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Seattle Gay News SEATTLE’S LGBT NEWS & ENTERTAINMENT WEEKLY
Utah asks SCOTUS to take marriage case Court will take up marriage soon, Justice Ginsberg predicts Utah Attorney General Sean Reyes
Utah Attorney General Sean Reyes
by Mike Andrew SGN Staff Writer Utah Attorney General Sean Reyes filed an appeal on August 5, asking the U.S. Supreme Court to hear Kitchen v. Herbert, a suit challenging Utah’s ban on same-sex marriages. In June, the Tenth Circuit Court of Appeals upheld a lower federal court decision in that case striking down Utah’s marriage law.
Meanwhile, Supreme Court Justice Ruth Bader Ginsberg told The Associated Press that she believes the high court will take up the issues of state bans on same-sex marriage. In December last year, the Supreme Court struck down DOMA, the prohibition on federal recognition of Gay and Lesbian marriages, but their decision was narrowly written to avoid taking a position on state laws against same-sex marriage.
Since then, 17 federal district courts, and three appeals courts have ruled in favor of marriage equality, but Utah officials insist they will defend their state’s laws all the way to the Supreme Court if necessary. “My responsibility is to defend the State Constitution and its amendments as Utah citizens have enacted them,” Utah Attorney General Sean Reyes said in a statement. “We recognize this litigation has caused uncertainty and disruption and have accordingly tried to expedite its resolution as quickly as possible by filing our petition a full month-and-a-half before its September 23rd due date.” Utah’s 212-page appeal alleges that the Tenth Circuit decision deprives “Utah citizens of the ‘fundamental right’ to act through a lawful electoral process ... and ignores that the Constitution says nothing about how states must define marriage… “It comes down to this: thousands of couples are unconstitutionally being denied the right to marry, or millions of voters are being disenfranchised of their vote to define marriage,” the Utah appeal claims. Attorneys for the plaintiffs in the Utah case said that the state’s right to define marriage cannot trump same-sex couples’ rights to marry. “We respect the state’s right to seek review of its own law in the highest court in the land, but
we also respectfully, and vehemently, disagree with the notion that states can deny one of the most foundational rights to the millions of same-sex couples living across this great land,” attorney Peggy Tomsic said in a statement. “We will carefully review the State’s petition to determine the response that will best advance our goal of winning for all Utahans the freedom to marry the person they love, and to have their marriages treated the same as other couples’ marriages,” said plaintiff co-council Shannon Minter, legal director of the National Center for Lesbian Rights. Ginsberg: SCOTUS will hear a marriage case Freedom to Marry hoped that Utah’s appeal would lead to a quick Supreme Court decision that established marriage equality as the law of the land. “Today’s filing in the Utah case paves the way for the U.S. Supreme Court to take up a marriage case later this year and bring national resolution on marriage once and for all,” the group said in a statement. “Every day, hundreds of thousands of samesex couples and their children are suffering the tangible harms of not being free to marry. The see SCOTUS page 8
Chattanooga voters repeal civil Summary of same-sex marriage rights for LGBT city employees cases before appeals court as well as partner benefits NewYorker.com
WASHINGTON – Preliminary results from Chattanooga, Tennessee indicate that the city’s residents have voted to repeal a city ordinance that extended essential non-discrimination protections to the city’s LGBT employees, as well as partner benefits for those who have same-sex spouses. The deeply disappointing result comes after a hard-fought campaign by a coalition of local, state and national Lesbian, Gay, Bisexual and Transgender (LGBT) organizations to defend the measure. The Human Rights Campaign (HRC), the nation’s largest LGBT civil rights organization, committed staff and financial support to the campaign to uphold the measure. That effort succeeded in building a broad and engaged pro-LGBT coalition in Tennessee, which will continue to push forward with efforts to expand equality across the state. In response to the news, HRC’s Deputy Field Director Jeremy Pittman released the following statement: “Despite this hurtful and disappointing result tonight, we know that fair-minded Chattanoogans
and people across Tennessee are ready to keep fighting until full equality reaches every corner of the state and every corner of this country. As LGBT equality moves forward across this country, this work isn’t over until every American can expect the same decent treatment under the law.” The Chattanooga City Council first passed the ordinance in November of 2013 by a 5-3 vote. HRC, our statewide ally the Tennessee Equality Project, and other LGBT groups stood with Mayor Andy Berke and others to support the measure. Unfortunately, opponents of the measure secured sufficient signatures to put it on the ballot earlier this year. The Human Rights Campaign is America’s largest civil rights organization working to achieve Lesbian, Gay, Bisexual and Transgender equality. By inspiring and engaging all Americans, HRC strives to end discrimination against LGBT citizens and realize a nation that achieves fundamental fairness and equality for all.
