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Human Rights Campaign Statement on Death of San Diego Area Sailor

The Human Rights Campaign, the nation’s largest lesbian, gay, bisexual and transgender (LGBT) civil rights organization, released a statement today in the death of Seaman August Provost, 29, at Camp Pendleton in San Diego, CA. According to local media reports, the Navy and Marine Corps confirmed that a sailor’s body was found on the base at about 3 a.m. Tuesday morning. A military spokesperson confirmed that there was evidence of foul play in the killing and that the case is a murder investigation. It is also understood a “person of interest” is in custody at Camp Pendleton but has not been charged with a crime. Local activists report the victim may have been targeted because of his sexual orientation.

“Our thoughts are with the Provost family at this time as authorities work to learn what happened in the early morning hours this past Tuesday,” said Human Rights Campaign President Joe Solmonese. “The Human Rights Campaign has confirmed Congresswoman Susan Davis has been in touch with officials at the base and is tracking the investigation. We know that every day members of the lesbian, gay, bisexual and transgender community are targeted for simply being who they are. Furthermore, our gay or lesbian soldiers struggle with the extra burden of not serving openly and honestly based on the discriminatory policy of ‘Don’t Ask, Don’t Tell.’ As we monitor the investigation, our community must continue to raise awareness on a law that we know hurts military readiness and national security while putting American soldiers at risk.”

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.

See Human Rights Campaign Statement on Death of San Diego Area Sailor

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Obama urges lesbian, gay patience overturning ‘unjust laws’

THE PRESIDENT: Hello, everybody. Hello, hello, hello. (Applause.) Hey! Good to see you. (Applause.) I’m waiting for FLOTUS here. FLOTUS always politics more than POTUS.

MRS. OBAMA: No, you move too slow. (Laughter.)

THE PRESIDENT: It is great to see everybody here today and they’re just — I’ve got a lot of friends in the room, but there are some people I want to especially acknowledge. First of all, somebody who helped ensure that we are in the White House, Steve Hildebrand. Please give Steve a big round of applause. (Applause.) Where’s Steve? He’s around here somewhere. (Applause.)

The new chair of the Export-Import Bank, Fred Hochberg. (Applause.) Where’s Fred? There’s Fred. Good to see you, Fred. Our Director of the Institute of Education Sciences at DOE, John Easton. Where’s John? (Applause.) A couple of special friends — Bishop Gene Robinson. Where’s Gene? (Applause.) Hey, Gene. Ambassador Michael Guest is here. (Applause.) Ambassador Jim Hormel is here. (Applause.) Oregon Secretary of State Kate Brown is here. (Applause.) All of you are here. (Laughter and applause.) Welcome to your White House. (Applause.) So.

AUDIENCE MEMBER: (Inaudible.) (Laughter.)

THE PRESIDENT: Somebody asked from the Lincoln Bedroom here. (Laughter.) You knew I was from Chicago too. (Laughter.)

It’s good to see so many friends and familiar faces, and I deeply appreciate the support I’ve received from so many of you. Michelle appreciates it and I want you to know that you have our support as well. (Applause.) And you have my thanks for the work you do every day in pursuit of …

… equality on behalf of the millions of people in this country who work hard and care about their communities — and who are gay, lesbian, bisexual, or transgender. (Applause.)

Now this struggle, I don’t need to tell you, is incredibly difficult, although I think it’s important to consider the extraordinary progress that we have made. There are unjust laws to overturn and unfair practices to stop. And though we’ve made progress, there are still fellow citizens, perhaps neighbors or even family members and loved ones, who still hold fast to worn arguments and old attitudes; who fail to see your families like their families; and who would deny you the rights that most Americans take for granted. And I know this is painful and I know it can be heartbreaking.

And yet all of you continue, leading by the force of the arguments you make but also by the power of the example that you set in your own lives — as parents and friends, as PTA members and leaders in the community. And that’s important, and I’m glad that so many LGBT families could join us today. (Applause.) For we know that progress depends not only on changing laws but also changing hearts. And that real, transformative change never begins in Washington (cellphone “quacks”). Whose duck is back there? (Laughter.)

MRS. OBAMA: It’s a duck.

THE PRESIDENT: There’s a duck quacking in there somewhere. (Laughter.) Where do you guys get these ring tones, by the way? (Laughter.) I’m just curious. (Laughter.)

