Gay & Lesbian community responds to Gov. Gibbons veto
Monday, Governor Jim Gibbons vetoed SB 283-the Domestic Partner Bill that Revises provisions governing the rights of domestic partners. SB 283 would establish a Domestic Partner registry through the Secretary of State’s office where couples, whether same-sex or opposite-sex, could register their relationships with the state and enjoy the protections granted to spouses under Nevada Revised Statutes. State Senator David Parks introduced the bill in an effort to provide same-gender and opposite-gender couples the legal protection and obligations for one another not otherwise allowed under current law in Nevada.
Gibbons writes that he vetoed the bill based on his opinion that it violates Section 21 of Article 1 of the Nevada Constitution. He surmises the will of the voters expressed in Question 2-which amended the Nevada Constitution in 2002, to define Marriage as, “Only a marriage between a male and female person shall be recognized and given effect in this state,” without providing any basis for his opinion. Legal opinions expressed by experts in legislative testimony during hearings on SB 283, and the opinion issued by the Legislative Council Bureau contradict his reasoning. Gibbons also claims in his letter that couples can contract privately through “estate planning…living wills..and amendments to leases and deeds of trust.” “If legal contracts were as simple as Governor Gibbons claims, more people would enter into them-same-gender couples or otherwise. The process of drawing up legal documents is expensive, time consuming and easily challenged in court. There is no guarantee that these contracts will stand up in court. LGBT couples seek only to provide security for their partners and families and that the decisions they make for one another will actually be binding,” said, Jennifer Bolton, Center Board Vice President. See Gay & Lesbian community responds to Gov. Gibbons veto
KTNV Las Vegas * Tags = gay men gay news lesbian news transgender bisexual
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Gay rights advocates rip suit to undo Prop. 8
Gay rights advocates Wednesday blasted two veteran attorneys for filing a federal lawsuit seeking to overturn Proposition 8, California’s voter-approved same-sex marriage ban, saying the move is premature and could be disastrous for the marriage movement.
While they knew of the objections, attorneys Theodore B. Olson and David Boies – who opposed each other during the 2000 Bush v. Gore presidential election case – filed the suit Friday in San Francisco on behalf of two same-sex couples who wanted to be married but were denied because of Prop. 8.
The suit claims the voter-approved measure, which the California Supreme Court affirmed Tuesday, denies same-sex couples the basic liberties and equal protection under the law guaranteed by the 14th Amendment. It asks for a preliminary injunction against Prop. 8 until the case is decided.
Olson said he filed the case not only on behalf of his clients, who include Berkeley residents Kris Perry and Sandy Stier, but on behalf of gay couples elsewhere who want to get married but can’t.
“We can’t tell them to wait, what, five years” for their state to approve same-sex marriage, he said, but acknowledged that it could take two years for his case to reach the U.S. Supreme Court.
While Olson shares the same end goal as same-sex marriage advocates, he doesn’t share their political strategy – to win states individually, with ballot initiatives or laws approved by state legislatures. Several same-sex marriage advocates intend to put the issue to voters in November 2010.
Olson thinks both strategies can work simultaneously. But many gay legal advocates are urging same-sex couples to avoid filing federal lawsuits because federal courts have not been as friendly to gay rights issues See * Gay rights advocates rip suit to undo Prop. 8 San Francisco Chronicle Tags = gay men gay news lesbian news transgender bisexual
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Moscow Police Smother Rally for Gay Rights as It Begins
MOSCOW — Police officers in Moscow quickly suppressed a gay rights demonstration on Saturday, detaining dozens of protesters who hoped to showcase discrimination in Russia ahead of the Eurovision song contest final on Saturday evening.
The approximately 40 people rounded up face misdemeanor charges for trying to hold what a police spokesman, Anatoly Lastovetsky, called “unsanctioned” demonstrations.
Such demonstrations have become an annual headache for the Moscow authorities, who refuse to grant permission to organizers to hold the events despite constitutional guarantees protecting freedom of assembly. At previous gay rights events, police officers have often stood by as neo-fascists and radical Orthodox Christian groups attacked protesters.
