Hearing reset for boy accused of killing gay teen

VENTURA, Calif.—A preliminary hearing has been postponed again for a 15-year-old boy charged with fatally shooting a gay student in an Oxnard classroom.

A Ventura County Superior Court judge on Monday reset the first hearing for Brandon McInerney to July 8.

The boy is accused of killing his eighth-grade classmate, Larry King, on Feb. 12, 2008, at E.O. Green School.

See Hearing reset for boy accused of killing gay teen San Jose Mercury News* Tags = gay men gay news lesbian news transgender bisexual

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Hearing reset for boy accused of killing gay teen

VENTURA, Calif.—A preliminary hearing has been postponed again for a 15-year-old boy charged with fatally shooting a gay student in an Oxnard classroom.

A Ventura County Superior Court judge on Monday reset the first hearing for Brandon McInerney to July 8.

The boy is accused of killing his eighth-grade classmate, Larry King, on Feb. 12, 2008, at E.O. Green School.

See Hearing reset for boy accused of killing gay teen San Jose Mercury News* Tags = gay men gay news lesbian news transgender bisexual

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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.
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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
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

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Missing e-mails at issue in Wone murder

Attorneys representing three gay men charged with obstruction of justice in connection with the murder of Washington attorney Robert Wone accused prosecutors in court Friday of failing to preserve evidence from Wone’s BlackBerry cell phone that could have helped prove their clients’ innocence.

The lead prosecutor in the case, Assistant U.S. Attorney Glenn Kirschner, disputed the significance of the lost e-mails. He said the government has solid evidence showing that defendants Joseph Price, Victor Zaborsky and Dylan Ward obstructed justice by engaging in evidence tampering to hide the facts surrounding Wone’s August 2006 murder.

But Bernard Grimm, Price’s attorney, told reporters after Friday’s status hearing before D.C. Superior Court Judge Frederic Weisberg that the government theory about the timing of the murder is “now under question.” He said the questions surfaced as a result of the government’s disclosure April 17 that Wone sent at least two e-mails from his BlackBerry at a time when prosecutors believed Wone dead. See Missing e-mails at issue in Wone murder * Tags = gay men gay news lesbian news transgender bisexual

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Obama’s 100-day gay report card

This Wednesday marks the 100th day since President Obama took the oath of office and, for the national lesbian, gay, bisexual and transgender community, never-before-experienced access to and inclusion in the federal government — although the LGBT community is still awaiting the appointment of an openly gay individual to the president’s cabinet.

Since taking office, Obama has appointed at least 35 openly LGBT individuals to federal posts. Nine of these employees were nominated for positions that required Senate confirmation, making Obama the first president ever to choose LGBT individuals for such positions within the first 100 days of the presidency.

Among the top LGBT appointments are John Berry as director of the Office of Personnel Management; Fred Hochberg as chair of the Export-Import Bank; Kathy Martinez as assistant secretary for the Office of Disability Employment Policy; Marisa Demeo as associate judge in the Superior Court of the District of Columbia; Nancy Sutley as chair of the White House Council on Environmental Quality; and Mercedes Marquez as the assistant secretary for community planning and development and Raphael Bostic as assistant secretary for policy development and research, both at the Department of Housing and Urban Development. See Obama’s 100-day gay report card

Philadelphia Gay News * Tags = gay men gay news lesbian news transgender bisexual

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Phillipsburg resident Dale Rissmiller draws three-year sentence in for gay bashing

A Phillipsburg man convicted in a 2006 gay-bashing case drew a three-year state prison today in state Superior Court.

Dale Rissmiller, 27, apologized to the judge before sentencing.

“I’m sorry for what happened to the victim,” he said.

Rissmiller — who has a history of assault convictions — pleaded guilty in February to bias intimidation and aggravated assault. “I clotheslined him,” Rissmiller told Superior Court Judge John Pursel during the plea hearing.

The term refers to striking someone on the throat with a forearm.

Rissmiller admitted he attacked Bryan Wesselius because the victim is gay. The clotheslining incident occurred after Rissmiller launched a 1:46 a.m. barrage of anti-gay comments at Wesselius and the victim’s two gay companions in the bar, authorities said.

Drunk and angered after a bartender bounced him, Rissmiller attacked Wesselius at the door, followed him outside and punched him, authorities reported.

