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NEW ACS ISSUE BRIEF URGES CONGRESS TO PROTECT LGBT WORKERS AND PASS THE EMPLOYMENT NON-DISCRIMINATION ACT (ENDA)
For Many Workers Labor Day is Cause for Celebration; For the LGBT Community, Author Says, Congressional Action is Needed to Achieve Workplace Equality
Washington, D.C. – For some, Labor Day may be a fleeting moment for taking stock of personal and professional advancement, for millions of others it is a day to celebrate the nation's workforce. But for lesbians, gay men and transgender persons, it is a reminder that equality in the workforce has yet to be achieved, writes Professor Maxine Eichner in an ACS Issue Brief urging Congress to pass the Employment Non-Discrimination Act (ENDA).
Eichner, a professor at the University of North Carolina School of Law, notes that Congress has taken many steps to protect workers from discrimination, including passing the Civil Rights Act of 1964, which "prohibited discrimination on a number of bases: race, religion, color, national origin and sex," as well as other federal laws protecting against age discrimination and discrimination against workers with disabilities.
These achievements highlight the continuing lack of federal protection for lesbian, gay, bisexual, or transgender (LGBT) workers, writes Eichner in "The Employment Non-Discrimination Act: Requiring Fairness for All Employees Regardless of Sexual Orientation or Gender Identity." The author calls for Congress to finally pass ENDA as part of its tradition of working to end discrimination in the workplace.
"ENDA," Eichner explains, "would ban discrimination based on sexual orientation and gender identity with respect to hiring, firing, and terms of employment. The bill would also protect workers from retaliation. In this way, ENDA is an important step toward ensuring fairness for LGBT workers. The legislation stands for the proposition that like other employees, gay, lesbian, bisexual, and transgender employees should be judged based on their work performance, rather than on their sexual orientation or gender identity."
Citing a recent CareerBuilder.com study, Eichner notes that twenty-eight percent of LGBT workers reported suffering from workplace discrimination.
"In one reported case, a gay maintenance worker had his hands and feet bound by his co-workers. In another, a transgender corrections officer was smashed into a concrete wall. Further, accounts of LGBT workers who are subjected to harassing comments and unequal working conditions once their status was discovered abound.
"Because of the lack of legal protections, many LGBT workers constantly police their own interactions with others in order to avoid disclosing their LGBT status: They pay attention to every statement they make to ensure that they do not disclose their living situation, family status, the identity of their partner, where and with whom they went the night or weekend before, and so on," Eichner writes.
Federal action is needed, Eichner continues, because most states have failed to respond to discrimination against LGBT workers. "Twenty-nine states, including all of the South, and most of the Midwest and West, afford no employment discrimination for gays and lesbians. Moreover, the twenty-one state statutes that offer some protection generally are significantly limited in scope."
She concludes that Congress should act by passing ENDA, which she calls a "modest, pragmatic step that would help ensure that these workers are judged fairly, based on their work performance rather than their sexual orientation or gender identity."
Eichner's Issue Brief is available here (pdf). Contact the ACS Communications Department to arrange interviews with the author.
The American Constitution Society for Law and Policy is one of the nation's leading progressive legal organizations, comprised of lawyers, judges, students and policy makers committed to promoting the vitality of the Constitution and the fundamental values it expresses. The views of the authors and speakers are their own and should not be attributed to ACS. For more information about ACS, visit www.ACSLaw.org.
[9/6/10]
SYNERGY CLAIMS CLEVELAND, FEDERATION OF GAY GAMES CONSPIRED AGAINST THEM
In a lawsuit filed Thursday, Cleveland Synergy Foundation claims the City of Cleveland and the Federation of Gay Games (FGG) conspired to knock out Synergy from acting as host of Gay Games 2014.
On July 6, the FGG severed its relationship with Synergy, a non-profit group formed specifically to attract the Olympic-style event to Cleveland.
Kelly Stevens, an FGG spokesman, told Cleveland daily the Cleveland Plain Dealer that it revoked Synergy's license to host the games because it had failed to meet certain reporting requirements and had worked on events other than the Gay Games. Stevens also said the group remains committed to holding the event in Cleveland.
But, according to documents filed in Cuyahoga County Common Pleas Court, the FGG would consider moving the 2014 games to runner-up city Washington, D.C. "if Cleveland fails to meet a set of conditions by Dec. 15, including the creation of a new gay-run organization to produce the games."
The city, however, insists it will meet the deadline. > Full Story. [9/3/10]
ALVIN GREENE ACCUSED OF USING ANTI-WHITE, ANTI-GAY SLURS
The man who shocked the political world by becoming a Democratic candidate for U.S. Senate has been accused of using anti-gay and racial slurs. > Full Story. [9/3/10]
EBAY ART THIEF CAUGHT WITH HIS PANTS DOWN
Artist Paul Richmond recently discovered that his paintings are being re-created and sold on eBay by a Chinese "fake art factory." With the help of some creative friends, he is working to catch the thief with his pants down, and he's reaching out to artists and art enthusiasts to help him send eBay a message. > Full Story. [9/2/10]
NBJC CONVENES OUT ON THE HILL
NBJC Convenes OUT on the Hill – A Gathering of Black LGBT Activists in the Nation's Capitol during the Congressional Black Caucus Foundation's
40th Annual Legislative Conference, Sept. 15-18, 2010 > Full Story. [9/1/10]
GLSEN CONGRATULATES ABC’S ‘MODERN FAMILY’ FOR 6 EMMYS
GLSEN will be first national LGBT organization to honor hit show
NEW YORK, August 30, 2010 – GLSEN, the Gay, Lesbian and Straight Education Network, congratulates ABC's "Modern Family," a groundbreaking hit comedy that includes the positive portrayal of a family headed by LGBT parents and has addressed bullying in schools, for its six Emmy wins Sunday, including Outstanding Comedy Series. GLSEN will honor the show at the Respect Awards – Los Angeles, Presented by Centropolis Entertainment, on Oct. 8 at the Beverly Hills Hotel.
