Another front for fairness

AT A HEARING at the State House last week, supporters of a bill to ban discrimination on the basis of gender identity and expression outlined the myriad barriers that confront transgender people – those who are born male but live as females, or vice versa. Unlike those whose religions or sexual orientations expose them to discrimination, transgendered people might not be able to avoid the issue when applying for jobs, apartments, or loans. The truth may become evident from a check on a Social Security number or a search of credit reports.

Transgender advocates aren’t looking for sympathy. The goal of the legislation, introduced by Representative Carl Sciortino, is to give transgender residents of Massachusetts space to live without discrimination or violence. The bill responds sensibly to a real problem, and deserves to pass.

Transgender people don’t make the transition lightly; many, though not all, undergo gender-reassignment surgery. The case of Dana Zircher, profiled recently by the Globe’s Bella English, underscores the difficulty of the process, even when individuals have supportive families and employers. Zircher, a software designer and a parent, has undergone a divorce, surgery, and 350 hours of electrolysis.

Instead of addressing the complexities of actual people’s lives, though, opponents are trying to undermine Sciortino’s legislation by calling it a “Bathroom Bill.’’ The difference between a transgender woman and a man who wants to infiltrate a ladies’ room is perfectly obvious, at least to anyone who is not deliberately obfuscating the issue. The difference would surely be obvious to police officers and judges. Thirteen other states, including Vermont, Maine, and Rhode Island, and dozens of cities, including Boston and Cambridge, already forbid discrimination against transgendered people – and public washrooms are as safe as ever.

See Another front for fairness

Boston Globe

* Tags = gay men gay news lesbian news transgender bisexual

Published by

Original source : http://gay_blog.blogspot.com/2009/07/another-front…

LGBT Legal And Advocacy Groups Decry Obama Administration’s Defense of DOMA

We are very surprised and deeply disappointed in the manner in which the Obama administration has defended the so-called Defense of Marriage Act in Smelt v. United States, a lawsuit brought in federal court in California by a married same-sex couple asking the federal government to treat them equally with respect to federal protections and benefits. The administration is using many of the same flawed legal arguments that the Bush administration used. These arguments rightly have been rejected by several state supreme courts as legally unsound and discriminatory.

We disagree with many of the administration’s arguments, for example, that DOMA is a valid exercise of Congress’s power, is consistent with Equal Protection or Due Process principles, and does not impinge upon rights that are recognized as fundamental.
We are also extremely disturbed by a new and nonsensical argument the administration has advanced suggesting that the federal government needs to be “neutral” with regard to its treatment of married same-sex couples in order to ensure that federal tax money collected from across the country not be used to assist same-sex couples duly married by their home states. There is nothing “neutral” about the federal government’s discriminatory denial of fair treatment to married same-sex couples: DOMA wrongly bars the federal government from providing any of the over one thousand federal protections to the many thousands of couples who marry in six states. This notion of “neutrality” ignores the fact that while married same-sex couples pay their full share of income and social security taxes, they are prevented by DOMA from receiving the corresponding same benefits that married heterosexual taxpayers receive. It is the married same-sex couples, not heterosexuals in other parts of the country, who are financially and personally damaged in significant ways by DOMA. For the Obama administration to suggest otherwise simply departs from both mathematical and legal reality.
When President Obama was courting lesbian, gay, bisexual and transgender voters, he said that he believed that DOMA should be repealed. We ask him to live up to his emphatic campaign promises, to stop making false and damaging legal arguments, and immediately to introduce a bill to repeal DOMA and ensure that every married couple in America has the same access to federal protections.

Published by

Original source : http://gay_blog.blogspot.com/2009/06/lgbt-legal-an…

L.A. Gay & Lesbian Center to President Obama: ‘We Need Action and We Need It Now!’

Center CEO Welcomes Obama to L.A. With Open Letter, Urging Him to Fulfill Campaign Promises and Speak Out in Favor of LGBT Equality

LOS ANGELES, CA — The L.A. Gay & Lesbian Center’s Chief Executive Officer Lorri L. Jean released the following letter to President Barack Obama today:

Dear President Obama:

Welcome to California, Mr. President. I welcome you with a heavy heart because of the California Supreme Court’s decision to uphold Prop. 8, relegating same-sex couples to second-class status and denying us that most noble promise of America, “liberty and justice for all.”

