Romania bans same-sex marriage
An American conservative legal group claims victory as Romania bans same-sex marriage.
Tags: Legal Group, marriage, Romania Sex, same sex marriage, VictoryUN allows gay, lesbian group to join debates
(Geneva) The United Nations granted official status to a gay and lesbian organization from Brazil on Monday, allowing it to participate in U.N. meetings ranging from health to human rights.
The victory for the Brazilian Association of Gays, Lesbians and Transsexuals marks the third consecutive year the U.N. Economic and Social …
Tags: Brazilian Association, Debates, Gay And Lesbian, Gay Brazil, Gay Group, Gay Lesbian, Geneva, health, Human Rights, Lesbian Group, Lesbian Organization, Lesbians, Third Consecutive Year, United Nations, VictoryHuman Rights Campaign PAC, Gay & Lesbian Victory Fund Endorse Anthony Woods For U.S. Congress
The Human Rights Campaign PAC, the nation’s largest lesbian, gay, bisexual and transgender civil rights organization, and the Gay & Lesbian Victory Fund, which works to grow the number of openly LGBT elected officials across the U.S., announced today the endorsement of Anthony Woods for U.S. Congress. Woods, who is running in the September 1 Special Election for California’s 10th Congressional District, earned the Bronze Star after serving two tours in Iraq in the U.S. Army. He was honorably discharged after challenging the military’s “Don’t Ask, Don’t Tell” law.
“The Human Rights Campaign is proud to endorse Anthony Woods, a veteran of the Iraq war and steadfast advocate for our community, to become the next U.S. Congressman from California’s 10th district,” said Human Rights Campaign President Joe Solmonese. “Anthony hasn’t just shown his support on issues of LGBT equality, he’s lived them — especially the repeal of ‘Don’t Ask, Don’t Tell.’ Anthony’s support of marriage equality will also be important as we work to repeal Proposition 8, which stripped marriage rights away for California’s same-sex couples. There is no doubt that Anthony will be a role model for LGBT youth, and we applaud his continuing service to our country.”
“Anthony Woods is an exciting candidate with a tremendous record of accomplishment. He’s also running an impressive campaign. Anthony has assembled a solid campaign team that understands what it will take to win this extremely competitive race. We need more leaders like Anthony Woods in the U.S. Congress, so we are proud to endorse him,” said Chuck Wolfe, president of the Gay & Lesbian Victory Fund. “His will be an authentic voice not only for the people of California’s 10th Congressional District, but for the millions of Americans for whom the promise of equality remains unfulfilled.”
“I am honored and proud to earn the support of Human Rights Campaign and the Gay & Lesbian Victory Fund,” said Anthony Woods, candidate for California’s 10th Congressional District. “They’re working to make sure America lives up to its promise of equality under the law, which is something I’ll fight for in Congress.”
Anthony Woods was born and raised in Fairfield, California. He is a graduate of West Point and earned his masters degree from the Kennedy School of Government at Harvard University. In addition to his years of service in the Army, Woods has worked on economic policy issues in both the public and private sectors. To learn more visit: www.AnthonyWoodsForCongress.com.
The Human Rights Campaign is America’s largest civil rights organization working to achieve lesbian, gay, bisexual and transgender equality. By inspiring and engaging all Americans, HRC strives to end discrimination against LGBT citizens and realize a nation that achieves fundamental fairness and equality for all.
The Gay & Lesbian Victory Fund is the only national organization dedicated to increasing the number of openly LGBT elected officials at all levels of government in the U.S.
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A consensus: among consultants Wait until 2012 To Repeal Prop 8
he advice is piling up on one side for folks who want to see same sex marriage legalized in California: Wait until 2012 to ask voters to overturn Proposition 8.
We’ve told you about the three LGBT coalitions of color who suggested waiting, and the nation’s oldest LGBT Democratic club saying the same. Now some of California’s top political consultants are joining the chorus.
