Gay-friendly judge wins Ore. Supreme Court race
(Portland, Ore.) An appeals court judge who wrote a historic opinion extending gay and lesbian rights, has won a seat on the Oregon State Supreme Court.
Jack Landau, an Oregon Court of Appeals judge, on Tuesday defeated Allan J. Arlow, an administrative law judge with the Oregon Public Utilities Commission.
Landau had 71 percent of the votes, with 56 percent of the expected vote counted.
As an appeals court judge, Landau wrote the opinion in Tanner v. OHSU, which ruled that employers cannot discriminate against gay and lesbian couples when providing health care benefits.
The Supreme Court seat opened with the retirement of Justice W. Michael Gillette.
Namibia city hosts first gay rights march
About 40 people are expected to march in Keetmanshoop’s first-ever march for gay and lesbian rights on Saturday.
Keetmanshoop, in the southern part of Namibia, near the gay-friendly South Africa, is marking the inauguration of Ada Ma/Hao (We stand together), a new project advocating for equal rights for gender minorities in …
Homosexuals dispel myth of “progressive”
Each year in Germany, from the end of June through August, gay and lesbian rights’ activists celebrate the “Stonewall” uprising – named after a gay bar on Christopher Street in New York, where homosexuals fought back against police brutality in 1969.
Participants in the German parades known as “Christopher Street Day” join other activists around the world who take to the streets to demonstrate gay pride and demand greater freedoms.
Some of those freedoms would include expanded civil rights. In Germany, civil unions, for instance, have been permitted among same-sex couples since 2001, but full marriages are not. Homosexual couples therefore do not enjoy the same rights as married heterosexual couples when it comes to taxes, retirement, civil servant benefits, or adoption law.
For more on gay and lesbian rights and the community in Germany, click on the links below, or listen to this week’s “Living in Germany” program to hear a more personal account of a homosexual civil union.
DW-WORLD.DE
Audios and videos on the topic
See Homosexuals dispel myth of “progressive” Germany Deutsche Welle
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Law Extends Parental Rights for Gays
Lesbians in the District no longer will need the written consent of their partners to adopt children born to their partners through artificial insemination, under a new law that took effect Saturday.
The name of a consenting spouse or unmarried partner will appear on the child’s birth certificate as the legal parent, a status that previously had to be obtained by same-sex parents through a complicated adoption process.
The Domestic Partnership Judicial Determination Parentage Act of 2009 puts the city out front when it comes to children born of same-sex parents, according to the National Center for Lesbian Rights (NCLR), the Gay and Lesbian Activists Alliance of Washington (GLAA) and American University law professor Nancy Polikoff.
See Law Extends Parental Rights for Gays
Washington Post
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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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Fresno Hospital Bars Lesbian From Visiting Partner And Giving Advice About Her Treatment, ACLU and NCLR Urge Hospital To Adopt Policies Respecting Same-Sex Relationships
“We just couldn’t believe this was happening to us. This was the nightmare that we hoped we’d never have to live through,” said Teresa Rowe, who grew up in Clovis, California, but now lives in the Bay Area with her partner of four years, Kristin Orbin. “Unfortunately, because Kristin suffers from epilepsy, trips to the hospital are pretty common for us, which is why we filled out the legal paper work to make sure I would be able to be with her and make emergency decisions about her care. But the hospital wouldn’t let me see Kristen and ignored my advice about her treatment. They ended up giving her the exact medication I repeatedly asked them not to give her.”
On May 29, 2009, Rowe and Orbin attended the “Meet in the Middle” rally in support of marriage for same-sex couples in Fresno. After the couple completed a 14-mile march in 90 degree heat, Orbin, who suffers from epilepsy, collapsed in a seizure. The couple experienced hostility from the ambulance driver, but Rowe was ultimately allowed to accompany Orbin to Community Regional Medical Center in Fresno. However, when the couple got the hospital, the driver would not allow Rowe to accompany Orbin into the emergency room even though Orbin had been in and out of consciousness, and Rowe was familiar with her medical history and care.
Rowe repeatedly asked hospital employees to allow her to see Orbin and talk to a physician about her care but was refused. She volunteered to have Orbin’s legal paperwork naming Rowe as her health care agent faxed to the hospital but was told that it wouldn’t do any good. When she asked that she at least be allowed to pass along the message that Orbin not be given the drug Ativan, she was told the message would be conveyed. If the message was given to those treating Orbin, it was ignored because Orbin was given the drug, which she didn’t need and which causes her unnecessary pain. Meanwhile, when she was awake, Orbin was also asking to be allowed to see Rowe. Although they were both told that no visitors were allowed in the area where Orbin was being treated, other patients were receiving guests. After being separated for several hours, Orbin finally saw her doctor. She complained to him, and Rowe was eventually allowed to be with her.