Marriage Equality Rally in Washington DC
by Shaun Knittel SGN Associate Editor
On August 6, three Cincinnatibased 6th U.S. Circuit Court of Appeals judges heard arguments in six Gay marriage fights from Ohio, Michigan, Kentucky and TennesCourtesy of the Human Rights see, setting the stage for one ruling. Campaign Each case deals with whether
statewide same-sex marriage bans In July, a federal judge agreed violate the Constitution. with three couples, striking down the state’s ban on recognizing outSeattle Gay News takes a look at of-state marriages. That ruling is each case: on hold pending appeal. Greg Bourke and Michael DeLeKENTUCKY on, one of the couples listed in the Kentucky has two cases by cou- lawsuit, said that if they win, their ples seeking to have their marriagsee Summary page 8 es recognized by the state.
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From paper to practice by Mark Segal Philadelphia Gay News Who would have thought that a broken arm would lead anyone to appreciate marriage equality? About a month ago, my partner of 10 years, Jason, and I were married. At the time, like many longtime partners we thought – more likely I thought – it’s just a piece of paper. We’ll get married and go on living like before. Then, while on a motor scooter – something that Jason advised me against – I was in an accident that broke my arm and required surgery. First up was the police report. Was I married? Then the ambulance medical team and their paperwork. Then the numerous doctors and clinics I had to go to to be cleared for surgery. The EKG, lab workup
and physical – all of which had forms and all of which had that box to check: married. But it was the day of the surgery that it really became apparent. Doing the paperwork I again checked married, and then added next of kin and who was responsible for my medical decisions during the procedure if needed, which made me aware of how oppressive the refusal of marriage recognition really is. Since there was no expectation of a longtime marriage with its legal hold, many of us had always listed our friends in that box. Then Jason made it even more apparent to me when he insisted that he was taking me to the procedure, and taking off work to care for me. It was his duty and I should just expect it. But the best was when I was taken back to be prepped for surgery. At first I was led alone, then when the nurse became aware that Jason was my spouse – I really like this
– she said, “Oh, he’s family.” Then in a loud voice, “your husband.” Then she explained that family was allowed to be in the prep room. She went out and grabbed Jason and proudly stated, as she marched him back to my temporary room, “He’s his husband, and family is allowed here in prep.” She went on to tell us about her 90-year-old Gay uncle. So, marriage is more than a piece of paper and I’m learning that each day. And this is one lesson that is one of the most joyous I’ve ever had. By the way, please don’t give me a pop quiz just yet– I’m still learning. Mark Segal, PGN publisher, is the nation’s most-award-winning commentator in LGBT media. You can follow him on Facebook at www.facebook.com/MarkSegalPGN or Twitter at https://twitter.com/PhilaGayNews. www.epgn.com.