Indeed, that’s the story of the movement for fairness and equality — not just for those who are gay, but for all those in our history who’ve been denied the rights and responsibilities of citizenship; who’ve been told that the full blessings and opportunities of this country were closed to them. It’s the story of progress sought by those who started off with little influence or power; by men and women who brought about change through quiet, personal acts of compassion and courage and sometimes defiance wherever and whenever they could.

That’s the story of a civil rights pioneer who’s here today, Frank Kameny, who was fired — (applause.) Frank was fired from his job as an astronomer for the federal government simply because he was gay. And in 1965, he led a protest outside the White House, which was at the time both an act of conscience but also an act of extraordinary courage. And so we are proud of you, Frank, and we are grateful to you for your leadership. (Applause.)

It’s the story of the Stonewall protests, which took place 40 years ago this week, when a group of citizens — with few options and fewer supporters — decided they’d had enough and refused to accept a policy of wanton discrimination. And two men who were at those protests are here today. Imagine the journey that they’ve traveled.

It’s the story of an epidemic that decimated a community — and the gay men and women who came to support one another and save one another; and who continue to fight this scourge; and who demonstrated before the world that different kinds of families can show the same compassion and support in a time of need — that we all share the capacity to love.

So this story, this struggle, continues today — for even as we face extraordinary challenges as a nation, we cannot — and will not — put aside issues of basic equality. (Applause.) We seek an America in which no one feels the pain of discrimination based on who you are or who you love.

And I know that many in this room don’t believe that progress has come fast enough, and I understand that. It’s not for me to tell you to be patient, any more than it was for others to counsel patience to African Americans who were petitioning for equal rights a half-century ago.

But I say this: We have made progress and we will make more. And I want you to know that I expect and hope to be judged not by words, not by promises I’ve made, but by the promises that my administration keeps. And by the time you receive — (applause.) We’ve been in office six months now. I suspect that by the time this administration is over, I think you guys will have pretty good feelings about the Obama administration. (Applause.)

Now while there is much more work to do, we can point to important changes we’ve already put in place since coming into office. I’ve signed a memorandum requiring all agencies to extend as many federal benefits as possible to LGBT families as current law allows.

And these are benefits that will make a real difference for federal employees and Foreign Service Officers, who are so often treated as if their families don’t exist. And I’d like to note that one of the key voices in helping us develop this policy is John Berry, our director of the Office of Personnel Management, who is here today. And I want to thank John Berry. (Applause.)

I’ve called on Congress to repeal the so-called Defense of Marriage Act to help end discrimination — (applause) — to help end discrimination against same-sex couples in this country. Now I want to add we have a duty to uphold existing law, but I believe we must do so in a way that does not exacerbate old divides. And fulfilling this duty in upholding the law in no way lessens my commitment to reversing this law. I’ve made that clear.

I’m also urging Congress to pass the Domestic Partners Benefits and Obligations Act, which will guarantee the full range of benefits, including healthcare, to LGBT couples and their children. (Applause.) My administration is also working hard to pass an employee nondiscrimination bill and hate-crimes bill, and we’re making progress on both fronts. (Applause.) Judy and Dennis Shepard, as well as their son Logan, are here today. I met with Judy in the Oval Office in May — (applause) — and I assured her and I assured all of you that we are going to pass an inclusive hate-crimes bill into law, a bill named for their son Matthew. (Applause.)

In addition, my administration is committed to rescinding the discriminatory ban on entry to the United States based on HIV status. (Applause.) The Office of Management and Budget just concluded a review of a proposal to repeal this entry ban, which is a first and very big step toward ending this policy.

And we all know that HIV/AIDS continues to be a public health threat in many communities, including right here in the District of Columbia. And that’s why this past Saturday, on National HIV Testing Day, I was proud once again to encourage all Americans to know their status and get tested the way Michelle and I know our status and got tested. (Applause.)

And finally, I want to say a word about “don’t ask, don’t tell.” As I said before — I’ll say it again — I believe “don’t ask, don’t tell” doesn’t contribute to our national security. (Applause.) In fact, I believe preventing patriotic Americans from serving their country weakens our national security. (Applause.)

Now, my administration is already working with the Pentagon and members of the House and the Senate on how we’ll go about ending this policy, which will require an act of Congress.

Someday, I’m confident, we’ll look back at this transition and ask why it generated such angst, but as commander in chief, in a time of war, I do have a responsibility to see that this change is administered in a practical way and a way that takes over the long term. That’s why I’ve asked the secretary of Defense and the chairman of the Joint Chiefs of Staff to develop a plan for how to thoroughly implement a repeal.

