WA: Marriage Equality Bill Introduced 2 Votes Short

Good news! In Washington state, a marriage equality bill (SB 6239) has been introduced in the legislature. The organization Washington United for Marriage issued a press release commending the decision:

OLYMPIA – Washington United for Marriage, a broad statewide coalition of organizations, congregations, unions and business associations that will work to obtain civil marriage for lesbian and gay couples in Washington State in 2012, today applauded the introduction of SB 6239, an act relating to providing equal protection for all families in Washington by creating equality in civil marriage and changing the domestic partnership laws, while protecting religious freedom.  The bill needs 25 votes in the senate for passage and was introduced with 23 sponsors.

“Today we take the next step towards making the promise of equality a reality in Washington State,” said Zach Silk, Campaign Manager for Washington United for Marriage.  “The introduction of this bill not only recognizes the value that lesbian and gay families in Washington make to our united community, but also upholds the longstanding tradition of the separation of church and state in this country.  Marriage is about dignity, commitment, love and respect – it is the ultimate expression of a pro-family society.  The foundation of marriage helps us build stable families, and now is the time to recognize the importance of treating all families in Washington State equally.”

At this time, six states plus the District of Columbia recognize marriage for same-sex couples under state law: Connecticut, Iowa, Massachusetts, New Hampshire, New York, and Vermont.  Nine states—California, Delaware, Hawaii, Illinois, Nevada, New Jersey, Oregon, Rhode Island, and Washington—provide same-sex couples with access to the state level benefits and responsibilities of marriage, through either civil unions or domestic partnerships.  Same-sex couples do not receive federal rights and benefits in any state.

You can read the full text of the marriage equality bill. It is currently lacking two votes needed to pass in the Senate, where Democrats hold a 27-22 edge, since there are 23 co-sponsors. The Governor, Christine Gregoire, has already announced her strong support for marriage equality.

Nadal Loses in Shanghai; Djokovic Clinches #1

Novak Djokovic has clinched the year-end #1 spot for the first time thanks to World #2 Rafael Nadal's shocking loss at the Shanghai Masters in the third round to Florian Mayer. Djokovic has been ranked #1 since July 4, 2011.

The ATP reports:

The 24-year-old Belgrade native is the first Serbian man to finish No. 1 in the history of the ATP Rankings (since 1973). It also marks a record eighth straight year a European is the No. 1 player on the ATP World Tour. For seven years from 1985-91, Europeans finished No. 1.

Djokovic is the first player other than Roger Federer (2004-07, ‘09) or Rafael Nadal (2008, ’10) to finish No. 1 since American Andy Roddick in 2003.

[...]

En route to a 64-3 match record, he has captured a record five ATP World Tour Masters 1000 titles in a season, in Indian Wells, Miami, Madrid, Rome and Montreal. He has also compiled a 20-2 mark vs. Top 10 opponents, defeating rivals Nadal six times and Federer four times so far in 2011.

Djokovic becomes the 16th person in the history of the ATP rankings to end the year at #1.

White House Statement on DADT Repeal

THE WHITE HOUSE

Office of the Press Secretary

_______________________________________________________________________________________________________________________________________________________________________

FOR IMMEDIATE RELEASE

September 20, 2011

Statement by the President on the Repeal of Don't Ask, Don't Tell

Today, the discriminatory law known as ‘Don’t Ask, Don’t Tell’ is finally and formally repealed.  As of today, patriotic Americans in uniform will no longer have to lie about who they are in order to serve the country they love.  As of today, our armed forces will no longer lose the extraordinary skills and combat experience of so many gay and lesbian service members. And today, as Commander in Chief, I want those who were discharged under this law to know that your country deeply values your service.

I was proud to sign the Repeal Act into law last December because I knew that it would enhance our national security, increase our military readiness, and bring us closer to the principles of equality and fairness that define us as Americans.  Today’s achievement is a tribute to all the patriots who fought and marched for change; to Members of Congress, from both parties, who voted for repeal; to our civilian and military leaders who ensured a smooth transition; and to the professionalism of our men and women in uniform who showed that they were ready to move forward together, as one team, to meet the missions we ask of them. 