While there were no reports of violence on Saturday, the crackdown on this year’s protest could prove an embarrassment as thousands of European visitors enter the city for the Eurovision final, a huge pop music spectacle that Moscow is hosting for the first time after Dima Bilan, a Russian pop star, won last year’s contest in Serbia. See Moscow Police Smother Rally for Gay Rights as It Begins New York Times
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Busy First Day For Cleveland’s Gay Partner Registry
Cleveland city leaders offered a warm welcome to gay and lesbian couples arriving at City Hall to take advantage of a new domestic partner registry taking effect Thursday.
Gay advocates celebrated with a rally on the steps of City Hall. Six council members attended the rally, including Council Members Jay Westbrook, Joe Cimperman and Joe Santiago.
Registering with the city is mostly a symbolic act. Registered couples receive no guaranteed benefits or protections; any benefits gained would be strictly voluntary.
The registry’s shortcomings, however, appeared to be lost on the steady stream of couples lining up for it. Sixty-four couples, mostly gay or lesbian, had paid the $55 registration fee by 2PM, openly gay Councilman Santiago told On Top Magazine.
Opposition to the registry appears to have diminished since ministers called for its repeal in January. A group of mostly black ministers lead by Rev. C. Jay Matthews failed in an effort to stop the registry from taking effect. And while the group has vowed to place a referendum on the November ballot, it appears they missed a March deadline. See:
- Busy First Day For Cleveland’s Gay Partner Registry On Top Magazine
- Cleveland begins domestic partner registry for gay and other … Cleveland News – Fox 8
- Cleveland’s Domestic Partner Registry a powerful symbol — Regina … The Plain Dealer – cleveland.com
- Historic Day As Cleveland Opens Domestic Partner Registry Today E-Portage
* Tags = gay men gay news lesbian news transgender bisexual
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Maine legalizes same-sex marriage
Same-sex marriage became legal in Maine on Wednesday as Gov. John Baldacci signed a bill less than an hour after the state legislature approved it.
“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,” said Baldacci, a Democrat.
But he raised the possibility that the residents of the state would overturn the law, saying, “Just as the Maine Constitution demands that all people are treated equally under the law, it also guarantees that the ultimate political power in the State belongs to the people.”
Three other states — Massachusetts, Connecticut and Iowa — allow same-sex marriages. Vermont has passed a law making gay and lesbian marriages legal that takes effect in September. New Hampshire lawmakers are close to passing a similar bill.
On Tuesday, the Washington City Council voted to recognize same-sex marriages from states that allow those unions. Mayor Adrian Fenty has indicated that he will sign the measure. It will become law if Congress fails to overturn the measure during a 30-day review period. See Maine legalizes same-sex marriage
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Same-sex marriages gradually gain legal ground
“There’s a sense people have — a sense of inevitability — and a tremendous sense of frustration because of the history of the gay rights fight in Maine,” said Michael Heath, executive director of the Maine Family Policy Council.
Those rights are expanding as legally married gay couples relocate to states that don’t allow same-sex marriage, forcing courts, legislatures and employers to deal with the resulting issues of custody, divorce, inheritance and end-of-life decisions.
The adoption ruling in Maine had the effect of granting parental rights to same-sex couples. By the time the Legislature adjourns for the summer, experts expect Maine to become the fifth state to legalize same-sex marriage — 11 years after voters banned it.
In California, federal judges have twice overruled decisions by the federal government to deny healthcare coverage to gay employees’ legal spouses, teeing up a constitutional challenge to the 1996 Defense of Marriage Act, which forbids federal benefits for same-sex couples.
Same-sex marriage is legal in Connecticut, Iowa, Vermont and Massachusetts, which began the trend five years ago. (Iowa issued its first marriage licenses April 27, a few weeks after its Supreme Court gave approval; weddings in Vermont will begin in September.) Within a year, Maine, New Hampshire, New Jersey and New York will probably follow suit, say sexual orientation scholars at the UCLA School of Law’s Williams Institute; New Hampshire’s Senate approved a same-sex marriage bill Wednesday.
And as more same-sex couples wed in places where it is legal, the administrative fallout in other states is expected to keep expanding.
“The courts are going to have to wrestle with these issues as more and more states make it possible for people to marry,” said Toni Broaddus, executive director of the San Francisco-based Equality Federation. “People don’t stay in the same state for their whole lives anymore, so the courts in states without marriage equality are going to have to address these issues.”
