Citing law, city reluctantly argues for release of gay employees’ names
Anti-gay-rights activist wants names of city-sponsored LGBT club
As attorneys for all sides prepare to square off in court, the City of Seattle and a self-described “civil rights leader” seeking the release of the names of gay and lesbian city workers involved in a city-sponsored club have lined up on the same side of the issue.
In separate court filings, the city and the Seattle City Light employee requesting the records argue that the state public-records act requires that the city release the records. City of Seattle employees associated with the department’s Lesbian, Gay, Bisexual, Transgendered, Questioning and Friends Club have asked the court to order the city not to release their names.
Reiterating statements made by Seattle City Attorney Tom Carr shortly after the suit was filed, lawyers for the city now assert, reluctantly, that the records requested by City Light employee Philip Irvin.
“The city sympathizes with the concerns that plaintiffs have expressed,” Assistant City Attorney Gary T. Smith said in court documents. “Nonetheless, the city believes that the Public Records Act obligates it to disclose the records at issue.”
Irvin, who claims he’s been barred from attending LGBTQF club meetings because he is heterosexual and opposed to gay rights, has requested that the city release the names of employees belonging to or attending the Seattle Public Utilities-sponsored group.
According to the city’s filing, the department sponsors eight such “affinity” groups for employees “with similar concerns.” Included in the array are groups for employees of different ages or ancestry, including European. Each group is provided with up to $1,000 annually for events, and members are allowed to spend two work hours a month toward group activities.
In arguing that the records should be released, attorneys for the city assert that earlier appeals-court rulings have shown that employee information must be released even if it could result in harassment. The city cites a 2002 case in which King County was ordered by the state Court of Appeals to release a list of sheriff’s deputies’ names.
Attorneys for the plaintiffs assert that the employees’ identities are not releasable under the law, in part because they are of no legitimate public interest.
See Citing law, city reluctantly argues for release of gay employees …
Seattle Post Intelligencer
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In DC, Judge Asked to Block GAY MARRIAGE Decision
Opponents of gay marriage filed a lawsuit in D.C. Superior Court yesterday hoping to force a referendum on whether to recognize same-sex marriages performed in other jurisdictions.
The civil suit against the District’s Board of Elections and Ethics asks Judge Judith E. Retchin to overturn an election board ruling Monday that blocked a proposal to put the issue before the voters. Citing a District election law prohibiting votes on matters covered under the 1977 Human Rights Act, which outlaws discrimination against gay men, lesbians and other minority groups, the board said that a referendum would “authorize discrimination.”
The plaintiffs asked for an expedited hearing. If the court or Congress does not intervene, recognition of same-sex marriages performed elsewhere will become law early next month, at the end of the required congressional review period.
See GAY MARRIAGE Judge Asked to Block Decision
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Christian group sues for right to burn gay teen novel
n a scene which appears to have been lifted straight out of Ray Bradbury’s Fahrenheit 451, a group of Christians in Wisconsin has launched a legal claim demanding the right to publicly burn a copy of a book for teenagers which they deem to be “explicitly vulgar, racial [sic], and anti-Christian”.
The offending book is Francesca Lia Block’s Baby Be-Bop, a young adult novel in which a boy, struggling with his homosexuality, is beaten up by a homophobic gang. The complaint, which according to the American Library Association also demands $120,000 (£72,000) in compensatory damages for being exposed to the book in a display at West Bend Community Memorial Library, was lodged by four men from the Christian Civil Liberties Union.
Their suit says that “the plaintiffs, all of whom are elderly, claim their mental and emotional well-being was damaged by this book at the library,” and that it contains derogatory language that could “put one’s life in possible jeopardy, adults and children alike.”
“The word ‘faggot’ is very derogatory and slanderous to all males,” the suit continues. “Using the word ‘Nigger’ is dangerously offensive, disrespectful to all people. These words can permeate violence.” The suit also claims that the book “constitutes a hate crime, and that it degrades the community”.
“They’ve filed a claim against the city of West Bend and the city has to decide if it is valid,” said Deborah Caldwell-Stone, acting director of the ALA’s office for intellectual freedom. “Their insurance company is evaluating the claim, but I would be very surprised if they found any merit in it … Should they find any merit in this claim, we would certainly support the library in fighting it.”
