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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.

* Tags = gay men gay news lesbian news transgender bisexual

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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

Minneapolis Star Tribune

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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.

Benjamin’s participation in the case assured him a place in the judiciary’s annals of shame, and his corruption was so blatant that the U.S. Supreme Court majority that rebuked him argued that it was not opening the door to many future challenges. Surely, it reasoned, no justice will behave this badly again. That may or may not prove to be true — the court offered little in the way of guidance as to what constitutes impermissible political influence — yet Benjamin’s case sadly but surely will not be the last in which big-money politics and judicial independence collide.

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

Los Angeles Times -

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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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Mayor quits job for gay illegal immigrant he loves

It was, simply put, the most stunning abdication since King Edward VIII in 1936 gave up the British throne for Wallis Simpson, the twice-divorced American socialite.

Only two weeks after being elected to serve his fourth term, Mayor J.W. Lown of San Angelo submitted his resignation letter Tuesday from an undisclosed location in Mexico.

No, being mayor of San Angelo is not exactly the same as being the King of the United Kingdom and Emperor of India, but the reason for Lown’s abdication is the same as Edward’s.

Love.

What made it stunning wasn’t the status of Lown’s office, which pays $600 a year, but the status of his lover.

Lown fell for an illegal Mexican immigrant.

A man.

Lown told the San Angelo Standard-Times he had fallen for the man in March, after he had already filed for re-election. The man came to the U.S. five years ago to study at Angelo State University.

It was unclear whether he had a student visa, but if he did it apparently had expired.

Lown told the Standard-Times he chose not to take the oath of office while “aiding and assisting” a person who was illegally in the country.

Lown had been an extraordinarily popular mayor. Only 32 years old, he was elected in 2003 as the city’s youngest mayor. Serving in an office that inevitably requires decisions that accumulate enemies, he managed to get re-elected three times with increasing margins of victory each time. Two weeks ago he defeated two challengers by garnering 89 percent of the vote.

 See Mayor quits job for gay illegal immigrant he loves Houston Chronicle

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Governor Gregoire Signs Domestic Partnership Law

It’s not marriage. But a new law in Washington state will soon give gay and lesbian couples the same legal rights as married couples. Governor Gregoire signed the measure Monday.

Hundreds of couples, families and children packed into a muggy Seattle community center, to celebrate a victory. They cheered as Governor Chris Gregoire signed the so–called “everything but marriage” bill.

Gregoire: “It is time for all us here in the state of Washington to stand up and say, ‘We stand for justice. And we stand for shared responsibility to one another.’ Today is that day.”

This measure is the latest step in a three–year effort to give gay couples the same rights as married couples. This final piece adds spousal benefits and rights previously denied to some domestic partners, like workers’ compensation and disability insurance.

See Governor Gregoire Signs Domestic Partnership Law

KUOW NPR -
Domestic partnership law gives gay couples same rights as marriage KPAX-TV
Will Washington’s Catholics become California’s Mormons Examiner.com
“Everything But Marriage” Law in Wash. Advocate.com

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Ward 8 Democrats Act Ahead of D.C. Council Legislation

The District’s same-sex marriage debate continued yesterday in the basement of a library in Ward 8, the predominantly African American community that council member Marion Barry invoked in justifying his recent vote against a bill to recognize gay marriages performed outside of the city.

But yesterday, gay rights advocates declared victory in a key battle to set the tone for the issue when the Ward 8 Democrats voted 21 to 11 to support the legalization of same-sex marriage, in preparation for legislation expected to be introduced in the D.C. Council this year.

The Ward 8 vote came after almost two hours of discussion about religion, referendums and civil rights among the crowd of about 100 people at the Washington Highlands Library on Atlantic Avenue SW.

Barry, who was scheduled to speak for the opposition, did not attend. Sandy Allen, a former council member and president of the Ward 8 Democrats, said Barry told her he had a doctor’s appointment.

More than a week ago, Barry drew ire and praise when he was the lone dissenter in a 12 to 1 vote to recognize same-sex marriages from other jurisdictions. Barry, a civil rights icon and a longtime supporter of gay rights, said his vote represented the feelings of the predominantly black Ward 8 and, in a broader sense, most black people in the District.

Local gay rights advocates say there is some credence to Barry’s argument. A 2006 poll by a local group advocating same-sex marriage shows strongest opposition among black residents. Some of those sentiments were on display at yesterday’s Ward 8 discussion.

