CA AG Brown again says Prop. 8 should be struck down

California Atty. Gen. Jerry Brown once again refused to defend Proposition 8′s ban on same-sex marriage Friday, telling a federal judge that it violated the U.S. Constitution and should be struck down.

Brown made his arguments in response to a federal lawsuit against the state by two gay couples who contend the initiative violates federal due process and equal protection guarantees.

Over Brown’s opposition, the California Supreme Court upheld the proposition last month on state, not federal, constitutional grounds, a few days after the federal suit was filed in San Francisco.

Brown’s willingness to fight a state law that has been upheld by the state’s highest court contrasted sharply with President Obama’s decision this week to oppose a federal challenge to the U.S. Defense of Marriage Act brought in Orange County.

In that case, a married gay couple, Arthur Smelt and Christopher Hammer, has challenged the constitutionality of both Proposition 8 and the 1996 federal law that prohibits extension of federal benefits to same-sex couples.

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TSA refuses to hire HIV+ Air Force Vetr to scan luggage, ACLU to sues – wonder if Obama will at lteat fix this?

Transportation Security Administration Refused To Hire Qualified Baggage Screener Because He Has HIV

MIAMI – The American Civil Liberties Union today filed a complaint with the Transportation Security Administration on behalf of an Air Force Veteran who was refused a job as a baggage screener with the Transportation Security Administration because he has HIV.

“I was looking for a way to be able to serve my country once again and to supplement my income through this financial crisis with the possibility of changing my career. But after a lengthy interview and screening process, I was told that I am incapable and unworthy because I have HIV,” said Michael Lamarre, who worked in intelligence for the National Security Administration while serving in the Air Force from 1984 to 1987. “I am a long term HIV survivor, and it has never interfered in my ability to work. As I have learned having lived with HIV for nearly 20 years, people with HIV need to be able to make a living and support themselves just like everyone else as well as have the right to serve their country.”

In the spring of 2008, Lamarre applied online for a baggage screening position at the Fort Lauderdale airport with the TSA. He passed an aptitude test in November 2008, and then underwent a comprehensive security clearance. In March 2009, he was finally invited to come in for an interview. At the interview, which included further testing, he was told that he would have to pass a physical. Lamarre was required to disclose that he HIV at the physical. As a result, he was told to submit additional information from his doctor, including his most recent lab results and a form from his doctor stating that his HIV would not interfere with his ability to perform the duties of as baggage screener, which he did.

Lamarre has lived with HIV for 19 years. His viral load is nearly undetectable and he has never had any of the medical conditions associated with AIDS. Just last November he completed a 165 mile bike ride for charity in just 2 days.

Shortly after submitting the additional information, Lamarre received a letter from Comprehensive Health Services, the contractor who administered the physical, saying that he was disqualified for the job because of his HIV status. A copy of the letter is available at http://www.aclu.org/hiv/discrim/39829lgl20090428.html. During follow up calls to Comprehensive Health Services, he was told that the reason he was rejected is because his HIV status makes him more susceptible to virus and infections and that it was for his own benefit.

Today the ACLU filed a complaint on Lamarre’s behalf with the Equal Employment Opportunity Counselor for the Eastern Region of the TSA charging that the TSA is in violation of its own policy barring discrimination against people with disabilities. A copy of TSA’s non-discrimination policy is available on their website at: http://www.tsa.gov/assets/pdf/civil_rights_policy.pdf. The complaint also charges that the refusal to hire Lamarre violated his equal protection guarantees. It asks the TSA to rescind Lamarre’s disqualification from employment.

“In the nearly 20 years that Michael Lamarre has lived with HIV, it has never affected his ability to work,” said Robert Rosenwald, Director of the LGBT Project of the ACLU of Florida. “HIV discrimination is always wrong, but it is especially shameful when government is behind the discrimination. I hope the TSA recognizes the harm it is causing Michael and our country by refusing to hire a highly motivated and qualified employee.”

