NH panel recommends against gay marriage repeal

 (Concord, NH) A New Hampshire House committee is recommending against repealing the state’s five-week-old gay marriage law.

The Judiciary Committee also voted Tuesday to recommend that the House kill a proposed constitutional amendment that defines marriage as between one man and one woman. The vote was 12-8 on both measures, led …

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Vanasco: NJ delays gay marriage again

I’ve been biting my fingers all week, worried about tomorrow’s vote in the New Jersey state senate for equal marriage.

The bill passed the Judiciary Committee Monday and was scheduled for a vote by the full senate Thursday.

But now plans have changed.

Says the NJ Star-Ledger:
Sens. Ray Lesniak (D-Union) and Loretta Weinberg …

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Sen. Jeff Sessions Irked By Lesbian Mom’s Crying Child: “Enough With The Histrionics” (VIDEO)

Yesterday the Senate Judiciary Committee had a hearing on the Uniting American Families Act, a bill that will “amend the Immigration and Nationality Act to eliminate discrimination in the immigration laws by permitting permanent partners of United States citizens and lawful permanent residents to obtain lawful permanent resident status in the same manner as spouses of citizens and lawful permanent residents and to penalize immigration fraud in connection with permanent partnerships.” Of course, some of the discrimination that the bill would eliminate would benefit same-sex couples, so, CONTROVERSY!

One of the people who testified in support of the bill was a woman named Shirley Tan, who is in a same-sex relationship and thus caught in the crosshairs of existing law. The New Republic‘s James Kirchick documents her circumstances thusly:

Testifying was Shirley Tan, a Fillipino woman who has been with her American partner for 23 years. Together, they are raising twelve-year-old twin boys. She originally left the Phillipines after suffering a violent attack from a man who murdered her mother and sister (one of the reasons why Tan does not want to return to her native country, aside from the fact that her partner and children live in the U.S., is that the man who brutalized her has since been released from prison.) Tan was originally scheduled to be deported on April 3rd, but won a reprieve after Senator Diane Feinstein introduced a private bill allowing her to stay in the country temporarily.

Almost right from the start of Tan’s testimony, one of Tan’s young children started crying. The committee chairman, Pat Leahy, paused the testimony and offered the child some measure of comfort. According to Kirchick, these kindly sentiments were not shared by everyone on the committee:

For most people, the sight of a 12-year-old boy in tears at the prospect of his mother being deported halfway around the world would invoke some sympathy. Unmoved, however, was Alabama Republican Jeff Sessions, ranking minority member of the Committee and the only Republican to bother to attend the hearing. At the sight of the weeping boy, according to a Senate staffer who was at the hearing, Sessions leaned towards one of his aides and sighed, “Enough with the histrionics.” Sessions’s press secretary did not return a call seeking comment.

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Senate to Hold First-Ever Hearing Addressing Anti-Gay Discrimination in U.S. Immigration Law

June 3rd Judiciary Hearing Will Debate Uniting American Families Act

The Senate Judiciary Committee will hold its first-ever hearing on The Uniting American Families Act (UAFA), a bill to end discrimination against lesbian and gay Americans in U.S. immigration law and allow lesbian and gay citizens to sponsor their partners for residency in the United States.

The hearing was scheduled by Senator Patrick Leahy (D-VT), Chairman of the Judiciary Committee and the lead Senate sponsor of UAFA. Witnesses will include binational couples who have been separated, or face separation, because of discriminatory U.S. immigration law.

 An estimated 36,000 binational couples are affected by U.S. laws prohibiting gay and lesbian Americans from sponsoring their partners for residency. Countless lesbian and gay families, including many with children, are torn apart by U.S. immigration law, or are forced to leave the United States to remain together. While 19 other nations allow lesbian and gay citizens to sponsor their partners, the United States continues to discriminate against tens of thousands of families. As the nation prepares to consider immigration reform, the Judiciary Committee hearing will provide an important opportunity for lawmakers to hear from some of those families.

The session is set for Wednesday, June 3, 2009, 10:00 a.m. in Room 226 – Dirksen Senate Office Building, Washington, D.C.

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Same-Sex Unions Supplant Abortion As Social Priority for Conservatives In Fight Over High Court Pick

As President Obama prepares to name his first Supreme Court justice, conservatives in Washington are making clear that his nominee will face plenty of questions during the confirmation process on the legal underpinnings of same-sex marriage.

In addition to shedding more light on the nation’s most contentious unfolding social drama and legal frontier, Senate Republicans say the debate could provide a road map to an Obama nominee’s judicial philosophy.

“It may reflect the degree to which they think that they’re not bound by the classical meaning of the Constitution, and that they may want to let a personal agenda go beyond what the law said,” said Sen. Jeff Sessions (Ala.), the senior Republican on the Senate Judiciary Committee.