Now, now. We know that some gay marriage fans blame consultants for the ruinous anti-Prop 8 campaign. But Equality California marriage director Marc Solomon — who helped lead the successful drive for marriage in Massachusetts — asked seven to share their thoughts on the 2010 v. 2012 question. Plus, they asked what the LGBT community and their allies should do to prepare to go back to the ballot. Three were openly LGBT (including two who are married) and one is a Republican.
The consensus: Wait until 2012.
Sue Burnside, co-chair of the National Gay & Lesbian Victory Fund Campaign Board, is “convinced that we should refrain from rushing in 2010, and instead to build on grassroots passion and strategically prepare for a ‘Yes on Marriage Equality’ referendum in 2012.” Ditto for Mark Armour and Rick Claussen suggests “a multi-year campaign that culminates in an election when the time is right.”
“If you do UNSUCCESSFULLY undertake this issue at the ballot in 2010, this will further erode public support on the issue and make it harder for future efforts to succeed,” Claussen said.
Even though Democratic consultant Richie Ross — who has won a bazillion races in California going back a few decades — doesn’t offer a definitive suggestion, he presents a raw numbers breakdown that suggests that by 2012 there will be more young voters on the rolls (likely to vote for gay marriage) and more older voters (likely to oppose) dying off.
Dave Fleischer, who has worked on many gay-related ballot measures over the years, worries about money. Each side on the Prop 8 battle raised at least $40 million. “The most conventional path to victory employed by a wide variety of campaign strategists — bury your opposition by dramatically outspending them, effectively drowning out their message — isn’t an option when the opposition is as well-funded as ours is in California.” He worries that the 66 weeks until Nov 2010 “is a very brief time to raise $40-50 million.”
Plus, he worries if “our strategy, in a lower turnout year, (can) insure that those who voted withus in 2008 return to the polls in greater numbers than those who voted against us? We can certainly try. But we have to acknowledge that this would be very difficult. Key blocs of our supporters, such as younger voters, often turn out to vote in reduced numbers in off-years.”
Former Los Angeles Times pollster Jill Darling said “Did the 2008 campaign move voters? Are the post-elections efforts having any effect? Nothing measurable, as of May.”
See The consensus: Wait until 2012.
San Francisco Chronicle
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Gay Rights Groups Seek to Intervene in Federal Challenge to Calif. Same-Sex Marriage Ban
Gay rights groups’ attempt to intervene in a federal challenge of California’s Proposition 8 has created a rift with the high-powered attorneys heading the case, turning erstwhile allies into head-butting competitors.
Both sides have diverging visions of legal strategy. The gay groups are pushing a cautious, narrow approach based on the circumstances of Prop 8, while Theodore Olson, David Boies and their backers are seeking a decisive victory for all gay couples under the U.S. Constitution.
The civil rights groups — the National Center for Lesbian Rights, Lambda Legal Defense and Education Fund and the American Civil Liberties Union — are also worried that the Olson/Boies team is underestimating the importance of U.S. District Chief Judge Vaughn Walker’s insistence on a fully developed factual record. They moved this month to intervene (pdf) so they can present evidence of historic discrimination against gays and lesbians and answer Walker’s questions, such as whether sexual orientation can be changed and whether same-sex marriages destabilize opposite-sex marriages.
See Gay Rights Groups Seek to Intervene in Federal Challenge to Calif …
Above the Law
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DOJ Will Not Appeal Veteran’s VictoryIn Transgender Discrimination Case
Signals Commitment By Obama Administration To Protect Transgender Workers From Discrimination
WASHINGTON, DC – The U.S. Department of Justice decided not to appeal a federal court ruling awarding transgender veteran Diane Schroer the maximum compensation for the discrimination she suffered after being refused a job with the Library of Congress. The deadline for seeking an appeal was June 30. The American Civil Liberties Union has represented Schroer in her case.
The Obama administration’s decision whether to appeal the final ruling in the case has been closely watched in part because the Bush administration defended the case so vigorously, arguing that transgender Americans are not protected by any existing federal laws. The decision not to appeal the verdict is consistent with the Obama administration’s campaign promises to protect transgender workers against discrimination and his administration’s recent order taking steps to bar gender identity discrimination in federal employment.