AFL-CIO calls for humane treatment of refugee children To the SGN from Pride at Work AFL-CIO:
On July 15, AFL-CIO President Richard Trumka issued a statement on the thousands of refugee children fleeing violence and political corruption in their Central American countries. In contrast to calls by Republicans for militarization of the U.S. border with Mexico and immediate deportation of the children, regardless of the situation in their home countries, Trumka called for “full due process” and a commitment of resources “to ensure the well-being and fair treatment of children and refugees.” The AFL-CIO has endorsed comprehensive immigration reform with a pathway to U.S. citizenship for foreign-born workers and their families. Pride At Work is an LGBT labor group affiliated with the AFL-CIO AFL-CIO President Richard Trumka Statement on the Humanitarian Crisis of Unaccompanied Children:
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“The humanitarian crisis of families and children fleeing violence in Central America and turning themselves in to U.S. Border Patrol agents has brought out both the best and the worst in our nation. “Alarmingly, in places like Murrieta, California and Vassar, Michigan, we have seen ugly reminders of racism and hatred directed toward children. The spewing of nativist venom, the taking up of arms and the fearmongering about crime and disease harken back to dark periods in our history and have no business taking place under the banner of our flag. “On the other hand, around the country we have also seen a tremendous outpouring of compassion and concern for the plight of these women and children. We are proud to say that local unions have joined with faith and community groups to collect needed supplies, provide shelter and support, and call for humane treatment. “The situation along the border is a refugee crisis that requires a humane, lawful response and must not be politicized. The labor movement calls upon national and
community leaders to respond to the crisis in a manner that meets our obligations under U.S. and international law, and comports with basic human rights and American values. This means ensuring full due process and providing the additional resources necessary to ensure the well-being and fair treatment of children and refugees. It also requires taking an honest assessment of the root causes of the crisis, including the long-term impact of U.S. policies on immigration, trade, and foreign affairs. “We cannot lend credibility to Republican assertions that a refugee crisis is proof that we should continue to deport hard working people who have been contributing members of our society for years. These are simply new excuses to justify failed policies. Lifting the pressure on immigrant workers was needed before the child refugee story developed, and it is no less urgent today. The Administration must act now to keep all families together, uphold our standards as a humanitarian nation, and advance the decent work agenda necessary to improve conditions both at home and abroad.”
Celebrating 41 Years!
by Mike Andrew SGN Staff Writer The initial vote count from the August 5 primary election shows human rights activist Pramila Jayapal far ahead in the race to fill the 37th District Senate seat being vacated by Adam Kline. Jayapal, the founder and former executive director of the immigrant rights group One America was endorsed by SGN, SEAMEC, and many unions and progressive community organizations. Winning 51% of the vote in a field of six candidates, she appears to go to the November election as an almost sure bet to beat her opponent, Louis Watanabe, who finished second with only 17% of the vote. The 37th District runs south from Madison Street to take in most of the Central Area, Rainier Valley, Rainier Beach, and Renton. It is said to be the state’s most diverse legislative district. LGBT candidates look like winners All the LGBT candidates led their races by comfortable margins. In the 21st District, Democratic Senator Marko Liias took almost 56% of the vote against a single Republican challenger, Dan
Matthews. The two will reprise the race in November with Liias looking like a good bet to win. Representative Laurie Jinkins (D-27) ran up a whopping 67.67% of the vote in her Tacoma House race against two opponents, and will face Republican Rodger Deskins in November. In Capitol Hill’s 43rd District, Senator Jamie Pedersen and Representative Brady Walkinshaw were unopposed. Their names will also appear on the November ballot as a formality. Walkinshaw was appointed to fill Pedersen’s House seat when Pedersen moved into the Senate spot vacated by Ed Murray when Murray was elected Mayor of Seattle last year. In the 48th District, former Kirkland Mayor Joan McBride won nearly 70% of the vote against Libertarian candidate Tim Turner. Republicans did not field a candidate in the election, and McBride and Turner will face off again on the November ballot, likely with a similar result. Representative Jim Moeller (D-49) also goes to the November ballot with a comfortable margin of victory, winning 55.68% against two Republican challengers. He will face Lisa Ross in the November general election.