The legal challenge follows a lengthy campaign by some West Bend residents to restrict access to teenage books they deemed sexually explicit from library shelves, which was eventually thrown out at the start of June.
“Obviously we were really pleased with the outcome to that – there was a unanimous vote to keep the books in the library and we thought the matter should be over,” said Larry Siems, director of the Freedom to Write programme at PEN America.
Siems said there was clearly “a bit of theatre” in the lawsuit which followed. “They’ve filed a lawsuit which has little possibility of going forward legally, and they’re asking for damages which include the right to burn a book. It does seem more to gain publicity than a real serious challenge.” But, he said, PEN remained very concerned about the impulse behind the claim. “This is a group of people trying aggressively to rid the library of these books and that’s very serious - it needs to be fought.”
The claimants, he said, “have a right to continue to express their views, and this in a way is a creative attempt to express those views”. But it’s “also a dangerous game when you’re talking about something like book burning, calling on the law to burn books. It’s certainly completely un-American, and if they paused, I think they would agree.”
It was not possible to reach the Christian Civil Liberties Union for comment.
See Christian group sues for right to burn gay teen novel guardian.co.uk
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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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Wisconsin Trial Court Dismisses ACLU Lawsuit Seeking Domestic Partner Benefits For Lesbian and Gay State Employees
The Court’s opinion states: “The plaintiffs have offered a strong showing that the employment benefits in issue have been provided on a discriminatory basis. The defendants’ explanations offered for the continuing discrimination against these plaintiffs are unpersuasive and inadequate.”
“Losing doesn’t get any better than this,” said Larry Dupuis, Litigation Director of the ACLU. “We knew we had an uphill battle in the trial court because of the earlier case. But the court agreed with us that discrimination based on sexual orientation should be subject to strict judicial review and that it is unconstitutional for the state to deny equal benefits.”
The Court also found that providing the benefits would not be barred by the anti-gay marriage amendment that passed in 2006. After the amendment passed, the state had argued that the amendment barred the state from providing the benefits.
The ACLU filed the lawsuit in April 2005 on behalf of six lesbian state employees and their partners. The lawsuit charges that it is a violation of the state’s equal protection guarantees to deny lesbian and gay state employees access to the same health insurance and family leave protections that it provides to straight employees who are able to cover their spouses. The lawsuit was stalled for years because a number of Wisconsin municipalities tried to inject themselves into the lawsuit. The issue ultimately went up to the Wisconsin Supreme Court, which ruled that they were not entitled to become a party to the litigation.
“While we are heartened by the court’s decision, we urge the legislature to pass the domestic partner bill so there will be no need to appeal,” added Chris Ahmuty, Executive Director of the ACLU of Wisconsin. “Our clients are forced to pay expensive prices for inferior health coverage and sometimes even to forego necessary care. They suffer every day this issue goes unresolved.”
Wisconsin Department of Corrections employee Jayne Dunnum and her partner, Robin Timm, pay nearly $450 a month for private insurance for Timm who works on the couple’s organic farm and food store in Platteville. “We don’t care if it happens through the courts or the legislature. We just really need the health insurance coverage,” said Dunnum. “It’s a matter of basic fairness. I work just as hard has my straight colleagues and shouldn’t be denied the equal employment benefits.”
The case is Dunnum v. Department of Employee Trust Funds. The couples are represented by John Knight and Rose Saxe of the ACLU’s Lesbian Gay Bisexual Transgender Project, Larry Dupuis of the ACLU of Wisconsin, and cooperating attorneys Linda Roberson and Christopher Krimmer of the Madison law firm Balisle & Roberson.
Biographical information for all of the couples, today’s decision, the complaint, and additional information are available at http://www.aclu.org/getequal/caseprofiles.htm.