The recent moves in New England and the heartland to legalize gay marriage appeared to reinvigorate campaigns for passage of same-sex marriage bills in Maine, Maryland and Hawaii. Rights advocates predict the tide will eventually sweep even into some of the 30-plus states that have passed laws or constitutional amendments defining marriage as between a man and a woman.
“A body of law is emerging because it has no choice. Cases have been filed and they have to be decided one way or another,” said Joseph Milizio, a Long Island lawyer specializing in gay and lesbian representation.
The legal developments allow people to become comfortable with “the fact that gay marriage is going to be recognized in many different aspects, even in states that don’t allow it,” said Milizio, whose firm recently secured the first dissolution of a same-sex marriage in New York.
In the workplace, proponents of extending spousal rights such as healthcare benefits and life insurance to same-sex couples have succeeded by challenging employment practices that discriminate on the basis of sexual orientation. Seven states, including California, now guarantee full equality to same-sex couples — another incremental advance that is lamented by opponents.
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New Mexico Agrees To Provide Retirement Health Insurance To Domestic Partners Of State Employees
“We are very pleased that the state has agreed to settle this litigation and provide the insurance. It wasn’t fair that the state forced lesbian and gay employees to pay the high cost of health care for often inferior health insurance for their families when they worked just as hard as their straight colleagues,” said Peter Simonson of the ACLU of New Mexico. “I’m sure this will be welcome news to all lesbian and gay state employees, but especially to those who have retired or are planning to do so soon.”
The ACLU brought the lawsuit on February 5, 2007 on behalf lesbian and gay state employees and their domestic partners. The lawsuit charged that it was a violation of the state constitution’s equal protection guarantees for the state to treat lesbian and gay employees differently from its straight employees. The settlement will reached with the state will cover both gay and straight employees and their domestic partners. The ACLU brought the lawsuit on February 5, 2007 on behalf lesbian and gay state employees and their domestic partners. The lawsuit charged that it was a violation of the state constitution’s equal protection guarantees for the state to treat lesbian and gay employees differently from its straight employees. The settlement will reached with the state will cover both gay and straight employees and their domestic partners.
“This is fantastic news. We can finally start planning our retirement,” said Havens Levitt who has been a teacher for the Albuquerque public school for 25 years. “Until now, our only option was for me to keep working because my partner’s employment doesn’t provide insurance for her and private insurance was just too expensive. It means a lot that the state has acknowledged I should be treated the same as my straight colleagues.” Levitt and her partner, Rebecca Dakota, have been partners for 13 years. Dakota is a self-employed consultant to non-profits and an independent filmmaker.
Pursuant to the settlement, the state has agreed to develop a process for enrolling those interested during the next open enrollment period, which comes this fall.
The legal team for the ACLU in Levitt and Dakota v. New Mexico is George Bach, staff attorney with the ACLU of New Mexico, Ken Choe, a senior staff attorney with the Lesbian Gay Bisexual Transgender Project of the ACLU, and cooperating attorney Maureen Sanders of Sanders & Westbrook, P.C.
Additional information about the case including a Q&A and the legal papers is available at http://www.aclu.org/lgbt/relationships/28241res20070205.html.
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Lambda warns school officials : hands off South Medford High School student and Gay Straight Alliance
(Medford, Oregon, April 17, 2009) — Lambda Legal has sent a letter of support to South Medford High School Principal Kevin Campbell, Medford School District Superintendent Phil Long, and the School Board on behalf of South Medford High School student and Gay Straight Alliance member Connie McNair.
The letter objects that school officials have been imposing restrictions on the Medford High GSA to which no other on-campus group is subject and that seriously burden club members’ free speech and associational rights. These include requiring GSA members to get prior approval for their announcements and activities from an assistant principal, deeming the club’s legitimate educational activities illicit “proselytizing,” and even prohibiting the club from formally announcing today’s “Day of Silence.” The Day of Silence is a national event calling attention to anti-gay bullying and harassment in schools.
In the letter, Lambda Legal Staff Attorney Tara Borelli writes “While we hope that the school’s actions to deter the GSA’s activities are simply the result of confusion about its obligations, the law in this area is well-established and school’s unequal treatment of the GSA is difficult to understand and should be remedied swiftly.”
