NJ Lawmakers Set Marriage Equality As Legislative Priority

Garden State Equality, New Jersey's leading Lesbian and Gay political organization, announced that majority leaders in both houses of the New Jersey legislature have decided to fast-track passage of a marriage equality bill, A. 1 and S.1.

(Trenton, NJ, January 9, 2012) – Today New Jersey Senate President Stephen Sweeney and House Speaker Sheila Oliver announced that they will fast-track and prioritize legislation that would end the exclusion of same-sex couples from marriage in New Jersey.  The announcement was made at a press conference today in which Freedom to Marry’s National Campaign Director Marc Solomon offered the  organization’s full support in helping secure passage of the law.

The below is an excerpt from Solomon’s remarks: 

“Freedom to Marry is proud to partner with Garden State Equality and New Jersey’s tremendous legislative leaders, Senate President Sweeney and House Speaker Oliver, as we work together to make New Jersey the next state to end the exclusion of gay couples from marriage.  What New Jersey’s legislative leaders are telling us clearly today is that the Garden State values its gay and lesbian citizens fully, and does not accept treating same-sex couples and their families as second class citizens, as it presently does with civil unions.  Marriage matters for same-sex couples and their families, both because it says we’re a family through thick and thin in a way that nothing else does, and because it provides a critical safety-net of protections that civil unions do not.”

Following the 2006 passage of civil union legislation, the 2008 New Jersey Civil Union Commission concluded there was “overwhelming evidence that civil unions will not be recognized by the general public as the equivalent of marriage in New Jersey with the passage of time.”  It recommended enacting marriage in its place.  

The House and Senate bills (respectively numbered A. 1 and S. 1) are expected to be taken up early this year.  The numbering of the bills reflects the importance which the legislative leaders are giving to the effort.

Interestingly, Republican Governor Chris Christie has repeatedly announced that he would veto any marriage equality bill that the legislature passed and even before he was sworn in, Governor-elect Christie was instrumental in preventing the passage of a marriage equality bill in a lame duck session which Governor Jon Corzine would have signed into law.

Another sign of the widespread support for marriage equality in the Garden State is that the entire 7-member Democratic congressional delegation sent a letter supporting marriage equality and urging fast passage of the pending legislation.

Hopefully 2012 will be the year New Jersey joins its neighboring state of New York in enacting marriage equality. New Jersey has had a civil unions law since 2005.

Haters Effort To Repeal CA DREAM Act #Fail

Ha-ha! This is excellent news. The California DREAM Act was signed into law by Governor Jerry Brown last year and the racist xenophobes started circulating petitions to put a referendum on the November 2012 ballot. The CA Dream Act  allows undocumented youth to receive state financial aid and scholarships for college.

Today comes words that the haters have had a major #fail!

Opponents of the California Dream Act have failed to gather enough petition signatures to qualify an initiative for the November ballot that would have repealed the legislation, organizers said Friday. 

Volunteers and a small group of paid signature gatherers had hoped to collect more than 500,000 valid signatures by this week to stop the legislation, which gives illegal immigrants access to state financial aid at public universities and community colleges. They were able to gather nearly 450,000 signatures, Assemblyman Tim Donnelly (R-San Bernardino) said in a statement. 

Supporters of the California Dream Act have argued that many young undocumented immigrants came to the country through no fault of their own; those opposed stressed that the state should not use scarce resources on illegal immigrants.

The haters can still try and get signatures to put an initiative statute on the ballot in November but they have to collect twice as many signatures, and they have to have that done at least 150 days before the election.

I think even if the DREAM Act was up for debate on the ballot that California voters would re-affirm their commitment to equal opportunity and fairness.

Australia Labor Party Endorses Marriage Equality

Openly gay Minister of Water Penny Wong is expected to
play a crucial role in passing marriage equality in Australia next year

The ruling Labor Party of Australia has voted to endorse marriage equality, a big step towards Australia becoming the next country to end marriage discrimination in February 2012. However by a vote of 208 to 184 it was made a conscience vote, in other words individual MPs will be allowed to vote their conscience and not be "whipped" to adhere to the party line.