Gender Odyssey and Gender Odyssey Family conferences coming up next weekend Many FREE community events scheduled Seattle’s annual Gender Odyssey conference and Gender Odyssey Family conference begins Thursday, August 14, and continues through Sunday, August 17. Gender Odyssey is a conference focused on the needs and interests of Transgender and Gender-nonconforming people. Gender Odyssey Family is a conference for families who are navigating the day-to-day realities of raising a Gender-nonconforming or Transgender child. The two conferences run in tandem August 15-17 from 8:30 a.m. to 5:30 p.m. daily at the Washington State Convention Center (WSCC) (8th Ave. & Pike St.) on the 6th Floor. Register at the door. (See website for full weekend conference fees: $210-$280 sliding scale. Single-day passes will also be available.) The conference weekend begins on August 14 with an Opening Party from 6-10 p.m., at The Garage on Broadway (1130 Broadway, between E. Madison and E. Union Sts.). The venue includes bowling, billiards and a full service menu. The Opening Party is FREE and open to the community. On August 15, Gender Odyssey hosts the following FREE events, including a keynote address by Aidan Key, founder and direc-
tor of Gender Odyssey, at 4:50 p.m., and the Genderrevolution: Art Reception and Cocktail Party from 7-10 p.m., both at the WSCC. There will also be a Genderqueer reception at 7 p.m. at Kaladi Bros. Coffee (517 E. Pike St.) and a Teen Social from 7:30-9:30 p.m. at the Kaladi Bros. Coffee/Calamus Auditorium at Gay City (517 E. Pike St.) On August 16, Gender Odyssey hosts the following FREE events at the WSCC, including a Gender Personal arts workshop presented by artist Jacqui Beck at 12:45 p.m. (www.genderpersonal.org), a screening of Boy Meets Girl at 2:25 p.m., and a keynote address by Eli Vasquez at 4:10 p.m. On August 17, Gender Odyssey hosts the following FREE events: Gender Revolutionaries: Non-binary Film Shorts at 10:40 a.m. at WSCC, and Wind-down Party from 4:307 p.m. at Kaladi Bros. Coffee/Calamus Auditorium at Gay City (517 E. Pike St.). All FREE events are open to the community. For complete information on the Gender Odyssey and Gender Odyssey Family conferences, visit www.genderodyssey.org.
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Primary election wrap-up: Pramila Jayapal has huge lead for 37th District Senate; all LGBT candidates ahead
Pramila Jayapal
Frank Chopp crushes challenger House Speaker Frank Chopp ran up a 60-point lead against Socialist Alternative challenger Jess Spear in his 43rd District race. Chopp took 81% of the vote to Spear’s 19%. The two will go to the November ballot, but there seems little hope that Spear can pull off an upset. Spear was the campaign manager for City Council member Kshama Sawant’s successful 15 Now minimum wage campaign, but she failed to live up to the hype that attended her candidacy. In fact, Spear underperformed, compared to Sawant’s 2012 write-in campaign against Chopp. In that contest, Sawant took almost 29% of the vote, to Chopp’s 71%.
Democrat Irene Bowling, and only slightly ahead of Republican Travis Couture. Bowling has somewhat more than 35% of the vote, Sheldon 33%, and Couture 32%. On the other hand, Republicans will likely win the seat held by retiring Democratic Senator Tracy Eide in the 30th District. Notoriously anti-Gay Democrat-turnedRepublican Mark Miloscia won more than 57% of the vote against progressive Democrat Shari Song. In the 45th District, incumbent Republican Andy Hill beat Democratic challenger Matt Isenhower by 54% to 46%. Like the Senate races above, this is considered a must-win for Democrats if they are to retake control of the Senate.
Who will control the state Senate? The primary results offer only a slim hope that Democrats can recapture control of the state Senate and break the deadlock between a Democratic House and a Republicandominated Senate. Democrats will almost certainly pick up the 48th District Senate seat once held by Rodney Tom, the Republican-turnedDemocrat who then turned Democrat-whovotes-with-Republicans. Tom dropped out of the race for “personal reasons” after Joan McBride filed to challenge him. She then switched to run for a House seat, allowing sitting House member Cyrus Habib to run for the Senate. Habib scored more than 63% of the vote against Republican candidate Michelle Darnell, and is the probable winner in November. In the 35th District, the other Democrat who defected to the Republican caucus, Tim Sheldon, is in the fight of his political life. Sheldon is currently running second to
Seattle likes parks – and its congressmen In other election news, Seattle Prop 1, which would create a Seattle Parks District and a dedicated funding stream to maintain city parks, was winning 52.39% to 47.61%. Seattle Congressmen Jim McDermott (D7) and Adam Smith (D-9) ran well ahead of their opponents. McDermott leads secondplace Republican challenger Craig Keller by 76% to less than 10%. Smith leads Republican Doug Basler by 63% to 28%. In the 1st Congressional District north of Seattle, incumbent Democrat Susan DelBene won 51% in a seven-candidate field, with second place finisher, Republican Robert Sutherland getting less than 16% of the vote. On the Eastside, Dave Reichert got the benefit of his redistricted – and now much more Republican – 8th Congressional District, winning 62% of the vote. He will face Democrat Jason Ritchie in November.
