Gay Hawaiians file suit for equal rights

Six couples represented by Lambda Legal and ACLU filed suit asking for couple recognition and rights.

From Lambda Legal:

(Atlanta) In the U.S. District Court for the Northern District of Georgia today, Lambda Legal and co-counsel filed a lawsuit against the city of Atlanta, the Chief of Police and 48 individual officers of the Atlanta Police Department on behalf of 19 individuals who, on Sept. 10 at …

Lambda Legal files suit in AZ

Lambda Legal filed suit to keep AZ from rescinding gay DP benefits, citing equal pay for equal work.

Lambda Legal files suit to prevent Ariz. from stripping domestic partner benefits

From Lambda Legal:

(Tuscon, Ariz.) Lambda Legal has filed a federal lawsuit in U.S. District Court in Tucson to block a move to strip domestic partner benefits from gay and lesbian state employees. Arizona lawmakers included a provision stripping domestic partner health benefits from state employees as part of a last-minute …

Gay Rights Groups Seek to Intervene in Federal Challenge to Calif. Same-Sex Marriage Ban

Gay rights groups’ attempt to intervene in a federal challenge of California’s Proposition 8 has created a rift with the high-powered attorneys heading the case, turning erstwhile allies into head-butting competitors.

Both sides have diverging visions of legal strategy. The gay groups are pushing a cautious, narrow approach based on the circumstances of Prop 8, while Theodore Olson, David Boies and their backers are seeking a decisive victory for all gay couples under the U.S. Constitution.

The civil rights groups — the National Center for Lesbian Rights, Lambda Legal Defense and Education Fund and the American Civil Liberties Union — are also worried that the Olson/Boies team is underestimating the importance of U.S. District Chief Judge Vaughn Walker’s insistence on a fully developed factual record. They moved this month to intervene (pdf) so they can present evidence of historic discrimination against gays and lesbians and answer Walker’s questions, such as whether sexual orientation can be changed and whether same-sex marriages destabilize opposite-sex marriages.

See Gay Rights Groups Seek to Intervene in Federal Challenge to Calif …

Above the Law

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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.

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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.