Celebrating 43 Years! Issue 14 Volume 45
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Seattle Gay News SEATTLE’S LGBT NEWS & ENTERTAINMENT WEEKLY
Title VII of Civil Rights Act WA Supreme Court affirms protects Lesbians & Gays, LGBTQ discrimination has no place in courtroom Seventh Circuit rules
Kimberly Hively – Photo courtesy of interceder.net
by Mike Andrew SGN Staff Writer Title VII of the Civil Rights Act of 1964 protects Lesbians and Gays against discrimination on the job, the Seventh U.S.
Circuit Court of Appeals ruled on April 4. In an en banc decision, one involving all the active judges of the appeals court, the judges ruled 8-3 that a prior decision by a three-judge panel of the court was wrong, see TITLE VII page 8
Chief Justice Mary Fairhurst – Photo courtesy of seattletimes.com
Supreme Court says lower court disfavored Legal Voice client due to her sexual orientation; also recognized religion cannot be used to disfavor LGBTQ parents Thursday morning, April 6, the Washing-
ton Supreme Court ruled that a lower court improperly disfavored a mother because of her sexual orientation in a child custody case. The Supreme Court’s ruling in Marriage of Black strongly affirms that courts see WA SUPREME page 7
Do something about hate Ed Murray vs. crimes, Maria Cantwell Jeff Sessions – Round II tells Trump
Maria Cantwell – Photo by Carolyn Kaster / AP
by Mike Andrew SGN Staff Writer U.S. Senator Maria Cantwell of Washington and 12 of her Democratic colleagues are demanding that Donald Trump appoint a presidential task force to address violent
hate crimes. “There has been an alarming rise in hate violence and threats against religious and racial minorities across the United States,” the senators said in their April 4 letter. see HATE CRIMES page 7
Jeff Sessions – Photo by Mark Wilson / Getty Images
by Mike Andrew SGN Staff Writer Less than a week after filing a lawsuit challenging U.S. Attorney General Jeff Sessions over immigration policy, Seattle Mayor Ed Murray defied Sessions again,
this time over policing. On April 4, Sessions said his Department of Justice would review – and potentially set aside – consent decrees the Obama administration had negotiated with see POLICE REFORM page 7
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Celebrating 41 Years!
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OBITUARY
Rainbow Flag creator Gilbert Baker dies at 65 by Mike Andrew SGN Staff Writer Gilbert Baker, the artist who designed the iconic Rainbow Flag, died March 31 in New York City. He was 65. Baker’s longtime friend and fellow activist Cleve Jones broke the news on his Facebook page. “I am heartbroken,” Jones wrote. “My dearest friend in the world is gone. Gilbert gave the world the Rainbow Flag; he gave me forty years of love and friendship. I can’t stop crying. I love you forever, Gilbert Baker.” Baker and Jones met each other in the circle of young Gay activists who gathered around Harvey Milk in 1970s-era San Francisco. When Milk arrived in the city in 1972, Baker was already there, having just completed a two-year stint in the U.S. Army. Jones also arrived about that time to study political science at San Francisco State College. While Milk, who was 20 years older than his young friends, ran for office several times before finally winning a seat on the San Francisco Board of Supervisors in 1977, Jones became his political aide while Baker pursued a career as an artist. After leaving the Army with an honorable discharge, Baker taught himself to sew and used his newly acquired skills to make banners for antiwar and Gay rights marches. Among his many creations was the one for which he is best known – the Rainbow Flag – which he designed in 1978, shortly after Milk was assassinated. “We needed something to express our joy, our beauty, our power. And the rainbow did that,” Baker told CNN in a 2015 interview. The flag proved to be an immediate hit. “We stood there and watched and saw the flags, and [the crowd’s] faces lit up,” Jones later told The New York Times. “It needed no explanation. People knew immediately that it was our flag.” Baker’s original design was not the same one the contemporary LGBT movement uses. The prototype had eight colors, each with a specific symbolism: hot pink for sex, red for life, orange for healing, yellow for sunlight, green for nature, turquoise for art,
Designer of the Rainbow Flag, Gilbert Baker – Photo courtesy of highlighthollywood.com
indigo for harmony, and violet for spirit. Thirty volunteers helped Baker handdye and stitch the first two Rainbow Flags in the top-floor attic gallery of the Gay Community Center, which was then at 330 Grove Street in San Francisco. Almost immediately, circumstances forced changes to the design. The flag lost its hot pink stripe when Baker approached the Paramount Flag Co. to begin mass-producing them. The pink fabric turned out to be too expensive to include. Next, the flag lost its indigo stripe when the 1979 Gay Freedom Day Parade organizers decided to fly the flag in two halves from the light poles along both sides of Market Street. To accommodate their plans, the flag needed six stripes instead of seven. Finally, the turquoise stripe became medium blue, which was easier and cheaper to acquire. Baker moved to New York in 1994, where he continued his creative work and activism. That year he created what was then the world’s largest flag to celebrate the 25th anniversary of the Stonewall Rebellion. In 2003, to commemorate the Rainbow Flag’s 25th anniversary, Baker created an even larger flag that stretched from the Gulf of Mexico to the Atlantic Ocean at Key
West, Fla. After the event, he sent sections of the flag to LGBT community centers in 100 cities around the world. The GLBT Historical Society in San Francisco owns one of the sewing machines Baker used to produce the original flags in 1978, along with one of the limited-edition recreations of the eight-stripe design he produced to mark the 25th anniversary of the flag. In 2012, the society displayed both objects in an exhibition on the history of the flag at the GLBT History Museum, which it sponsors in San Francisco’s Castro District. In 2015, the Museum of Modern Art in New York City acquired examples of the flag for its design collection. The museum’s curators ranked it as an internationally recognized symbol on par with the Creative Commons logo and the recycling symbol. To honor Baker, San Francisco Mayor Ed Lee flew a Rainbow Flag at half-staff from his balcony overlooking the city’s United Nations Plaza, where a community vigil in Baker’s memory was held March 31. “Gilbert was a trailblazer for LGBT rights, a powerful artist, and a true friend to all who knew him. Our thoughts are with his friends and family. He will be missed,” Lee tweeted.