I know that every day that passes without a resolution is a deep disappointment to those men and women who continue to be discharged under this policy — patriots who often possess critical language skills and years of training and who’ve served this country well. But what I hope is that these cases underscore the urgency of reversing this policy not just because it’s the right thing to do, but because it is essential for our national security.

Now even as we take these steps, we must recognize that real progress depends not only on the laws we change but, as I said before, on the hearts we open. For if we’re honest with ourselves, we’ll acknowledge that there are good and decent people in this country who don’t yet fully embrace their gay brothers and sisters — not yet.

That’s why I’ve spoken about these issues not just in front of you, but in front of unlikely audiences — in front of African American church members, in front of other audiences that have traditionally resisted these changes. And that’s what I’ll continue to do so. That’s how we’ll shift attitudes. That’s how we’ll honor the legacy of leaders like Frank and many others who have refused to accept anything less than full and equal citizenship.

Now 40 years ago, in the heart of New York City at a place called the Stonewall Inn, a group of citizens, including a few who are here today, as I said, defied an unjust policy and awakened a nascent movement.

It was the middle of the night. The police stormed the bar, which was known for being one of the few spots where it was safe to be gay in New York. Now raids like this were entirely ordinary. Because it was considered obscene and illegal to be gay, no establishments for gays and lesbians could get licenses to operate. The nature of these businesses, combined with the vulnerability of the gay community itself, meant places like Stonewall, and the patrons inside, were often the victims of corruption and blackmail.

Now ordinarily, the raid would come and the customers would disperse. But on this night, something was different. There are many accounts of what happened, and much has been lost to history, but what we do know is this: People didn’t leave. They stood their ground. And over the course of several nights they declared that they had seen enough injustice in their time.

This was an outpouring against not just what they experienced that night, but what they had experienced their whole lives. And as with so many movements, it was also something more: It was at this defining moment that these folks who had been marginalized rose up to challenge not just how the world saw them, but also how they saw themselves.

As we’ve seen so many times in history, once that spirit takes hold there is little that can stand in its way. (Applause.) And the riots at Stonewall gave way to protests, and protests gave way to a movement, and the movement gave way to a transformation that continues to this day. It continues when a partner fights for her right to sit at the hospital bedside of a woman she loves. It continues when a teenager is called a name for being different and says, “So what if I am?” It continues in your work and in your activism, in your fight to freely live your lives to the fullest.

In one year after the protests, a few hundred gays and lesbians and their supporters gathered at the Stonewall Inn to lead a historic march for equality. But when they reached Central Park, the few hundred that began the march had swelled to 5,000. Something had changed, and it would never change back.

The truth is when these folks protested at Stonewall 40 years ago no one could have imagined that you — or, for that matter, I (laughter) — would be standing here today. (Applause.) So we are all witnesses to monumental changes in this country.

That should give us hope, but we cannot rest. We must continue to do our part to make progress — step by step, law by law, mind by changing mind. And I want you to know that in this task I will not only be your friend, I will continue to be an ally and a champion and a president who fights with you and for you.

Thanks very much, everybody. God bless you. (Applause.) Thank you. It’s a little stuffed in here. We’re going to open — we opened up that door. We’re going to walk this way, and then we’re going to come around and we’ll see some of you over there, all right? (Laughter.) But out there. (Laughter.)

But thank you very much, all, for being here. Enjoy the White House. Thank you. (Applause.) ###

See Obama urges lesbian, gay patience overturning ‘unjust laws’ (text) Los Angeles Times

* Tags = gay men gay news lesbian news transgender bisexual

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What You Can Do for Health Care Fairness

Take Lambda LEgals’c health care fairness survey today. LGBT people and those with HIV encounter prejudice and discrimination from health care providers and institutions, including being denied necessary treatments, services or insurance coverage, or being forced to receive care from health care providers who are poorly trained or even hostile. We need your help to make sure that all of our concerns are heard. As part of Lambda Legal’s health care fairness campaign, we are conducting a national survey (available in both English and Spanish) to document the unique health care experiences and needs of LGBT people and people living with HIV. Information from this survey will be used to educate elected officials and other decisionmakers about the specific problems health care reform must address. Make your voice count for health care fairness.