The Sydney Morning Herald reports:

The Prime Minister, Julia Gillard, had called for a conscience vote and personally moved the amendment backing this.Had this been defeated, Ms Gillard’s leadership would have suffered a serious blow. She dodged a bullet when the conscience vote was endorsed by 208 votes to 184.Support to change the platform to one of explicit support for gay marriage was much stronger and some see this as a defeat for the Prime Minister.She has not publicly opposed a platform change but she does oppose changes to the Marriage Act which defines marriage as a union between a man and a woman.The platform change endorsed today says ‘‘Labor will amend the Marriage Act to ensure equal access to marriage under statute for all adult couples irrespective of sex who have a mutual commitment to a shared life’’.

The Prime Minister, Julia Gillard, is an unmarried atheist who is the first female head of the Australian government. She has been getting much flak from the Australian LGBT community for her position,, which most liken to Barack Obama;'s in its political expediency.


Polls show strong support for marriage equality among the Australian public.

Nigeria Senate Passes Insanely Anti-Gay Bill

Very bad news out of Nigeria. For the last 18 months or so the LGBT blogosphere has been tracking an anti-homosexuality bill in Uganda which included the death penalty for some homosexual acts. Happily that legislation died when the legislative session ended earlier this year, although there are some reports that Uganda's Anti-Homosexuality Bill is being revived.

Now comes news that an arguably even more repressively homophobic bill has passed one legislative body i Africa's most populous nation, Nigeria.

The Washington Post reports:

Nigeria’s Senate voted Tuesday to criminalize gay marriage, gay advocacy groups and same-sex public displays of affection, the latest legislation targeting a minority already facing discrimination in Africa’s most populous nation. 

The bill, now much more wide-ranging than its initial draft, must be passed by Nigeria’s House of Representatives and signed by President Goodluck Jonathan before becoming law. However, public opinion and lawmakers’ calls Tuesday for even harsher penalties show the widespread support for the measure in the deeply religious nation. 

“Such elements in society should be killed,” said Sen. Baba-Ahmed Yusuf Datti of the opposition party Congress for Progressive Change, drawing some murmurs of support from the gallery. 

Gay sex has been banned in Nigeria, a nation of more than 160 million people, since colonial rule by the British. Gays and lesbians face open discrimination and abuse in a country divided by Christians and Muslims who almost uniformly oppose homosexuality. In the areas in Nigeria’s north where Islamic Shariah law has been enforced for about a decade, gays and lesbians can face death by stoning.

Hat/tip to Rod 2.0.

MA: Transgender Rights Bill Passes Legislature

The Massachusetts House passed the Transgender Civil Rights Bill 95-58 and the Senate passed it on a voice vote this week.

The Rainbow Times reports:

The measure, adopted by the House last night, passed the Senate by a voice vote this morning.  Governor Deval Patrick has indicated he will sign the bill into law. It would go into effect July 1, 2012. 

The transgender civil-rights bill would add protections based on “gender identity” to the statutes banning discrimination in employment, housing, education, and credit. It would also add gender identity to current hate-crimes laws. 

The measure, however, does not include protections for public accommodations, such as hotels and restaurants, restrooms, locker rooms, public buildings and transit, including subway and bus lines. 

That omission bothers a lead sponsor of the bill, Representative Carl M. Sciortino, Jr. (D-Medford). But he said, the bill is a step forward  “It makes sure that people who have faced violence and discrimination have legal remedy.”

Massachusetts will become the 16th state to include protections for transgender people from discrimination into law. Curious that this is happening more than 7 years after the state embraced marriage equality. Better late than never.

It's also a big deal that public accommodations are not included in the bill, but hopefully that will happen in the near future.

Senate Judiciary Passes DOMA Repeal Bill!

Today the United States Senate Judiciary Committee passed the Respect for Marriage Act by a party-line vote of 10-8 with all Democrats voting in favor and all Republicans voting against. Think Progress has video clips of the absolutely insane things the Republican opponents said to defend their increasingly tenuous and arbitrary defense of the Defense of Marriage Act.