For more than two centuries, we have worked to extend America’s promise to all our citizens.  Our armed forces have been both a mirror and a catalyst of that progress, and our troops, including gays and lesbians, have given their lives to defend the freedoms and liberties that we cherish as Americans.  Today, every American can be proud that we have taken another great step toward keeping our military the finest in the world and toward fulfilling our nation’s founding ideals.

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CDC Releases New Data on HIV Infections 2006-2009

The Centers for Disease Control and Prevention released their latest analysis of HIV infections from 2006-2009 today. The full report (pdf) is available online. This is the first time the CDC has been able to estimate HIV infections from actual HIV test data, thanks to the passage of HIV names reporting legislation which has been enacted by several states (including California) in recent years. 2009 is the most recent year for which data is available so far.

A key excerpt from the press release:

According to the new estimates, there were 48,600 new HIV infections in the United States in 2006, 56,000 in 2007, 47,800 in 2008 and 48,100 in 2009.  The multi-year incidence estimates allow for a reliable examination of trends over time.  They reveal no statistically significant change in HIV incidence overall from 2006 to 2009, with an average of 50,000 for the four-year period.  In 2009, the largest number of new infections was among white MSM (11,400), followed closely by black MSM (10,800).  Hispanic MSM (6,000) and black women (5,400) were also heavily affected.   

“While we’re encouraged that prevention efforts have helped avoid overall increases in HIV infections in the United States, and have significantly reduced new infections from the peak in the mid-1980s, we have plateaued at an unacceptably high level,” said Kevin Fenton, M.D., director of CDC’s National Center for HIV/AIDS, Viral Hepatitis, STD and TB Prevention.  “Without intensified HIV prevention efforts, we are likely to face an era of rising infection rates and higher health care costs for a preventable condition that already affects more than one million people in this country.”

Some of the key take-aways from the report are:

• Overall HIV incidence in the U.S. has been relatively stable, with approximately 50,000 annual new infections

• New infections among young men who have sex with men (MSM) increased 34% between 2006 and 1009

• Young, black MSM (aged 13-29) is the only subpopulation in the U.S. to experience a statistically significant increase from 2006 through 2009
• New HIV infections increased 48% – from 4,400 in 2006 to 6,500 in 2009

• The new data confirm that HIV continues to disproportionately affect MSM of all races/ethnicities
• MSM represent 2% of the total U.S. population, but accounted for 61% all new HIV infections in 2009
• Among MSM in 2009, white MSM represented the greatest number of new HIV infections (11,400), followed closely by black MSM (10,800) and Hispanic MSM (6,000)
  

Read that line again: "MSM represent 2% of the total U.S. population, but accounted for 61% all new HIV infections in 2009." People who says HIV/AIDS is not a "gay" issue don't know what the heck they are talking about!

Maryland Gov Announces Push For Marriage Equality

Maryland Governor Martin O'Malley announced new plans to make the legalization of marriage equality in the 2012 legislative session an administration priority for him. You may recall that a marriage equality bill passed the state senate earlier this year but at the last minute was recommitted (and killed) instead of being voted on in the House of Delegates. Governor O'Malley announced that he will using his political capital to ensure a bill reaches his desk next year.

ANNAPOLIS, MD (July 22, 2011) – Governor Martin O’Malley and Lt. Governor Anthony G. Brown today released the following statements regarding the Governor’s decision to sponsor same sex marriage legislation in the 2012 legislative session. Last year, same sex marriage legislation was proposed and sponsored by Senator Rob Garagiola, Delegate Kumar Barve and Delegate Ben Barnes:

Governor O’Malley:

“Marylanders of all walks of life want their children to live in a loving, stable, committed home – protected under the law.  As a free and diverse people of many faiths, we choose to be governed under the law by certain fundamental principles or beliefs, among them “equal protection of the law” for every individual and the “free exercise” of religion without government intervention.  Other states have found a way to protect both these rights.  So should Maryland. The legislation we plan to introduce in the 2012 legislative session will protect religious freedom and equality of marital rights under the law.” 