Phillipsburg resident Dale Rissmiller draws three-year sentence in …

The Express Times – LehighValleyLive.com* Tags = gay men gay news lesbian news transgender bisexual

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California Court of Appeal Affirms Right of Transgender Individuals Living Out-of-State to Change California Birth Certificates

San Francisco, April 14, 2009 – In a groundbreaking victory for transgender people born in California, the California Court of Appeal ruled on Friday that any person can amend their California birth certificate regardless of their current state of residence. Previously, only current California residents could amend their California birth certificates.

In a unanimous decision, the California Court of Appeal held that all people born in California, regardless of where they currently reside, can petition a California court for a new birth certificate. The strongly-worded decision was authored by Presiding Judge James J. Marchiano, who stated that “we discern no compelling state interest in treating California-born transgender individuals who reside out of state differently from California-born transgender individuals who reside in California when either class seeks issuance of a new California birth certificate.”

The case was brought by Transgender Law Center (TLC) on behalf of Gigi Marie Somers. Ms. Somers, a sixty-seven year old transgender woman, was born in California and now lives in Kansas. Ms. Somers underwent sex reassignment surgery in 2005 and has lived as a woman for a decade. When she sought to have a new California birth certificate issued reflecting her female gender, she learned that out-of-state residents were required to obtain a court order from the state in which they resided. Unfortunately, Ms. Somers was not able to obtain a court ordered gender change from her county of residence in Kansas. Left in legal limbo and unable to change her birth certificate, Ms. Somers contacted TLC for help. After the San Francisco Superior Court denied her petition due to the residency requirement, TLC Legal Director Kristina Wertz represented Ms. Somers before the Court of Appeal.

“We are pleased that the Court of Appeal did the right thing for Ms. Somers and recognized her right to change her birth certificate,” said Ms. Wertz. “No one who is born in California should be denied the opportunity to change their birth certificate simply because they are transgender and have moved out of state. Ms. Somers can now rest assured that her birth record will always reflect who she truly is, a right that all people born in California enjoy. This is a landmark victory for transgender people all over the country.”

“I brought this petition because I did not feel that my transition would be complete until my birth certificate showed who I am. Everybody in my life accepts me for who I am, and I wanted to make sure my officials records did too,” said Ms. Somers. “I am extremely happy about this victory and grateful for all the work that TLC has done on my behalf.”

The decision also represents a victory for older transgender people. “It is courageous for a person at any age to fight for their identity. But to have a woman at the age of 67 seek recognition in two states to have her gender identity acknowledged takes remarkable bravery,” said Karen Taylor, Director of Advocacy & Training at Services & Advocacy for GLBT Elders (SAGE). “SAGE has many constituents who spent decades hiding who they were, living under terrible oppression and fear. We understand and celebrate the courage of all older adults who dare to step forward and demand to be acknowledged for who they are. Ms. Somers is an inspiration to all who seek justice and equal treatment, at any age.”

“We applaud the Transgender Law Center for winning this truly significant victory,” said Geoff Kors, Executive Director of Equality California (EQCA). EQCA is currently sponsoring the Equal ID Bill in the California legislature, which will statutorily ensure that transgender individuals can change their California birth certificates no matter where they presently live. Mr. Kors continued, “Our bill can now stand on the shoulders of this week’s landmark decision. Together, we are moving toward full equality for transgender people in California and across the country.”

The decision, Somers v. Superior Court, is currently available on the court’s website www.courtinfo.ca.gov/opinions/documents/A123445.pdf.
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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
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

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Only in New Jersey: No gay marriage but gay divorce

The AP reports that gay marriages performed outside New Jersey are recognized in the state for the purpose of divorce, according to a ruling Friday by a judge deciding whether a lesbian couple married in Canada can split.

State Superior Court Judge Mary Jacobson said in an oral ruling that New Jersey, which doesn’t allow gays to marry, has a long history of recognizing marriages that are valid where they were performed.

“To grant the divorce here is not against public policy,” Jacobson said. “It’s consistent with the strong marriage recognition principles that have been practiced since the 1800s.”

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Only in New Jersey: No gay marriage but gay divorce

“To grant the divorce here is not against public policy,” Jacobson said. “It’s consistent with the strong marriage recognition principles that have been practiced since the 1800s.”

See Only in New Jersey: No gay marriage but gay divorce
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Gay Housemates Face New Charges in DC Murder Case

A D.C. Superior Court grand jury late Thursday handed down a second indictment against three gay men charged earlier with obstruction of justice in the August 2006 murder of Washington attorney Robert Wone.

The latest indictment charges Joseph Price, Victor Zaborsky, and Dylan Ward with conspiracy and evidence tampering in connection with the Wone murder.

See Gay Housemates Face New Charges in DC Murder Case