"We congratulate ABC's 'Modern Family' for its well-deserved six Emmy wins and 14 nominations," GLSEN Executive Director Eliza Byard said. "The show positively reflects the realities of diverse families and deals sensitively with the crucial current issue of bullying, and GLSEN is thrilled to see the show receive such terrific acclaim and recognition. GLSEN looks forward to being the first national LGBT organization to honor 'Modern Family,' at our Respect Awards – Los Angeles on Oct. 8." > Full Story. [8/31/10]
GAY SEX STING OPERATIONS SPARK CONTROVERSY, RAISE QUESTIONS
LGBT groups continue to seek answers in the fatal police shooting of Defarra "Dean" Gaymon in a popular cruising area in a Newark, N.J., park on July 16, but this case is the latest in a series of incidents in New Jersey, New York City, Boston and other cities that have shed a harsh spotlight on sting operations that opponents maintain unfairly ... > Full Story. [8/31/10]
OMAHA WORLD-HERALD NEWSPAPER TO PUBLISH GAY MARRIAGE ANNOUNCEMENTS
The Omaha World-Herald, one of the largest newspapers in the Midwest, is trying to dodge an online controversy by offering to publish legal gay marriages (but not commitment ceremonies) in its "Celebrations" section. > Full Story. [8/31/10]
KELLY OSBOURNE JOINS JOAN RIVERS, GIULIANA RANCIC AND GEORGE KOTSIOPOULOS FOR E!'S "FASHION POLICE"
One-Hour Emmy "Fashion Police" Special Airs Monday, August 30 at 10:00PM ET/PT and New Weekly "Fashion Police" Series Premieres Friday, September 10 at 10:30pm ET/PT only on E! > Full Story. [8/27/10]
SLDN ISSUES NATIONAL ACTION ALERT URGING REPEAL SUPPORTERS TO SET UP IN-STATE MEETINGS NOW
Servicemembers Legal Defense Network (SLDN), a national, legal services and policy organization dedicated to ending "Don't Ask, Don't Tell" (DADT), issued a national action alert today to members and advocates. The action alert, signed by former Petty Officer Second Class Jed Batchelder, U.S. Navy, asks supporters to schedule in-state meetings with their U.S. senators ahead of the Senate floor vote expected just weeks from now. Shortly after members return Sept. 13, the full Senate is expected to vote on the National Defense Authorization Act (NDAA), which includes language that allows for the repeal of DADT. To view the action alert visit: http://bit.ly/ap2aBx
"As we approach expected key votes on repeal in only a matter of weeks in the Senate, we need repeal supporters in all 50 states to contact their senators and tell them to end 'Don't Ask, Don't Tell' by following the lead of Chairman Carl Levin who will be managing the defense bill on the floor," said Aubrey Sarvis, executive director for Servicemembers Legal Defense Network. "Your senators need to hear that you expect them to beat back the filibuster threat, stop attempts to strike repeal, and defeat any crippling amendments."
In late July, SLDN and the Human Rights Campaign (HRC) launched the "Countdown 2010" grassroots campaign to increase support and to press for passage of "Don't Ask, Don't Tell" repeal in the U.S. Senate. This nationwide campaign has been mobilizing grassroots supporters of equality across the country through in-state meetings as well as a call-in and e-mail campaign during August recess.
List of key senators ahead of repeal vote:
--Blanche Lincoln (D-Ark.);
--Mark Pryor (D-Ark.);
--Richard Lugar (R-Ind.);
--Jon Tester (D-Mont.);
--Max Baucus (D-Mont.);
--Mike Johanns (R-Neb.);
--John Ensign (R-Nev.);
--Judd Gregg (R-N.H.);
--Byron Dorgan (D-N.D.);
--Kent Conrad (D-N.D.);
--George Voinovich (R-Ohio);
--Tim Johnson (D-S.D.); and
--Mark Warner (D-Va.).
Full text of today's alert:
Friend,
In just a matter of weeks members of the U.S. Senate will return to Washington, D.C., from their August recess to cast make-or-break votes to repeal "Don't Ask, Don't Tell." And until that vote comes, supporters of repeal will need to keep up the pressure on both their senators.
One way to speak out between now and Labor Day is to schedule in-state meetings with your senators before they return to Washington on Sept. 13.
Recently, SLDN's Legislative Associate Emily Sussman and I met with Senator Byron Dorgan's (D-N.D.) staff and Senator Kent Conrad's (D-N.D.) staff. I shared my story as a veteran who served as a Petty Officer Second Class in the U.S. Navy until being discharged under DADT. Emily and I hope our visit will have made a positive impact upon both senators.
You can share your story too, as a veteran or a civilian.
www.sldn.org/MeetMySenators
Whether your senators are Democrat or Republican, they were elected to serve their constituents and do what's right. Don't let your senators forget the discrimination service members continue to face under DADT. Let's show Washington - one senator at a time - why we need to slam the door on this archaic law.
Senators must be reminded that "Don't Ask, Don't Tell" repeal is a priority and should be at the top of the legislative calendar when they return in September. Advocates of open service have worked for nearly two decades to come as close as we are today to finally knocking this law off the books.
Face-to-face meetings are among the most powerful and persuasive ways to tell the stories of our service members. Be a voice for the 66,000 LGBT patriots who serve under the burden of forced silence every day because of "Don't Ask, Don't Tell."
www.sldn.org/MeetMySenators
Don't wait another day. The time is NOW.
Every state will play a decisive role in the Senate's upcoming votes. We are counting on you to keep the message for repeal strong in the coming weeks.
Thank you.
Jed Batchelder
Former Petty Officer Second Class, U.S. Navy
Servicemembers Legal Defense Network (www.sldn.org) is a national, non-profit legal services and policy organization dedicated to ending "Don't Ask, Don't Tell."