Lt. Governor Brown:

“All Marylanders deserve to be treated equally under the law, and I look forward to joining Governor O’Malley in working with the General Assembly to pass a Marriage Equality bill that will provide the same opportunity for all who wish to marry while fully protecting religious freedoms and views.  Every member of our community should enjoy the same freedoms and share the same responsibilities.”

Do the heterosexual supremacists really think they are going to win this fight? Since 2004 there have been more same-sex couples who have access to legal civil marriages every year and there's no sign that the trend will not continue for the foreseeable future.

Obama Names 4th LGBT Judicial Nominee

Michael Fitzegerald becomes President Obama's

4th openly LGBT nominee to the federal judiciary

Wow! Just days after Paul Oetken became the first openly gay man was confirmed as a U.S. District Court judge to the Souther District of New York, President Obama has named a 4th openly LGBT individual to become a federal judge with lifetime appointment. He is Michael Fitzgerald and joins Ali Nathan, J. Paul Oetken and Ed Dumont as openly LGBT federal judicial nominees of the Obama administration. The Oetken nomination has passed the Senate, the Nathan nomination is on the floor and there is no scheduled action on the Dumont nomination planned.

Here's the press release from the White House on the Fitzgerald nomination:

THE WHITE HOUSE

Office of the Press Secretary

_________________________________________________________________________________

FOR IMMEDIATE RELEASE

July 20, 2011

President Obama Nominates Michael Walter Fitzgerald to the U.S. District Court for the Central District of California

WASHINGTON, DC – Today, President Obama announced his nomination of Michael Walter Fitzgerald to the United States District Court for the Central District of California. 

"I am honored to nominate Michael Walter Fitzgerald to the United States District Court," President Obama said.  "His impressive career stands as a testament to his formidable intellect and integrity.  I am confident he will serve the people of California with distinction on the District Court bench."

Michael Walter Fitzgerald: Nominee for United States District Judge for the Central District of California

Michael Walter Fitzgerald has been a named partner at the law firm of Corbin, Fitzgerald & Athey LLP in Los Angeles, California since 1998, where he handles civil and criminal litigation in both federal and state courts.   Previously, he worked at the Law Offices of Robert L. Corbin PC from 1995 to 1998 and at the law firm of Heller, Ehrman, White & McAuliffe from 1991 to 1995.  Between 1988 and 1991, Fitzgerald served as an Assistant United States Attorney in Los Angeles.  Upon graduation from law school, he clerked for the Honorable Irving R. Kaufman of the United States Court of Appeals for the Second Circuit.  Fitzgerald received his J.D. in 1985 from the University of California, Berkeley School of Law (Boalt Hall) and his A.B. magna cum laude in 1981 from Harvard University.

### 

GLAD Files For Summary Judgment In DOMA Case

GLAD Files Motion for Summary Judgment in 2nd Circuit DOMA Challenge, Pedersen v. Office of Personnel Management

Plaintiffs Ask Court for Heightened Scrutiny

Gay & Lesbian Advocates & Defenders (GLAD) filed a motion for summary judgment in Pedersen v. Office of Personnel Management, its 2^nd Circuit challenge to the federal so-called Defense of Marriage Act (DOMA).

GLAD argues that the equal protection claims of the plaintiffs, six married couples and one widower fromConnecticut, Vermont, and New Hampshire, require heightened scrutiny from the court. The brief shows how DOMA fails heightened scrutiny, or even a rational basis review.

“No interest advanced to defend DOMA can in fact withstand any level of scrutiny,” the brief reads.  “The reasons offered by Congress at the time of DOMA’s passage are either nonsensical or just another way of saying that Congress wanted to denounce and harm those gay men and lesbians who form long-term relationships and seek to have those relationships recognized and respected through civil marriage.”

