Gay activists applaud Kagan – tepidly

Gay legal activists are applauding President Obama’s second nominee to the U.S. Supreme Court [1]: Solicitor General Elena Kagan. But it could hardly be described as a standing ovation.

Former Clinton White House aide Richard Socarides called Kagan a “brilliant, pragmatic progressive interested in listening to all sides and building coalitions.”

Lambda Legal Defense and Education Fund Executive Director Kevin Cathcart called Kagan “a strong position” in opposing the military’s ban on gays but noted that Obama administration has also “taken legal positions on ‘Don’t Ask, Don’t Tell’ and the so-called ‘Defense of Marriage Act’ with which we strongly disagree.”

Human Rights Campaign President Joe Solmonese applauded her selection as fulfilling Obama’s promise to promote “diversity” on the court.
If confirmed, Kagan would become only the fourth woman ever named to the court –out of 104 justices in the history of the court.

Kagan is of particular interest to the LGBT community. While serving as dean of Harvard Law School, she took sides with gays against military recruiters because the military would not abide by the school’s non-discrimination policy. That policy prohibited recruiters who discriminated based on sexual orientation.

Kagan clerked for one of the Supreme Court’s staunchest liberals, Thurgood Marshall, and was a research assistant for one of the greatest legal defenders of gay civil rights, Laurence Tribe.

Single and 50, she was also the subject of a CBS News website blog report last month which claimed that, if named to the court, Kagan would be the “first openly gay justice.” But Kagan has not publicly identified with any sexual orientation, and the White House moved quickly to say the report was “inaccurate.”

The president announced his selection at a 10 o’clock press conference this morning.

Socarides called Kagan “one of the smartest people I know” and “someone the country will come to like and respect.”

“Her thinking is well within the mainstream,” said Socarides, and “very much in keeping with Obama’s overall philosophy…. Pretty much a home-run appointment.”

Shannon Minter of the National Center for Lesbian Rights called Kagan “well-qualified” and said members of his organization “strongly support increasing the number of women on the court.”

Lambda’s Cathcart said he did not expect Kagan “to answer questions about how she would rule on specific issues such as these that will come before her.” But he said Lambda does “expect that she will respond to questions about her judicial philosophy and her understanding of core constitutional principals of equal protection and privacy that are so crucial to the civil rights of people who face discrimination based on sexual orientation, gender identity and/or HIV status.”

Long-time gay legal activist Paula Ettelbrick, an adjunct professor of law at New York University Law School, said Kagan’s nomination is “most historic” and that “it moves women’s representation on the Court to a more meaningful plurality.”

Mainstream news organizations immediately set about assessing her odds for confirmation. MSNBC speculates both conservatives and liberals could criticize her. Commentator-reporter Chuck Todd said conservatives would fault Kagan over her opposition to military recruiters at Harvard. He said liberals could fault her for defending some policies put in place by the administration of President George W. Bush.

In introducing Kagan to the press conference Monday morning, Obama praised Kagan for having sought conservative views to balance liberal views at Harvard. During her confirmation process for Solicitor General last year, the Senate Judiciary Committee received letters in support of Kagan from such well-known conservatives as former Solicitor Generals Charles Fried and Kenneth Starr, and such well-known liberals as Eleanor D. Acheson.

Her confirmation as Solicitor General was opposed, as expected, by some ultra-conservative groups, including Concerned Women for America, who faulted her for opposing military recruiters, as well as Focus on Family and more than a dozen other groups who said she could not be counted on to defend “Don’t Ask Don’t Tell.”

Kagan, an attorney, has never served as a judge but is widely respected as a legal scholar.

NCLR’s Minter said, “Because she has not served previously as a judge, it will be important to hear more about her judicial philosophy and whether she has a strong commitment to enforcing constitutionally protected rights and liberties. “

Given that she filled out the Senate Judiciary Committee’s lengthy questionnaire just last year, the vetting of her by various senators should go fairly rapidly.

In response to questions from the Judiciary Committee last year, Kagan said she views as “unjust the exclusion of individuals from basic economic, civic, and political opportunities of our society on the basis of race, nationality, sex, religion, and sexual orientation.” But she also said she was “fully convinced” she could defend U.S. laws even when they do not reflect her personal views, including the federal law which penalizes universities which ban military recruiters.

Kagan’s questionnaire also indicated that she delivered a welcoming address to introduce panel members at a Harvard University Gay and Lesbian Alumni event in September 2008. And in April 2006, she moderated a panel of the LAMBDA Student Organization concerning the “Relationship between Law Schools and the Military.” Such participation is fairly typical of law school deans and her list includes an even greater number of appearances before groups promoting civil rights for black law students.

Senators Orrin Hatch and Jon Kyl, two Republicans on the Senate Judiciary Committee who voted for Kagan as Solicitor General, issued statements

Monday morning saying their vote is not guaranteed for the Supreme Court appointment.

If confirmed, Kagan will become the third woman on the U.S. Supreme Court today and the second unmarried justice. Justice Sonia Sotomayor,

Obama’s first nominee to the Supreme Court, was married briefly but divorced in 1983.

A press release from HRC applauded Kagan’s “commitment to fairness and equality.”

“Specifically, we applaud Elena Kagan’s vocal opposition to the Solomon Amendment and the discriminatory ‘Don’t Ask, Don’t Tell’ law.