“I am grateful that the court took the time to examine the case in detail and come to a fair and unbiased decision. In that same light, I am gratified that the current administration saw this for what it was, a case of sex discrimination focused against transgender people, and recognized that it must end in this country,” said Schroer, an Army Special Forces veteran with 25 years service. “The important signal that the administration’s decision sends to all LGBT individuals gives me renewed hope and restores some of my shaken faith in what our country stands for.”
On April 29, 2009, a federal court awarded Schroer maximum damages of $491,190 for back pay, other financial losses and emotional pain and suffering after finding the Library illegally discriminated against Schroer because of her sex. At trial, Schroer testified that she had applied for a position with the Library of Congress as the senior terrorism research analyst and was offered the job. Prior to starting work, she took her future boss to lunch to explain that she was in the process of transitioning and wished to start work presenting as female. The following day, Schroer received a call from her future boss rescinding the offer, telling her that she wasn’t a “good fit” for the Library of Congress.
“We are pleased and relieved that the Obama administration has decided to bring an end not only to years of hard-fought litigation but also to a painful chapter of Ms. Schroer’s extraordinary life,” said Sharon McGowan, a staff attorney with the ACLU LGBT Project. “The administration’s decision not to challenge this important civil rights ruling is a welcome sign that it intends to live up to its commitment to help end transgender discrimination in the workplace.”
The ACLU filed the lawsuit against the Library of Congress on June 2, 2005, charging that the library unlawfully refused to hire Schroer in violation of Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in the workplace. In an earlier ruling in this case, the court issued a groundbreaking opinion that discriminating against someone who transitions from living as one gender to another is sex discrimination under federal law. In reaching this decision, the court compared the discrimination faced by Schroer to religious-based discrimination, saying, “Imagine that an employee is fired because she converts from Christianity to Judaism. Imagine too that her employer testified that he harbors no bias toward either Christians or Jews but only ‘converts.’ That would be a clear case of discrimination ‘because of religion.’ No court would take seriously the notion that ‘converts’ are not covered by the statute.” The court also ruled that the library was guilty of sex stereotyping against Schroer because of its view that she failed to live up to traditional notions of what is male or female.
“This case put employers on notice that discrimination against transgender individuals is like any other form of discrimination – counterproductive and against our principles as a nation,” added Schroer. “But this case alone won’t end the rampant discrimination that transgender people face throughout the country. That’s why we need Congress to pass the Employment Non-Discrimination Act that was introduced last week.”
In addition to McGowan, the legal team consisted of Ken Choe, Senior Staff Attorney for the ACLU LGBT Project, James Esseks, Litigation Director for the ACLU LGBT Project and Arthur Spitzer, Legal Director of the ACLU of the Nation’s Capital.
A copy of the decision, the complaint, a video, a bio and photographs of Diane Schroer are available at: http://www.aclu.org/lgbt/transgender/24969res20050602.html
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National Gay and Lesbian Task Force applauds Census Bureau’s plan to count married same-sex couples
Task Force staffers have been meeting with officials from the White House, Census Bureau and Commerce Department to press for this policy reversal
WASHINGTON, June 20 -The National Gay and Lesbian Task Force applauds reports that the U.S. Census Bureau will count married same-sex couples in the 2010 census, reversing an earlier decision made under the Bush administration. Previously, same-sex couples only had the option of checking off ‘unmarried partner,’ which will remain an option. The Task Force has played a leading role in getting the Census Bureau to change course. Task Force staffers have been pressing for a reversal of the discriminatory policy in meetings that started in late 2008 with the Obama transition team, continuing later with officials from the White House, Census Bureau and Commerce Department.
tatement by Rea Carey, Executive Director National Gay and Lesbian Task Force
“This is a huge win for our community. Our community and allies stood up and refused to allow same-sex marriages, our
families and our children to be rendered invisible in the picture of our country provided through the census.