Seattle LGBTQ Commission seeks candidates The Seattle LGBTQ Commission seeks applications from interested candidates to fill several vacancies on the Commission. The Commission is a 16-member body that advises the Mayor, City Council, and City of Seattle departments on issues that affect LGBTQ communities throughout Seattle. Commissioners promote positive change by working with community groups and individuals to identify areas of concern, by making recommendations regarding policy and legislative changes, and by serving as liaisons between LGBTQ communities and city government. Terms are for two-years and are subject to confirmation by the Mayor and City Council. Applicants must live or work in Seattle and be available for monthly meetings from 6:30 to 8:30 p.m. on the third Thursday of the month at City Hall in downtown Seattle. The Commission was recently involved in the process to ban conversion therapy in Seattle, has provided city agencies with input regarding homelessness prevention, and
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has encouraged the creation of safe consumption sites in our city. The Seattle LGBTQ Commission is committed to centering the voices, experiences and needs of historically disenfranchised individuals. The Commission hosts a variety of community education and outreach events throughout the year, such as the annual Pride Flag Raising event to mark the beginning of Pride Month. Additionally, we are developing a snapshot survey of LGBTQ folks in Seattle to gather critical data about the lived experiences of our community members. Applicants should: • Be passionate about working with local government officials to improve experiences of LGBTQ folks. • Live or work in Seattle. • Have meaningful connections within Seattle LGBTQ communities. • Demonstrate a commitment to social justice and civil rights. • Be collaborative leaders.
• Be able to regularly attend Commission meetings on the third Thursday of each month from 6:30-8:30 p.m. • Demonstrate a desire and ability to spend 8-10 hours per month working on Commission-related projects. To apply, please submit a letter of interest and a resume to Erika Pablo, erika.pablo@ seattle.gov by Thursday, April 13, 2017. Interviews with selected applicants will be conducted on April 21 or 22, 2017. For more information on the Seattle LGBTQ Commission visit http://www.seattle.gov/lgbtq.
Celebrating 41 Years!
People’s Academy for Community Engagement now accepting applications DEADLINE TO APPLY FOR SPRING QUARTER IS MAY 8 CLASSES BEGIN MAY 27 Seattle Department of Neighborhoods is accepting applications to the People’s Academy for Community Engagement (PACE), its civic leadership development program for the next wave of community leaders. The Spring Quarter begins May 27
and runs through June 24. During the 5-week program, 25-30 emerging leaders (18 years and up) will learn hands-on strategies for community building, accessing government, and inclusive engagement from experts in the field. PACE has a strong focus on Seattle’s community and neighborhood organizations and the city’s governmental structure and processes. Spring Quarter will be held on Satur-
days from 10:00 a.m. - 2:00 p.m. at Langston Hughes Performing Arts Institute (104 17th Ave S at E Yesler Way). Topics include: Approaches to Leadership, Accessing City Government, Community Organizing, Inclusive Outreach and Public Engagement, Public Speaking, Conflict Resolution, and more. Tuition for the 5-week program is $100. Tuition assistance is available. To apply, visit seattle.gov/PACE. Applica-
tions for all quarters are accepted on a rolling basis. The application deadline for the upcoming Spring Quarter is Monday, May 8 at 5:00 p.m. Given the popularity of the program, PACE is offered three times a year: winter, spring and fall. For more information, visit our webpage and for questions, email PACE@seattle.gov.
Elway Poll: If you voted for Trump, you still like him …If you didn’t, you hate him by Mike Andrew SGN Staff Writer A new statewide Elway Poll reveals that Washingtonians who voted for Donald Trump still like him, while those that didn’t are growing to hate him. Trump won 38% of the Washington’s vote last November, carrying most of the state’s counties, but badly losing in the population centers along the I-5 corridor. He lost King County by more than 50 points, and Seattle by more than 80. No surprise, then, that 56% of respondents in the Elway Poll disapprove of Trump’s leadership style, while 40% approve. That mirrors his electoral margin in the state. What is interesting, however, is that a whopping 40% say they “strongly disapprove” of Trump, while only 17%
“strongly approve.” Trump’s policies are somewhat more acceptable to Washingtonians than his personal style, the poll shows. Forty-six percent believe Trump is making the wrong kind of changes, while 34% said he is following the right path. Twenty percent had no opinion or said Trump is “not really bringing much change.” Democrats hate Trump. Eighty-nine percent disapprove of his style and 81% disapprove of his policies. Seventy-seven percent disapprove of both. Among Republicans, however, Trump is a hero. Seventy-nine percent of state Republicans approve of his style, while 75% like the direction he’s taking the country, and 68% like both. Self-described independents most closely mirror the state’s vote in November. Fifty-four percent disapproved of his style,
while only 39% approved. Forty-four percent disliked Trump’s policies, and 33% approved. Forty-percent disliked both. While Trump voters still like him, his presidency seems to have motivated his opponents far more than his friends. Nearly half the Democrats surveyed have donated money or attended a political event since the election, compared with just 24% of Republicans and 28% of Independents. Nearly 40% of Seattle voters – the state’s biggest Clinton fans – have been active in some way. “One of the election surprises was the Washington counties carried by Trump that had not voted for a Republican in 4 or 5 generations,” pollsters noted in their report. However, blue-collar voters in rural areas of the state are likely to be hurt by some of Trump’s budget cuts. Consequently, “the electorate in Trump
counties still lean his way, but is somewhat more divided than the electorate in counties carried by Hillary Clinton,” Elway reports. For example, 43% of respondents in counties that voted for Trump said he is making the “right kind of changes,” but 37% disagreed. Fifty-one percent approved of his leadership style, but 45% disapproved. Among voters in Clinton counties, in contrast, 50% said Trump is making the “wrong kind” of changes, 60% disagreed with his style of leadership, and of them, 42% disagreed “strongly.” For this poll, Elway Research interviewed 503 registered Washington voters between March 30 and April 3. The interviews were done by both land lines and cell phones. The poll has a margin of error of plus/minus 4.5 percent.