> Full Story. [8/26/10]
FLORIDA GOP PASSES ON ANTI-GAY BILL MCCOLLUM
Florida Attorney General Bill McCollum has lost his bid to be the GOP's nominee for governor, the AP reported. Republicans instead elected to give newcomer Naples businessman Rick Scott a try. > Full Story. [8/25/10]
CHEYENNE GAY COUPLE CHALLENGES WYO. MARRIAGE LAW
A gay couple has filed a federal lawsuit in Cheyenne challenging the Wyoming law that defines marriage as existing only between a man and a woman. > Full Story. [8/25/10]
CALIFORNIA LEGISLATURE APPROVES REMOVING GAY ‘CURE’ LANGUAGE FROM STATE CODE
Code instructs state to research 'cure' for lesbian, gay, and bisexual individuals > Full Story. [8/24/10]
MAKING GAY AND NOT-SO-GAY AMERICA LAUGH, ONE RV PARK AT A TIME!
Making gay and not-so gay-America laugh… one RV park at a time. > Full Story. [8/23/10]
WHITE HOUSE: CONTINUING OUR COMMITMENT TO PRIORITIZING HIV/AIDS
Today, the Obama Administration is taking new action to prioritize support for Federal HIV/AIDS prevention and care programs. We are sending to the Congress an amendment to the President's FY 2011 budget request to increase HIV/AIDS funding by $65 million. This is comprised of a requested $35 million increase for HIV prevention in order to continue exciting new HIV prevention activities described below to support the National HIV/AIDS Strategy and a $30 million increase for State AIDS drug assistance programs to respond to the ongoing crisis States are facing in operating these essential programs. These resources come on top of proposed increases for HIV prevention and care at the Centers for Disease Control and Prevention (CDC) and the Health Resources and Services Administration (HRSA) that were included in the original budget submission. Ultimately, the Congress will enact a budget that will establish Federal funding levels for the fiscal year that begins on October 1st. > Full Story. [8/23/10]
MEG WHITMAN: 'I WOULD DEFEND PROP 8'.
At a news conference yesterday, California GOP gubernatorial candidate Meg Whitman said that, unlike Governor Arnold Schwarzenegger or Attorney General Brown who have declined defending the measure, she would defend Proposition 8 if elected governor... > Full Story. [8/23/10]
NOM FAILS IN LAWSUIT TO HIDE MAINE ELECTION ACTIVITIES
Federal judge upholds majority of Maine law requiring public transparency of campaign activities; HRC calls on NOM to play by the rules and disclose its anti-LGBT political efforts
WASHINGTON – The Human Rights Campaign (HRC), the nation's largest lesbian, gay, bisexual and transgender (LGBT) civil rights organization, today called on the National Organization for Marriage to stop its radical national strategy of hiding its election activities and eviscerating public disclosure laws, in the wake of today's federal court ruling in Maine upholding the state's campaign finance framework against NOM's challenge.
"Time and again NOM has tried to evade or eviscerate popular disclosure laws that provide the public with critical information about who spends money on campaigns, and as usual they've come up short," said Fred Sainz, the Human Rights Campaign's Vice President of Communications. "It begs the questions: what does NOM want to hide about their efforts to strip millions of Americans of their basic civil rights, and why are they fighting so hard to hide it?"
Today, a federal judge in Portland, Maine ruled against NOM by upholding laws requiring organizations engaged in Maine elections to register as political action committees, disclose their independent expenditures and provide disclaimers on campaign advertisements. The court found two lesser legal provisions defective but noted that they could likely be cured by new legislation.
In rejecting most of NOM's lawsuit, Judge D. Brock Hornby ruled that "Maine… has a compelling reason for compiling information about PACs – the goal of providing information to Maine voters about the interest groups that spend money referring to candidates in an election – and indeed Maine has polling data demonstrating the public's interest in such information." The judge found that "NOM's desire to limit campaign finance disclosures … would yield perverse results, totally at odds with the interest in 'transparency' recognized in Citizens United," the recent Supreme Court decision that allowed for unlimited corporate spending in elections but accepted the government's compelling interest in requiring public disclosure.
NOM's lawsuit is part of escalating tensions between the group and ethics officials in Maine. NOM remains under investigation by the Maine Ethics Commission for failing to register with the state as a ballot question committee and disclose the donors to its campaign to overturn Maine's marriage equality law in 2009. NOM provided more than $1.9 million of the $3 million spent by opponents of marriage equality to pass Question 1 – but it failed to disclose where the money came from. The organization has stonewalled the ethics investigation over its Question 1 involvement, which is the subject of a separate ongoing lawsuit.
Today's decision follows similar defeats in Washington state, where NOM's lawyers fought the state's public records law all the way to the U.S. Supreme Court – and lost. A federal court in California similarly rejected NOM's efforts to hide its donors in the wake of Proposition 8.
"NOM's agenda of hiding their political activities from legitimate scrutiny and accountability has gone on long enough," added Sainz. "The public has a right to know who is behind their efforts to take away the fundamental rights of people living in Maine, California, Washington and elsewhere across the country. It's time for NOM to own up and play by rules that serve the public interest."
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.
> Full Story. [8/20/10]
TARGET CORPORATION MESSAGE TO LGBT COMMUNITY: WE WON’T MAKE IT RIGHT
After two weeks of good-faith discussions – and two tentative agreements – with Target Corporation, the company has informed the Human Rights Campaign, the nation's largest lesbian, gay, bisexual and transgender (LGBT) civil rights organization, that it will take no corrective actions to repair the harm that it caused by contributing $150,000 to an organization supporting a vehemently anti-gay candidate closely associated with a Christian rock band that advocates death and violence to gay people. In response, HRC announced that it will devote $150,000 of its own resources to help elect a pro-equality governor and legislature in Minnesota. The next governor will likely have the opportunity to either sign or veto marriage equality legislation in the North Star State.
