and legal scholars, as well as California legislators, local governments, bar associations, business interests, labor unions, and religious groups.
In May of 2008, the California Supreme Court held that laws that treat people differently based on their sexual orientation violate the equal protection clause of the California Constitution and that same-sex couples have the same fundamental right to marry as other Californians. Proposition 8 eliminated this fundamental right only for same-sex couples. No other initiative has ever successfully changed the California Constitution to take away a right only from a targeted minority group. Proposition 8 passed by a bare majority of 52 percent on November 4.
The National Center for Lesbian Rights, Lambda Legal, and the ACLU filed this challenge on November 5, 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 California Supreme Court has also agreed to hear 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
EQCA works to achieve equality and secure legal protections for LGBT people. To improve the lives of LGBT Californians, EQCA sponsors legislation and coordinates efforts to ensure its passage, lobbies legislators and other policy makers, builds coalitions, develops community strength and empowers individuals and other organizations to engage in the political process. www.eqca.org
The National Center for Lesbian Rights is a national legal organization committed to advancing the civil and human rights of lesbian, gay, bisexual, and transgender people and their families through litigation, public policy advocacy, and public education. www.nclrights.org/overturn8
Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and those with HIV through impact litigation, education and public policy work. www.lambdalegal.org
The American Civil Liberties Union is America’s foremost advocate of individual rights. It fights discrimination and moves public opinion on LGBT rights through the courts, legislatures and public education. www.aclu.org
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Original source : http://gay_blog.blogspot.com/2009/02/california-su…
Kevin de León Introduces Bill Would Allow Unmarried Same-Sex Couples to Avoid Property Tax Increases Upon the Death of a Loved One
SACRAMENTO—Assembly Member Kevin de León (D-Los Angeles), Chair of the Assembly Appropriations Committee, introduced Assembly Bill 103 today, which would allow two people, including same-sex couples, who co-own a home together to avoid an unfair property tax increase upon the death of one of the co-owners. The bill is nearly identical to an EQCA-sponsored measure that passed the legislature last year but was vetoed by Governor Arnold Schwarzenegger.
Under existing law, whenever there is a change in home ownership the home is reassessed at its current market-price value, and the new owner must pay property taxes based on that value. Individuals are excluded from this law if they are the spouse, domestic partner, or relative of the deceased. However, this exclusion does not protect co-tenants who are unmarried or unrelated, making same-sex couples particularly vulnerable to losing their homes when a partner dies. AB 103 would protect unmarried couples from the unfair burden of increased taxation when one partner takes over property ownership.
“Without this legislation, surviving partners are subject to unfair property tax reassessments that could force them out of the home they have lived in for years, if not decades,” said EQCA Executive Director Geoff Kors. “This situation is especially tragic for lesbian, gay, bisexual, transgender seniors who may not have retirement plans or supportive family members to rely on in times of need. This difficult economy and the high foreclosure rate make matters even worse,” Kors said.
“This is an important step to protect unmarried individuals when they are most vulnerable, after a loved one dies,” stated Assembly Member de León. “Without this legislation surviving partners are faced with the unfair burden of increased taxes on their homes, forcing some people to have to give them up. That is an appalling situation; people who live together and are unmarried, whether by choice or because of the law, should be treated equally to married couples.”
Board of Equalization Vice Chairwoman Betty T. Yee stated, “I applaud Mr. de León and Equality California for championing this important measure. It acknowledges the true diversity of families and households in California and will keep homeowners, particularly elderly individuals, in their homes when their co-owner dies.”
To qualify for the exemption, the bill will require that co-tenants have lived together in the home for at least one year. The bill next moves to the Assembly Rules Committee and will be heard in a policy committee in early Spring.
EQCA works to achieve equality and secure legal protections for LGBT people. To improve the lives of LGBT Californians, EQCA sponsors legislation and coordinates efforts to ensure its passage, lobbies legislators and other policy makers, builds coalitions, develops community strength and empowers individuals and other organizations to engage in the political process. www.eqca.org
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Original source : http://gay_blog.blogspot.com/2009/01/kevin-de-len-…
Equality California Calls Prop 8 Proponents’ New Lawsuit Hypocritical
Sacramento — Proponents of Proposition 8 today filed a lawsuit in federal court asking that a California campaign finance disclosure law passed by the voters be invalidated.
Statement from Equality California Executive Director Geoff Kors in response to the lawsuit:
“This lawsuit could not be more hypocritical. During the Proposition 8 campaign, the very same groups who filed this legal challenge sent menacing letters to Equality California’s donors, as well as corporations, labor unions, and individuals who stood up to discrimination and supported the NO on 8 Campaign. Now they are calling themselves the victims. What’s more, these groups are arguing on the one hand that voter initiatives like Prop 8 should never be overturned by courts. On the other, they are asking a federal court to void a campaign reform law that was passed by voter initiative in California. They are asking that donations to Yes on 8 and only Yes on 8, even if illegal, be hidden from the public. This leads us to wonder what they have to hide?”