GLAD also filed supporting affidavits from experts Michael Lamb, Ph.D, Gary Segura, Ph.D, Lititia Anne Peplau, Ph.D, George Chauncey, Ph.D, and Nancy F. Cott, Ph.D.

The next step is for Congress to respond to GLAD’s motion for summary judgment on or by August 15, 2011.

GLAD filed Pedersen v. OPM in Hartford, CT on November 8, 2010.  GLAD’s DOMA challenge Gill v. OPM won a July 8, 2010 ruling in Massachusetts federal district court that DOMA is unconstitutional.  That case is now on appeal. 

Co-operating counsel on Pedersen are Jenner & Block LLP (Washington, DC), Horton, Shields & Knox (Hartford), and Sullivan & Worcester LLP (Boston).  Co-counsel in the Gill case are Foley Hoag LLP, Sullivan & Worcester LLP, Jenner & Block LLP, and Kator, Parks & Weiser, PLLC.

Gay & Lesbian Advocates & Defenders is New England’s leading legal organization dedicated to ending discrimination based on sexual orientation, HIV status, and gender identity and expression.

# # #

Gov. Brown Signs FAIR Education Act Into Law!

Governor Jerry Brown (D-California) signed State Sen. Mark Leno's
Fair, Accurate, Inclusive and Respectful Education Act into law today

FOR IMMEDIATE RELEASEJuly 14, 2011

CONTACT: Rebekah Orr, Equality California
PHONE: 415-498-0847 EMAIL: rebekah@eqca.org 

CONTACT: Jill Marcellus, Gay-Straight Alliance Network
PHONE 516-313-9659 EMAIL: jill@gsanetwork.orgCONTACT: Ali Bay, Office of Senator Mark Leno
PHONE 916-651-4003 EMAIL: ali.bay@sen.ca.gov

Governor Signs Landmark LGBT Education BillLegislation sponsored by Equality California and Gay-Straight Alliance Network aims to end LGBT history exclusion in education and to promote school safety

Sacramento – Governor Jerry Brown has signed a bill that will fairly and accurately portray the lesbian, gay, bisexual and transgender (LGBT) civil rights movement and the historic contributions of the diverse LGBT community in social science instruction. The Fair, Accurate, Inclusive, and Respectful (FAIR) Education Act (SB 48), by including fair and accurate information about the rich and diverse history of LGBT people in instructional materials, will enrich the learning experiences of all students and promote an atmosphere of safety and respect in California schools. SB 48 was authored by Senator Mark Leno (D-San Francisco) and co-sponsored by Equality California and Gay-Straight Alliance Network.

Studies have shown that inclusion of LGBT people in instructional materials is linked to greater student safety and lower rates of bullying.  In schools where the contributions of the LGBT community are included in educational instruction, bullying declined by over half and LGBT students were more likely to feel they have an opportunity to make positive contributions at school. 

“Today marks a monumental victory for the LGBT civil rights movement as the contributions of diverse LGBT community will no longer be erased from history,” said Equality California Executive Director Roland Palencia. “Thanks to the FAIR Education Act, California students, particularly LGBT youth, will find new hope and inspiration and experience a more welcoming learning environment that will embrace them.”

Palencia added, “For decades, LGBT leaders have worked tirelessly to improve the quality of life for all Californians. LGBT leaders were involved in the Civil Rights Movement of the 1960s, the farm workers’ movement, the women’s movement, have built health and human services institutions that now serve millions of Californians, and have contributed to the economic development of our state. We are truly grateful for the courageous leadership of Senator Leno, the LGBT Caucus, allied lawmakers, our members, and the entire LGBT community for making history and for promoting safety in our schools as students learn about our rich legacy.”

The FAIR Education Act will bring classroom instruction into alignment with existing non-discrimination laws in California and would add the LGBT community to the existing list of underrepresented cultural and ethnic groups, which are covered by current law related to inclusion in textbooks and other instructional materials in schools.