"All fair-minded Americans will now rightly question Target's commitment to equality. If their initial contribution was a slap in the face, their refusal to make it right is a punch in the gut and that's not something that we will soon forget," said HRC President Joe Solmonese. "However, with full marriage equality hanging in the balance in Minnesota, regardless of Target, it's important that we as a community send a message that we will work tirelessly to elect pro-equality candidates."
As a result of the U.S. Supreme Court's decision in Citizens United, corporations are now permitted to give unlimited amounts of shareholder cash to certain political committees. Target has made a conscious decision to place stores in LGBT communities throughout the nation. In fact, two stores are currently under development in the City of San Francisco.
All eyes are now on Best Buy, another Minnesota-based company, that also made a political contribution to MN Forward, the group supporting Tom Emmer, one of the most strident opponents of equality in Minnesota to vie for the governor's mansion. Best Buy has yet to respond.
"Target and Best Buy have – and no doubt will continue to have – model employment policies for LGBT people. We will continue to support those efforts. But before they can regain that exalted status among their consumers, they need to make things right in Minnesota," said Solmonese. "The nation's LGBT community has shown these two companies enormous customer loyalty. Now it's time for that faithfulness to be returned."
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.
> Full Story. [8/17/10]
PEPSI REFRESH EVERYTHING PROJECT::2014 GAY GAMES
Go Cleveland! > Full Story. [8/16/10]
EQUALITY FORUM INVITES MICHELLE OBAMA TO LAUNCH GLBT HISTORY MONTH 2010
Equality Forum, a national and international GLBT civil rights organization, has invited First Lady Michelle Obama to launch GLBT History Month 2010 in October. Mrs. Obama and the White House have held celebrations for Women's History Month, Black History Month and Hispanic Heritage Month.
"GLBT History Month teaches history, provides role models, builds community and celebrates the GLBT community's national and international contributions," stated Malcolm Lazin, Executive Director, Equality Forum. "The White House celebration of GLBT History Month is an important demonstration of the Administration's support of our equality."
Each day in October, an Icon is featured without charge online at www.glbtHistoryMonth.com
with a video, biography, bibliography with linkage, downloadable images and other educational resources. Started in 2006, the 124 Icons from inception to 2009 are archived with resources on the web site.
2010 is the 5th Anniversary of GLBT History Month. In 2006, 20 organizations had a GLBT History Month link on their web sites. In 2009, approximately 650 organizations had a GLBT History Month link, making GLBT History Month our community's most collaborative project. There was an over 800% increase in web traffic for GLBT History Month 2009 by comparison to 2008.
"A history month is an important civil rights milestone, by enhancing visibility, providing educational resources, demonstrating merited pride and laying the groundwork for academic programs," stated Lazin.
The 31 Icons for GLBT History Month 2010 are:
Eric Alva – Hero/Activist > Full Story. [8/16/10]
FEDERAL JUDGE RULES SAME-SEX MARRIAGES MAY RESUME IN CALIFORNIA ON AUGUST 18
Jacobs: "Today, equality under the law has been restored for millions of loving families across California."
Moments ago, Federal District Court Judge Vaughn Walker ruled that the temporary stay of his ruling that California's Proposition 8 is unconstitutional will be lifted, effective August 18th. Today's order means that in less than one week, gay and lesbian couples can once again get married in California.
More than 18,000 California gay and lesbian couples were married prior to the passage of Proposition 8 in November of 2008.
In response to today's ruling, Courage Campaign Founder and Chairman Rick Jacobs issued the following statement:
"Today's ruling means that in less than one week, equality under the law will be restored for millions of loving families across California. Lifting the stay is ultimately consistent with both legal precedent and the findings in this case. > Full Story. [8/12/10]
DOMESTIC PARTNERSHIP PETITION CASE BACK IN COURT
A federal judge ruled Wednesday that signed petitions calling for a state vote on expanded domestic partnerships for gay couples are barred from public release while he hears arguments on whether to block them for good. > Full Story. [8/12/10]
HIGHLY DECORATED COMBAT AIR FORCE AVIATOR FILES INJUNCTION IN FEDERAL COURT TO BLOCK “DON’T ASK, DON’T TELL” DISCHARGE
Air Force Secretary has window of opportunity to reverse board's recommendation under "Don't Ask, Don't Tell"; New Pentagon Instructions show clear path to retain Lt. Col. Victor Fehrenbach
***
Lt. Col. Fehrenbach is 13 months from 20-year retirement
www.SLDN.org/Victor
WASHINGTON, D.C. – Servicemembers Legal Defense Network (SLDN) and Morrison & Foerster LLP filed a request for a temporary restraining order today on behalf of their client, Lt. Col. Victor Fehrenbach, seeking to block the Air Force from discharging him under "Don't Ask, Don't Tell" (DADT), the discriminatory law barring gay and lesbian service members from serving openly and honestly. The filing in the United States District Court for the District of Idaho, seeks a court order preventing the Air Force from discharging Lt. Col. Fehrenbach, arguing that the government cannot establish that his continued service on active duty hinders "morale, good order and discipline, and unit cohesion."
The General Counsel's Office to the Secretary of the Air Force confirmed to Morrison & Foerster and SLDN that the Air Force Personnel Board recently reviewed Lt. Col. Fehrenbach's case and has sent a recommendation to Air Force Secretary Michael B. Donley's designee. According to Air Force regulations, had the Board recommended to retain Lt. Col. Fehrenbach no further action would have been required by the Secretary or his designee (AFI 36-3206 Chapter 6.10 and Chapter 6.10.1). Although SLDN and Morrison & Foerster understand the Secretary has delegated his authority to act on the Board's recommendation, Secretary Donley has the power to step in and retain Lt. Col. Fehrenbach. Without action by the Secretary, the Board's recommendation is expected to stand and Lt. Col. Fehrenbach could be discharged within days.