President Obama endorsed the bill in July and the White House issued a statement after the vote which said:

President Obama applauds today’s vote by the Senate Judiciary Committee to approve the Respect for Marriage Act, which would provide a legislative repeal of the so-called “Defense of Marriage Act.” The President has long believed that DOMA is discriminatory and has called for its repeal. We should all work towards taking this law off the books. The federal government should not deny gay and lesbian couples the same rights and legal protections afforded to straight couples.”

Very important result. It will be interesting if they can even get a vote on the bill on the Senate floor

Denmark Set To Legalize Marriage Equality In 2012

Great news from Northern Europe! The Government of Denmark has announced that it intends to legalize marriage equality in the next year or so.

The government is planning to propose legislation at the beginning of the year, the Copenhagen Postreports. Manu Sareen, the coalition government's church minister, said he hopes to see same-sex marriages legalized in the Church of Denmark by Spring 2012.

Currently, gay couples are allowed to join together through "registered partnerships," a civil union, theCopenhagen Post points out. Denmark was the first country to legalize civil unions in 1989, but the couples still cannot marry in the Church of Denmark.

"I look forward to the moment the first homosexual couple steps out of the church. I'll be standing out there throwing rice," Sareen told Jyllands-Posten, a Danish newspaper.

Danish political parties are reportedly "extremely gay friendly," and many officials took part in the discussion to allow same-sex weddings in the church, an August article in the Copenhagen Postexplains. 
Scotland and England are both considering same-sex legislation for next year, but like other countries, officials there have faced opposition, namely from the Catholic Church, ATV Today reports.

A May 2011 article in the Copenhagen Post indicates that about 75 percent of Danes support same-sex marriages through the church. Religious leaders acknowledge the public's support for gay marriage and have expressed that a compromise -- such as a "specific marriage ritual for homosexual couples" -- might be the way to go.

This is very cool but unsurprising news. Then again, the more countries that legalize marriage equality make the progressive change more and more inevitable.

Celebrity Friday: Ileana Ros-Lehtinen

Ileana Ros-Lehtinen made headlines recently when she became the first Republican co-sponsor of the Respect for Marriage Act, legislation which would repeal the so-called Defense of Marriage Act.

The Washington Blade reports:

“I’m pleased to join the Log Cabin Republicans in our fight for marriage equality,” Ros-Lehtinen said. “I co-sponsored the repeal of DOMA because I firmly believe that equality is enshrined in our constitution and in our great democracy.”

Ros-Lehtinen’s support means the DOMA repeal bill, which in the House was introduced by Rep. Jerrold Nadler (D-N.Y.), now has 125 co-sponsors. The House legislation now has more co-sponsors than it had in the 111th Congress when Democrats held a majority in the chamber.

In a statement, Nadler said he welcomes Ros-Lehtinen as a co-sponsor of the Respect for Marriage Act “with great joy.”

“And her support reminds us that the march to repeal the discriminatory DOMA is not a partisan issue,” Nadler said. “Just as New York showed the nation this summer in its bipartisan embrace of marriage equality, the drive to end DOMA is — and must be — a collective, nonpartisan effort that unites Americans behind a simple push for equality.”

Other pro-LGBT bills to which Ros-Lehtinen has signed on as a co-sponsor include the Employment Non-Discrimination Act and the Every Child Deserves a Family Act. In May 2010, Ros-Lehtinen was among five Republicans who voted for “Don’t Ask, Don’t Tell” repeal even before the Pentagon report on the issue was published.

Of course the cynic would say the reason why there are more sponsors of the Respect for Marriage Act in this Congress is because the bill has almost no chance of actually passing the U.S. House with a Republican majority. Therefore, Congressmembers know they can get "credit" for co-sponsoring pro-LGBT legislation without even having to bite the bullet and actually vote in favor of pro-LGBT rights. But that would be cynical, wouldn't it?

