Full Civil Rights Division ENDA testimony
STATEMENT OF THOMAS E. PEREZ ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF JUSTICE
BEFORE THE COMMITTEE ON HEALTH, EDUCATION, LABOR AND PENSIONS, UNITED STATES SENATE
“EMPLOYMENT NON-DISCRIMINATION ACT: ENSURING OPPORTUNITY FOR ALL AMERICANS”
PRESENTED NOVEMBER 5, 2009
Mr. Chairman, Ranking Member Enzi and members of the HELP Committee, thank you for the opportunity to appear before …
Tags: Assistant Attorney General, Attorney General Department, Civil Rights Division, Committee On Health Education Labor And Pensions, Department Of Justice, Discrimination Act, Enzi, Health Education, Help Committee, Mr Chairman, Senate Employment, Testimony Statement, United States SenateDept. of Justice testimony on ENDA: Pass it now
Thomas E. Perez, head of the Civil Rights Division of the Department of Justice, testified before a Senate committee that the Obama Administration supports ENDA.
He said, “The Administration strongly supports fully-inclusive legislation that prohibits discrimination on the basis of sexual orientation and gender identity.”
Perez thanked Congress for passing the Matthew …
Tags: Civil Rights Division, Congress, Department Of Justice, Dept Of Justice, Discrimination, Gender Identity, Legislation, Senate Committee, Sexual Orientation, TestimonyObama statement on DOMA
From the White House:
Statement by the President on the Smelt v. United States Brief
Today, the Department of Justice has filed a response to a legal challenge to the Defense of Marriage Act, as it traditionally does when acts of Congress are challenged. This brief makes clear, …
Tags: Acts Of Congress, Defense Of Marriage Act, Department Of Justice, Doma, Legal Challenge, marriage, united states, White HouseEnding prisoner rape in Michigan
LINDA MCFARLANE writes:
The Michigan Department of Corrections (DOC) last week settled a class action lawsuit brought by over 500 female prisoners who were sexually abused in the state’s prisons. With the $100-million settlement agreement, hopefully the DOC will also begin to take the proactive steps needed to prevent and address the sexual violence that continues to plague its facilities.
This decision came after more than ten years of litigation, during which the courts repeatedly ruled against the state.
Although the prevalence of sexual abuse in Michigan prisons is well documented, leading officials have insisted that this type of violence is not a serious problem. In 2008, DOC Director Patricia Caruso opposed national standards being developed to address sexual abuse behind bars, stating that they would require that a “disproportionate amount of resources be dedicated to an issue that affects less than 1% of the DOC prison population.”
This claim is in blatant defiance of the facts. A 2007 national survey by the Department of Justice’s Bureau of Justice Statistics, which surveyed inmates at three Michigan prisons, found that the proportion of prisoners experiencing sexual victimization in the past year alone ranged from 4.6% to 7.9%.
Rape and other forms of sexual violence cause long-term harm to survivors and their communities. Prisoner rape survivors suffer physical injury, contract HIV and other sexually transmitted diseases, and experience severe psychological trauma. The vast majority of inmates ultimately return home, bringing their experiences and medical and psychiatric conditions with them.
See Ending prisoner rape in Michigan
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Original source : http://gay_blog.blogspot.com/2009/07/ending-prison…
DOJ Will Not Appeal Veteran’s VictoryIn Transgender Discrimination Case
Signals Commitment By Obama Administration To Protect Transgender Workers From Discrimination
WASHINGTON, DC – The U.S. Department of Justice decided not to appeal a federal court ruling awarding transgender veteran Diane Schroer the maximum compensation for the discrimination she suffered after being refused a job with the Library of Congress. The deadline for seeking an appeal was June 30. The American Civil Liberties Union has represented Schroer in her case.
The Obama administration’s decision whether to appeal the final ruling in the case has been closely watched in part because the Bush administration defended the case so vigorously, arguing that transgender Americans are not protected by any existing federal laws. The decision not to appeal the verdict is consistent with the Obama administration’s campaign promises to protect transgender workers against discrimination and his administration’s recent order taking steps to bar gender identity discrimination in federal employment.
“I am grateful that the court took the time to examine the case in detail and come to a fair and unbiased decision. In that same light, I am gratified that the current administration saw this for what it was, a case of sex discrimination focused against transgender people, and recognized that it must end in this country,” said Schroer, an Army Special Forces veteran with 25 years service. “The important signal that the administration’s decision sends to all LGBT individuals gives me renewed hope and restores some of my shaken faith in what our country stands for.”
On April 29, 2009, a federal court awarded Schroer maximum damages of $491,190 for back pay, other financial losses and emotional pain and suffering after finding the Library illegally discriminated against Schroer because of her sex. At trial, Schroer testified that she had applied for a position with the Library of Congress as the senior terrorism research analyst and was offered the job. Prior to starting work, she took her future boss to lunch to explain that she was in the process of transitioning and wished to start work presenting as female. The following day, Schroer received a call from her future boss rescinding the offer, telling her that she wasn’t a “good fit” for the Library of Congress.
“We are pleased and relieved that the Obama administration has decided to bring an end not only to years of hard-fought litigation but also to a painful chapter of Ms. Schroer’s extraordinary life,” said Sharon McGowan, a staff attorney with the ACLU LGBT Project. “The administration’s decision not to challenge this important civil rights ruling is a welcome sign that it intends to live up to its commitment to help end transgender discrimination in the workplace.”