“Until the California Supreme Court upheld Prop 8, Kristen and Teresa were planning to get married. In this climate, hospitals must be especially diligent to protect same-sex couples from discrimination,” said Elizabeth Gill, a staff attorney with the ACLU of Northern California. “As these events so painfully demonstrate, no matter what hoops same-sex couples jump through to protect their relationships, these kinds of horrible things will continue to happen as long as couples are denied the recognition and respect that only comes with marriage.”
The letter sent by the ACLU and NCLR charges that it was a violation of state law for the hospital to discriminate against the couple based on their sexual orientation, as well as to refuse to recognize Rowe’s legal authority, which was authorized by Orbin’s advance health care directive. The letter also notes that hospitals must post and follow a patient’s bill of rights that bars discrimination based on sexual orientation and grants patients the ability to designate visitors of their choosing and to decide who is able to make emergency decision about their care. The letter urges Community Medical Centers immediately to affirm their commitment to inclusive and sensitive medical care for LGBT patients, and to take a number of steps to carry out that commitment.
“Discrimination in healthcare settings is still far too common for lesbian, gay, bisexual and transgender people,” said Jason Schneider, MD, President of the Gay and Lesbian Medical Association (GLMA). “No one is served when partners are barred from visitation and kept from participating in conversations about their loved one’s care. It’s bad for doctors who are kept from potentially life threatening information, it’s bad for partners who are left waiting hopelessly in the waiting rooms and it’s especially traumatic for patients who need the love and support that only their partners can provide to help them through health care emergencies.”
A copy of the letter, which gives the hospital until June 22nd to respond, is available at http://www.aclu.org/lgbt/discrim/39854res20090615.html.
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CA Supreme Court Upholds Student Civil Rights Act
(Sacramento, June 1, 2009) –Today, a Sacramento Superior Court dismissed a lawsuit seeking to invalidate SB 777, the California Student Civil Rights Act, which prohibits discrimination against students on the basis of race, religion, disability, gender, and sexual orientation. The lawsuit was brought by a right-wing group that specifically objected to protections for lesbian, gay, bisexual and transgender students. The court held that the plaintiffs had failed to show any way in which the statute was even allegedly unlawful.
“We are pleased the court rejected this attack on the Student Civil Rights Act,” said Carolyn Laub, Gay-Straight Alliance Network Executive Director. “School should be safe place for all children, including those who are—or are perceived to be—lesbian, gay, bisexual, or transgender.”
The lawsuit was filed on November 5, 2008. State Superintendent Jack O’Connell, represented by California Attorney General Jerry Brown, filed a motion to dismiss the lawsuit on January 8, 2009. On March 19, 2009, the National Center for Lesbian Rights, Lambda Legal, the Transgender Law Center, Equality California, and Gay-Straight Alliance Network filed a friend-of-the-court brief supporting the motion to dismiss.
Governor Schwarzenegger signed SB 777 into law on October 12, 2007. SB 777 reinforced existing anti-discrimination protections in publicly-funded schools and updated the Education Code so that teachers and administrators do not have to cross-reference other parts of state law to understand their obligations to protect students from harassment and discrimination in all school activities. The bill was sponsored by Equality California, the state’s LGBT legislative organization, and authored by former Senator Sheila Kuehl.
According to the 2001 California Healthy Kids Survey, nearly 30 percent of California youth in grades 7 to 11 report experiencing harassment or bullying based on their actual or perceived race, ethnicity, religion, disability, gender, or sexual orientation.
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
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Statewide Action: On Heels of Prop 8 Ruling, “Meet in the Middle for Equality” Rallies ,Civil Rights Advocates in Fresno for LGBT Equality on a Federal Level
WHEN:
Saturday, May 30, 2009, 1st Statewide Action After the Proposition 8 Decision
7:50 a.m. – Equality March Kickoff; 8:00 a.m. – March from Selma to Fresno
1:00 p.m. – Rally at steps of Fresno City Hall
WHERE:
March from the intersection of W. Front St. and Whitson St. in Selma, CA, then along the Golden State Highway to the Meet in the Middle rally location at Fresno City Hall, 2600 Fresno Street, Fresno, CA 93721
WHO:
Equality March speakers at Selma Kick-off include:
Anne-Marie Williams of Jordan/Rustin Coalition
Nii-Quartelai Quartey of Courage Campaign
Yardenna Aaron of Here to Stay Coalition
Andrea Shorter of Equality California (EQCA)
Roland Palencia of HONOR PAC (English/Spanish-language)
Rally Speakers at Fresno City Hall Location include:
Robin Tyler, the original plaintiff in Tyler vs. the County of Los Angeles
Angelica Salas, Coalition for Humane Immigrant Rights of Los Angeles
Molly McKay, Marriage Equality USA
Christine Chavez, Latino and African-American Leadership Alliance and Granddaughter of Cesar Chavez
Kate Kendell, National Center for Lesbian Rights
Rabbi Denise Eger, Congregation Kol Ami & California Faith for Equality
Father Geoff Farrow, Former Catholic Priest for Fresno’s Saint Paul Newman Center
Lt. Dan Choi, West Point graduate, recently discharged under “Don’t Ask Don’t Tell”
Reverend Eric Lee, Southern Christian Leadership Conference
Reverend Dr. Amos Brown, Third Baptist Church, San Francisco
Rick Jacobs, Chair and Founder of the Courage Campaign
Cleve Jones, founder of Names Project AIDS Memorial Quilt and Harvey Milk intern
Dustin Lance Black, Academy Award Winning Screenwriter for Milk
“With this ruling, Californians are experiencing a great loss – a loss of justice, loss of compassion, and a loss of humanity. But rather than become disabled by our grief, we must shift our shame to strength and revitalize for the sake of the entire American LGBT community. We must use this ruling as a catalyst for an even greater goal and a greater good,” said Robin McGehee, lead organizer for Meet in the Middle.