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Courtesy of Gender Odyssey
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Two judges agree: Florida must recognize same-sex marriages Two more Florida judges have declared the state’s ban on same-sex marriage unconstitutional. One ruled on August 4 that the state must recognize same-sex marriages conducted in other jurisdictions and accord same-sex spouses the same rights as those enjoyed by opposite-sex married couples. The next day, a second Florida judge said the state cannot prevent a man from inheriting his same-sex partner’s estate. Florida Circuit Judge Dale Cohen said on August 4 that the state must recognize same-sex marriages conducted in other jurisdictions. Ironically, the ruling came in a divorce case. Heather Brassner and Megan Lade were joined in a civil union in Vermont in 2002. The couple later broke up, and Lade disappeared, according to Brassner’s attorney. Brassner filed for divorce last year, but in the past Florida judges have refused to grant divorces to same-sex couples, saying they cannot dissolve a marriage that the state does not recognize. A ban on same-sex marriage was enacted after a 2008 statewide referendum in which 62% of the electorate voted for a state constitutional amendment restricting marriage to one man and one woman. Brassner asked Cohen to declare the state’s ban unconstitutional. In her brief, Brassner’s
attorney, Nancy Brodzki, cited Loving v. Virginia, the landmark U.S. Supreme Court case that struck down Virginia’s ban on interracial marriage. She said Florida’s ban on same-sex marriage is a violation of the U.S. Constitution’s guarantee of equal protection and due process for all citizens. Cohen agreed, authorizing the divorce, and also ordering Broward County clerks to begin issuing marriage licenses to same-sex couples. Cohen thus became the third Florida judge to order state officials to issue marriage licenses to Gay and Lesbian couples. On July 17 a judge in Monroe County was the first, followed on July 25 by a Miami-Dade judge. On August 5, Florida Circuit Judge Diana Lewis also found that the state must recognize out-of-state Gay marriages for the purposes of inheritance. Plaintiff W. Jason Simpson married his late spouse in another state and sought to inherit his estate, just as an opposite sex spouse would. Lewis ruled that state law barring recognition of the marriage is unconstitutional, and ruled that Simpson cannot be blocked from claiming the estate. Lewis said her ruling only applied to Simpson and his partner’s estate. The three other rulings have been stayed pending appeal by Florida Attorney General Pam Bondi, an opponent of marriage equality. Bondi has already appealed the Monroe and
by Mike Andrew SGN Staff Writer
Heather Brassner
Miami-Dade decisions and is expected to appeal the Broward one as well. For now, the decisions only apply to the counties in which they were issued. The next step is for Florida’s 3rd Circuit Court of Appeals to review the Monroe and Miami-Dade rulings. Plaintiffs in both cases have moved to consolidate their cases and filed a motion seeking review directly by the Florida Supreme Court. Florida LGBT activists celebrated their third win.
“Every win in court brings us closer than we’ve ever been to the freedom to marry in Florida,” said Nadine Smith, CEO of Equality Florida. “We look forward to the day when all loving, committed couples and their families enjoy the same protections, opportunities and responsibilities of marriage under the law. Every passing day inflicts real hardships on families who are denied the legal protection and dignity that marriage equality provides.”
