Gay incident reopens Salt Lake City’s Main Street plaza wounds
It’s the wound that won’t heal. The rift that won’t close. And earlier this month, two gay lovers’ purportedly innocuous late-night kiss — though LDS Church officials insist it was far more amorous than that — ripped it wide open. Utah’s simmering religious divide boiled over — once again — at the geographical and philosophical intersection of church and state: the Main Street Plaza in downtown Salt Lake City. “It is a scab that will continue to be peeled away — and may never heal,” says Dani Eyer, the former ACLU director who fought to preserve First Amendment rights on the plaza. Matt Aune and Derek Jones say they held hands, kissed and then squabbled with security guards on the LDS Church-owned square. Salt Lake City police issued a ticket for trespassing. In protest, supporters of the couple staged a “kiss-in” last Sunday outside the plaza and plan another such demonstration today. The LDS Church — a faith to which 60 percent of Utahns belong — defended its right to regulate “inappropriate behavior” on the plaza. “What we’re seeing now is a manifestation of what should have been obvious from the very beginning,” says former Salt Lake City Mayor Rocky Anderson. “This block of Main Street never should have been conveyed to the LDS Church. It was a recipe for ongoing resentments between the LDS Church and those who are not members.” The church bought the strip of Main — from North Temple to South Temple — in 1999 after then-Mayor Deedee Corradini and the City Council, with the only two non-LDS members dissenting, signed off on the $8.1 million deal. But the controversy burned for five more years as federal courts were asked to settle the prickly issue of whether the church could govern expression on the plaza and whether the city could retain a public right of way (as outlined in the original deal). “It was meant to be for everybody,” Eyer says. “Where people come and go their constitutional rights go with them.” After a 10th U.S. Circuit Court of Appeals ruling in 2002, First Amendment activities returned to the plaza. But demonstrations by anti-Mormon protesters — including cries of “whore” and “harlot” hurled at newlywed brides — “sustained divisions” that “reached to the point of hatred” between Mormons and non-Mormons, Anderson says. In the end, he agreed to trade the public easement for cash and LDS land to build a west-side community center.
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Sask. appeal court asked whether commissioners can opt out of same-sex marriages
REGINA — The Saskatchewan government wants the province’s highest court to weigh in on proposed legislation that would allow marriage commissioners to not perform same-sex marriages if it is contrary to their religious beliefs.
Justice Minister Don Morgan said Friday that the government is referring legislative options to the Court of Appeal for its opinion on whether the proposals meet the requirements of the Charter of Rights.
“We’ve given the Court of Appeal two suggested options: one that we grandfather the existing marriage commissioners that are reluctant or refusing to perform a same-sex marriage, and the other one would be to create a religious exemption for those and for future marriage commissioners,” he said.
“It would require us to have two pools of marriage commissioners. One that would be willing to perform the same-sex marriage and one that would not.”
Whether officials can refuse to marry same-sex couples is the subject of a lawsuit and a complaint before the Saskatchewan Human Rights Tribunal - both of which are being heard by Saskatchewan Court of Queen’s Bench.
The complaint arose in 2005 when marriage commissioner Orville Nichols, a devout Baptist, told a gay couple he wouldn’t marry them because it went against his religious beliefs.
See Sask. appeal court asked whether commissioners can opt out of same … The Canadian Press
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Gay Marriage in Washington, DC: Coming Tuesday at 12:01 am
The D.C. Council has passed a gay marriage recognition bill. Mayor Adrian M. Fenty has signed it. The Board of Elections and Ethics has rejected a referendum effort aimed at overturning it. A Superior Court judge has upheld that decision.
So, barring intervention from the D.C. Court of Appeals—and, according to a court spokesperson, no appeal was filed by close of business today—gay marriages will very soon be legal in the District of Columbia.
Brian Flowers, the general counsel for the D.C. Council and the official counter of congressional review days, tells LL today that, by his count, the review period will end at 12:01 a.m. on Tuesday, July 7.
Now, if you’re expecting a big public spectacle at that hour—couples heading down to the courthouse at midnight, mass weddings at city hall, etc.—you may be disappointed: A recognition of an out-of-state marriage is something that does not require any official action on the District’s part; if you have a valid marriage license from Connecticut, Iowa, Massachusetts, or California (issued during the 14-week period that it was legal there), you will automatically be considered married in the District.
However, newly legitimate couples are free, of course, to party however they wish.