“I am awed and humbled to be part of this historic moment.  Today, we've written the latest chapter in the LGBT civil rights movement -- one that will now be presented fairly and accurately in California schools,” said Carolyn Laub, Executive Director of Gay-Straight Alliance Network. “By signing the FAIR Education Act and ending the exclusion of the LGBT community from instructional materials, Governor Brown has realized the hopes of youth who have been fighting for safe and inclusive schools, where all students learn about our history and gain respect for each other’s differences as a result.  This is a part of the American story that we can be proud to know all students will learn.”

“Today we are making history in California by ensuring that our textbooks and instructional materials no longer exclude the contributions of LGBT Americans,” said Senator Leno “Denying LGBT people their rightful place in history gives our young people an inaccurate and incomplete view of the world around them. I am pleased Governor Brown signed the FAIR Education Act and I thank him for recognizing that the LGBT community, its accomplishments and its ongoing efforts for first-class citizenship are important components of California’s history.”

“There is no room for discrimination of any kind in our classrooms, our communities or our state,” said Dean E. Vogel, president of the California Teachers Association.  “We believe that curricula should address the common values of the society, promote respect for diversity and cooperation, and prepare students to compete in, and cope with a complex and rapidly evolving society.  SB 48 does that by helping to ensure that curricular materials include the contributions of persons with disabilities, lesbian, gay, bisexual, and transgender Americans to the development of California and United States.”
Among the diverse supporters of the FAIR Education Act include: Adolescent Health Working Group, American Federation of State, County and Municipal Employees, Anti-Defamation League, Arc and United Cerebral Palsy in California, Asian Americans for Civil Rights & Equality, Asian/Pacific Islander Youth Promoting Advocacy & Leadership, California Language Teachers Association, California Psychological Association, California Teachers Association, California Faith for Equality, Californians for Disability Rights, Inc., City of Oakland, City of West Hollywood, Disability Rights California, Lieutenant Governor Gavin Newsom, Los Angeles Unified School District, Public Advocates, San Francisco Unified School District, Transgender Law Center, California Church IMPACT, Our Family Coalition, National Center for Lesbian Rights, Fresno County Democratic Central Committee, San Joaquin Valley Democratic Club, The Trevor Project, School for Integrated Academics & Technologies, and the Mexican American Legal Defense Fund.

Equality California (EQCA) is the largest statewide lesbian, gay, bisexual, and transgender rights advocacy organization in California. Over the past decade, Equality California has strategically moved California from a state with extremely limited legal protections for LGBT individuals to a state with some of the most comprehensive civil rights protections in the nation. Equality California has passed more than 70 pieces of legislation and continues to advance equality through legislative advocacy, electoral work, public education and community empowerment.www.eqca.org
Gay-Straight Alliance Network (GSA Network) is a national youth leadership organization that empowers youth activists to fight homophobia and transphobia in schools by training student leaders and supporting student-led Gay-Straight Alliance clubs throughout the country. In California alone, GSA Network has brought GSA clubs to 56% of public high schools, impacting more than 1.1 million students at 850 schools. GSA Network's youth advocates have played a key role in changing laws and policies that impact youth at the local and state level. GSA Network operates the National Association of GSA Networks, which unites more than 30 statewide networks of GSA clubs throughout the country. GSA Network is also the founder of the Make It Better Project, which aims to stop bullying and prevent suicide. www.gsanetwork.org  

-30-

CA Legislature Passes LGBT Education Bill

Equality California
FOR IMMEDIATE RELEASE
July 5, 2011

CONTACT: Jorge Amaro, Equality California
PHONE: 562-964-3591 EMAIL: jorge@eqca.org

CONTACT: Jill Marcellus, Gay-Straight Alliance Network
PHONE 516-313-9659 EMAIL: jill@gsanetwork.org
 
State Assembly Passes Landmark LGBT Education Bill

Legislation sponsored by Equality California and Gay-Straight Alliance Network aims to end LGBT history exclusion in education and to promote school safety

Sacramento -- Today, the California State Assembly in a 49-25 vote passed a bill that would require schools to fairly and accurately portray the lesbian, gay, bisexual and transgender (LGBT) civil rights movement and the historic contributions of the diverse LGBT community in social science instruction. The Fair, Accurate, Inclusive, and Respectful (FAIR) Education Act (SB 48), authored by Senator Mark Leno (D-San Francisco), would also add sexual orientation and gender identity to the state's existing anti-discrimination protections that prohibit bias in school activities, instruction and instructional materials.