* Tags = gay men gay news lesbian news transgender bisexual

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Unanimous California Supreme Court Rejects Attempt to Limit Discrimination Claims by People with Disabilities

‘The Court’s decision furthers the Unruh Act’s purpose to eradicate arbitrary and invidious discrimination from California’s business establishments.’
(San Francisco, June 11, 2009) — Today the California Supreme Court unanimously ruled that California’s Unruh Civil Rights Act does not impose extra legal hurdles for people with disabilities, including people living with HIV who seek damages for discrimination.
Statement from Tara Borelli, Staff Attorney at Lambda Legal and a principal author of the friend-of-the court brief Lambda Legal submitted urging today’s legal result in Munson v. Del Taco:
“The Court rightly rejected efforts to misread the Unruh Civil Rights Act to impose extra legal hurdles which would have harmed all disabled Californians who face discrimination in public accommodations, including those living with HIV.

“Real, reliable change for people with disabilities has been painfully slow in coming but the high court’s decision today promises greater fairness in California. The Court’s decision furthers the Unruh Act’s purpose to eradicate arbitrary and invidious discrimination from California’s business establishments.
“Though this case does not directly involve people living with HIV, the application of this decision will be helpful to all people living with disabilities who encounter discrimination, which includes many Californians living with HIV.”
Background on Munson v. Del Taco:
Kenneth Munson, a wheelchair user, filed suit against Del Taco, Inc. alleging violations of the federal Americans with Disabilities Act and California’s Unruh Act. Munson’s suit is based on claims arising from visits he made to one Del Taco restaurant, where he encountered architectural barriers to his use of the parking lot and restroom.
Background on Unruh Civil Rights Act:
California’s Unruh Civil Rights Act requires that public accommodations — businesses such as restaurants, rental housing, and doctors’ offices — are open to everyone, without arbitrary discrimination based on disability (including HIV), sex (including gender identity), sexual orientation, marital status, race or several other personal characteristics. Similarly, the federal Americans with Disabilities Act (ADA) forbids denying disabled people equal access to public places. In 1992, California revised the Unruh Act to better protect disabled Californians from discrimination by saying that a plaintiff who proves an ADA violation has also proven a state law violation.

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Lambda Legal Applauds West Virginia Court Order Restoring Custody of Foster Child to Lesbian Mothers

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Wisconsin Trial Court Dismisses ACLU Lawsuit Seeking Domestic Partner Benefits For Lesbian and Gay State Employees

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Group Begins Ad Blitz Against Same-Sex Marriage

The National Organization for Marriage, a conservative Christian group that has fought efforts to legalize same-sex marriage in California and in the Northeast, has set its sights on New York with its latest media campaign.

Beginning Thursday in the New York City and Albany markets, the organization will run a 30-second television commercial that warns of unanticipated social consequences if the state allows gay couples to marry.

Echoing a theme that was used in turning public opinion against same-sex marriage in California in a vote last fall, the commercial suggests that children will be taught about homosexuality in schools.

“And it’s not just kids who face consequences,” the narrator says over foreboding music. “The rights of people who believe marriage means a man and a woman will no longer matter. We’ll have to accept gay marriage whether we like it or not.”

The commercial closes with a shot of the Capitol as the number for the State Senate switchboard flashes on the screen. The Senate must act in the next four weeks if it is to pass a same-sex marriage bill before the Legislature adjourns. The Assembly passed the bill this month, and Gov. David A. Paterson has pledged to sign it.

The National Organization for Marriage said its initial ad spending, which includes the television commercial and a radio spot, was just over $100,000. That campaign will run through Sunday.

The group said it hopes the commercial, which is intended to raise doubts about an argument made by advocates for same-sex marriage — that allowing gay couples to marry is simply a matter of fairness and equality — will give opponents a louder voice in a debate that has been dominated by the other side. See

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Lambda Legal Marks First Anniversary of Historic California Marriage Victory

‘…denying marriage to loving and committed same-sex couples is morally wrong…’
(Los Angeles, May 15, 2009) — On the first anniversary of the California Supreme Court’s historic ruling in In re Marriages, Lambda Legal Marriage Project Director Jennifer C. Pizer issued the following statement:
“One year ago today many thousands of lesbian and gay Californians became full citizens for the first time when the state supreme court ruled that we all are equal under law and everyone – gay and straight alike – must have the same right to marry the person they love. For some of us who’d worked on the case for years, the court’s clarion clear decision gave real meaning to the California Constitution’s promise of equality. And then, as more than 18,000 same-sex couples jubilantly exercised that right all over the state, family and friends shared their joy, cried during their vows, and were changed for the better.