EQCA works to achieve equality and secure legal protections for LGBT people. To improve the lives of LGBT Californians, EQCA sponsors legislation and coordinates efforts to ensure its passage, lobbies legislators and other policy makers, builds coalitions, develops community strength and empowers individuals and other organizations to engage in the political process. www.eqca.org
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Original source : http://gay_blog.blogspot.com/2009/01/equality-cali…
NEW FILING IN PROP 8 LEGAL CHALLENGE: Reply brief reiterates that Prop 8 should be struck down
(San Francisco, California, January 5, 2009) — Today, the National Center for Lesbian Rights (NCLR), the American Civil Liberties Union (ACLU), and Lambda Legal filed a reply brief in the California Supreme Court, the next step in the lawsuit seeking to overturn Proposition 8, which passed by a mere 52 percent on November 4. The brief argues that Proposition 8 is invalid because it seeks to eliminate a fundamental right only for a targeted minority, which cannot be done through the initiative process. The brief also agrees with California Attorney General Jerry Brown that certain fundamental rights, including the right to marry, are inalienable and can not be put up for a popular vote. The brief also argues —again in agreement with the Attorney General — that Proposition 8 cannot be applied to invalidate existing marriages because new laws and amendments are presumed to apply only on a prospective basis. “If Prop 8 is permitted to stand, it would be the first time an initiative has successfully been used to change the California Constitution to take away an existing right only from a historically targeted minority group,” said NCLR Legal Director Shannon Minter. “Such a change would defeat the very purpose of a constitution and fundamentally alter the role of the courts in protecting minority rights.” On November 19, 2008, the California Supreme Court granted review in the legal challenges to Proposition 8, and established an expedited briefing schedule, under which briefing will be completed in January 2009, with amicus curiae or “friend-of-the-court” briefs due on January 15. Oral argument potentially could be held as early as March 2009. Elizabeth Gill, a staff attorney with the ACLU, added “Prop 8 is a radical and unprecedented change to the California Constitution that puts all Californians at risk. It actually mandates government discrimination against a minority.” In May of 2008, the California Supreme Court held that laws that treat people differently based on their sexual orientation violate the equal protection clause of the California Constitution and that same-sex couples have the same fundamental right to marry as other Californians. Proposition 8 would completely eliminate this fundamental right only for same-sex couples. No other initiative has ever successfully changed the California Constitution to take away a right only from a targeted minority group. “Prop 8 is not valid and never has been,” said Jennifer Pizer, Lambda Legal National Marriage Project Director. “California’s Equal Protection clause was not written in sand, to be erased by shifting political tides. It’s a solid guarantee that we all have the same rights and it’s the foundation of our government. Exceptions can’t be carved by simple majority vote or the equality guarantee becomes a discrimination guarantee. No initiative can cause such a profound change in our legal system.” NCLR, Lambda Legal, and the ACLU filed this challenge on November 5, 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 California Supreme Court has also agreed to hear 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. These three cases are jointly under review by the California Supreme Court. 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. For more information on this case, go to: http://www.courtinfo.ca.gov/courts/supreme/highprofile/prop8.htm ### The National Center for Lesbian Rights is a national legal organization committed to advancing the civil and human rights of lesbian, gay, bisexual, and transgender people and their families through litigation, public policy advocacy, and public education. www.nclrights.org Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and those with HIV through impact litigation, education and public policy work. www.lambdalegal.org
The American Civil Liberties Union is America’s foremost advocate of individual rights. It fights discrimination and moves public opinion on LGBT rights through the courts, legislatures and public education. www.aclu.org
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Original source : http://gay_blog.blogspot.com/2009/01/new-filing-in…
Equality California Denounces Selection of Rick Warren to Give Invocation at Presidential Inauguration
Executive Director Calls President-elect’s choice “appalling”, Asks Members to Take Action
SAN FRANCISCO – In response to the invitation of Rev. Rick Warren to give the invocation at the inauguration of President-elect Barack Obama, EQCA Executive Director released the following statement:
“It is appalling that President-elect Barack Obama would invite California Pastor Rev. Rick Warren, an ardent supporter of Prop 8 and someone who is opposed to the equality of LGBT Americans, to give the invocation at his inauguration. It is a slap in the face to the millions of LGBT Americans who supported his historic candidacy. Would President-Elect Obama invite someone to give the invocation who supported eliminating the civil rights of a minority other than the LGBT community? Of course he wouldn’t!
“President-elect Obama should immediately rescind this invitation. It would be impossible for any self-respecting LGBT person to be expected to participate in the inauguration where a vocal opponent of our equality is given such a prominent role.”
EQCA is asking its members to sign the following petition to President-elect Barack Obama at www.eqca.org/takeaction:
Dear President-Elect Obama:
We the undersigned demand that you revoke the invitation of California Pastor Rev. Rick Warren due to his opposition to equality for LGBT Americans and his active support of Proposition 8 which eliminated the right of same-sex couples to civil marriage in California and put discrimination into the California Constitution.
EQCA works to achieve equality and secure legal protections for LGBT people. To improve the lives of LGBT Californians, EQCA sponsors legislation and coordinates efforts to ensure its passage, lobbies legislators and other policy makers, builds coalitions, develops community strength and empowers individuals and other organizations to engage in the political process. www.eqca.org
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Original source : http://gay_blog.blogspot.com/2008/12/equality-cali…
EQCA congratulates CTA President David Sanchez on being elected to chair California electoral college
Sacramento – Today the California electoral college chose an openly gay leader as chair.
Statement from Equality California Executive Director Geoff Kors on the electors’ vote:
“Just as the California electoral college had the historic honor this year to vote to confirm Barack Obama as the presidential choice for the state, they have demonstrated leadership and vision in electing David Sanchez as their chair, a most worthy choice. As the President of the California Teachers Association, David has worked to improve our public schools and stood up for equality and a more just society.”
EQCA works to achieve equality and secure legal protections for LGBT people. To improve the lives of LGBT Californians, EQCA sponsors legislation and coordinates efforts to ensure its passage, lobbies legislators and other policy makers, builds coalitions, develops community strength and empowers individuals and other organizations to engage in the political process. www.eqca.org
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Original source : http://gay_blog.blogspot.com/2008/12/eqca-congratu…