Studies have shown that inclusion of LGBT people in instructional materials is linked to greater student safety and lower rates of bullying. The bill is co-sponsored by Equality California and Gay-Straight Alliance Network. 

"The struggle of the multicultural and multiethnic LGBT community in California is one of the greatest stories yet to be told," said Equality California Executive Director Roland Palencia. "The FAIR Education Act will ensure that public schools acknowledge the heroism of individuals and communities who in spite of countless barriers continuously overcome adversity."

Palencia added, "For decades, LGBT leaders have worked tirelessly to improve the quality of life for all Californians. LGBT leaders were heavily involved in the Civil Rights Movement of the 1960s, the farm workers' movement, the women's movement, and have built health and human services institutions that now serve millions of Californians. It is time for history to accurately depict our community's contributions."

The FAIR Education Act would bring classroom instruction into alignment with existing non-discrimination laws in California and would add the LGBT community to the existing list of underrepresented cultural and ethnic groups, which are covered by current law related to inclusion in textbooks and other instructional materials in schools. By including fair and accurate information about the rich and diverse history of LGBT people in instructional materials, SB 48 will enrich the learning experiences of all students and promote an atmosphere of safety and respect in California schools.

"This is a victory not only for the LGBT youth in California who have been fighting to be heard in Sacramento and represented in their history classes, but also for all California youth who deserve to learn a fair and accurate account of California and US history," said Carolyn Laub, Executive Director of Gay-Straight Alliance Network. "By passing the FAIR Education Act, the Assembly has taken an unprecedented step to reduce bullying, increase safety for all students, and teach students to respect each other's differences."

"We are selectively censoring history when we exclude LGBT Americans, or any other group of people, from our textbooks and instructional materials," said Senator Mark Leno (D-San Francisco). "We can't tell our youth that it's OK to be yourself and expect them to treat their peers with dignity and respect when we deliberately deny them accurate information about the historical contributions of Americans who happened to be LGBT."

The bill now heads to the Governor's desk.

Equality California (EQCA) is the largest statewide lesbian, gay, bisexual, and transgender rights advocacy organization in California. Over the past decade, Equality California has strategically moved California from a state with extremely limited legal protections for LGBT individuals to a state with some of the most comprehensive civil rights protections in the nation. Equality California has passed more than 70 pieces of legislation and continues to advance equality through legislative advocacy, electoral work, public education and community empowerment.www.eqca.org

Gay-Straight Alliance Network (GSA Network) is a national youth leadership organization that empowers youth activists to fight homophobia and transphobia in schools by training student leaders and supporting student-led Gay-Straight Alliance clubs throughout the country. In California alone, GSA Network has brought GSA clubs to 56% of public high schools, impacting more than 1.1 million students at 850 schools. GSA Network's youth advocates have played a key role in changing laws and policies that impact youth at the local and state level. GSA Network operates the National Association of GSA Networks, which unites more than 30 statewide networks of GSA clubs throughout the country. GSA Network is also the founder of the Make It Better Project, which aims to stop bullying and prevent suicide. www.gsanetwork.org   

Why NY Marriage Equality Matters

The Williams Institute at UCLA School of Law has issued a press release detailing whay marriage equality is so important to achieve in New York state:

FOR IMMEDIATE RELEASE

CONTACT:
Gary J. Gates, PhD
Williams Distinguished Scholar, Williams Institute, UCLA School of Law
(310) 825-1868 (office), (202) 257-6400 (cell)
Cathy Renna, 917-757-6123, cathy@rennacommunications.com