#FAIL! No Referendum On FAIR Education Act

Well, well! The heterosexual supremacists at StopSB48.com have officially admitted that they have failed to collect enough signatures to place a referendum on the enactment of the FAIR Education Act on the 2012 ballot.

This is great news because despite the hysterical pleadings of StopSB48.com and the (mostly religious) professional homophobes who supported the signature gathering campaign, all the bill would do is make sure that the contributions of LGBT citizens are included when the historical contributions of other marginalized groups are also taught. This is what our opponents call "the homosexual agenda."

Gov. Brown Signs Two Bills Outlining Transgender Protections

The legislative session in California has come to a close and Governor Brown is busy signing or vetoing bills that made it through the Democratically controlled legislature.

Two bills that are of great interest to the LGBT community are Assembly Bill 433 and Assembly Bill 887.

The Transgender Law Center trumpeted the enactment of the bills into law (and explained what they do):

These laws have been years in the making.  Through our statewide survey of almost 650 transgender Californians, the 1,200 calls that our legal team receives annually and our conversations with you at events around the state, we discovered two problems that continued to resurface: We found that California's nondiscrimination laws were often not accessible to those who needed them the most. Employers, health care providers, housing authorities - even transgender and gender non-conforming people - were unaware that it is illegal to discriminate against transgender Californians. Our legal rights were hidden within the definition of "gender", leaving many people in the dark about their rights, and many institutions out of compliance responsibilities. This had an especially severe impact on low-income and trans communities of color who tend to face employment discrimination at higher frequencies within transgender communities.   We heard from many transgender people who were unable to change their birth certificates and other identity documents due to financial and medical barriers. Onerous and outdated standards for court-ordered gender changes created unfair and damaging barriers that disproportionately impacted trans people of color, immigrant trans people, low-income trans people and others who could not overcome the many hurdles to securing basic identity documents. These are identity documents we all need to work, travel, and be our authentic selves. With the help of your input and our partners at Equality California and GSA Network, we came up with two legislative solutions to these problems. The Gender Nondiscrimination Act (AB 887) takes existing protections based on gender and spells out "gender identity and expression" as their own protected categories in our nondiscrimination laws. By making these protections explicit, people will more clearly understand California's nondiscrimination laws, which should increase the likelihood that employers, schools, housing authorities, and other institutions will work to prevent discrimination and/or respond more quickly at the first indications of discrimination. The Vital Statistics Modernization Act (AB 433) will alleviate the confusion, anxiety and even danger that transgender people face when we have identity documents that do not reflect who we are. The bill will streamline current law and clarify that eligible petitioners living or born in California can submit gender change petitions in the State of California. The Vital Statistics Modernization Act conforms California's standards to the standards set by the United States Department of State for gender changes on passports, and it makes common-sense changes to the law that ensure the process is simple for qualified petitioners to navigate.

It should be noted that California law already prohibited discrimination against transgender individuals but because the words "gender identity" or "gender expression" did not appear in the most common places in the California code lawyers would look these anti-discrimination protections were not well publicized or well-understood.

The new laws make it explicitly clear that California's non-discrimination laws also cover transgender residents.

DADT Ends Today!

The United States Army published the above letter (reproduced above) which announces the welcoming of all soldiers regardless of sexual orientation into the Armed Forces, i.e. the end of the "Don't Ask, Don't Tell" policy.

The letter begins:

Today marks the end of "Don't Ask, Don't Tell." The law is repealed. From this day forward, gay and lesbian Soldiers may serve in our Army with the dignity and respect they deserve. Our rules, regulations and policies reflect the repeal guidance issued by the Department of Defense  and will apply uniformly without regard to sexual orientation, which is a personal and private matter.

The letter was signed by John McHugh, Secretary of the Army, General Ray Odierno, Chief of Staff of the U.S. Army and Raymond F. Chandler III, Sergeant Major of the Army. The end of the policy goes into effect at 12:01am on September 20, 2011. It went into effect on December 21, 1993.