A request for a temporary restraining order asks the court to prevent irreparable injury to the plaintiff and preserve the status quo until a more complete hearing can be held on the merits of the case. If the court grants the request, the Air Force will be prevented from discharging Lt. Col. Fehrenbach until a full hearing can be scheduled. The Fehrenbach case is among the first to challenge a discharge under DADT by applying the so-called Witt standard. In the case of Air Force Maj. Margaret Witt, the United States Court of Appeals for the Ninth Circuit – which governs the District of Idaho – held that discharging a service member violates the Constitution unless: (1) the government advances "an important governmental interest;" (2) the government shows the intrusion "upon the personal and private li[fe]" of a service member "significantly furthers that interest;" and (3) the government shows the intrusion is "necessary to further that interest."
Statement by Servicemembers Legal Defense Network Executive Director and Army Veteran Aubrey Sarvis:
"Our nation is on the verge of firing a highly decorated combat aviator, an American hero. The Air Force Secretary can do the right thing and retain Lt. Col. Fehrenbach under the Pentagon's own recently revised regulations on 'Don't Ask, Don't Tell.' Lt. Col. Fehrenbach signed up nearly 19 years ago willing to risk all and die for his country, flying nearly 90 combat missions in Iraq, Afghanistan, and Kosovo. Why and how the hell do we end up firing our best and brightest when we're fighting in two wars? If Secretary Donley does not step in, this nation will lose a service member worth $25 million in training whose skill sets are desperately needed today. The discharge of Lt. Col. Fehrenbach would dramatically underscore that 'Don't Ask, Don't Tell' is still the law and all gay and lesbian service members should be on notice. Clearly there is an urgent need for the Senate to act on legislation currently pending that would allow for repeal."
Statement by Morrison & Foerster's M. Andrew Woodmansee:
"The Air Force's pending discharge of Lt. Col. Fehrenbach does not pass muster under the United States Constitution. The Air Force did not prove-as it was required to-that his continued service hurts morale, good order and discipline, and unit cohesion. They can't prove it because it isn't true. Even while under investigation for the past two years, Lt. Col. Fehrenbach continues to be highly regarded by fellow officers and continues to receive excellent evaluations from his commanders. As a combat-seasoned aviator, he is exactly the type of person this country needs while fighting two wars. He should be overseas fighting for his country right now, but instead he has been fighting the Air Force because of this unconstitutional law."
Statement by Lt. Col. Victor Fehrenbach:
"I have been waiting more than two years for the Air Force to do the right thing by letting me continue to proudly serve my country. To say that I'm disappointed with where things stand would be a monumental understatement. I have given my entire adult life to the Air Force that I love. I have deployed six times and risked my life for my country. In the two years that I've been sitting at my desk rather than inside my jet, I've offered to deploy numerous times. I'm ready, willing, and able to deploy tomorrow, but I'm barred from deployment, because of this unjust, discriminatory law. Meanwhile, moms and dads, sons and daughters, and my friends go back for the third, fourth, fifth deployments. While our country is engaged in two wars, my service is needed now more than ever."
Legal team biography: M. Andrew Woodmansee, Partner, Morrison & Foerster: http://bit.ly/9TG7WY
Legal team biography: Aaron Tax, Legal Director, Servicemembers Legal Defense Network: http://bit.ly/b2aCNm
To read the filing in the United States District Court for the District of Idaho visit: http://bit.ly/dvTULR
##
> Full Story. [8/12/10]
JUDGE DECLARES PROP 8 UNCONSTITUTIONAL
Same-sex couples and their families won a huge victory Wednesday as U.S. District Court Chief Judge Vaughn Walker ruled California's Proposition 8 violates both the equal protection and due process clauses in the U.S. Constitution. > Full Story. [8/4/10]
SLDN, HRC LAUNCH “COUNTDOWN 2010” GRASSROOTS CAMPAIGN
Major push for ENDA and DADT Repeal over Congressional recess;
Servicemembers Legal Defense Network Partners on DADT Repeal Grassroots Work
countdown2010.hrc.org
WASHINGTON – The Human Rights Campaign (HRC), the nation's largest lesbian, gay, bisexual and transgender civil rights organization, and Servicemembers Legal Defense Network (SLDN), a national, legal services and policy organization dedicated to ending "Don't Ask, Don't Tell" (DADT), jointly announced today a new grassroots campaign to increase support and to press for passage of "Don't Ask, Don't Tell" repeal in the U.S. Senate as well as passage of the Employment Non-Discrimination Act (ENDA) in the U.S. House. This nationwide campaign will mobilize grassroots supporters of equality across the country through in-district meetings as well as a call-in and email campaign.
"We need supporters to contact their senators and tell them to repeal 'Don't Ask, Don't Tell' and follow the lead of Chairman Carl Levin who will be managing the defense bill on the floor," said Aubrey Sarvis, Army veteran and executive director for Servicemembers Legal Defense Network. "It is critical that we beat back any filibuster threat, defeat attempts to strike repeal, and defeat any crippling amendments. Senators need to hear from us now, especially in the 10 key states where our combined SLDN and HRC field teams are working now."
"As we approach the waning days of this Congressional session, we must continue to demand immediate action on critical legislation," said HRC President Joe Solmonese. "LGBT voters and our allies will be keenly aware of Congressional action or inaction as the November elections approach."
HRC and SLDN's efforts will be specifically focused on 10 states with key lawmakers whose votes on DADT repeal are critical: Arkansas, Indiana, Montana, Nebraska, Nevada, New Hampshire, North Dakota, Ohio, South Dakota, and Virginia. HRC will also engage the LGBT community and our allies in those states on ENDA in addition to on-the-ground work for ENDA in North Carolina, Pennsylvania and Texas. Supporters of equality are encouraged to meet with Representatives and Senators while they are in their districts and states for the August Congressional recess.
To participate, individuals can sign up at countdown2010.hrc.org. There, they'll find downloadable meeting toolkits, videos on in-district meetings and information on how to schedule a meeting and report back on how it went.
"LGBT people and our allies can make a real difference by making their voices heard face-to-face and in the districts where they live," added Solmonese. "Many of us are frustrated with the pace of progress and this is a way to get involved to make change happen."