EXTENDING MARRIAGE TO SAME-SEX COUPLES IN NEW YORK WILL IMPACT OVER 42,000 COUPLES RAISING 14,000 CHILDREN IN THE STATE; DOUBLE PERCENTAGE OF U.S. POPULATION LIVING IN STATES THAT ALLOW SAME-SEX COUPLES TO MARRY

Los Angeles, CA - June 15, 2011 - As the New York legislature approaches a vote on the legalization of marriage for same-sex couples, The Williams Institute, a leading think tank in the field of law and public policy relating to sexual orientation and gender identity, released the following statistics to illustrate the potential impact of the bill’s passage.

●     There are an estimated 42,600 same-sex couples in New York (Source: 2009 American Community Survey), of whom 21% (nearly 9,000) are already legally married (Source: Williams Institute/Harris Interactive Same-sex Couple Survey, 2010)
●     Approximately 7,200 same-sex couples in New York are raising about 14,000 children (Source: 2008/2009 American Community Survey)
●     If New  York extends marriage to same-sex couples, the percentage of the U.S.’ population living in a state that allows same-sex couples to marry will more than double, from 5.1% to 11.4%. (Source: Census 2010)
●     Similarly, the percentage of same-sex couples living in states that allow them to marry will more than double, from 6.9% to 14.3% (Source: 2009 American Community Survey)
●     An estimated 38% of same-sex couples living in states that allow them to marry are currently married, compared to 12% in states that do not allow same-sex couples to marry (Source: Williams Institute/Harris Interactive Same-sex Couple Survey, 2010)

Earlier information on same-sex couples in New York, from the 2000 Census, is available at the link below:

http://www3.law.ucla.edu/williamsinstitute/publications/NYCCensusSnapshot_FINAL.pdf

The Williams Institute on Sexual Orientation and Gender Identity Law and Public Policy advances law and public policy through rigorous, independent research and scholarship, and disseminates its work through a variety of education programs and media to judges, legislators, lawyers, other policy makers, and the public. For more information, please visit www.law.ucla.edu/williamsinstitute.

TN Groups File Lawsuit Against Anti-Gay Law

Excellent news! A coalition of LGBT Tennesseans have joined together to file a lawsuit challenging a recently enacted anti-gay law passed by the state Legislature which would repeal all existing local LGBT civil rights ordinances and prohibit the establishment of any ordinances which protect groups which are not currently protected in state law.

From the press release:

FOR IMMEDIATE RELEASE:

Tennesseans Challenge Discriminatory State Law
Councilmembers, Residents, Organizations File Suit Calling HB600 Unconstitutional

(Nashville, TN, June 13, 2011)—A group of local elected officials, individuals, and lesbian, gay, bisexual, and transgender (LGBT) rights organizations filed a lawsuit today in Davidson County Chancery Court, challenging the state’s recent passage of House Bill 600, which prohibits local municipalities and counties, including local school districts, from enacting local laws or school policies that protect gay and transgender people against discrimination. The bill was passed earlier this year, just weeks after Nashville added sexual orientation and gender identity to an existing local anti-discrimination law.  The new law also prohibits localities from protecting any other group that is not already protected under state law, which would include veterans and people with disabilities, among others.  

According to the complaint filed today: “HB600 embodies an animus toward gay and transgender people so strong that the Tennessee legislature was willing to repeal policies protecting students against bullying and harassment and to make other groups suffer as well, merely to prevent gay and transgender citizens from obtaining needed protections.”   

“This law is contrary to core Tennessee values,” said Abby R. Rubenfeld, the suit’s lead attorney. “Tennessee is the volunteer state—we help each other, we don’t single out certain Tennesseans who are deemed unworthy of help. Our legislators abused their power by preventing localities from assisting their own citizens. Rather than considering what is best for our state, they passed a law based on disapproval of gay and transgender people, which the Tennessee and U.S. Constitutions do not permit.”    