See Gay Marriage in Washington, DC: Coming Tuesday at 12:01 am
Washington City Paper
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Citing law, city reluctantly argues for release of gay employees’ names
Anti-gay-rights activist wants names of city-sponsored LGBT club
As attorneys for all sides prepare to square off in court, the City of Seattle and a self-described “civil rights leader” seeking the release of the names of gay and lesbian city workers involved in a city-sponsored club have lined up on the same side of the issue.
In separate court filings, the city and the Seattle City Light employee requesting the records argue that the state public-records act requires that the city release the records. City of Seattle employees associated with the department’s Lesbian, Gay, Bisexual, Transgendered, Questioning and Friends Club have asked the court to order the city not to release their names.
Reiterating statements made by Seattle City Attorney Tom Carr shortly after the suit was filed, lawyers for the city now assert, reluctantly, that the records requested by City Light employee Philip Irvin.
“The city sympathizes with the concerns that plaintiffs have expressed,” Assistant City Attorney Gary T. Smith said in court documents. “Nonetheless, the city believes that the Public Records Act obligates it to disclose the records at issue.”
Irvin, who claims he’s been barred from attending LGBTQF club meetings because he is heterosexual and opposed to gay rights, has requested that the city release the names of employees belonging to or attending the Seattle Public Utilities-sponsored group.
According to the city’s filing, the department sponsors eight such “affinity” groups for employees “with similar concerns.” Included in the array are groups for employees of different ages or ancestry, including European. Each group is provided with up to $1,000 annually for events, and members are allowed to spend two work hours a month toward group activities.
In arguing that the records should be released, attorneys for the city assert that earlier appeals-court rulings have shown that employee information must be released even if it could result in harassment. The city cites a 2002 case in which King County was ordered by the state Court of Appeals to release a list of sheriff’s deputies’ names.
Attorneys for the plaintiffs assert that the employees’ identities are not releasable under the law, in part because they are of no legitimate public interest.
See Citing law, city reluctantly argues for release of gay employees …
Seattle Post Intelligencer
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California appellate court rules La Crescenta property belongs to Los Angeles diocese
A California appellate court’s June 9 ruling was the latest in a series of recent developments that return disputed church properties to three California Episcopal dioceses.
On June 9, the San Diego-based Fourth District Court of Appeal ruled unanimously that the Diocese of Los Angeles is legal owner of property currently occupied by St. Luke’s Anglican Church. The congregation had cited theological differences when severing ties to the Episcopal Church (TEC) in 2006 and realigning with an Anglican diocese in Uganda.
In unrelated agreements, displaced Episcopalians will return July 1 to two other disputed properties, St. John’s Church in Petaluma, in the Diocese of Northern California and St. Paul’s Church in Modesto in the Diocese of San Joaquin.
“The long history of the Episcopal Church in La Crescenta will continue with new leadership and the potential for sustained growth, and as an open source of full inclusion for all humanity,” Bishop Jon Bruno of Los Angeles said June 9 after learning of the court’s decision.
“It is important that we preserve the essence of St. Luke the healer and the ongoing maintenance of the historic church building. It is a jewel in the crown of La Crescenta, and a blessing to the people of the Diocese of Los Angeles.”
Los Angeles: ‘property held in trust’ for wider church
The appellate court ruling affirmed a 2007 trial court decision that the church, located about 15 miles north of Los Angeles, was held in trust for the mission of both the local diocese and the wider church. In issuing the ruling, the ten-member panel cited a January 5, 2009 California Supreme Court decision, which returned St. James Anglican Church in Newport Beach to the diocese. Attorneys in that case, New v. Kroeger, have appealed the decision to the U.S. Supreme Court.
John Shiner, chancellor for the Diocese of Los Angeles, said a timeline for transition will advance in accordance with court procedures.
The Rev. Rob Holmann, rector of St. Luke’s Anglican Church, declined to comment June 10. “I know the general direction of the ruling, but I am withholding all comment until I see it” and until he could speak with attorneys, he told the Episcopal News Service.
A few days earlier, Holmann had told the Glendale News Press that he and the 200-member congregation “would very much like to stay” in the 83-year-old river-rock building, considered a cultural, architectural and historic local landmark.
Bruno said the future mission of St. Luke’s, now under his direct pastoral control, will be to focus on “deepening our understanding of what it means to be reconciled, welcoming and healthy people of God.”
Petaluma and Modesto: Episcopal congregations set to return July 1
After a bitter split and three years of “homelessness,” members of St. John’s Episcopal Church in Petaluma are returning July 1 to the 118-year-old church, the Rev. Norman Cram said in a telephone interview June 10.