“We are not homophobic. We are not hatemongers. We love everybody,” said the Rev. Patrick J. Walker, chairman of a new task force of ministers opposed to gay marriage. The task force is part of the Missionary Baptist Ministers’ Conference in the region, which pressed Barry to vote against the same-sex marriage recognition legislation.

“It’s our position that this is an issue that should go before the people. Thirteen people . . . should not set the moral compass of this city,” Walker said, referring to the members of the council. He is the pastor of New Macedonia Baptist Church in Southeast.

See A Vote for Same-Sex Marriage Ward 8 Democrats Act Ahead of DC …
Washington Post* Tags = gay men gay news lesbian news transgender bisexual

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Out Houston City Council candidate qualifies for runoff election

Out Houston City Council candidate qualifies for runoff election
Out candidate Maverick Welsh, a former chief of staff for the Houston City Council who is endorsed by the Victory Fund, will face former police officer Ed Gonzalez in a runoff election for a City Council seat. In other election news, voters in Fort Worth, Texas, re-elected out City Councilman Joel Burns, who was running unopposed. GayPolitics.com (5/11) , KHOU-TV (Houston) (5/11) * Tags = gay men gay news lesbian news transgender bisexual

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Lambda Legal Marks First Anniversary of Historic California Marriage Victory

‘…denying marriage to loving and committed same-sex couples is morally wrong…’
(Los Angeles, May 15, 2009) — On the first anniversary of the California Supreme Court’s historic ruling in In re Marriages, Lambda Legal Marriage Project Director Jennifer C. Pizer issued the following statement:
“One year ago today many thousands of lesbian and gay Californians became full citizens for the first time when the state supreme court ruled that we all are equal under law and everyone – gay and straight alike – must have the same right to marry the person they love. For some of us who’d worked on the case for years, the court’s clarion clear decision gave real meaning to the California Constitution’s promise of equality. And then, as more than 18,000 same-sex couples jubilantly exercised that right all over the state, family and friends shared their joy, cried during their vows, and were changed for the better.

The court’s historic decision also paved the way for the high courts of Connecticut and Iowa, which in turn gave great boosts to the legislatures in Vermont, Maine, New Hampshire and the District of Columbia. Awareness now is dawning for great numbers of Americans that denying marriage to loving and committed same-sex couples is morally wrong and inflicts real harms—government should not be in the business of discrimination. Public opinion is shifting fast toward fairness. But no minority should have to depend on the generosity of the majority to enjoy basic rights. Proposition 8′s theft of our right to marry has advanced a broadly pernicious recasting of “equal protection” that, if upheld, puts every California minority at risk. It was a sad, knee-jerk response to the sight of couples in love celebrating their happiness.

Paper is the traditional first anniversary gift and there are two obvious examples — our constitution, torn asunder by Prop 8′s antigay exception, and the high court’s imminent decision that we hope will mend that tear. Today’s anniversary reminds us that we win in court and in life when we publicly celebrate our truth, love and joy in equal measures.”

Jennifer C. Pizer is Director of Lambda Legal’s Marriage Project and co-counsel in the cases that established same-sex couples’ right to marry in California and the pending challenge to Proposition 8.

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California Assembly passes legislation that extends protections for the LGBT community

This week the California Assembly passed legislation that extends protections for the LGBT community with the most support of any EQCA-sponsored bill in history.
In a legislature that votes mostly on party lines on social issues, your direct grassroots action with EQCA has resulted in increased support for our legislation—proving that equality is not a partisan issue.
The bill, which will require prisons to include sexual orientation and gender identity when identifying prisoners who need protection, passed by an overwhelming margin of 65 to 9. 14 of the 29 Republican members voted for the legislation and 6 members abstained from the vote.
This recent victory is just one result of the hard work we have done together to gain more and more support for LGBT equality. Through your countless emails and lobby visits over the years you have shown all members of the Legislature the vital importance of LGBT equality. Members have told me personally that hearing stories from their constituents has only increased their support for EQCA’s legislation.

All of EQCA’s current legislation continues to pass their committees, including yesterday’s Assembly Judiciary Committee vote to make changing one’s gender identification more accessible for transgender persons and last week’s bipartisan vote in the Senate Education Committee to designate May 22 as Harvey Milk Day.

And this recent activity is evidence that the arc of equality always bends toward progress.

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