Questions on social issues in confirmation hearings have tended for the past 30 years to focus squarely on abortion, with partisans from both sides poring over a nominee’s writings and rulings and presidents typically denying that any “litmus test” was employed in the selection.

Same-sex marriage carries the same freighted potential to dominate a hearing, conservatives say.

“It is now the flash point where politics and law meet. That flash point used to be abortion. I don’t think anybody thinks that’s going to be the flash point in this nomination,” said William A. Jacobson, a Cornell University law professor and conservative blogger.

Sen. Orrin G. Hatch (Utah), another GOP member of the Judiciary Committee, said conservatives are particularly eager to avoid a Supreme Court ruling akin to the 1973 Roe v. Wade decision, which legalized abortion nationwide and has divided the country ever since. “I don’t think members of the court, or any of us, ever want to see a decision like that again,” Hatch said. Obama assured the senator in a recent meeting that he will not pick a “radical” to replace Souter, but Hatch added: “Presidents always say that. That’s why we have the hearing process.”

Same-sex marriage gained national resonance in the wake of last month’s Iowa Supreme Court ruling that legalized the practice in that state. And in the two weeks since Justice David H. Souter announced his retirement, Maine also legalized same-sex marriage, becoming the fifth state to do so; the New Hampshire legislature sent a marriage-equality bill to the governor; the New York State Assembly approved gay-marriage legislation; and the District of Columbia voted to recognize same-sex marriages performed elsewhere.

Those actions, in so short a time, have outstripped the ability of Democrats in Washington to stake out their public position on the issue. MORE at Washington Post

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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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California Assembly passes legislation that extends protections for the LGBT community

This week the California Assembly passed legislation that extends protections for the LGBT community with the most support of any EQCA-sponsored bill in history.
In a legislature that votes mostly on party lines on social issues, your direct grassroots action with EQCA has resulted in increased support for our legislation—proving that equality is not a partisan issue.
The bill, which will require prisons to include sexual orientation and gender identity when identifying prisoners who need protection, passed by an overwhelming margin of 65 to 9. 14 of the 29 Republican members voted for the legislation and 6 members abstained from the vote.
This recent victory is just one result of the hard work we have done together to gain more and more support for LGBT equality. Through your countless emails and lobby visits over the years you have shown all members of the Legislature the vital importance of LGBT equality. Members have told me personally that hearing stories from their constituents has only increased their support for EQCA’s legislation.

All of EQCA’s current legislation continues to pass their committees, including yesterday’s Assembly Judiciary Committee vote to make changing one’s gender identification more accessible for transgender persons and last week’s bipartisan vote in the Senate Education Committee to designate May 22 as Harvey Milk Day.

And this recent activity is evidence that the arc of equality always bends toward progress.

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Maine: Vote on Gay Marriage Expected

The joint judiciary committee of the Legislature approved a bill to allow same-sex marriage in the state, setting the stage for the House and Senate to vote on it as soon as next week. Eleven of the 14 committee members voted in favor of the bill, two voted against it and one proposed letting voters decide the matter in a referendum. Gov. John Baldacci, a Democrat, has not said whether he will sign the bill. The New Hampshire House of Representatives approved a same-sex marriage bill last month, and the Senate is scheduled to take it up Wednesday.

See

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Maine Judiciary Committee Endorses Gay Marriage

A same-sex marriage bill is going to the Maine Senate and House with a strong committee endorsement.

Eleven of the 14 Judiciary Committee members voted Tuesday to pass the bill, while two voted against it and one proposed sending it to voters in a November referendum. Gov. John Baldacci remains undecided.

Supporters said the bill corrects an inequality that’s long existed in Maine law, while one of the opponents pointed to overwhelming constituent opposition to the bill.

Republican Sen. David Hastings of Fryeburg said he prefers sending a straightforward question to voters.

 See Maine Judiciary Committee Endorses Gay Marriage

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New Hampshire set for divisive gay marriage vote -

New Hampshire moves to the forefront of America’s debate on gay marriage on Wednesday when the state Senate will decide whether to approve a bill to legalize same-sex marriage and send it to the governor.

By a vote of 3-2 on Thursday, New Hampshire’s Senate Judiciary Committee said the bill was “inexpedient” to legislate, recommending the full senate defeat it.

The committee’s chairman, Senator Deborah Reynolds, said New Hampshire took a major step in legalizing civil unions last year — the fourth state in the country to do so — and needs some time to “build consensus on this issue”.

The Democrat joined two Republicans to vote against it.

On Wednesday, the committee’s recommendation will get the first vote. Thirteen of the state’s 24 senators are needed to kill the bill. If the senate splits at 12-12 or if a majority wants to keep it alive, a motion to pass could be entertained.

The bill, which would redefine marriage to include same-sex couples and make New Hampshire the fifth state in the country where gay marriage is legal, could also end up tabled, where it could remain in political limbo. If it passes, a likely veto by the governor could derail any Granite State gay marriage law.

See New Hampshire set for divisive gay marriage vote

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