Senator Patty Murray reintroduces Paycheck Fairness Act by Mike Andrew SGN Staff Writer U.S. Senator Patty Murray (D-WA) marked Equal Pay Day on April 4 by reintroducing her Paycheck Fairness Act. The legislation would strengthen the Equal Pay Act of 1963 by holding employers accountable for discriminatory practices, ending the practice of pay secrecy, easing workers’ ability to individually or jointly challenge pay discrimination, and strengthening the available remedies for wronged employees. Equal Pay Day marks the date when women’s wages finally catch up to what men were paid in the previous year. Despite making up half the workforce, more than five decades after the passage of the Equal Pay Act of 1963, American women still make only 80 cents, on average, for every dollar earned by men. The gap is even wider for women of color, with African American women making 63 cents on the dollar, and Hispanic women making only 54 cents, on average, compared with white men. “I’m proud to sponsor the Paycheck Fairness Act to make sure every woman working to support her family or herself is being paid the same as her male coworkers for the same work,” Murray said in a statement. “At a time when many families are struggling to make ends meet, we should be working together to make sure women are not being left behind. This shouldn’t
April 4th: Equal Pay Day – Photo by Joe Raedle / Getty Images News / Getty Images
be a partisan issue, and I’m proud to join my colleagues to keep up the fight to ensure that all the hardworking women across this country are getting paid what they’ve earned.” The bill’s original Senate cosponsors include Schumer (D-NY), Durbin (D-IL), Menendez (D-NJ), Coons (D-DE), Brown (D-OH), Udall (D-NM), Casey (D-PA), Baldwin (D-WI), Van Hollen (D-MD), Shaheen (D-NH), Gillibrand (D-NY), Klobuchar (D-MN), Markey (D-MA), Hirono (D-HI), Feinstein (D-CA), Manchin (D-WV), Heinrich (D-NM), Blumenthal (D-CT), Leahy (D-VT), Booker (D-NJ),
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Reed (D-RI), Sanders (I-VT), Warren (DMA), Stabenow (D-MI), Carper (D-DE), Whitehouse (D-RI), McCaskill (D-MO), Cantwell (D-WA), Franken (D-MN), Warner (D-WA), Harris (D-CA), Murphy (D-CT), Nelson (D-FL), Wyden (D-OR), Kaine (D-VA), Hassan (D-NH), Merkley (D-OR), Tester (D-MT), Duckworth (DIL), and Bennet (D-CO). A companion bill in the House was introduced by Rep. Rosa DeLauro (D-CT) and has 198 cosponsors. While women earn less than men on average in every state, some states are getting close to closing the gap.
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According to a new study by the National Partnership for Women and Families, women earn 89 cents on the dollar in New York and Delaware, 87 cents in Florida, and 86 cents in North Carolina, Rhode Island, California, and the District of Columbia. The study also found that there are six congressional districts two in California, two in New York, and one each in Maryland and Texas where women are paid equal to or slightly more than their male counterparts. On the other hand, the gender-wage gap is worse for African American women, and even worse for Latinas. Looking only at the 20 states with the highest population of employed Black women, the analysis found that full-time, year-round employed Black women earn just 63 cents for every dollar paid to white, non-Hispanic men 17 cents less than women are paid overall. The disparity for Black women is highest in Louisiana, where they earn just 48 cents on the dollar, followed by Mississippi, Alabama, South Carolina, and New Jersey. Also looking at just the 20 states with the highest population of Latinas in the workforce, the report found that Latinas are paid 54 cents for every dollar paid to their white, male counterparts. That disparity is highest in New Jersey, California, Texas, Washington State, and Maryland.
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Celebrating 41 Years!
Standing up for LGBTQ diversity Black lives matter. That’s especially true for families composed of black LGBTQ parents that face the recent political winds of change in a conservative direction. That’s why Seattle’s Lesbian and Gay Child Care Task Force is focusing a large part of its recruitment efforts for its newly revived annual calendar on LGBTQ people of color with young children. Politics were part of the effort that revived the organization’s once popular wall calendar despite the presence of digital alternatives. “We must assure all children see families who look like them, “ says Bill Sanders, the task force’s chair.” The forthcoming 2018 calendar revives a once-popular promotional effort for the
organization charged with advancing earlylearning environments that celebrate diversity and a bias-free curriculum. In a world not long ago, where same-sex marriage and gay adoptions had become the law of the land, some of the demand for the wall calendar diminished, especially in a world where calendars became dynamic and fit into a pocket. The calendar was last printed in 2015. The Task Force membership represents a coalition of early childhood educators in the greater Seattle area. Since 1998 the task force has been promoting early learning environments welcoming to all families. In 2013 the task force developed a set of four simple puzzles for classrooms that
used photographs of the same folks who had previously been calendar families. The calendar is distributed through Seattle area schools, counseling offices, colleges and universities. Families shown in the calendar receive a free copy and a thumb-drive of a selection of pictures taken by the photographer in the individual photo shoot. The group’s photographer is now preparing to take pictures in the early spring. If your family is LGBTQ and at least one parent is black please join our mission to represent the beautiful diversity of the Seattle metropolitan area, contact Bill Sanders by email – bill.sanders@seattle.gov – or by telephone at (206) 684-0938.