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ACLU Sues To Stop Tennessee Schools From Censoring Gay Educational Web Sites; Filtering Software Allows Anti-Gay Sites
NASHVILLE, TN – The American Civil Liberties Union and the ACLU of Tennessee sued two Tennessee school districts in federal court today, charging the schools are unconstitutionally blocking students from accessing online information about lesbian, gay, bisexual and transgender issues. Metropolitan Nashville Public Schools, Knox County Schools and as many as 105 other school districts in Tennessee use Internet filtering software to block Web sites containing pro-LGBT speech, but not Web sites touting so-called “reparative therapy” and “ex-gay” ministries. The “LGBT” filter is not used to block sites containing pornography, which are filtered under a different category, but it does block the sites of many well-known LGBT organizations including Parents, Families, And Friends of Lesbians and Gays (PFLAG), the Gay Lesbian Straight Education Network (GLSEN) and Human Rights Campaign (HRC).
“Allowing access to Web sites that present one side of an issue while blocking sites that present the other side is illegal viewpoint discrimination,” said Catherine Crump, a staff attorney with the ACLU First Amendment Working Group and lead attorney on the case. “This discriminatory censorship does nothing to make students safe from material that may actually be harmful, but only hurts them by making it impossible to access important educational material.”
The school districts block the Internet filtering category designated “LGBT,” which includes sites that “provide information regarding, support, promote, or cater to one’s sexual orientation or gender identity.” They do not, however, block sites that condemn homosexuality or promote “reparative therapy,” a practice purporting to “cure” LGBT people that is denounced as dangerous and harmful to young people by such groups as the American Psychological Association and the American Medical Association.
The ACLU filed the case in the U.S. District Court for the Middle District of Tennessee against Metropolitan Nashville Public Schools and Knox County Schools on behalf of two high school students in Nashville, one student in Knoxville and a high school librarian in Knoxville who is also the advisor of the school’s Gay-Straight Alliance (GSA).
“Students need to be able to access information about their legal rights or what to do if they’re being harassed at school,” said Keila Franks, a 17-year-old student at Hume-Fogg High School in Nashville and a plaintiff on the case. “It’s completely unfair for schools to keep students in the dark about such important issues and treat Web sites that just offer information like they’re something dirty.”
The lawsuit charges that blocking LGBT sites violates students’ First Amendment rights by only allowing access to sites that present an anti-gay point of view on the rights of LGBT persons on issues such as anti-gay harassment, marriage, employment discrimination and the military’s “don’t ask, don’t tell” policy while blocking access to sites that support LGBT rights. Further, the filtering hinders the ability of GSAs and their members to facilitate club activities and keeps students from accessing important information about scholarships for LGBT students or doing research for school-related assignments.
The ACLU first learned about the discriminatory filtering from Andrew Emitt, a Knoxville high school student who discovered the problem while trying to search for LGBT scholarships. Internet filtering software is mandated in public schools by Tennessee law, which requires schools to implement software to restrict information that is obscene or harmful to minors. However, the “LGBT” filter category does not include material which is sexually gratuitous and already included in the “pornography” filtering category.
“While schools may have an interest in using filters to block material that could be harmful to minors, blocking access to information about LGBT issues while allowing anti-gay information is unlawful and potentially dangerous,” said Tricia Herzfeld, a staff attorney with the ACLU of Tennessee. “There is no place for this kind of unconstitutional censorship in our public schools.”
In addition to Crump and Herzfeld, attorneys on the case are Chris Hansen of the ACLU First Amendment Working Group and Christine Sun of the ACLU LGBT Project.
The plaintiffs are Nashville students Keila Franks and Emily Logan, Knoxville student Bryanna Shelton, and Karyn Storts-Brinks, a Knoxville high school librarian and faculty sponsor for her school’s GSA.
More information about the case, including the ACLU’s complaint and a video featuring one of the student plaintiffs, is available online at: www.aclu.org/lgbt/youth/39346res20090413.html.
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Mass. couples cheer gay marriage, 5 years later
BOSTON - Every year, the couples who led the fight for gay marriage in Massachusetts get together privately to celebrate both their own weddings and the marriages of thousands more couples who followed them.
But this year, the celebration feels a little bit sweeter for the six couples who will gather Sunday to mark the fifth anniversary of Massachusetts becoming the first state to legalize same-sex marriage. This year, they will also be celebrating the legalization of gay marriage in four other states.
“We’ve been very happy that it’s started to be accepted in other places,” said Maureen Brodoff, one of the plaintiffs in the lawsuit that led to a Supreme Judicial Court decision legalizing gay marriage.