HRC said it would continue examining Kagan’s record on issues that affect the LGBT community.

Kagan’s nomination is being made to fill the seat of retiring Justice John Paul Stevens, who announced his retirement last month.

The composition of the Supreme Court is increasing critical to the LGBT civil rights movement. Three important cases seeking equality in marriage rights are winding their ways to the high court and it seems nearly inevitable that the high court will choose to weigh in on at least one, if not all three. The court will also hear a case this fall that will determine whether a virulently anti-gay protest group has a First Amendment right to stage their demonstrations in ways that disrupt private funeral services.

While many nominees introduce close members of their family at the press conference, Kagan noted that her parents had already passed away and said she was “thankful for my brothers and other family and friends” for being there with her.

[1] http://www.365gay.com/news/ap-source-elena-kagan-picked-for-supreme-court/

LGBTQ Student Rights in the Wake of Tragic Suicides

‘Every student deserves the right to a respectful and affirming experience in school hallways and classrooms. We owe it to Jaheem Herrera and Carl Joseph Walker-Hoover to make sure that school officials, teachers and fellow students take a stand against LGBT-related harassment every day.’

(New York, April 27 2009) — Lambda Legal today issued the following statement in response to the tragic suicides of Jaheem Herrera of Dekalb County, Georgia, and Carl Joseph Walker-Hoover, of Springfield, Massachusetts, both 11-year-olds who faced antigay harassment and bullying.
Statement from Kevin Cathcart, Executive Director of Lambda Legal:

“This has been a somber time for everyone who heard the terrible news of two young people taking their own lives after being the targets of antigay physical and emotional abuse. We extend our sincere condolences to the families and loved ones of these young boys.
“The tragic deaths of Jaheem Herrera and Carl Joseph Walker-Hoover underscore the importance of safe schools where harassment and violence based on racist, sexist, antigay or other biased attitudes are not tolerated. Unfortunately, there is much work to be done. Harassment of LGBTQ students and those perceived to be LGBT remains a serious problem across the country. Lambda Legal pledges to continue to stand up for students and hold schools accountable for preserving their rights and integrity. We applaud schools that stand up for safety and respect for all students because any student can be the target of LGBT-related bullying and harassment.

“Lambda Legal has played a key role in securing equality for LGBTQ and allied youth and standing up for their rights in schools. We advocated for students’ rights to an environment of safety and respect in communities from New York and New Jersey to Oregon to California and Georgia. In 1996 we made history with the first legal challenge to antigay violence in public schools on behalf of Jamie Nabozny, in Nabozny v. Podlesny, and in our 2000 case, Colin v. Orange Unified School District, we established the obligation of schools to allow Gay Straight Alliance’s on equal terms with other student activities.

“Every student deserves the right to a respectful and affirming experience in school hallways and classrooms. We owe it to Jaheem Herrera and Carl Joseph Walker-Hoover to make sure that school officials, teachers and fellow students take a stand against LGBT-related harassment every day, and at Lambda Legal we will continue our work in schools to help prevent similar tragedies from occurring.”
Lambda Legal will join the Faith and Community Alliance and other community groups at a vigil for Jaheem Herrera on Tuesday, April 28, 6 p.m. to 8 p.m., First Christian Church of Decatur ,601 West Ponce de Leon Ave., Decatur, GA.
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Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and those with HIV through impact litigation, education and public policy work.

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Original source : http://gay_blog.blogspot.com/2009/04/lgbtq-student…

Lambda Legal Urges Unbiased Nominees to Fill 54 Federal Bench Vacancies

‘The foremost consideration in nominating federal judges should be their commitment to rendering decisions impartially.’
(New York, January 15, 2009) — As inauguration day draws near, Lambda Legal sent a letter to President-Elect Obama and the leadership of the Senate Judiciary Committee, explaining the monumental need for fair and impartial nominees to the federal bench who will address issues facing the gay community without bias.
“In the coming years, a number of key issues that significantly impact the gay community are likely to arise in the federal courts,” said Lambda Legal Executive Director Kevin Cathcart, “The foremost consideration in nominating federal judges should be their commitment to rendering decisions impartially.”
During his two terms, President Bush appointed 326 judges to the federal bench.
“It is no secret that the Bush Administration’s goal was to pack the federal courts at all levels with arch-conservative judges who would be unfriendly to the vigorous protection of civil rights — not only for gay people, but for everyone,” said Cathcart.
“To start, President-Elect Obama will have 54 vacancies to fill and we hope that those nominees can provide balance to what has become a federal system that is often hostile the gay community,” added Cathcart.
Today’s letter is a follow-up to a memo Lambda Legal provided to the Obama Transition Team. It urges President-Elect Obama to nominate federal justices who adhere to precedents established in cases of importance to the gay community- including the right to privacy, protection against laws based on antigay bias, the right to sue in state courts under the Americans with Disabilities Act (ADA) and protections against HIV discrimination, among others.
Finally, the letter seeks to promote judicial integrity through nomination of jurists who represent the nation’s diversity including people who identify as lesbian, gay, bisexual, transgender, people of color, women, and those with public defender and public interest legal backgrounds.
To read the full text of the letter submitted, please visit Lambda Legal’s website www.lambdalegal.org or the email version of this press release includes an attached PDF of the letter.