“We are jubilant, overwhelmingly jubilant,” said Cram, priest-in-charge. “We celebrated our homelessness and we overlooked the inconveniences of living and worshipping out of a laundry basket but now that these things are almost behind us, it’s almost overwhelming.”
Citing disagreement over the ordination of a gay bishop, a majority of the 250-member congregation in December 2006 had voted to sever ties with the Episcopal Church and the Diocese of Northern California but declined to vacate church property. They formed St. John’s Anglican Church, displacing about 55 continuing Episcopalians who initially met in homes.
The Rev. David Miller, rector of the Anglican congregation, had sought a transfer of his canonical residence to the Argentina-based Anglican Province of the Southern Cone and was eventually deposed by the Rt. Rev. Jerry Lamb, then bishop of the Diocese of Northern California.
Miller did not return ENS telephone calls June 10. Mike McIntosh, parish administrator for the disaffiliated group, said a news release would be issued eventually, but declined further comment. The congregation’s last service in the church will be Sunday, June 28.
The continuing Episcopal congregation eventually began meeting on Sunday evenings at the Elim Lutheran Church in Petaluma who “magnificently sheltered us,” said Cram. He added that he hopes: “to present a healthy Christian perspective of love, compassion and kindness to our community, to be the yeast for the values of unity and inclusiveness in Petaluma.”
Meanwhile, Bishop Jerry Lamb of San Joaquin told ENS that discussions are underway with St. Paul’s Church in Modesto for return of that property by July 1, which several years ago affiliated with the Anglican Mission in America.
The Rev. Michael McClenaghan, rector, did not return ENS calls.
Lamb was already planning an organizational meeting, seeking lay leaders to begin the work of transition. “I have been making calls this week to laity who are or have been members of St. Paul’s and have signaled their desire to remain in the Episcopal Church,” he said in a statement posted on the diocesan website.
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Dismay Over Obama’s ‘Don’t Ask, Don’t Tell’ Turnabout
When Barack Obama sought the presidency, he pledged to reverse the “Don’t ask, don’t tell” policy preventing gays and lesbians from serving openly in the U.S. military. Yet on Monday, the Supreme Court rejected a gay Ohio soldier’s challenge to the law — with the legal backing of none other than the Obama Administration.
James Pietrangelo II, the former Army infantryman and lawyer whose case the high court declined to review, reserved most of his ire for President Obama instead of the court. “He’s a coward, a bigot and a pathological liar,” Pietrangelo said in an interview with TIME shortly after the high court declined to hear his appeal. “This is a guy who spent more time picking out his dog, Bo, and playing with him on the White House lawn than he has working for equality for gay people,” he added. “If there were millions of black people as second-class citizens, or millions of Jews or Irish, he would have acted immediately” upon taking office to begin working to lift “Don’t ask, don’t tell.” Pietrangelo fought in Iraq in 1991 as an infantryman, and returned as a JAG officer for the second Iraq War, before being booted out in 2004 for declaring he was gay as he was readying for a third combat tour. He was representing himself before the high court. (See pictures of the gay rights movement.)
The Obama Administration, in its brief in the case last month, said a lower court acted properly in upholding the gay ban. “Applying the strong deference traditionally afforded to the Legislative and Executive Branches in the area of military affairs, the court of appeals properly upheld the statute,” argued Elena Kagan, who as Solicitor General represents the Administration before the Supreme Court. The bar on gays serving openly is “rationally related to the government’s legitimate interest in military discipline and cohesion,” her 12-page filing added.
The endorsement of “Don’t ask, don’t tell” by the Administration marks the latest rightward tack by Obama. The President denounced many of George W. Bush’s national-security policies during the campaign, but in office has adopted more conservative positions, including endorsing military commissions to try purported terrorists, and declining to release a second batch of photographs depicting alleged U.S. maltreatment of Iraqi detainees. His stance on “Don’t ask, don’t tell” may be more surprising, because Obama aides have made clear the President wants the ban lifted eventually. (Watch a gay marriage wedding video.)
Pietrangelo doesn’t buy the line from Obama aides — and the Pentagon — that they’re too busy grappling with a faltering economy and two wars to handle the gay ban right away. “It’s a complete lie that he has too much stuff on his plate — this is the guy who criticized Bush for not being able to multitask,” Pietrangelo says. “We have an old saying in the military — the maximum effective range of an excuse is zero meters.” See Dismay Over Obama’s ‘Don’t Ask, Don’t Tell’ Turnabout TIME
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Lambda Legal Applauds West Virginia Court Order Restoring Custody of Foster Child to Lesbian Mothers
“The West Virginia high court has done the right thing in ruling in the best interests of this child. We applaud them for rejecting the prejudice that would have removed her from the only home she ever knew,” said Greg Nevins, Supervising Senior Staff Attorney in Lambda Legal’s Southern Regional Office in Atlanta. “Children in West Virginia need parents to love and care for them and that’s what the state should want, too.”