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.
Servicemembers Legal Defense Network (www.sldn.org) is a national, non-profit legal services and policy organization dedicated to ending "Don't Ask, Don't Tell." A journalists' guide is available here.
> Full Story. [7/29/10]
NATIONAL GAY & LESBIAN CHAMBER OF COMMERCE MEETS WITH PRESIDENT OF ARGENTINA
President Cristina Fernández de Kirchner expresses support of NGLCC mission > Full Story. [7/29/10]
HRC TO NATIONAL ORGANIZATION FOR MARRIAGE: HOW MUCH WILL YOU SPEND LYING TO CALIFORNIANS THIS TIME?
NOM opens coffers to anti-LGBT campaign in California, but how much?
WASHINGTON – According to a media advisory from the Latino Partnership for Conservative Principles, the National Organization for Marriage is involved in a $1 million independent expenditure campaign to support Carly Fiorina for Senate, a candidate they point out opposes marriage equality. Today, the Human Rights Campaign – the nation's largest lesbian, gay, bisexual and transgender civil rights organization – called on NOM, which has a long history of trying to hide political contributions, to disclose how much they're contributing to this effort. As the LA Times points out in reporting on the new campaign, "finding out where the money comes from – if and when it actually does come – is virtually impossible."
"Like a broken record, NOM is again involved in a campaign with an anti-LGBT message yet the public has no idea how deep they're reaching into their coffers," said Fred Sainz, HRC's vice president of communications. "Apparently they have some gas money left from their sham summer tour to once again flood the airwaves with lies about same-sex couples who only seek the same rights as everyone else."
NOM has a history of trying to evade long-established public disclosure laws and to hide their political activities from legitimate scrutiny and accountability. In doing so, they have falsely alleged that their donors have been harassed and intimidated across the country to justify why it shouldn't have to play by the same rules as everyone else. These tactics have prompted a state ethics investigation in Maine and recent court defeats across the country.
In Washington state, NOM's lawyers fought the state's public records law all the way to the U.S. Supreme Court – and lost last month. A federal court in California similarly rejected NOM's efforts to hide its donors and debunked its claims of harassment and intimidation in the wake of Proposition 8.
"While the stated intent of this independent expenditure is to support Carly Fiorina, clearly NOM wants to poison the well around the marriage debate in California," said Sainz. "With polls showing movement towards equality for all families, they see the writing on the wall and will stop at nothing to turn the clock backwards."
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.
> Full Story. [7/29/10]
FORMATION OF NATIONAL ORGANIZATION TO LINK STATE AND LOCAL TRANSGENDER ADVOCACY GROUPS IS ANNOUNCED
Columbus, OH -- 07/23/2010: A group of state and local transgender leaders are pleased to announce the formation of the Trans Advocacy Network. The Trans Advocacy Network held their first meeting in Memphis, Tennessee on July 10, 2010 with the purpose of defining their mission and goals for the upcoming year. > Full Story. [7/26/10]
TARGET CONTRIBUTES MONEY TO MN ANTI-GAY CANDIDATE
Target, the perceived LGBT-friendly department store chain, has contributed $150,000 to Minnesota Forward, a political action committee that supports Minnesota Republican gubernatorial candidate Tom Emmer, an opponent of gay marriage, reports NBC Bay Area. > Full Story. [7/26/10]
7 GAY COUPLES SUE MONTANA OVER EQUAL PROTECTION
The ACLU of Montana may have found a way to force states like Texas that have outlawed same-sex marriage to provide rights to gay and lesbian couples. > Full Story. [7/23/10]
NATIONAL AIDS FUND RECEIVES $3.6 MILLION SOCIAL INNOVATION FUND AWARD
New Public Private Partnership Supports Implementation of National HIV/AIDS Strategy;
Leverages Corporate, Philanthropic and Individual Support for Programs
Ensuring Access to High-Quality HIV Care
WASHINGTON, D.C. July 22, 2010 – The National AIDS Fund (NAF) announced today it is one of 11 organizations to receive the first-ever Social Innovation Fund (SIF) grants, an initiative administered by the Corporation for National and Community Service. The $3.6 million SIF grant will enable NAF to expand the scope of its Access to Care initiative in support of innovative public-private partnerships to improve individual health outcomes and strengthen local services systems, connecting economically and socially marginalized individuals living with HIV to high quality supportive services and health care.
"The National AIDS Fund is honored to be a part of the distinguished first class of Social Innovation Fund grantees," said NAF President and CEO Kandy Ferree. "The Social Innovation Fund is a true public-private partnership and is an example of how the Obama Administration is using new funding pools to support issues of national significance, carrying with it a requirement to leverage a 1:1 match at both the national and local grantee levels."
According to Ferree, NAF's SIF award serves as a pivotal follow-up to the May 13 meeting at the White House that addressed the role of public-private partnerships in the implementation of National HIV/AIDS Strategy. "This is a call to action and invitation by the National AIDS Fund and Obama Administration to have corporations, foundations and individuals join in helping the United States reach the 'Increasing Access to Care' goals set in the new National HIV/AIDS Strategy," said Ferree.
NAF kicked off its Access to Care Initiative with support from Bristol-Myers Squibb and the Walmart Foundation. Ferree emphasized however, that the leadership and collaboration with BMS and the Walmart Foundation must serve as a launching point for even more support of efforts to ensure that all people living with HIV/AIDS in the United States have access to care.
"This is a huge opportunity for the private sector to step up and help to create a country where new HIV infections are rare and where ALL people living with HIV/AIDS have access to high quality health care," said Ferree.
The SIF is a new way of doing business for the federal government that better targets public-private resources toward solving social challenges. The initiative is designed to expand the impact of high-performing organizations and innovative solutions to issues in three key areas: economic opportunity, youth development and school support, and healthy futures.Specifically, the SIF is designed to:
Identify and grow innovative and effective nonprofit organizations;
Generate and share new evidence and knowledge about how to address critical social challenges; and
Build the grant making infrastructure and supportive environment necessary for social innovation to flourish in a diverse set of geographies.