Sen. Mikulski Tweets DOMA Repeal Support

Closeted United States Senator Barbara Mikulski (D-Maryland) was previously the subject of a petition campaign to get her support for the Repeal for Marriage Act, federal legislation which would repeal the so-called Defense of Marriage Act, has announced (via Facebook and Twitter) that she will indeed sign on to S. 598.

The Washington Blade reports:

In a statement provided to the Washington Blade via e-mail, Mikulski confirmed she’s a co-sponsor of the legislation.

“I am proud to co-sponsor legislation to repeal key provisions of the Defense of Marriage Act,” Mikulski said. “I believe all Americans are entitled to equal protection under the law and all of our citizens deserve to be treated with dignity and respect.”

She continued, “The Respect for Marriage Act, S.598, will allow couples who have a legal marriage in a state to have the same federal protections as every other married couple. This includes the right to receive spousal benefits under Social Security; to file joint federal tax returns and to take leave under the Family and Medical Leave Act when a spouse falls seriously ill.”

Mikulski’s support brings the total number of co-sponsors for the Respect for Marriage Act to 30. In July, the Senate Judiciary Committee held a hearing on the repeal legislation and how DOMA, which prohibits federal recognition of same-sex marriage, burdens gay couples.

Last month, a coalition of LGBT rights groups — Freedom to Marry, the Courage Campaign and Equality Maryland — delivered a petition with names from nearly 3,000 Maryland residents to Mikulski’s office calling on her to support DOMA repeal.

Hat/tip to TowleRoad.

CA Legislature Passes Gender Equality Bill

Excellent news from California. Although our state already has the strongest LGBT protections available under state law in the country, there are always was to improve. The State Senate put the last touches on AB 887, the Gender Non Discrimination Act, authored by out lesbian Assemblymember Toni Atkins of San Diego, by passing it by a vote of 25-13 this week.

San Diego Gay and Lesbian News reports:

AB 887 protects all Californians. No matter your skin color, your age, where you come from or whether you're gay, straight, or transgender, we are all protected by the same rights," Atkins said. 

"We share equal protection in employment, housing, and education. This bill ensures that no one is left out."AB 887 seeks to strengthen employment, housing, and other civil rights protections for all Californians, particularly those who face discrimination based on gender identity and expression. 

While California anti-discrimination laws already define "gender" to include a person's gender identity and gender expression, AB 887 explicitly enumerates gender identity and expression as protected categories in a number of state codes to provide clarity to those who are victims of unlawful discrimination as well as for business owners, employers and other entities required to comply with the anti-discrimination protections.

I presume Governor Jerry Brown will happily sign the bill into law soon.

WATCH: EQCA Responds To FRC Lies About FAIR Education Act

There is an attempt being made to have California voters vote on a referendum to overturn this year's FAIR Education Act in a June 2012 election. The FAIR Education Act (SB 48) is a law passed by the state legislature and signed into law by Governor Brown which insures that LGBT, people of color and people with disabilities are included in educational social studies curricula. The Family Research Council joined the fight on the side of the heterosexual supremacists who think that any inclusion of homosexuality in schools must be indoctrination. Equality California, the state's largest LGBT political advocacy organization struck back with a video response of their own within days. In the video response, EQCA rolls Tony Perkins video and then stops it when he lies (which is often) or uses scare tactics (also often) to attempt to persuade viewers that the FAIR Education Act is something it is not.
Watch it!
Hat/tip to TowleRoad.

Celebrity Friday: Barbara Mikulski Avoiding DOMA Repeal?

U.S. Senator Barbara Mikulski, Democrat of Maryland, is the
second-longest serving woman in Congress in history

As support for legislative repeal of the so-called Defense of Marriage Act gains steam with hearings being held in the United States Senate Judiciary Committee, attention has begun to fall on liberal members of the Democratic caucus who have inexplicably not yet co-sponsored the Respect for Marriage Act (S. 598/H.R. 1116). For example, in Maryland where marriage equality supporters are expected to move forward with another attempt to legalize marriage equality in 2012 with the strong support of the state's Governor after 2011's heartbreaking defeat, only one of that state's two Democratic U.S. Senators is on record in support of the Respect for Marriage Act or marriage equality itself.There are currently 18 US Senators who support marriage equality and there are 28 U.S. Senators co-sponsoring the DOMA repeal bill.