Lambda Legal filed a friend-of-the-court brief with the court on February 19, 2009, on behalf of Foster Children Alumni Association, CASA (Court Appointed Special Advocates) of the Eastern Panhandle, COLAGE (Children of Lesbian and Gays Everywhere), and Fairness West Virginia to urge the reversal of a trial court order removing the then year-old girl from the home of Kathryn Kutil and Cheryl Hess. The removal was ordered after the couple indicated that they wished to adopt the child. The trial judge accepted the view of the guardian ad litem that the Department of Health and Human Resources (DHHR) should only pursue an adoption placement for the child in a “traditional family,” consisting of both a mother and a father. The GAL also sought a statewide injunction barring foster children from being placed in gay homes. Friday’s ruling reverses this lower court finding, allows the child to remain with her foster parents, and permits the possibility that this home where the child has thrived eventually will be the adoption placement for the child.
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Wisconsin Trial Court Dismisses ACLU Lawsuit Seeking Domestic Partner Benefits For Lesbian and Gay State Employees
The Court’s opinion states: “The plaintiffs have offered a strong showing that the employment benefits in issue have been provided on a discriminatory basis. The defendants’ explanations offered for the continuing discrimination against these plaintiffs are unpersuasive and inadequate.”
“Losing doesn’t get any better than this,” said Larry Dupuis, Litigation Director of the ACLU. “We knew we had an uphill battle in the trial court because of the earlier case. But the court agreed with us that discrimination based on sexual orientation should be subject to strict judicial review and that it is unconstitutional for the state to deny equal benefits.”
The Court also found that providing the benefits would not be barred by the anti-gay marriage amendment that passed in 2006. After the amendment passed, the state had argued that the amendment barred the state from providing the benefits.
The ACLU filed the lawsuit in April 2005 on behalf of six lesbian state employees and their partners. The lawsuit charges that it is a violation of the state’s equal protection guarantees to deny lesbian and gay state employees access to the same health insurance and family leave protections that it provides to straight employees who are able to cover their spouses. The lawsuit was stalled for years because a number of Wisconsin municipalities tried to inject themselves into the lawsuit. The issue ultimately went up to the Wisconsin Supreme Court, which ruled that they were not entitled to become a party to the litigation.
“While we are heartened by the court’s decision, we urge the legislature to pass the domestic partner bill so there will be no need to appeal,” added Chris Ahmuty, Executive Director of the ACLU of Wisconsin. “Our clients are forced to pay expensive prices for inferior health coverage and sometimes even to forego necessary care. They suffer every day this issue goes unresolved.”
Wisconsin Department of Corrections employee Jayne Dunnum and her partner, Robin Timm, pay nearly $450 a month for private insurance for Timm who works on the couple’s organic farm and food store in Platteville. “We don’t care if it happens through the courts or the legislature. We just really need the health insurance coverage,” said Dunnum. “It’s a matter of basic fairness. I work just as hard has my straight colleagues and shouldn’t be denied the equal employment benefits.”
The case is Dunnum v. Department of Employee Trust Funds. The couples are represented by John Knight and Rose Saxe of the ACLU’s Lesbian Gay Bisexual Transgender Project, Larry Dupuis of the ACLU of Wisconsin, and cooperating attorneys Linda Roberson and Christopher Krimmer of the Madison law firm Balisle & Roberson.
Biographical information for all of the couples, today’s decision, the complaint, and additional information are available at http://www.aclu.org/getequal/caseprofiles.htm.
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Obama won’t oppose ruling weakening ‘don’t ask’
The Obama administration, criticized by gay rights advocates for not following through on a campaign promise to repeal the “don’t ask, don’t tell” policy on military service, has taken a quiet step to allow a federal court in San Francisco to limit enforcement of the policy.
Without fanfare, the Justice Department told congressional leaders last month that it would not seek Supreme Court review of a May 2008 ruling by the Ninth U.S. Circuit Court of Appeals. The ruling cast doubt on the constitutionality of discharging gay and lesbian soldiers from the military for revealing their sexual orientation and required military officials to justify each dismissal.
See Obama won’t oppose ruling weakening ‘don’t ask’ San Francisco Chronicle
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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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