WA SUPREME
sexual orientation as a “lifestyle choice.” In a written ruling, the trial court expressed its view that it would be “very challenging for the children to reconcile their religious upbringing” with Rachelle’s sexual orientation. The lower court also favored the father based on its view that he would be “more stable” in maintaining the children’s religious upbringing. In a decision authored by Chief Justice Mary Fairhurst, the Washington Supreme Court unanimously reversed the trial court’s decision. The Court held that “the trial court here failed to remain neutral regarding Rachelle’s sexual orientation and impermissibly favored [the father’s] religious beliefs.” The Supreme Court further recognized that “bias against Rachelle permeated the proceedings” in the lower court. “If a parent’s sexual orientation is wrongfully considered in a child custody case, discrimination is baked in to every layer of that decision,” said David Ward of Legal Voice. “We applaud the Supreme Court for recognizing this, and we hope
this decision will send a strong message to other courts: discrimination against LGBTQ parents has no place in the courtroom.” The Supreme Court rejected arguments that the father could be favored in deciding custody based on the trial court’s view that the father would be more stable in maintaining the children’s religious upbringing. The Court recognized that “the trial court’s improper consideration of Rachelle’s sexual orientation was intertwined with an implicit preference for [the father’s] religious beliefs,” which condemn same-sex relationships. The Supreme Court ordered that the case be sent back to Pierce County Superior Court, with decisions about custody, decision-making, and alimony to be made by a new judge. Rachelle was represented in her appeal by David Ward of Legal Voice and by Amanda Beane, Kelly Moser, and Julie Wilson-McNerney of Perkins Coie LLP. Her attorneys hailed the decision. “Parents’ sexual orientation or gender
identity should never cause them to lose custody of their children. And today, the Supreme Court of the State of Washington agreed,” said National Center for Lesbian Rights Deputy Director and Family Law Director Cathy Sakimura. “This ruling takes another step toward eliminating antiLGBTQ bias in family courts and our legal system generally. The National Center for Lesbian Rights thanks Legal Voice for bringing this case and is proud to have filed a brief in support. Every day, we will continue working to strengthen LGBTQ families in Washington and across the country.”
identify possible solutions, and to improve access to resources to fight back.” In their letter, the senators noted specific crimes they wished to bring to Trump’s attention: • Since the beginning of the year, more than 100 Jewish community centers and synagogues received bomb threats. • In February, two Indian men were shot at an Olathe, Kan., bar after a man reportedly yelled, “Get out of my country!” One of the men died from his injuries. • On March 3, a Sikh man standing in his driveway in Kent, Wash., was shot in the
arm after a man allegedly yelled, “Go back to your own country!” • On March 20, a white man fatally stabbed Timothy “Hard Rock” Caughman, 66, in New York City. The killer told police that he was specifically targeting Black men. “We are alarmed at the growing number of hate-related crimes and threats of violence in our country,” the senators added. “It is important to remember that these statistics represent individual lives and each incident reverberates throughout our communities.” In 2015, the FBI recorded some 5,580
hate crimes, and in 2016, there were a record-breaking 139 incidents of violence against mosques in the United States. Besides Cantwell, Senators Ed Markey (D-MA), Kirsten Gillibrand (D-NY), Mazie Hirono (D-HI), Chris Van Hollen (D-MD), Amy Klobuchar (D-MN), Chris Murphy (D-CT), Ron Wyden (D-OR), Jeff Merkley (D-OR), Bob Casey, Jr. (D-PA), Dick Durbin (D-IL), Richard Blumenthal (D-CT), and Tammy Duckworth (D-IL) also signed the letter to Trump.
mayor continued. “In Seattle, the Department of Justice cannot change our consent decree unilaterally. Instead, our consent decree is firmly in the hands of the Hon. Judge James Robart, who has shown his commitment to reform from the very beginning and whose guidance we have followed throughout the reform process. Our monitor, our police chief, and our entire police department, our city council and city attorney, our community police commission, our community at large, and I will not step back from this work. “We have made tremendous progress and become a national leader on constitutional policing, while improving trust between our department and the community, thanks to the dedication of the men and women of the Seattle Police Department. Regardless of what announcements are
made by the Department of Justice, we look forward to announcing more of that progress in the coming days.” Robart, the U.S. district judge overseeing the reform of Seattle police, is the same judge who halted enforcement of Donald Trump’s Muslim immigration ban in February. Chief O’Toole said she also remains committed to the terms of Seattle’s consent decree. “The Seattle Police Department has established itself as a national leader in reform,” she said. “Over the past three years, we have implemented new trainings to greatly reduce use of force and enhanced accountability throughout our department,” O’Toole continued. “As we achieve compliance with the consent decree, our suc-
cess is a credit to our officers, and reflects real and measurable progress. We remain committed to constitutional and effective policing in our city.” Seattle’s consent decree – which required the city to begin a process of police reform and retraining – followed a 2011 Justice Department investigation that found a pattern and practice of racial bias and excessive use of force on the part of local police officers. Legislation to bring Seattle into full compliance with federal requirements is pending at the Seattle City Council, with a vote likely in May. Some members of Seattle’s Community Police Commission, although appointed by the mayor, have criticized the measure, saying it will not go far enough in mandating a transparent civilian complaint process.