“After months and months of pressure through the grassroots campaign we waged and our in-person meetings with administration officials, the U.S. Census Bureau has reversed policy and will be accurately counting the thousands of same-sex couples who have worked so hard to have their love and commitment recognized.
“This gives us hope that we will also be able to get the federal government to include lesbian, gay, bisexual and transgender people in the data and reporting on other critical issues, including those having to do with our health, economic issues, safety and life circumstances. As a married person myself, I look forward to filling out the census form, knowing that my family will be counted accurately.
“We would like to thank Gary Gates of the Williams Institute for his years of work and for partnering with us to educate the administration on this critical issue of visibility for our community.”
The Task Force’s work leading to this victory
The Task Force has been working for months to secure a reversal of the discriminatory policy.
* Task Force staff met with Obama transition team members to educate them about this critical issue, and to provide concrete ways for them to make this change.
* Task Force staffers, including Executive Director Rea Carey and Policy Institute Director Jaime Grant, have been pressing for a policy change in meetings that started in late 2008 with the Obama transition team, continuing later with officials from the White House, Census Bureau and Commerce Department.
* In February, the Task Force Policy Institute convened 20 leading lesbian, gay, bisexual and transgender rights organizations to meet with top census outreach officials. In this meeting, the groups collectively refused to engage in community outreach on the census until the anti-marriage policy was reversed.
* The Task Force partnered with the Williams Institute to provide officials from the White House, Census Bureau and Commerce Department with research essential to making this change.
* The Task Force undertook a major grassroots campaign to both educate the public on this issue and to apply pressure to the administration.
* The Task Force worked with key elected officials to provide them with
information so they could write letters to Commerce Secretary Gary Locke and
the incoming director of the Census Bureau to advocate for change.
* The Task Force is part of a coalition of researchers and advocates
crafting a community education campaign to launch following the change of
policy.
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Victory for Gay Rights in Sight
Gay rights activists are understandably up in arms over recent missteps and continuing inaction by the Obama administration on issues important to the lesbian, gay, bisexual and transgender (LGBT) community. A brief, filed by Obama’s Justice Department in a case challenging the legislation which prohibits recognition of same-sex marriage, was out of line in drawing parallels between incest and gay marriage. President Obama’s foot-dragging on reversing the military’s “Don’t Ask, Don’t Tell” policy, which prevents gay and lesbian people from serving openly in the military, is especially confounding as the U.S. continues to engage in two wars.
Still, 40 years after rioting patrons at the Stonewall Inn in New York City sparked the gay rights movement; full equality for LGBT people is finally in sight.
Disappointment with President Obama on these issues should be balanced with other actions he has taken recently such as declaring June as Lesbian, Gay, Bisexual and Transgender Pride Month and extending some (albeit not all) benefits to federal employees who are gay. There are smaller victories as well.
See Victory for Gay Rights in Sight
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LA Times Editorial: A court battle California doesn’t need
The Supreme Court’s ruling last week in the case of a grandiosely unethical West Virginia justice opened a new field of constitutional review — the high court may now consider when an elected state court jurist has been so tainted by politics that due process requires him to recuse himself from a case.
In West Virginia, a coal executive spent more than $3 million to unseat a sitting state Supreme Court justice; it was money well spent, as the justice was defeated by voters and replaced by Brent Benjamin. Benjamin then did what was expected of him and cast a deciding vote in overturning a $50-million jury award against the executive’s coal company.
Indeed, California has wrestled with this problem before — and quite possibly could again.
California’s system for selecting Supreme Court justices is much better than West Virginia’s. Candidates for the court here are nominated by the governor, confirmed by a state commission and then placed on the bench. They must periodically stand for retention, but they are not, as they are in West Virginia, subject to direct challenge by rival candidates. A retention election can cost a justice his or her seat, but it does not let voters kick out one justice and install their own replacement.