You are arriving in Los Angeles on the heels of emotional demonstrations throughout California and our nation and your silence at such a time speaks volumes. LGBT people and our allies have the “audacity to hope” for a country that treats us fairly and equally and for a President with the will to stand up for those ideals. From you we expect nothing less.

We know the country faces many serious challenges and we have strived to be patient. We’ve waited for the slightest sign you would live up to your promise to be a “fierce advocate” for our equal rights while watching gay and lesbian members of the armed forces, who have never been more needed, get discharged from the military. And so far you have done nothing. No stop loss order. No call to cease such foolish and discriminatory actions that make our nation less safe.

You pledged to repeal the “Don’t Ask, Don’t Tell” policy, Mr. President. You promised to support a “complete repeal” of the so-called Defense of Marriage Act and pledged to advocate for legislation that would give same-sex couples the 1,100+ federal rights and benefits we are denied, including the same rights to social security benefits. You said, “Federal law should not discriminate in any way against gay and lesbian couples.”

What of those promises, Mr. President?

Your commitment to repeal DOMA has been removed from the White House Web site. Your promise to repeal Don’t Ask, Don’t Tell was removed and then replaced with a watered-down version. And in the aftermath of yesterday’s California Supreme Court ruling, you have remained silent while your press secretary summarily dismisses questions about the issue.

We not only need to hear from our President, we need his action. And we need it now.

We need your words, Mr. President. But we also need your deeds. We expect you to fulfill the promises you made to us. As Dr. Martin Luther King Jr. taught us, “Justice too long delayed is justice denied.” Do not delay, Mr. President. The time for action is now.

 Sincerely,

 Lorri L. Jean Chief Executive Officer L.A. Gay & Lesbian Center

Published by

Original source : http://gay_blog.blogspot.com/2009/05/la-gay-lesbia…

And the Gay Tax is? $1820 per year

NPR contributor Nancy Goldstein has calculated the “gay tax” — the amount gay couples must spend to receive the same services that married heterosexual couples can count on everyday. In a column, she writes:

The cost of love isn’t an abstract concept in my household: It’s precisely $1,820 per year. That’s the “gay tax” we shell out for me to be on my wife’s health insurance plan, because her company must treat that benefit as additional taxable income.

Goldstein adds that “The media’s primary focus on the morality debate around same-sex marriage means that most of the public, gay or straight, knows little about the very real economic costs of inequality.”

The largest costs of marriage inequality also tend to be the easiest to quantify: Social Security survivor benefits denied, joint tax returns not filed, and many, many other cost savings that most married couples probably don’t even think about.
It’s this side of the gay marriage debate that has led the normally middle-of-the-road financial guru Suze Orman to wade into the debate. See And the Gay Tax is? $1820 per year WalletPop * Tags = gay men gay news lesbian news transgender bisexual

Published by

Original source : http://gay_blog.blogspot.com/2009/05/and-gay-tax-i…

Bill Making Identification Change More Accessible for Transgender Persons Passes Key Assembly Committee, Moves One Step Closer to Becoming State Law

Sacramento – The Equal ID Act took one step closer to becoming law today when it passed the State Assembly Judiciary Committee by a 7-3 vote. The bill, sponsored by Equality California (EQCA) and introduced by Assemblymember Ted Lieu (D – Torrance), increases the legal rights and recognition enjoyed by transgender people by clarifying that qualified transgender people born in California can return to the county of their birth to obtain a court order reflecting their correct gender and accompanying name change. The court order is then used to obtain a corrected California birth certificate.

“All Californians deserve legal documentation that accurately reflects who they are,” EQCA Executive Director Geoff Kors said. “Once passed, this law will make it easier for transgender people both in California and beyond to obtain accurate identification, apply for jobs, and live their lives as full and equal members of society.”