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cannot punish LGBTQ parents because of their sexual orientation when making child custody decisions. The mother, Rachelle Black, married at 19 to a man. Seventeen years later, Rachelle came out as a lesbian. She filed for divorce in Pierce County, Washington. Despite the fact that Rachelle had been a stay-at-home parent to the couple’s three children for 15 years, the trial court gave primary custody to the father. The trial court also restricted Rachelle from discussing religion, homosexuality, or so-called “alternative lifestyle concepts” with the children. The trial court’s decision relied heavily on the recommendations of a guardian ad litem – the person appointed by the court to represent the best interests of the children – who repeatedly referred to Rachelle’s
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“These crimes and threats of violence are unacceptable and are contrary to America’s foundational values of tolerance, respect, and freedom of religion.” In response, the lawmakers ask for a task force that “would bring together faith leaders, community advocates, federal and local government agencies, law enforcement, and other relevant professionals to analyze the causes behind the rise in hate,
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a number of local police departments over charges of misconduct. If Sessions goes ahead with his plans, it could halt police reform in many American cities. At an April 4 press conference, Murray and Seattle Police Chief Kathleen O’Toole said Seattle would stick to the reform plan established under a 2012 consent decree. “Our progress under the Consent Decree cannot be undone by empty bureaucratic threats. Our police department is well into the process of reform and will continue this work,” Murray said. “We are too far along for President Trump to pull us away from justice,” the
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Seattle’s Lesbian and Gay Child Care Task Force – Image courtesy of facebook.com
Legal Voice is a progressive feminist organization using the power of the law to make positive change for women and girls in the Northwest. Legal Voice uses groundbreaking litigation, legislative advocacy, and community education to fight gender oppression and injustice in the legal system. More at www.legalvoice.org. Courtesy of Legal Voice
Lambda Legal calls on Senate to oppose Gorsuch’s nomination: “Judge Gorsuch’s refusal to correct his anti-LGBT record is disqualifying” On April 3 the Senate Judiciary Committee voted along party lines to send Judge Neil Gorsuch’s nomination for the Supreme Court to the full Senate for a vote. Lambda Legal opposes Judge Gorsuch’s nomination and urges the full Senate to vote “No.” “Judge Gorsuch’s vision of the law excludes LGBT people from the Constitution, treats religious beliefs as a free pass to discriminate, and views our equal dignity under the law as a subject for continued litigation,” said Rachel B. Tiven, CEO of Lambda Legal. “His dismissive, extremist take on LGBT rights is out of step with where we are as a country, and disqualifies him from serving on our nation’s highest court.” When questioned by Senator Al Franken (D-MN) whether marriage equality was
settled law Judge Gorsuch answered: “…It is absolutely settled law. There is ongoing litigation about its impact and application right now.” “Judge Gorsuch’s remark that marriage equality’s “impact and application” is in dispute is a dog-whistle to the religious extremists who funded his nomination,” Tiven added. “He wouldn’t answer whether he thinks cases concerning marriage equality, abortion, school desegregation, or the right to an attorney were correctly decided and final. He disdains the regulations that govern clean air, clean water, and safe food. His snide treatment of everyone from the trucker freezing to death by the side of the road to plaintiffs like ours, who count on the courts to see their humanity and funda-
mental equality, is startling. In short, this is not a person fit to rule on the lives of 315 million Americans,” Tiven said. Lambda Legal thanks Senate Judiciary members who voted “No” today: Senators Feinstein, Leahy, Whitehouse, Franken, Blumenthal, Durbin, Klobuchar, Coons and Hirono. When Judge Gorsuch’s nomination was announced in January, Lambda Legal took the unprecedented step of opposing his nomination, the first time that the organization has opposed a Supreme Court nomination before a confirmation hearing. The decision to oppose his nomination came after conducting detailed research on Judge Gorsuch’s record, which is available at http:// www.lambdalegal.org/blog/20170131_gorsuch-record
Lambda Legal, along with 21 other LGBT groups, sent a letter to leading members of the Senate Judiciary Committee expressing their opposition to Judge Gorsuch over his views on civil rights issues and concluded that he posed a significant threat to the LGBT community. Senator Chris Coons added the letter into the Congressional Record of the hearing. Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and everyone living with HIV through impact litigation, education and public policy work. Courtesy of Lambda Legal
LGBTQ candidates win historic election in Alaska; become only openly LGBTQ elected officials in the state; Illinois gains seven new LGBTQ elected officials in Election Day wins WASHINGTON, DC – Two Victory Fund endorsed candidates – Felix Rivera and Christopher Constant – won their races for Anchorage Assembly to become the only openly LGBTQ elected officials in Alaska. Tuesday’s wins are groundbreaking for Anchorage and the entire state, as both candidates faced numerous opponents and campaigned on their commitment to LGBTQ equality and social justice. “These historic wins in Anchorage will reverberate throughout the entire state of Alaska,” said Victory Fund President & CEO Aisha C. Moodie-Mills. “There are currently zero LGBTQ elected officials
serving in all of Alaska – so Felix and Alex will be much needed voices when they take office. We know that representation is power – and that LGBTQ elected officials humanize our lives and change political and policy debates. The wins for Felix and Christopher will lead to more inclusive legislation that benefits all residents of Anchorage.” Felix won with 47 percent of the vote despite a crowded field and one of his opponents sending homophobic mailers the weekend before the election. The election win makes him the first openly LGBTQ Latino person to win an election in Alaska.
Christopher, a long-serving LGBTQ activist in Alaska, faced five opponents and won with 52 percent of the vote. Both Felix and Christopher will be the first openly LGBTQ people to serve on the Assembly. In the contiguous states, four Victory Fund endorsed candidates won local races in Illinois. In Berwyn, three LGBTQ candidates won races: Margaret Paul for Town Clerk, and Jose Ramirez and Jeanine Reardon for the Board of Aldermen. Openly LGBTQ candidate Nick Kachiroubas won his election to become Town Clerk of Crystal Lake. Three additional LGBTQ candidates who did not apply for Victory Fund’s
endorsement also won their races in Berwyn. More information on Victory Fund endorsed candidates can be found on our website – https://victoryfund.org/
TITLE VII
“Hively represents the ultimate case of failure to conform to the female stereotype (at least as understood in a place such as modern America, which views heterosexuality as the norm and other forms of sexuality as exceptional): she is not heterosexual,” Chief Judge Diane Wood wrote in her majority opinion. “Our panel described the line between a gender nonconformity claim and one based on sexual orientation as gossamer-thin; we conclude that it does not exist at all. Hively’s claim is no different from the claims brought by women who were rejected for jobs in traditionally male workplaces, such as fire departments, construction, and policing. The employers in those cases were policing the boundaries of what jobs or behaviors they found acceptable for a woman (or in some cases, for a man).” The case is significant because federal civil rights laws do not explicitly protect
LGBT people. The Seventh Circuit’s reading of Title VII affords protections to the LGBT community for the first time. “In many cities and states across the country, Lesbian and Gay workers are being fired because of who they love. But, with this decision, federal law is catching up to public opinion: ninety percent of Americans already believe that LGBT employees should be valued for how well they do their jobs — not who they love or who they are. Now, through this case and others, that principle is backed up by the courts,” said Greg Nevins, Employment Fairness Program Director for Lambda Legal, which represented Hively. “This decision is a game-changer for Lesbian and Gay employees facing discrimination in the workplace and sends a clear message to employers: it is against the law to discriminate on the basis of sexual orientation.”