The court’s historic decision also paved the way for the high courts of Connecticut and Iowa, which in turn gave great boosts to the legislatures in Vermont, Maine, New Hampshire and the District of Columbia. Awareness now is dawning for great numbers of Americans that denying marriage to loving and committed same-sex couples is morally wrong and inflicts real harms—government should not be in the business of discrimination. Public opinion is shifting fast toward fairness. But no minority should have to depend on the generosity of the majority to enjoy basic rights. Proposition 8′s theft of our right to marry has advanced a broadly pernicious recasting of “equal protection” that, if upheld, puts every California minority at risk. It was a sad, knee-jerk response to the sight of couples in love celebrating their happiness.

Paper is the traditional first anniversary gift and there are two obvious examples — our constitution, torn asunder by Prop 8′s antigay exception, and the high court’s imminent decision that we hope will mend that tear. Today’s anniversary reminds us that we win in court and in life when we publicly celebrate our truth, love and joy in equal measures.”

Jennifer C. Pizer is Director of Lambda Legal’s Marriage Project and co-counsel in the cases that established same-sex couples’ right to marry in California and the pending challenge to Proposition 8.

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‘This Is a Question of Fairness’ – NY Times Editorial

It is by no means a fast and easy path, but the cause of same-sex marriage is moving forward — proof that justice can triumph over wedge politics and prejudice. It happened this week in Maine and New Hampshire, where both states’ legislatures voted to legalize same-sex marriage and promptly put the final say to their governors.
In New Hampshire, Gov. John Lynch — who previously defined marriage as strictly between a man and a woman — promised his “best decision” after consulting lawmakers and constituents. Mr. Lynch would be wise also to consult his neighbor in Maine, Gov. John Baldacci, who signed his state’s same-sex marriage bill. He previously had opposed the idea, with the familiar hedge of supporting the half-step of civil unions.
Mr. Baldacci described his change of heart — and what we hope is the changing sentiment of many other American politicians. “I have come to believe that this is a question of fairness and of equal protection under the law, and that a civil union is not equal to civil marriage,” he said. Precisely.
Maine was the fifth state to legalize same-sex marriage. We urge Mr. Lynch to make New Hampshire the sixth. Similar proposals are pending in other states, with a major debate expected in the New York Legislature.
This week, the City Council of the District of Columbia took a preliminary step, voting 12 to 1, to recognize marriages between gay people certified in other states. A fuller debate is anticipated on a proposal to legalize same-sex unions. Unfortunately, there already are calls for Congress to once more tread on home rule and block this progress in the nation’s capital.
House Speaker Nancy Pelosi is right to caution against such grandstanding. Governor Baldacci heard the people speak. Congress should listen. See ‘This Is a Question of Fairness’
New York Times* Tags = gay men gay news lesbian news transgender bisexual

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Maine’s Gay Marriage FAces Likely Ballot Initative

Portland, ME – Maine Governor John Baldacci signed into a law today a bill ending the ban on marriage for same-sex couples. The Maine Civil Liberties Union, which lobbied hard for the bill, applauds the governor for recognizing that lesbian and gay couples in the state should no longer be denied the legal protections, recognition and respect that comes with marriage.

“Our great state became the first to end the ban on marriage for same-sex couples solely through the legislative process,” said Shenna Bellows, Executive Director of the Maine Civil Liberties Union. “While we know that the bill signed into law may ultimately have to be approved by the voters, today marks a turning point in the fight for the freedom to marry.”

Although Governor Baldacci had not previously stated publicly whether he would support the bill, he signed it into law just a day after the bill passed the state house by a vote of 89 to 57. Because of the state’s referendum process, it is likely that an initiative will be placed on the ballot where the voters could reject the legislation. Opponents of the freedom to marry have 90 days from the date of adjournment of the legislature to gather just over 55,000 signatures to put the issue on the ballot, which will stay the law from going into effect and bar couples from being able to marry. The initiative will be on the ballot in November 2009 or June 2010.

“We understand that many Maine people on both sides feel as passionately as we do,” added Bellows. “We are confident that if our opponents succeed in making this a referendum issue, the majority of Mainers will vote for fairness.”

To learn more about the fight for marriage in Maine, visit www.mainefreedomtomarry.com.

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