Until recently, California law only allowed transgender persons to petition the court for an order recognizing a change of gender in the county in which they presently reside. Last month, the Transgender Law Center successfully challenged the residency requirement in the California Court of Appeals. In Somers v. Superior Court, the court held that the residency requirement violated the equal protection rights of California-born transgender people residing out of state. The Equal ID Act is the next step in ensuring that all Californians are able to obtain accurate birth certificates.

“The Equal ID Act would bring the Health and Safety Code up to date with case law,” said Kristina Wertz, Legal Director of the Transgender Law Center. “It would alleviate any confusion and ensure that California-born people residing in other states know that they, too, can be afforded the dignity of a birth certificate that reflects who they truly are.”

The new bill ensures that transgender people born in California know that they can return to the county of their birth to obtain a corrected birth certificate. It also provides greater access to transgender persons living in the state, allowing them for first time to petition the court in their home counties.

“The Equal ID Act would make it clear to others in my situation that they can go back to the counties in which they were born to get a court order changing their gender. It would save people all the trouble I went through finding attorneys and spending nearly four years in the courts,” said Gigi Marie Somers, who testified at this morning’s committee hearing. Ms. Somers, a transgender woman born in California, was unable to obtain a new birth certificate in the state of Kansas, where she now resides. Ms. Somers was the plaintiff in the legal action brought by the Transgender Law Center.

“The rights of Californians should not end at our state’s borders,” Assemblymember Leiu said. “The Equal ID Act makes certain every Californian has the freedom and liberty to be true to his or herself.”

Birth certificates are used as primary source of identification and are often necessary to secure other forms of identification, including social security cards and passports.
-30-
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
The Transgender Law Center (TLC) is a civil rights organization advocating for transgender communities. TLC uses direct legal services, education, community organizing, and advocacy to transform California into a state that recognizes and supports the needs of transgender people and their families. www.transgenderlawcenter.org

Published by

Original source : http://gay_blog.blogspot.com/2009/05/bill-making-i…

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

Published by

Original source : http://gay_blog.blogspot.com/2009/05/ellen-goodman…

Gay dad, kids receive Social Security benefits

(Washington) The Social Security Administration has reversed a decision to deny benefits to the children of a disabled gay father following a three year battle waged on behalf of the family by Lambda Legal.

“This is long awaited relief for Gary Day and his children, who just want to be respected …

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.”

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.

Published by

Original source : http://gay_blog.blogspot.com/2009/04/tax-laws-disc…

Gay Activists Plan Their Own Tea Party At Boston Harbor

BOSTON, MA – On April 15th, thousands of same-sex couples across the United States will be reminded of their second-class status when they file their federal tax return form. Despite living in committed relationships, same-sex couples–even those married in Massachusetts, Connecticut, and California–must file as individuals, forgoing over 1,100 federal rights granted to heterosexual married couples.

This tax day, the LGBT community is demanding equal rights for equal taxation. Massachusetts citizens will be at the Long Wharf dock, near the site of the original Boston Tea Party, from 5:30pm to 7:00pm putting on a Boston Tea Party Re-enactment, rallying and passing out literature to protest the federal government’s tax policy toward same-sex couples. The intent is to inform the public of the discrimination that same-sex couples continue to face.

Rallies are being planned at local post offices across the country and these events have been sponsored by the Human Rights Campaign (HRC), the largest LGBT rights organization in the United States, Join The Impact, Join The Impact MA, and Marriage Equality USA.

“Married same-sex couples are blatantly discriminated against under federal tax law, among other areas, and we’re doing our part to shine a light on that injustice. A Boston Tea Party Re-enactment is a spirited way to do just that and it also adds some variety to your standard protest,” said Paul Sousa, co-chair of Join The Impact MA.

Among the most egregious policies is the federal government’s denial of social security benefits and inheritance rights to same-sex couples. LGBT individuals are blocked access to their partner’s social security benefits, often making retirement financially difficult, if not impossible. They are also denied access to the lump sum given to survivors which can make it hard to cover hospital and funeral expenses for their loved one.

The Boston Tea Party Re-enactment is being organized by Join the Impact MA, a grassroots organization that is working towards full LGBT equality on the state and national level. More information about the rallies and their locations can be found at the website http://www.jointheimpactMA.com/taxday/.

Gay Activists Plan Their Own Tea Party At Boston Harbor