“I have been saying all this time that what happened to me wasn’t right and was illegal. Now I will have my day in court, thanks to this decision,” Hively said in a statement. “No one should be fired for being Lesbian, Gay, or Transgender like happened to me, and it’s incredibly powerful to know that the law now protects me and other LGBT workers.” In 2012, the Obama-era Equal Employment Opportunity Commission (EEOC) – the agency charged with enforcing federal civil rights laws affecting the workplace – determined that Title VII did, indeed, protect LGBT workers, but this interpretation is not embraced by the Trump administration. The Seventh Circuit decision may be appealed to the U.S. Supreme Court, and the high court would agree to hear the case if at least four of its justices wanted to do so.
continued from cover and plaintiff Kimberly Hively was entitled to federal civil rights protection. Hively charged that her employer, Ivy Tech Community College in South Bend, Ind., refused to put her on full-time and ultimately fired her because she is a Lesbian. Had she been a man with a girlfriend instead of a woman, she said, her employer would have had no problem with her. Therefore, she concluded, her case fell under Title VII’s prohibition against discrimination on account of sex. The three-judge panel that originally heard Hively’s case said the word “sex” in Title VII could not be construed to cover sexual orientation. The en banc court disagreed, however.
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The Gay & Lesbian Victory Fund works to change the face and voice of America’s politics and achieve equality for LGBTQ Americans by increasing the number of openly LGBTQ elected officials at all levels of government. victoryfund.org Courtesy of the Victory Fund
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Police rescue anti-Trans bus in Philadelphia by Mike Andrew SGN Staff Writer Philadelphia police intervened to rescue anti-Trans demonstrators in Philadelphia on April 1, when a bus they were riding in was surrounded by counter-protestors. The orange bus, bearing signs that read, “Boys are boys … and always will be” and “Girls are girls … and always will be,” was funded by the National Organization for Marriage (NOM) and other anti-LGBT groups. Their plan was to drive through major East Coast cities and display the antiTrans messaging. A group called CitizenGO, based in Madrid, Spain, organized the bus tours, claiming it is pushing back against policies that seek to accommodate Transgender people. The group is linked to conservative Catholics, and NOM’s Brian Brown serves on its board of trustees. In expectation of the bus’s arrival, the Philadelphia Office of LGBT Affairs along with LGBT community groups organized a “Pop-Up Love Party” at City Hall. According to the Associated Press, some 100 gath-
Protesters greeted the anti-Trans bus with Trans-positive messages – Photo by David L Ryan / Globe Staff
ered in support, and a light-blue, pink, and white-striped Trans Pride flag was hoisted on a flagpole at the end of the event. Just as speakers at the rally finished, the
bus turned the corner. “There it is!” someone shouted. Swarms of people then ran toward the bus. A person banged on a drum. Eggs were
thrown, hitting the bus. At least two smoke bombs were set off. City police then boarded the bus and gave the driver directions to the closest freeway heading out of town. The driver complied. According to the AP report, locals said that police intervened to rescue the bus from “anarchists.” The anti-Trans bus met with a similar reception in Boston on March 30. As it pulled up in front of the Massachusetts State House, more than two dozen protesters surrounded it holding signs and chanting, “No hate. No fear. Trans people are welcome here!” Boston Mayor Marty Walsh, surrounded by dozens of supporters, raised a flag recognizing the Transgender community after the bus briefly stopped in front of City Hall. CitizenGO launched its anti-Trans campaign in March in reaction to pro-Trans posters that began appearing in Spain with the message: “There are girls with penises and boys with vaginas. It’s that simple.”
Gay men being tortured and murdered in Chechen prisons by Shaun Knittel SGN Associate Editor Detainees in Chechen prisons allege that Gay men are being tortured and murdered within the facilities. Novaya Gazeta, an independent Russian newspaper, reported that detainees told them Chechen police rounded up more than 100 men suspected to be Gay and have killed at least three of them. According to the early April report, some detainees said the men were tortured and electrocuted while they were imprisoned, and others described seeing prisoners
beaten to death. Chechen President Ramzan Kadyrov’s spokesman denied the initial report, calling it “absolute lies.” In fact, the spokesman went on to say that there are no homosexuals in the Muslim-majority region. “You cannot detain and persecute people who simply do not exist in the republic.” The men who say they were detained for being Gay challenge the statement by the Chechen administration, saying they were beaten with sticks, were forced to sit on bottles, and had their hands electrocuted. One man (who did not want to be identified by name for fear of retaliation) said he
had been kept in a building where authorities were holding suspected militants who had fought in Syria and those who suspected of being in touch with jihadi fighters. “Several times a day we were taken out and beaten,” he said. “Their main aim was to find out your circle of contacts – in their minds if you are a suspect, then your circle of contacts are all gay. They kept our phones switched on. Any man who texts or calls is a new target.” The man told Novaya Gazeta that his abusers “always hit us below the waist – on the thighs, the buttocks, the loins. They said we were dogs who had no right to life.”
Another victim said one man had been arrested for possession of drugs. When authorities found pornography on his phone, they used his contacts list to “find other homosexuals.” According to Novaya Gazeta, some of the men caught were handed back to their families with the expectation that their family would perform an honor killing. The arrests allegedly began after Gay rights group GayRussia.ru applied for permits for Gay pride parades, which were denied. Kremlin-backed President Kadyrov administration is widely accused of extensive human rights violations.