“It’s important to us that same-sex relationships get recognition outside of our home state, and I think that that is happening slowly as people look to the Massachusetts example and see that, you know, the sky didn’t fall, that it’s strengthened families, that it’s brought joy to a lot of families,” Brodoff said. See Mass. couples cheer gay marriage, 5 years later Chicago Tribune * Tags = gay men gay news lesbian news transgender bisexual
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Ellen Goodman: Gay couples in 4 states have strange dual citizenship D
They are not the only married couple in America who talk about taxes and ulcers in the same sentence. Nor are they the only couple who believe they are paying more than they should. On that ground they are part of a noisy majority.
But they are a couple for whom tax season also entails an identity crisis. Melba Abreu and Beatrice Hernandez file state taxes as what they are — a legally married Massachusetts couple. But under federal law, they have to file federal taxes as what they aren’t — two single women.
In the last four years, the government’s refusal to consider them a married couple has cost the writer and the CFO of a nonprofit about $5,000 a year. As Beatrice puts it, “We don’t know anyone for whom $20,000 and counting isn’t significant.”
This is one reason they joined seven other married couples and three surviving spouses last month in bringing a legal complaint against DOMA, the law that deliberately denies federal benefits to same-sex marriages. The other plaintiffs include a postal worker who can’t get health care coverage for her spouse, a widower ineligible for higher Social Security benefits, and a couple who can’t get a passport under their married name.
We have just doubled the number of states in which same-sex couples can be legally married. First, Iowa joined Massachusetts and Connecticut. Then Vermont followed with the first legislative approval. And a bill was just introduced in New York, where people cringe to find themselves lagging behind Iowa.
This is all part of a careful state-by-state strategy. But as a side effect, it’s producing more Americans with a strange dual citizenship: Married in the eyes of Iowa, single in the eyes of Washington. Eligible for a pension, health care, family leave in the eyes of the state; ineligible in the eyes of the feds.
Ellen Goodman: Gay couples in 4 states have strange dual citizenship Dayton Daily News
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Tax laws discriminate against gay couples
BOSTON — They are not the only married couple in America who talk about taxes and ulcers in the same sentence. Nor are they the only couple who believe they are paying more than they should. On that ground they are part of a noisy majority. But they are a couple for whom tax season also entails an identity crisis. You see, Melba Abreu and Beatrice Hernandez file state taxes as what they are — a legally married Massachusetts couple. But under federal law, they have to file federal taxes as what they aren’t — two single women.
This identity crisis is not just some psychological blip on the cheerful landscape of their family life. In the last four years, the government’s refusal to consider them a married couple has cost the writer and the CFO of a nonprofit about $5,000 a year. As Beatrice puts it, “We don’t know anyone for whom $20,000 and counting isn’t significant.” This is one reason they joined seven other married couples and three surviving spouses last month in bringing a legal complaint against DOMA, the law that deliberately denies federal benefits to same-sex marriages. The other plaintiffs include a postal worker who can’t get health care coverage for her spouse, a widower ineligible for higher Social Security benefits, and a couple who can’t get a passport under their married name. The suit is not just timely because we all share a certain post-tax traumatic stress syndrome. But we have just doubled the number of states in which same-sex couples can be legally married. First, Iowa joined Massachusetts and Connecticut. Then Vermont followed with the first legislative approval. And a bill was just introduced in New York, where people cringe to find themselves lagging behind Iowa.
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Same-sex spouses challenge US curbs
Fifteen gay and lesbian residents from Massachusetts who wed after this state legalized same-sex marriages filed a discrimination suit today, challenging a federal law that defines marriage as a union between a man and a woman.
Six same-sex couples and three men whose husbands have died — one of the deceased was retired congressman Gerry E. Studds — said in the suit that the 1996 Defense of Marriage Act treats them like second-class citizens and is unconstitutional. The 92-page complaint was filed in US District Court in Boston.
The suit, which legal specialists described as the first serious challenge to the federal law signed by President Bill Clinton, contends that the statute has deprived the plaintiffs of benefits enjoyed by heterosexual married couples.
Those benefits include health insurance for spouses of federal employees, tax deductions for couples who jointly file federal income tax returns, and the ability to use a spouse’s last name on a passport.
See Same-sex spouses challenge US curbs Boston Globe
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