Click here to read the complete list of SIF grantees and to learn more about the Fund.
"Our SIF award is a significant and pivotal investment in our nation's fight against HIV/AIDS," said Ferree. "As the single largest award for HIV/AIDS made in decades by the federal government from new money and from non-AIDS-specific funds, the award demonstrates the premium value placed by the Obama Administration on the uniting of the public and private sectors to improve the life and health of our nation's communities. These funds will enable the National AIDS Fund, in collaboration with current and new funding partners, to develop and enhance more evidence-based and innovative community-driven interventions that help to increase health literacy, remove barriers and get more people living with HIV access to primary health care and HIV specialty care."
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About the National AIDS Fund
The National AIDS Fund exists to leverage resources, develop leadership and advocacy, and foster community innovation to prevent new HIV infections and care for people living with HIV/AIDS.
About the Corporation for National and Community Service
The Corporation for National and Community Service is a federal agency that engages more than five million Americans in service through its Senior Corps, AmeriCorps, and Learn and Serve America programs, and leads President Obama's national call to service initiative, United We Serve. For more information, visit NationalService.gov.
> Full Story. [7/22/10]
SOUTH BEND, IND., CONSIDERS LGBT EMPLOYMENT PROTECTIONS
South Bend Common Councilmember Oliver Davis has co-sponsored a measue that would ban employment discrimination on the basis of sexual orientation and gender identity and expression in Indiana's fourth largest city. > Full Story. [7/22/10]
MAINE MAN WINS $1 MILLION GAY DISCRIMINATION SUIT
A jury has awarded a Maine man more than $1 million in a discrimination case based on sexual orientation -- the largest such award to date in Maine. > Full Story. [7/16/10]
HRC CALLS FOR PASSAGE OF UNITING AMERICAN FAMILIES ACT
Ending discrimination against same-sex, bi-national couples
must be part of any immigration reform effort
WASHINGTON – Today the Human Rights Campaign – the nation's largest lesbian, gay, bisexual and transgender civil rights organization – joined in a coalition of LGBT, immigrants' rights, civil rights and faith groups calling on Congress to enact the Uniting American Families Act (H.R.1024) as part of any future immigration reform effort.
HRC President Joe Solmonese released the following statement:
"Our nation should bring families together, not tear them apart, yet same-sex, bi-national couples are too often forced to separate because the government views them as strangers under the law. For far too long, leaders have ignored the devastating real-life consequences for these couples imposed by our current immigration policies. Family reunification is a primary goal of our immigration system but our government fails to accomplish this basic objective for thousands of loving same-sex couples."
HRC is a signatory along with more than 30 other organizations on a statement today calling on Congress to include the provisions of UAFA in any effort that reforms our immigration system. According to the most recent U.S. Census, nearly 36,000 lesbian and gay Americans are in bi-national couples. Their median age is 38, and 47% of bi-national couples are raising children.
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.
> Full Story. [7/15/10]
D.C. COURT OF APPEALS REJECTS MARRIAGE INITIATIVE
D.C.'s highest court rules proposed initiative seeking to overturn marriage equality violates D.C. Human Rights Act
WASHINGTON – The Human Rights Campaign, the nation's largest lesbian, gay, bisexual and transgender civil rights organization, applauded a D.C. Court of Appeals ruling today that rejected a proposed initiative on the D.C. marriage equality law. In March 2010, D.C. became the sixth jurisdiction in the nation to permit same-sex couples to marry. While Bishop Harry Jackson, a pastor in Maryland, has been the public face of this litigation, the truth is that outside groups like the National Organization for Marriage and the Alliance Defense Fund are the driving force behind these anti-equality measures.
"The court's ruling today is a significant victory for justice, the rule of law and the protection of all D.C. residents against discrimination," said Human Rights Campaign President Joe Solmonese.
"It's time for the National Organization for Marriage to realize equality is here to stay no matter how much money they want to throw at turning back the clock."
In its decision, the Court of Appeals, D.C.'s highest court, decided 5-4 that the Council properly exercised its authority under the D.C. Charter in establishing the requirement that a proposed initiative may not authorize, or have the effect of authorizing, discrimination prohibited by the D.C. Human Rights Act. The Court ruled unanimously that the proposed initiative would in fact impermissibly permit discrimination against gays and lesbians in the District.
"The D.C. Council made a wise decision decades ago that no initiative should be permitted to strip away any individual's civil rights. The Court unanimously found that the proposed anti-marriage initiative would have the effect of causing discrimination, and in doing so, stood up for the entire D.C. community," said Solmonese.
On December 15, 2009, the D.C. Council overwhelmingly passed the Religious Freedom and Civil Marriage Equality Act of 2009. The bill was signed by Mayor Adrian Fenty, transmitted to Congress for review and became law on March 3, 2010. The first marriages between same-sex couples were performed on March 9, 2010. The marriage equality law ensures that clergy and religious organizations are not required to provide services, accommodations, facilities or goods for the solemnization of a same-sex marriage.
"D.C.'s elected officials and courts have spoken, yet NOM may very well grasp at straws by appealing the case to the U.S. Supreme Court in a desperate attempt to further their misguided efforts," said Solmonese.
The Board of Elections & Ethics has repeatedly rejected proposed initiatives and referenda that would invalidate legislation passed by the Council and signed by the mayor recognizing same-sex marriages. D.C.'s lower courts uniformly rejected opponents' claims that they were being denied a right to vote and upheld D.C.'s strong anti-discrimination protections.
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.