US State Department calls on Russia to investigate murders of Gay men in Chechnya Over 100 said to be killed by Mike Andrew SGN Staff Writer The US State Department has called on Russia to investigate reports that police in Chechnya have arrested, tortured, or murdered more than 100 Gay men in the past few weeks. The reports first surfaced on April 1 when New York Times reporter Andrew Kramer wrote, “Over the past week, men ranging in age from 16 to 50 have disappeared from the streets of Chechnya.” Kramer’s source was the Russian opposition newspaper Novaya Gazeta. On April 4, the stories were confirmed by Human Rights Watch, an international watchdog group. “The information published by Novaya Gazeta is consistent with the reports Human Rights Watch recently received from numerous trusted sources, including sources on the ground,” the group said in a statement. “The number of sources and the consistency of the stories leaves us with no doubt that these devastating developments have indeed occurred. LGBT Network in Russia opened a special hotline to provide emergency support to those who find themselves
in immediate danger.” All sources said that Chechen police were involved in the attacks. After an unsuccessful attempt to secede from Russia and two wars with its much larger neighbor (1991-1996 and 1999-2000), Chechnya is now ruled by what is considered a puppet government allied with the Putin regime in Moscow. Consequently, the State Department addressed itself to the Russian government. “We urge the Russian government to conduct an independent and credible investigation into the alleged killings and mass arrests, and hold the perpetrators responsible,” an unnamed State Department official said in a statement. “We were likewise deeply disturbed by local authorities’ statements that apparently condone and even incite violence against LGBTI persons. We are very concerned by the widespread discrimination and violence against LGBTI persons in Russia or any society. We call on the Russian government to protect all people from discrimination and violence, and allow the free exercise of the freedoms of expression, association, peaceful assembly, and religion or belief.” A statement from an unnamed official –
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rather than one attributed to the Secretary of State or one of his deputies – implies that the US government gives the matter at hand something less than top-level importance. Secretary of State Rex Tillerson is scheduled to visit Moscow on April 11 and 12. The State Department declined to say if he will bring up LGBT issues during his visit. Russian LGBT rights activists, meanwhile, said that any international attention would be helpful. Svetlana Zakharova of the Russia LGBT Network told BuzzFeed News that international pressure is necessary to get a response from Russian authorities. “We believe that all kinds of international pressure is beneficial now, including diplomatic pressure,” Zakharova said. “The main hope is that killings, tortures, and kidnappings will stop and will be investigated properly by the responsible authorities.” Chechen authorities flatly denied any involvement in the killings. “You cannot arrest or repress people who just don’t exist in the republic,” Chechen government spokesperson Alvi Karimov told the Interfax news agency. “If such people existed in Chechnya, law enforcement would not have to worry about them, as their own relatives would
have sent them to where they could never return,” Karimov added. Russian government spokesperson Dmitry Peskov said that the Putin government was not aware of the situation but that law enforcement authorities would look into the media reports. Peskov also suggested that people who are abused by law enforcement officials should “file official complaints” and “go to court” to resolve their problems. According to Novaya Gazeta, the killings began when GayRussia.ru – a Moscow-based LGBT group – applied for permits to hold Pride parades in a number of cities in Russia’s North Caucasus region, which includes Chechnya. “In Chechnya, the command was given for a ‘prophylactic sweep,’ and it went as far as real murders,” Novaya Gazeta reported. According to the report, the authorities set out to find and arrest closeted gay men, often by posing as men looking for dates on social networking sites. “Of course, none of these people in any way demonstrated their sexual orientation publicly – in the Caucasus, this is equal to a death sentence,” the newspaper wrote of those detained in the sweep.
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Ophelia is a lively 1-year-old brown and white tabby girl who will impress you with her playful, rambunctious side! Ophelia is a kitty who needs an experienced adopter who can read her signals. She is an intellectual level 3 on our behavior scale – meaning she can sometimes be unpredictable – so talk to the adoption staff about understanding and her needs. Ophelia is ready to meet her new best friends today at Seattle Humane! Come talk to adoption staff about meeting her—you’ll be glad you did! As with all of our cats, Ophelia is spayed, micro-chipped and vaccinated. All of our cats have been tested for Feline Leukemia/FIV and go home with a certificate for an examination by a King County veterinarian and their very own identification tag and collar. PLUS, most cat adoptions include 30 days of pet insurance from Trupanion - a great way to start off on the right paw! Love is Positive | All April We are waiving all adoption fees throughout the month of April for any cat diagnosed with Feline Leukemia (FeLV). While many shelters have to euthanize these cats due to lack of resources, Seattle Humane extends life-saving efforts to include the adoption of FeLV+ cats. These felines can live happily and comfortably as fabulous companions for months to years – just like any other cat. Choose to adopt a FeLV+ cat and offer love for as long as possible.
16 Seattle Gay News
April 7, 2017
Celebrating 41 Years!