Over 100 organizations from around the state have endorsed Meet in the Middle for Equality. The Courage Campaign and White Knot for Equality are providing buses to bring activists and progressive allies from San Diego, Los Angeles, Sacramento and San Francisco to the middle of California. Additional active participants include the California Nurses Association, Dolores Huerta Foundation, Equality Action NOW, Equality California (EQCA), Equal Roots, Freedom Action Inclusive Rights (F.A.I.R.), Gay Straight Alliance (GSA) Network, HONOR PAC, Jordan/Rustin Coalition, Marriage Equality USA, Martin Luther King Legacy Association, NAACP Youth and College Division, Service Employees International Union (SEIU), Southern Christian Leadership Conference of Greater Los Angeles, and the Third Baptist Church of San Francisco.
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LGBT Prisoner Safety Act Passes Assembly with Bipartisan Support
Bill Sponsored by EQCA and Introduced by Assemblymember Ammiano Now Moves to Senate
Sacramento – The California State Assembly passed the LGBT Prisoner Safety Act, AB 382, today by an overwhelming margin of 64-9. The bill garnered significant bipartisan support. Sponsored by Equality California (EQCA) and introduced by Assemblymember Tom Ammiano (D – San Francisco), the bill is designed to prevent violence against lesbian, gay, bisexual, and transgender (LGBT) people in the state prison system. The bill received more Republican votes than any other piece of legislation sponsored by EQCA.
“The California Assembly sent a powerful message today that all Californians deserve protection from violence,” said EQCA Executive Director Geoff Kors. “This vital bill seeks to end abuse and assault against LGBT prisoners, ensuring they receive equal and fair protection under the law.”
According to a recent study from the Cali¬fornia Department of Corrections and Re¬habilitation, 67 percent of LGBT inmates report being sexually assaulted by another inmate, a rate 15 times higher than the overall prison population.
By amending the Sexual Abuse in Detention Elimination Act (SADEA) of 2005 to include sexual orientation and gender identity on the list of factors for consideration when classifying and housing prisoners, the legislation promotes safety for and prevents assault against LGBT people in the prison system. The list of factors currently includes age, gender, type of offense, and prior time served.
“All people deserve basic protections – including those serving time in our state prisons,” Assemblymember Ammiano said upon introducing the bill. “No prisoner should fear for his or her life or be the target of abuse because of his or her sexual orientation or gender identity.”
The bill developed following a Senate Public Safety Committee meeting held in San Francisco this past December and chaired by Senator and former Majority Leader Gloria Romero (D-Los Angeles). The meeting, which was sponsored by EQCA along with Just Detention International, the Transgender Law Center, National Center for Lesbian Rights, and the Transgender Gender-Variant and Intersex Justice Project, exposed the dire issues facing LGBT people in California prisons in order to produce concrete solutions. The LGBT Prisoner Safety Act is an important step toward ensuring the safety of this highly vulnerable population. Last month, the bill passed the Assembly Public Safety Committee unanimously by a 7-0 vote.
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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
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EQCA Executive Director Geoff Kors: “Prop. 8 destroys the fundamental principle of equal protection”
“By taking away a fundamental right from one group, Prop. 8 destroys the fundamental principle of equal protection – a principle codified in our Constitution and intended to protect minority groups from the oppression of the majority. Without the right to equal protection, every Californian risks discrimination at the ballot box.
“Equality California has sued on behalf of our members to invalidate Prop. 8. Today, our team of attorneys, led by the National Center for Lesbian Rights, Lambda Legal, and the ACLU, argued that Prop. 8 usurps the guarantee of equal protection and bypasses our legal safeguards. More than 300 leading civil rights organizations, legal scholars, and faith leaders submitted amicus briefs to the court, indicating their support of our argument. And this week, the state Assembly and state Senate passed resolutions stating their belief that Prop. 8 is an invalid revision to the Constitution.
“But victory in the courts is far from certain and no matter the outcome, the work to achieve acceptance and understanding must continue. Prop. 8 showed how much work there is left to be done and invalidating that discriminatory, unconstitutional amendment is just the beginning.
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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
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