“Fifteen years ago, in fact—in a case quite similar to this one—the U.S. Supreme Court ruled that, ‘if the constitutional conception of ‘equal protection of the laws’ means anything, it must at the very least mean that a bare … desire to harm a politically unpopular group cannot constitute a legitimate governmental interest’,” said Rubenfeld, citing Romer v. Evans, which struck down a Colorado constitutional amendment that barred localities or the state from passing laws to prohibit discrimination against gay people.

The suit’s plaintiffs, represented by Nashville attorney Rubenfeld, the law firm of Morrison & Foerster, and the National Center for Lesbian Rights, include:

•    Lisa Howe, the extremely successful Belmont University soccer coach who made a “mutual decision” to leave her coaching position unexpectedly and despite a highly successful career, immediately after sharing with her team that she and her same-sex partner were having a baby.

•    Metro Councilmembers Erik Cole, Erica Gilmore, and Mike Jameson, representing District 7, District 19, and District 6, respectively. Councilmembers Gilmore and Jameson were co-sponsors of BL2011-838, the Metro ordinance which extended existing anti-discrimination protections to gay and transgender employees of Metro government contractors.

•    Shirit Pankowsky, a rising senior at Martin Luther King, Jr. High School (MLK) and founder and president of MLK’s Gay/Straight Alliance. By stripping Metro’s ability to protect its citizens from discrimination, HB600 also strips protections from Metro Nashville Public Schools’ LGBT students who face discrimination.

•    Dr. Marisa Richmond, president of the Tennessee Transgender Political Coalition and longtime advocate for gay and transgender equality at the federal, state and local level.

•    Wesley Roberts, a teacher at Hume-Fogg Academic Magnet School and a co-sponsor of the school’s Gay/Straight Alliance.

•    The Tennessee Equality Project, a statewide non-profit organization dedicated to promoting and sustaining the equality of gay and transgender Tennesseans.

•    The Tennessee Transgender Political Coalition, a statewide organization which advocates for transgender-related legislation at the federal, state and local levels.

“I want my daughter to grow up in a state that treats everyone equally,” said Lisa Howe. “This lawsuit is necessary because the legislation is discriminatory and unconstitutional. Unfortunately, the majority of the legislature didn’t read the bill carefully and think through its consequences. But that’s why we have the Constitution and the courts to interpret it—so that the rights of everyone can be protected.”

“The state legislation was disguised as an effort to ensure consistent business regulations across Tennessee counties. But that was a Trojan horse pretext for getting this passed. Every county has unique zoning regulations, unique employment regulations, and so forth. Why is it only now, and only on the issue of discrimination, that we suddenly need uniformity? If every county now needs to be identical, should we abolish city councils across the state?” said Metro Councilmember and suit plaintiff Mike Jameson.
 
No individual businesses went on record in support of HB600, and some of Tennessee’s largest employers, including Nissan, Alcoa, FedEx, AT&T, Whirlpool and Comcast, opposed the bill. In addition, the Tennessee Chamber of Commerce issued a public statement in opposition to the bill on the day it was signed into law by Gov. Bill Haslam.

“Under the very thin guise of protecting businesses and commerce, Tennessee passed a law specifically intended to encourage discrimination against lesbian, gay, bisexual and transgender members of the community,” said Shannon Minter, Legal Director of the National Center for Lesbian Rights. “This law is part of a larger, national strategy to attack cities and counties that attempt to protect their citizens from discrimination based on characteristics that bear no relationship to job performance, talent, or one’s ability to contribute to society.”

Plaintiffs’ claims are based on the equal protection guarantees of the United States and Tennessee Constitutions. The lawsuit, which will proceed in state court, seeks injunctive relief to stop the enforcement of HB600 and an order from the Court declaring the law unconstitutional.  

Media Contacts:

Erik Olvera
NCLR Communications Director 
Office: 415.392.6257 x324
Mobile: 415.994.3242
EOlvera@NCLRights.org

Abby R. Rubenfeld 
Rubenfeld Law Office 
Office: 615.386.9077 
ARubenfeld@RubenfeldLaw.com