Irish nationalists demand marriage equality for Northern Ireland by Mike Andrew SGN Staff Writer Sinn Féin, the Irish nationalist party, has included demands for marriage equality as part of a potential power-sharing deal in Northern Ireland. The 1998 Good Friday Agreement that ended decades of civil war in Northern Ireland set up a broad coalition of nationalist and unionist parties – the nationalists favoring reunification of Ireland and the unionists wanting the North to remain part of the United Kingdom. The power sharing agreement required both sides to participate in the government and to negotiate a common legislative agenda, but allowed each to effectively veto any proposal by filing a so-called “petition of concern” stating that it felt its rights were being violated. The anti-Gay DUP (Democratic Unionist Party) used petitions of concern repeatedly to block marriage equality bills from passing Northern Ireland’s parliament, with the result that Northern Ireland is now the only part of the United Kingdom that does not allow same-sex marriage. Sinn Féin, on the other hand, has explicitly endorsed marriage equality since 2013. The Irish Republic, which Sinn Féin wishes the North to join, endorsed same-sex marriages in a referendum in 2015. Sinn Féin is in good shape to push its
Sinn Féin President Gerry Adams – Photo courtesy of highlandradio.com
demands. In elections held earlier this month, DUP lost seats in parliament after its previous government collapsed in a corruption scandal. While the DUP remains the largest party, and will head up any future government, it will rule with a reduced majority. Under the Good Friday Agreement, second-largest party Sinn Féin is required to form a new power-sharing government
with the DUP – but the two parties failed to reach a deal by the deadline on March 26. The talks collapsed after Sinn Féin set out a number of demands, including progress on equal marriage. The nationalist party charges that the DUP refused to budge on the issue. “The DUP’s approach thus far has been to engage in a minimalist way on all of the key issues, including legacy issues – an
Irish-language act, a bill of rights and marriage equality,” Sinn Féin President Gerry Adams said. “They have been reinforced in this by the British government’s stance. This is unacceptable and a matter of grave concern.” Speaking at a March 27 press conference today after the collapse of talks, Sinn Féin member of parliament Michelle O’Neill said that “the DUP maintained their position in relation to blocking equality and delivering equality for citizens. That is a problem. “We, over the course of today, have a range of meetings with the other parties. We continue to engage. We do need to make the institutions work, but they can only work on the basis of equality, respect and integrity at their course.” The DUP, in response, reaffirmed that it will continue to block progress toward marriage equality in the North. The United Kingdom’s Secretary of State for Northern Ireland, James Brokenshire, said the impasse was “extremely disappointing.” “We now have a short window of opportunity to resolve outstanding issues and for an Executive to be formed,” he added. “Everyone owes it to the people of Northern Ireland to grasp that and provide the political leadership and the stability they want.”
Dutch men hold hands in solidarity with beaten Gay couple by Shaun Knittel SGN Associate Editor In a simple – yet true – act of solidarity, same-sex couples and allies from across the Netherlands held hands this week to protest the beating of two Gay men. The attack is said to have shaken the nation, because the Dutch have long prided themselves on their tolerance. The beating took place in Arnhem, in one of the world’s most welcoming nations
for same-sex couples. Arnhem’s mayor conducted the world’s first legal Gay marriage in 2001. On Wednesday evening hundreds of people walked hand in hand through the streets of Amsterdam to express solidarity with the victims of the beating, which occurred in the early hours of Sunday. Dutch police officials said the men told officers they were verbally abused by a group of youths because they were walking hand in hand over a bridge. In the confron-
tation that followed, both men were injured, and one had his front teeth smashed out. “I find it really absurd, unbelievable, and this is feeling like we are going backwards,” said Sjag Kozak, an Israeli who married his husband in Amsterdam and has lived in the freewheeling Dutch capital for 21 years. “So that’s why we’re here: to make a statement to let people know that we are moving forward and not going backwards.” A well-known magazine publisher and journalist, Barbara Barend, is credited for
organizing the action when she appealed on Twitter: “Can all men (hetero and homo) please just walk hand in hand this week...” That sparked the viral hashtag “#allemannenhandinhand” (all men hand in hand), with everybody from the Dutch deputy prime minister and finance minister to sports stars and TV personalities posting pictures of themselves holding hands.
Discrimination against LGBT people could cost Indonesia almost twelve billion US dollars a year LOS ANGELES – Discrimination against lesbian, gay, bisexual, and transgender (LGBT) Indonesians in workplaces, schools, and social opportunities is pervasive and will limit their ability to fully contribute to the Indonesian economy. A new study shows that the cost of discrimination to the Indonesian economy could range from nearly $900 million to $12 billion US dollars. In LGBT Exclusion in Indonesia and Its Economic Effects, researchers M.V. Lee Badgett, Amira Hasenbush, and Winston Ekaprasetia Luhur examine the evidence that discrimination occurs against LGBT people, and the study shows how that treatment can hold back economic growth in Indonesia. Key findings from the report include: • Waria (an Indonesian term for trans-
gender women and effeminate men) face many barriers because they violate cultural rules about gender. Waria are often unable to get work, stay in school, or open a bank account because the gender listed on their identification cards does not match their gender presentation. • LGBT people and those perceived as LGBT report high levels of harassment in school, which may reduce educational attainment and reduce economic productivity later in life. • In some regions, LGBT people rely heavily on work in the informal employment sector, particularly sex work and jobs in salons. • Studies of LGBT Indonesians show that most have experienced violence, resulting in increased economic burdens. • Stress associated with prejudice produces higher rates of depression and sui-
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cide, impairing economic productivity. M.V. Lee Badgett, an economist who has conducted similar studies in other parts of the world, notes, “To reach their full economic potential, LGBT people need to develop their human capital, or their abilities, skills, and knowledge. This report shows that LGBT Indonesians are often held back from reaching that point, which prevents them from contributing fully to the economy.” Badgett compares the Indonesian economy to that of India where similar research has been completed. “The data in Indonesia is somewhat limited,” Badgett said. “If we draw on research from India, we would estimate that the loss resulting from LGBT exclusion in Indonesia would be from 0.1 percent to 1.4 percent of gross domestic product (GDP), or $862 million to $12 bil-
April 7, 2017
lion.” The report shows that public attitudes in Indonesia are far less accepting of homosexuality than attitudes in India, so this estimate of Indonesia’s estimated financial loss is considered conservative. The findings of LGBT Exclusion in Indonesia and Its Economic Effects rely on an extensive review of peer-reviewed literature as well as documentation from governments, intergovernmental organizations, and non-government organizations. The Williams Institute, a think tank on sexual orientation and gender identity law and public policy, is dedicated to conducting rigorous, independent research with real-world relevance. Courtesy of the Williams Institute
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