California’s rules have helped balance the judiciary’s independence with the public’s fair insistence on accountability, but even this state’s reasonable retention process has been subject to tilt. Most notable was the 1986 retention election that removed Chief Justice Rose Bird and two associate justices, Cruz Reynoso and Joseph Grodin. Much reflection has gone into that race in the decades since, and opinions differ on its merits. Two truths, however, stand the test of deep inquiry: The forces arrayed against Bird were not motivated solely by her opposition to the death penalty — that was cover for a second complaint, which was her defense of consumer rights against corporate power — and Reynoso and Grodin were victims of a special-interest crusade against a vulnerable chief.
Would that we could relegate that episode to California’s history. In fact, the state rumbles with discontent over its high court and chief, and those stirrings contain alarming echoes of the battle of 1986.
At issue are the court’s rulings on same-sex marriage and Proposition 8, and its chief justice, Ronald M. George. In May 2008, the court overturned the state’s ban on gay marriage, striking a victory for civil rights in the grandest tradition of constitutional protection of minorities. A few months later, after voters approved Proposition 8 and amended the state Constitution to ban the same institution that the court had upheld, George and his colleagues upheld the amendment. Both times, George wrote for the majority. He thus angered opponents of gay marriage in 2008 and supporters of it in 2009.
By California’s rules, George faces a retention election in 2010, and some predict that he could face challenges from either side — or even both — in this polarizing debate.
That would be a shame for the state’s judiciary, an unfortunate attack on judicial independence and an unfair castigation of one of this state’s most principled and admirable public officials. In the gay-marriage cases, George’s votes demonstrated conscience, professionalismand restraint. He voted to uphold same-sex unions out of the strong conviction — which this page shares — that the Constitution does not allow society to deny the protection of marriage to gay couples any more than it once denied it to those united across race. The ruling was right on the law, and will certainly be validated over the long march of history.
Months later, voters tacked in the other direction, narrowly rejecting gay marriage and amending the Constitution to allow California to recognize only the unions of heterosexual couples. That was challenged, naturally, and the lawsuit offered the court the opportunity to extend its earlier ruling, though on shaky constitutional grounds — advocates for same-sex marriage argued that Proposition 8 was such an affront to the rights of Californians that it revised the Constitution rather than merely amending it. Scholars split on the merits of that argument, and although the strong consensus of legal opinion rejectedit, an opportunistic justice might have seized the chance to solidify his legacy.
Instead, George subordinated his politics — as evidenced by his writing — to the weight of constitutional opinion. He voted to uphold the proposition, even though it undid his own work. Permitted latitude within the strictures of the Constitution in the first case, George was able to vote his conscience; bound by the Constitution in the second case, he yielded.
Such is the lot of a principled judicial officer, but those concerned only with results already have signaled their unhappiness with George. The moneyed interests that supported Proposition 8 last fall are considering whether to finance a campaign against George next year. Supporters of gay marriage, who championed his heroism in 2008, were bitterly disappointed when the court upheld the hateful initiative.
This is not West Virginia. Corporate interests are not knocking off justices who disagree with them and seating more accommodating replacements. But intimidation has no place in our judicial life any more than it does in Appalachia. The 1986 campaign against Bird and her colleagues now stands for many as a reminder that well-intentioned systems of accountability may be hijacked by special interests, a lesson learned too often and at great cost in California. It was misguided in its first iteration; it would be regrettable in its second.
See A court battle California doesn’t need
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Panel backs transgender woman in restroom case in Maine
AUGUSTA, Maine — The Maine Human Rights Commission decided Monday that a transgender woman was discriminated against at a Denny’s restaurant in Auburn when management would not let her use the ladies room until she had sex reassignment surgery.
While the lawyer representing the Denny’s owners said that the 3-2 decision could have far-reaching, negative consequences for all Maine businesses with shared restroom facilities, it was hailed as a civil rights victory by the Maine Civil Liberties Union and advocacy organization Equality Maine.
“It’s important to know that people have rights, including transgender [people], and that businesses are not free to discriminate,” said Zachary Heiden, the legal director of the MCLU.
See Panel backs transgender woman in restroom case Bangor Daily News
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