It's a perfectly reasonable position to be against DOMA (which even in 1996 was a truly shocking federal intrusion into an area of law ceded to the states for hundreds of years rooted in animus towards homosexuality) without publicly endorsing marriage equality, that's the current position of the President of the United States.

What's so surprising is that the Senator from Maryland who is supporting DOMA repeal is Benjamin Cardin, not Barbara Mikulski. Mikulski is a longtime liberal and is currently the longest serving female member of Congress. If she is still in office after March 12, 2012 she will become the longest serving female member of Congress of all time. She has also been widely rumored to be a closeted lesbian for decades. Regardless of what her sexual orientation, it is becoming unacceptable for prominent members of the Democratic party, especially someone as senior as Mikulski not to take a position in favor of marriage equality, especially when it is an important issue for her state and there is federal legislation pending before the United States Senate right now.

WATCH: Amazing Transgender Rights Ad From Argentina

President Obama Endorses DOMA Repeal Bill!

Today is when the Senate Judiciary Committee is hearing testimony about the repeal of the so-called Defense of  Marriage Act, through consideration of S. 598, the Respect for Marriage Act.

However, yesterday the Whuite House Press Secretary Jay Carney made news yesterrday when he announced that the President was endorsing the legislation, even before its first committee hearing (a rare step for Presidents to take with legislation).

The response was to a question by openly gay reporter Chris Geidner of Metro Weekly:




The transcript of the exchange is available:

Metro Weekly: The president has said in the past that he opposes the Defense of Marriage Act, but he is yet to endorse the Respect for Marriage Act, which is the specific piece of legislation --

Carney: Senator [Dianne] Feinstein [(D-Calif.)], yeah.

Metro Weekly: -- aimed to repeal the bill. Tomorrow, the Senate will hold the first hearing into that bill. Is the administration ready to endorse that bill?

Carney: I can tell you that the President has long called for a legislative repeal of the so-called Defense of Marriage Act, which continues to have a real impact on the lives of real people -- our families, friends and neighbors. He is proud to support the Respect for Marriage Act, introduced by Sen. Feinstein and Congressman [Jerrold] Nadler [(D-N.Y.)], which would take DOMA off the books once and for all. This legislation would uphold the principle that the federal government should not deny gay and lesbian couples the same rights and legal protections as straight couples.

It should be interesting how far Senate Democrats want to push DOMA repeal. They presumably have the votes to get it out of committee but probably not the 60 votes to break the inevitable filibuster. And passage in the U.S. House is a non-starter.

U.S. Senate DOMA Repeal Hearing Tomorrow!

Senator Pat Leahy (D-VT), chairman of the Senate Judiciary Committee, is conducting a hearing on July 20th on the so-called Defense of Marriage Act and the Respect for Marriage Act (S. 598/H.R. 1116), which would repeal the 1996 federal law which bans the recognition of legally same-sex married couples by the federal government, among other things.

The hearing will be split into two panels. TowleRoad has the details

Panel 1

* Susan Murray, who lives in Ferrisburgh, Vt., with her spouse, Karen Murray. An attorney with the Burlington office of Langrock, Sperry & Wool, Murray was the co-counsel in the lawsuit Baker v. Vermont, which established civil unions in Vermont in 2000.

* Andrew Sorbo, a Cheshire, Conn., resident who was married to Colin Atterbury. Before dying of pancreatic cancer in 2009, Atterbury was a retired Veterans Affairs hospital administrator and professor of medicine at Yale University. Sorbo, now retired, worked for 35 years as a history teacher and principal. 