Wage gap for Gay men decreasing, new study says Lisa S. / Shutterstock
in July, and some Gay men are now earning more that their straight counterparts. A study published in the Kyklos International Review for Social Sciences finds that “in the United States the wage gap against Gay men has significantly decreased over the last two decades. We also find evidence that the wage gap has become concentrated in three occupations: managerial, sales, and protective services.” The study finds that unmarried Gay men over 25 who work “blue-collar, male-dominated occupations” and live with their male partners earn on average more than unmarried straight men living with their girl friends. The wage gap between married straight and Gay men has shrunk too, falling from just below 8% in the 1990s to just 4.5% in the early 2000s. “These estimates support the view that the overall improvement in people’s perception regarding homosexuality has contributed to reduce the wage gap against gay men in the U.S.,” economists Bruce Elmslie and Edinaldo Tebaldi wrote in their findings. Elmsie and Tebaldi attribute the shift to an “overall improvement in people’s perception regarding homosexuality,” but warn that their findings should not be interpreted as saying no more needs to be done to bring Gay men’s wages into line with straight men. Gay men in sales-oriented and managerial The wage gap between Gay men and occupations, for example, continue to make straight men in similar occupations is de- anywhere from 11-16% less than straight creasing, according to a new study released men, and Gay men in rural areas and small
by Mike Andrew SGN Staff Writer
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towns saw significantly lower earnings regardless of their type of work. For their conclusions, Elmslie and Tebaldi used data covering the years 1995-2001 from the March Supplement Current Population Survey, which is conducted by the U.S. Census Bureau. They identified Gay couples by restricting their study to “unrelated and unmarried same-sex partners cohabiting whose age is 25 years or older…but excluding those individuals designated as roommates,” they said. The new study runs counter to long-established findings that Gay men earn significantly less than their straight counterparts. For example, in data published last year, the Williams Institute at UCLA Law School found that Gay men earn between 10% and 32% less than “similarly qualified” straight men. In other words, Gay men earn 68 to 90 cents for every dollar a straight man earns. Williams Institute also found that 21% of Gay men reported discrimination in “hiring, pay, or promotions.” Gay men also tend to be concentrated in low-wage, low-benefit occupations – retail, hospitality, food service, and other kinds of service occupations – so the gap between their wages and those of their straight counterparts puts them even lower on the economic ladder. Studies find very little wage gap between Lesbians and straight women in similar occupations, but women as a whole earn less than similarly qualified men.
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Advocates for same-sex marriage in July
SCOTUS
continued from cover sting of discrimination and the crazy quilt of marriage laws are not just wrong but unconstitutional. The momentum is clear, the hardships of denial are real, and the country is ready for the High Court to act.” The Supreme Court is not obligated to hear any appeal, but in an interview unrelated to the Utah case, Justice Ruth Bader Ginsberg told Mark Sherman of The Associated Press that she believes the Supreme Court will indeed hear a marriage case soon. “I think the court will not do what they did in the old days when they continually ducked the issue of miscegenation,” Ginsburg said. “If a case is properly before the court, they will take it.” Ginsberg was referring to Loving v. Virginia, the 1967 decision in which the Supreme Court invalidated laws against interracial marriages. The high court avoided taking a case on the issue until most states had already repealed their laws on the subject. Loving has also been cited by several federal judges as a precedent for overturning unconstitutional state restrictions on the freedom to marry a spouse of someone’s own choice. The Ginsberg interview took place before Reyes filed Utah’s appeal to the Supreme Court, and the Justice did not discuss any pending cases, so she clearly is not saying that the high court will or should accept the Utah case. The key phrase in Ginsberg’s statement is “properly before the court.” In the Prop 8 case it heard last December,
the court allowed a Ninth Circuit ruling striking down Prop 8 to stand because, the justices said, the groups pursuing the appeal had no standing to defend the law after California state officials declined to do so. Similarly, on August 5, Justice Alito declined to intervene on behalf of a Pennsylvania county clerk and stay a lower court ruling striking that state’s marriage ban, after state officials decided not to file an appeal. Utah’s appeal, on the other hand, is likely to be “properly before the court” because the state’s governor and attorney general want to keep the ban on same-sex marriage. Does SCOTUS need to take the case? One question for both the Supreme Court and marriage equality advocates: Does the high court even need to take up the issue? Same-sex marriage is now legal in all of the states under the jurisdictions of the First, Second, and Third Circuit Courts of Appeal, either because of court orders, through legislation, or because of ballot measures. The Fourth, Ninth, and Tenth Circuit Courts have all issued pro-equality rulings. On August 6, the Sixth Circuit Court will hear marriage cases from every state in its jurisdiction. That means that out of 11 appeals courts, only the Fifth, Seventh, Eighth, and Eleventh will not have ruled on marriage by the end of the week, and there are active lawsuits in each of those jurisdictions. Therefore it is entirely possible that a nationwide legal consensus will develop without getting the Supreme Court involved.