> Full Story. [7/15/10]
TRANSWOMAN ARRESTED AFTER SETTING HOME, CAR ON FIRE, RUNNING THROUGH STREETS NAKED
An Idaho woman has been jailed over suspicion of having rigged pipe bombs to her propane tank and setting her trailer on fire. She then ran naked down the street with what appeared to be another pipe bomb in her hand. The incident stems from a 2007 traffic citation in which fifty-three year old Catherine Carlson was forced to give her birth name Daniel Carlson despite the fact that she had changed that name more than thirty years ago, and changed her sex in 1980. > Full Story. [7/14/10]
NATIONAL GAY AND LESBIAN TASK FORCE RESPONDS TO NATIONAL HIV/AIDS STRATEGY UNVEILED TODAY
WASHINGTON, July 13 - The National Gay and Lesbian Task Force responded to the Obama administration's unveiling today of a national HIV/AIDS strategy. > Full Story. [7/14/10]
NATIONAL AIDS FUND APPLAUDS RELEASE OF NATIONAL HIV/AIDS STRATEGY (NHAS) PLEDGES TO CONTINUE LEADERSHIP ROLE IN MOBILIZING THE PRIVATE SECTOR IN RESPONSE TO NHAS’ “INCREASING ACCESS TO CARE” PILLAR
Statement of Kandy Ferree, President and CEO, National AIDS Fund
WASHINGTON, D.C. July 13, 2010 – Today's release of the National HIV/AIDS Strategy (NHAS) by the Office of National AIDS Policy (ONAP) demonstrates the dedication and commitment of the Obama administration to fighting the HIV/AIDS epidemic in the United States. The three pillars of the NHAS -- Reducing Incidence, Increasing Access to Care and Reducing Health Disparities – offer a blueprint for an effective response to the disease domestically, and an opportunity for all of us in the corporate, philanthropic and HIV communities to come together to establish clear goals and measurable outcomes to affect real change.
For two decades, the National AIDS Fund has been mobilizing private sector investments to support community-driven responses to the HIV/AIDS epidemic and we are now playing a strategic role in discussions with ONAP about the importance of public-private partnerships in the implementation of the NHAS. In May, 2010 we were the only national HIV/AIDS organization to assist with the planning and to participate in a panel discussion on The Role of Public Private Partnerships in the National HIV/AIDS Strategy (NHAS), moderated by Melody Barnes, Director of the Domestic Policy Council.
The panel presented an important opportunity to showcase the 20+ year experience NAF has working with the public and private sectors as well as community to address HIV/AIDS in the United States. ONAP showcased NAF's collaboration with Bristol-Myers Squibb in support of the "Increasing Access to Care" pillar of the NHAS. The new grantmaking partnership, "Positive Charge," provides resources to five areas of the country highly impacted by HIV/AIDS to increase access to HIV care by identifying and minimizing the barriers that people living with HIV/AIDS experience as they navigate the social services and medical care systems. This collaboration represents an unprecedented strategic private sector investment in community-based responses to accessing HIV/AIDS care and true bridge-building between the public/private sectors and the community.
To ensure that the NHAS is effective we must keep the momentum going. ONAP has made it clear that the successful implementation of NHAS will require the commitment of all parts of society; including people living with HIV/AIDS, state and local governments, corporate America, faith communities, highly affected communities, philanthropy, and others. With the release of NHAS, we must be more diligent than ever in creating inventive cross-sector partnerships that capitalize on our strengths as individuals, organizations, government agencies and communities.
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> Full Story. [7/13/10]
FULL PAGE VARIETY ADVERTISEMENT CALLS ON ABC AND THE VIEW TO TAKE RESPONSIBILITY FOR SPREADING INACCURATE INFORMATION ABOUT HIV/AIDS
Weeks after Perpetuating Falsehoods About African American Gay and Bisexual Men, ABC and The View Still Refuse to Share the Facts > Full Story. [7/12/10]
VANDALS TEAR DOWN OHIO’S FIRST GAY HISTORIC MARKER
Police are searching for vandals who tore down the only Ohio historical marker for a gay or lesbian person.
The marker recognizing Natalie Barney was knocked down in Cooper Park some time before Wednesday, July 7, said John Gantt, executive director of the Greater Dayton LGBT Center. The park is next to the downtown Dayton Metro Library.
"A friend noticed it had been torn down and told me about it," Gantt said. "I called police and they came and took a report."
Barney was a literary patron and lesbian author who was born in Dayton in 1876, but lived most of her life in Paris.
> Full Story. [7/12/10]
FEDERAL COURT RULES DOMA’S SECTION 3 UNCONSTITUTIONAL
A federal court in Massachusetts today ruled unconstitutional Section 3 of the Defense of Marriage Act, which prohibits the federal government from recognizing same-sex marriages. Judge Joseph Tauro, a Nixon appointee, ruled in two separate cases that Section 3 violates the Fifth Amendment's guarantee of equal protection and denies states their Tenth Amendment powers to decide who can be married.
Michael B. Keegan, President of People For the American Way, said:
"The court did the right thing today-the right thing under the Constitution, and the right thing for the citizens of Massachusetts. For too many years, thousands of legally married couples in states across the country have seen the federal government turn its back on their unions. The Constitution doesn't allow the federal government to give rights to some married couples and deny them to others. Today's decision was vindication of that principle.
"Americans don't want to hurt their gay and lesbian friends and neighbors, but DOMA does just that-it causes real harm to people across the nation. Although this case has the potential to be contested for years, I hope that Congress will take this opportunity to do the right thing and repeal DOMA, so that all married couples, like those in Massachusetts, can enjoy the full rights and responsibilities of marriage."
> Full Story. [7/9/10]
GLAAD PRAISES NBC DECISION TO OPEN TODAY SHOW'S "MODERN DAY WEDDING CONTEST" TO SAME-SEX COUPLES
New York, NY, July 8, 2010- The Gay & Lesbian Alliance Against Defamation (GLAAD) today praised NBC's decision to open the Today Show's "Modern Day Wedding" Contest to same-sex couples. This afternoon, after GLAAD met with NBC executives and shared our community's concerns, the network agreed to the changes. > Full Story. [7/9/10]
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