The ACLU filed the lawsuit against the Library of Congress on June 2, 2005, charging that the library unlawfully refused to hire Schroer in violation of Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in the workplace. In an earlier ruling in this case, the court issued a groundbreaking opinion that discriminating against someone who transitions from living as one gender to another is sex discrimination under federal law. In reaching this decision, the court compared the discrimination faced by Schroer to religious-based discrimination, saying, “Imagine that an employee is fired because she converts from Christianity to Judaism. Imagine too that her employer testified that he harbors no bias toward either Christians or Jews but only ‘converts.’ That would be a clear case of discrimination ‘because of religion.’ No court would take seriously the notion that ‘converts’ are not covered by the statute.” The court also ruled that the library was guilty of sex stereotyping against Schroer because of its view that she failed to live up to traditional notions of what is male or female.
“This case put employers on notice that discrimination against transgender individuals is like any other form of discrimination – counterproductive and against our principles as a nation,” added Schroer. “But this case alone won’t end the rampant discrimination that transgender people face throughout the country. That’s why we need Congress to pass the Employment Non-Discrimination Act that was introduced last week.”
In addition to McGowan, the legal team consisted of Ken Choe, Senior Staff Attorney for the ACLU LGBT Project, James Esseks, Litigation Director for the ACLU LGBT Project and Arthur Spitzer, Legal Director of the ACLU of the Nation’s Capital.
A copy of the decision, the complaint, a video, a bio and photographs of Diane Schroer are available at: http://www.aclu.org/lgbt/transgender/24969res20050602.html
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Original source : http://gay_blog.blogspot.com/2009/07/doj-will-not-…
Department of Justice submits brief defending DOMA
Department of Justice submits brief defending DOMA
Tags: Department Of Justice, Justice DepartmentWATCH In His Own Words: What Obama Promised Gay Americans
President Obama surprised and disappointed many this past week when his Department of Justice defended the Defense Of Marriage Act in court. Daily Kos’ Jed Lewison has compiled clips from the campaign in which Obama forcefully advocated equal rights for gay Americans and stated his support for strong civil unions with all the benefits of marriage. Watch:
WATCH In His Own Words: What Obama Promised Gay Americans
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Original source : http://gay_blog.blogspot.com/2009/06/watch-in-his-…
TAKE ACTION: Obama Defends DOMA
President Obama had a chance to take a strong stance against the Defense of Marriage Act – and he blew it, going back on his promise to repeal the discriminatory law.
In a recent California Federal Court challenge filed by a couple married in California, President Obama’s Justice Department filed a brief supporting DOMA and justifying discrimination in government benefits against legally married same-sex couples.Enough is enough.
Demand that President Obama stop defending DOMA and instruct the Department of Justice to take any and all actions to support its repeal.
Demand President Obama push for complete equality for LGBT Americans, as he promised during his campaign.
We have been promised too much and have waited too long. Send a letter using EQCA’s Action Center and it will be delivered immediately to President Obama.
President Obama has let us down. He can still fix this mistake, but he must act fast. Make sure he knows you want full equality now.
Please forward to everyone you know.In solidarity,
Geoff KorsExecutive DirectorEquality California
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Original source : http://gay_blog.blogspot.com/2009/06/take-action-o…
Gay Filipino professor wins political asylum after revealing a 30-year secret of sexual abuse
After his visitor’s visa expired in 2006, Philip Belarmino, an English professor from the Philippines, consulted a San Francisco attorney. He wanted to see if he could stay longer to be with his parents and sister who are permanent residents in the Bay Area. That bureaucratic immigration path led instead to revelation of a stunning personal secret, recounted during an emotional testimony in an immigration courtroom in San Francisco last month: When he was 9, 11 and 16, Belarmino said he was repeatedly sexually assaulted by other boys. Recounting the abuse, said the 43-year Bay Area resident, was “like forever. It was like re-entering a harrowing, hellish experience.” He feared a forced return to the Philippines, “of being hurled back in the world of cruelty.” That wrenching testimony convinced Judge Loreto Geisse to grant Belarmino political asylum in the United States, ending for now the government’s effort to deport him. The Department of Justice, which has until June 22 to appeal, could not be reached for comment Monday. Political asylum in the United States for gays and lesbians who fear persecution if returned to their home countries is not new and no one knows how many such cases are granted each year. Immigration Equality, a New York City group that advocates for gay and lesbian immigrant rights, won 55 similar cases last year.
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Original source : http://gay_blog.blogspot.com/2009/06/gay-filipino-…
Gay advocacy groups press Obama
Gay advocacy groups, disenchanted by President Obama’s inaction so far on campaign promises on their issues, are launching a campaign to get his administration to take a stand on the federal anti-gay marriage law.
The first federal lawsuit against a key section of the Defense Of Marriage Act was filed on last month by Gay & Lesbian Advocates & Defenders on behalf of eight same-sex married couples and three surviving spouses from Massachusetts. Obama’s Department of Justice until the week of June 22 to respond.
During his campaign, Obama promised to seek a repeal of the act, which allows states to not recognize gay marriages from other states. White House spokesman Robert Gibbs reiterated the president’s position last month. He opposes gay marriage, but does support civil unions and equal treatment for gays. In recent weeks, New Hampshire and Vermont have moved to join Massachusetts in legalizing gay marriage.
In the grassroots effort, organizers are asking participants to print out a “flip flop card” with the statement, “President Obama, please don’t flip flop on DOMA!” and mail it to the White House.
“President Obama, the defense of this discriminatory and archaic law will be tantamount to nothing short of a flip flop from your previously stated intentions. We’re asking you Mr. President, to take a principled stand for equality under the law and be the bold leader that we voted into office,” Paul Sousa, who leads the Boston-based Equal Rep, said in a statement.
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Original source : http://gay_blog.blogspot.com/2009/05/gay-advocacy-…