In addition to the freedom of speech guaranteed by the Constitution, public school students are also protected by the federal Equal Access Act. The EAA says that if a school receives federal funds and allows extracurricular student groups to meet, it cannot discriminate against any of the groups based on the content of its speech. GSA groups across the country have used the EAA in court to protect their right to free speech.
“It’s simply unlawful for South Medford High School to create unequal obstacles for Connie or the GSA, or to stifle the GSA’s announcements about the Day of Silence,” said Borelli. “We want to remind South Medford school officials that they have a responsibility to protect lesbian, gay, bisexual and transgender students, and we’re asking them to lift any restriction applying to the GSA but not to other groups.
“All we want is safety and equality within our school,” said McNair. “Our GSA members want
students, school officials, and the community to know that we can’t be discriminated against based on our speech or activities.” * Tags = gay men gay news lesbian news transgender bisexual
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Lambda slams school officals re: South Medford High School student and Gay Straight Alliance
(Medford, Oregon, April 17, 2009) — Lambda Legal has sent a letter of support to South Medford High School Principal Kevin Campbell, Medford School District Superintendent Phil Long, and the School Board on behalf of South Medford High School student and Gay Straight Alliance member Connie McNair.
The letter objects that school officials have been imposing restrictions on the Medford High GSA to which no other on-campus group is subject and that seriously burden club members’ free speech and associational rights. These include requiring GSA members to get prior approval for their announcements and activities from an assistant principal, deeming the club’s legitimate educational activities illicit “proselytizing,” and even prohibiting the club from formally announcing today’s “Day of Silence.” The Day of Silence is a national event calling attention to anti-gay bullying and harassment in schools.
In the letter, Lambda Legal Staff Attorney Tara Borelli writes “While we hope that the school’s actions to deter the GSA’s activities are simply the result of confusion about its obligations, the law in this area is well-established and school’s unequal treatment of the GSA is difficult to understand and should be remedied swiftly.”
In addition to the freedom of speech guaranteed by the Constitution, public school students are also protected by the federal Equal Access Act. The EAA says that if a school receives federal funds and allows extracurricular student groups to meet, it cannot discriminate against any of the groups based on the content of its speech. GSA groups across the country have used the EAA in court to protect their right to free speech.
“It’s simply unlawful for South Medford High School to create unequal obstacles for Connie or the GSA, or to stifle the GSA’s announcements about the Day of Silence,” said Borelli. “We want to remind South Medford school officials that they have a responsibility to protect lesbian, gay, bisexual and transgender students, and we’re asking them to lift any restriction applying to the GSA but not to other groups.
“All we want is safety and equality within our school,” said McNair. “Our GSA members want
students, school officials, and the community to know that we can’t be discriminated against based on our speech or activities.”
Lambda Legal has given school officials until May 1 to respond to the letter.
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Equality California Expands Marriage Fight, hire leaders to strengthen work in communities of color, faith and to ensure the freedom to marry for same-sex couples
SAN FRANCISCO – Equality California is bringing two leaders on board to expand EQCA’s efforts to achieve full equality for lesbian, gay, bisexual and transgender (LGBT) people, including the freedom to marry for same-sex couples. Marc Solomon will lead EQCA’s efforts to restore and keep the right to marry and increase public support and acceptance of LGBT families as its marriage director. Solomon led the fight to protect marriage equality in Massachusetts as the executive director of MassEquality.
Andrea Shorter will serve as coalition coordinator to strengthen and expand statewide coalition building efforts and to help bring resources and support to LGBT organizations, especially those who concentrate on issues impacting communities of color and faith. Shorter is co-founder and director of And Marriage For All, a public-education campaign that engages communities of color in dialogue about the freedom to marry for same-sex couples.
“We are thrilled to have such extraordinary, accomplished leaders join our team as we continue our efforts to achieve full equality for LGBT people and to keep doing the long-term work of changing hearts and minds,” said Geoff Kors, executive director of Equality California.
Solomon has worked full-time on efforts to protect marriage equality since February, 2004, just after the Massachusetts Supreme Judicial Court ruled that the Massachusetts Constitution guaranteed the right of same-sex couples to marry.
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