“As we have known for quite a while now, people living with HIV can lead long and productive lives and can make significant contributions in all professions, including baggage screeners,” said Dr. Margaret Fischl, MD, director and principal investigator of the AIDS clinical research unit at the University of Miami. “A baggage screener with HIV would pose no risk to others and would be no more likely to become infected with a cold or virus than anyone else working in the airport.”

A copy of the complaint filed by the ACLU as well as the letter notifying Lamarre that he was being disqualified because he has HIV and the paperwork submitted by his doctor stating he is physically capable of performing the duties is available at http://www.aclu.org/hiv/discrim/39827res20090611.html.

In addition to Rosenwald, Lamarre is being represented by Shelbi Day, a staff attorney with the LGBT Project of the ACLU of Florida, James Esseks, co-director of the ACLU’s AIDS Project and Rose Saxe, a staff attorney with the ACLU’s AIDS Project.

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Wisconsin Trial Court Dismisses ACLU Lawsuit Seeking Domestic Partner Benefits For Lesbian and Gay State Employees

But Issues Lengthy Decision Reasoning That It Is Unconstitutional For the State To Deny The Benefits

MADISON, WI – On Friday, a Wisconsin trial court dismissed a lawsuit brought by the American Civil Liberties Union on behalf of lesbian state employees and their partners seeking domestic partner health insurance and family leave protections. In a 46 page opinion, the court notes that although it believes it is unconstitutional for the state to continue to deny the employees equal health insurance coverage and family leave protection, it is bound by a prior decision from the Wisconsin Court of Appeals from 1992.
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.

Governor Jim Doyle has repeatedly stated that he would like to provide lesbian and gay state employees with equal health insurance coverage and included in his budget proposal a provision for domestic partner coverage.

“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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New Mexico Agrees To Provide Retirement Health Insurance To Domestic Partners Of State Employees

ALBUQUERQUE – In response to a lawsuit brought by the American Civil Liberties Union, New Mexico has agreed to provide retirement health insurance to the domestic partners of state employees.

“We are very pleased that the state has agreed to settle this litigation and provide the insurance. It wasn’t fair that the state forced lesbian and gay employees to pay the high cost of health care for often inferior health insurance for their families when they worked just as hard as their straight colleagues,” said Peter Simonson of the ACLU of New Mexico. “I’m sure this will be welcome news to all lesbian and gay state employees, but especially to those who have retired or are planning to do so soon.”

The ACLU brought the lawsuit on February 5, 2007 on behalf lesbian and gay state employees and their domestic partners. The lawsuit charged that it was a violation of the state constitution’s equal protection guarantees for the state to treat lesbian and gay employees differently from its straight employees. The settlement will reached with the state will cover both gay and straight employees and their domestic partners. The ACLU brought the lawsuit on February 5, 2007 on behalf lesbian and gay state employees and their domestic partners. The lawsuit charged that it was a violation of the state constitution’s equal protection guarantees for the state to treat lesbian and gay employees differently from its straight employees. The settlement will reached with the state will cover both gay and straight employees and their domestic partners.

“This is fantastic news. We can finally start planning our retirement,” said Havens Levitt who has been a teacher for the Albuquerque public school for 25 years. “Until now, our only option was for me to keep working because my partner’s employment doesn’t provide insurance for her and private insurance was just too expensive. It means a lot that the state has acknowledged I should be treated the same as my straight colleagues.” Levitt and her partner, Rebecca Dakota, have been partners for 13 years. Dakota is a self-employed consultant to non-profits and an independent filmmaker.

Pursuant to the settlement, the state has agreed to develop a process for enrolling those interested during the next open enrollment period, which comes this fall.

The legal team for the ACLU in Levitt and Dakota v. New Mexico is George Bach, staff attorney with the ACLU of New Mexico, Ken Choe, a senior staff attorney with the Lesbian Gay Bisexual Transgender Project of the ACLU, and cooperating attorney Maureen Sanders of Sanders & Westbrook, P.C.

Additional information about the case including a Q&A and the legal papers is available at http://www.aclu.org/lgbt/relationships/28241res20070205.html.