* Ron Wallen, an Indio, Calif. resident, who married Tom Carrollo in 2008 after being together for 55 years. In March, Carrollo lost his battle to cancer. After Carrollo's death, Wallen's income was compromised because DOMA prohibits him from receiving his spouse's Social Security payment. Wallen would have been able to receive these payments had he been in an opposite-sex marriage. According to the hearing notice, Wallen is unable to make payments on his family home and is faced with selling the residence, after just losing his spouse.

Thomas Minnery, Senior Vice President for Public Policy, Focus on the Family, Colorado Springs, CO.

Panel 2

Joe Solmonese, President, The Human Rights Campaign, Washington, DC.

David Austin R. Nimocks, Senior Legal Counsel, Alliance Defense Fund, Washington, DC.

Edward Whelan, President, Ethics and Public Policy Center, Washington, DC 

Evan Wolfson, Founder and Executive Director, Freedom to Marry, New York, NY

Although I don't usually agree with Dan Choi on many things, I do agree that the lack of diversity at this hearing is shameful. 7 White guys and 1 white woman? Come on, now!

UPDATE 07/19/2011 04:57PM PST:


According to Karen Ocamb the updated witness list now includes some color (Congressman John Lewis of Georgia):

UPDATED Witness List

Hearing before the
Senate Committee on the Judiciary
On

“S.598, The Respect for Marriage Act: Assessing the Impact of DOMA on American Families”
Wednesday, July 20, 2011
Hart Senate Office Building, Room 216
9:45 a.m.

Panel I

The Honorable John Lewis
United States Congressman
State of Georgia

The Honorable Jerrold Nadler
United States Congressman
State of New York

Panel II

Ron Wallen
Indio, CA

Thomas Minnery
Senior Vice President for Public Policy
Focus on the Family
Colorado Springs, CO

Andrew Sorbo
Cheshire, CT

Susan M. Murray
Ferrisburgh, VT

Panel III

Joe Solmonese
President
The Human Rights Campaign
Washington, DC

David Austin R. Nimocks
Senior Legal Counsel
Alliance Defense Fund
Washington, DC

Edward Whelan
President
Ethics and Public Policy Center
Washington, DC

Evan Wolfson
Founder and Executive Director
Freedom to Marry
New York, NY

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  

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Call 916-445-2841 To Support SB 48 NOW!

Please call 916-445-2841 to urge Governor Jerry Brown to sign SB 48 (The FAIR Education Act) into law. He has until July 20th to sign the bill into law or veto it or let it become law without his signature.

The text of the bill is clear:

SB 48, as amended, Leno. Instruction: prohibition of
discriminatory content.
   Existing law requires instruction in social sciences to include a
study of the role and contributions of both men and women to the
development of California and the United States.
   This bill would require instruction in social sciences to also
include a study of the role and contributions of Native Americans,
African Americans, Mexican Americans, Asian Americans, Pacific
Islanders, European Americans, lesbian, gay, bisexual, and
transgender Americans,  persons with disabilities,  and
other ethnic and cultural groups, to the development of California
and the United States.
   Existing law prohibits instruction or school sponsored activities
that reflect adversely upon persons because of their race, sex,
color, creed, handicap, national origin, or ancestry. Existing law
prohibits the State Board of Education and the governing board of any
school district from adopting textbooks or other instructional
materials that contain any matter that reflects adversely upon
persons because of their race, sex, color, creed, handicap, national
origin, or ancestry.
   This bill would revise the list of characteristics included in
these provisions  to include   by referring to
 race or ethnicity, gender, religion, disability, nationality,
and sexual orientation, or other characteristic listed as specified.
   Existing law prohibits a governing board from adopting
instructional materials that contain any matter reflecting adversely
upon persons because of their race, color, creed, national origin,
ancestry, sex, handicap, or occupation, or that contain any sectarian
or denominational doctrine or propaganda contrary to law.
   This bill would revise the list of characteristics included in
this provision to include race or ethnicity, gender, religion,
disability, nationality,  and  sexual orientation,
 and occupation,  or other characteristic listed as
specified.
   Existing law requires that when adopting instructional materials
for use in the schools, governing boards shall include materials that
accurately portray the role and contribution of culturally and
racially diverse groups including Native Americans, African
Americans, Mexican Americans, Asian Americans, and European Americans
to the total development of California and the United States.
   This bill would revise the list of culturally and racially diverse
groups to also include Pacific Islanders, lesbian, gay, bisexual,
and transgender Americans,  persons with disabilities,  and
other ethnic and cultural groups.[emphasis added]
   Existing law provides that there shall be no discrimination on the
basis of specified characteristics in any operation of alternative
schools or charter schools.
   This bill would state the intent of the Legislature that
alternative and charter schools take notice of the provisions of this
bill in light of provisions of existing law that prohibit
discrimination in any aspect of their operation.
   This bill also would make other technical, nonsubstantive changes.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 51204.5 of the Education Code is amended to
read:
   51204.5.  Instruction in social sciences shall include the early
history of California and a study of the role and contributions of
both men and women, Native Americans, African Americans,  Mexican
Americans,  Asian Americans, Pacific Islanders, European
Americans, lesbian, gay, bisexual, and transgender Americans, 
persons with disabilities,  and members of other ethnic and
cultural groups, to the economic, political, and social development
of California and the United States of America, with particular
emphasis on portraying the role of these groups in contemporary
society.
  SEC. 2.  Section 51500 of the Education Code is amended to read:
   51500.  A teacher shall not give instruction and a school district
shall not sponsor any activity that  reflects adversely upon
persons  promotes a discriminatory bias  on the
basis of race or ethnicity, gender, religion, disability,
nationality, sexual orientation, or because of a characteristic
listed in Section 220.
  SEC. 3.  Section 51501 of the Education Code is amended to read:
   51501.  The state board  or   and  any
governing board shall not adopt any  textbook  
textbooks  or other instructional materials for use in the
public schools that  contains   contain 
any matter reflecting adversely upon persons on the basis of race or
ethnicity, gender, religion, disability, nationality, sexual
orientation, or because of a characteristic listed in Section 220.
  SEC. 4.  Section 60040 of the Education Code is amended to read:
   60040.  When adopting instructional materials for use in the
schools, governing boards shall include only instructional materials
which, in their determination, accurately portray the cultural and
racial diversity of our society, including:
   (a) The contributions of both men and women in all types of roles,
including professional, vocational, and executive roles.
   (b) The role and contributions of Native Americans, African
Americans, Mexican Americans, Asian Americans, Pacific Islanders,
European Americans, lesbian, gay, bisexual, and transgender
Americans,  persons with   disabilities,  and
members of other ethnic and cultural groups to the total development
of California and the United States.
   (c) The role and contributions of the entrepreneur and labor in
the total development of California and the United States.
  SEC. 5.  Section 60044 of the Education Code is amended to read:
   60044.  A governing board shall not adopt any instructional
materials for use in the schools that, in its determination,
contains   contain  :
   (a) Any matter reflecting adversely upon persons on the basis of
race or ethnicity, gender, religion, disability, nationality, sexual
orientation,  occupation,  or because of a characteristic
listed in Section 220.
   (b) Any sectarian or denominational doctrine or propaganda
contrary to law.
  SEC. 6.  It is the intent of the Legislature that alternative and
charter schools take notice of the provisions of this act in light of
Section 235 of the Education Code, which prohibits discrimination on
the basis of disability, gender, nationality, race or ethnicity,
religion, sexual orientation, or other specified characteristics in
any aspect of the operation of alternative and charter schools.

Of course, the heterosexual supremacists are saying that this bill is about "The Promotion of the Homosexual Lifestyle in School Curriculum" when actually all it does is include the LGBT community to the existing California Education Code which mandated the inclusion of the racial and cultural diversity of California.

CALL NOW. It literally takes 90 seconds. There is a phone tree set up when you dial 916-445-2841 and go through 2 or 3 options then you are asked about SB 48 and you can Press 1 to demonstrate your support for the FAIR Education Bill!