2010 Census Will Count Same-Sex Couples In Reversal Of Bush Policy

U.S. Census Bureau officials said Friday that married same-sex couples will be counted as such in the 2010 national tally, reversing an earlier decision made under the Bush administration.

Steve Jost, a spokesman for the Census Bureau, said officials already were identifying the technical changes needed to ensure the reliability of the information, but remained committed to providing an accurate tally of gay spouses.

“They will be counted, and they ought to report the way they see themselves,” Jost said. “In the normal process of reports coming out after the census of 2010, I think the country will have a good data set on which to discuss this phenomenon that is evolving in this country.”

Same-sex couples could not get married anywhere in the United States during the last decennial count. But last summer, when two states sanctioned gay unions, the bureau said those legal marriages would go uncounted because the federal Defense of Marriage Act prevented the federal government from recognizing them.

See 2010 Census Will Count Same-Sex Couples In Reversal Of Bush Policy

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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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Gay marriage effort shifts back to New England

(Montpelier, Vt.) Vermont was the first state to outlaw slavery. Neighboring New Hampshire declared its independence from England before any other colony. Maine led the way with Prohibition.

These days, Yankee activism has another cause – gay rights.

Two states in New England already allow same-sex marriage, and lawmakers in three more …

Battle over child visitation rages on despite rulings

(Winchester, Virginia) A woman attempting to keep her former partner from having visitation rights to her daughter is refusing to accept court rulings in two states and the refusal of the US Supreme Court to become involved.

Lisa Miller has filed another appeal in the case. This time her attorneys argue …

State Web Site Aims To Draw Gay, Lesbian Tourists

BOSTON — Massachusetts may be hoping to capitalize on its status as one of only two states in the country where gay marriage is legal by launching a new tourism Web site directed at lesbian, bisexual, gay and transgender tourists.

The Massachusetts Office of Travel and Tourism is hoping to dip its toes into the estimated $70 billion LBGT travel industry with the new Web site, which was launched on Wednesday.

The Web site offers visitors information on LBGT events all over Masachusetts, along with marriage, entertainment, family fun and general travel information. See State Web Site Aims To Draw Gay, Lesbian Tourists
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