Summary
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on their husbands’ death certificates and for their spouses to be listed as having been married. A federal judge ruled in their favor. However, Jim Obergefell, one of the surviving spouses, said that he’s fearful the 6th Circuit will overturn the ruling and that Ohio will change the death certificate to list his husband, John Arthur, as single. “It scares the daylights out of me to think that the state could come back and wipe that off John’s death certificate,” Obergefell said. “The last legal record of his life would be wrong, and it’d be a slap in the face.”
first move will be to get Bourke listed as the legal parent of their two children. Currently, Kentucky recognizes only DeLeon as their parent, since the couple’s 2004 marriage in Canada is not recognized by the state. In the other case, the same judge also struck down Kentucky’s ban on issuing marriage licenses to same-sex couples. That ruling is also on hold. Kentucky Governor Steve Beshear hired private attorneys to appeal his state’s decision after Attorney General Jack Conway called a tearful news conference to anTENNESSEE nounce he would not appeal the ruling, sayTennessee’s case applies to the marriages ing that doing so would be “defending dis- of three same-sex couples who sued to be crimination.” recognized on their children’s birth certificates. MICHIGAN Tennessee Associate Solicitor Joseph Michigan’s same-sex marriage fight be- Whalen told the judges that the state’s law gan when a Lesbian couple sued to change a doesn’t discriminate because it bars recognistate law that bars them from jointly adopt- tion of any marriage not recognized by state law, rather than singling out same-sex couing their three children. Though the case changed considerably ples. Instead, Whalen said, Tennessee’s law when a judge noted that the joint adopting ensures that children are born into a stable ban was related to Michigan’s bans on same- family environment. sex marriage allowing the couple, Jayne “The Constitution does not demand TenRowse and April DeBoer, to expand their nessee recognize same-sex marriage,” Whalawsuit; and both Gay marriage bans were len said. struck down in March. Plaintiff ’s attorney Bill Harbison said Rowse and DeBoer are waiting to marry when the law was enacted in 2006, Gays until the legal process ends, though more and Lesbians weren’t stepping up for their than 300 same-sex Michigan couples were rights. That has since changed, but Tenneswed before the appeals court ordered a stay. see hasn’t, he said. Governor Rick Snyder has said Michigan “It’s as if Tennessee wants to wall itself off won’t recognize those marriages because the from the reality that Gay and Lesbian people ban is still the law. But U.S. Attorney Gen- are marrying,” Harbison said. eral Eric Holder extended those couples fedIn March, a federal judge in Tennessee eral recognition, saying the families should issued an injunction against the state from not be asked to endure uncertainty regard- enforcing the Gay marriage ban against the ing their benefits. three couples. The lawsuit does not challenge laws barOHIO ring same-sex marriage in Tennessee, only According to the Associated Press, Ohio’s those that prohibit recognizing such martwo cases involve rights for Gay and Lesbian riages performed in other states. couples at the beginning of life and at the end. One case involves two Gay men whose spouses were dying. They sued to win the right to be listed as the surviving spouses
Houston anti-Gay referendum “invalid” Anti-Gay leader will sue Anti-Gay forces in Houston failed to qualify a referendum to repeal the city’s new HERO legislation (Houston Equal Rights Ordinance). Sponsored by Houston’s openly Lesbian Mayor Annise Parker, HERO bans discrimination against sexual orientation and gender identity in the areas of housing, employment, and services provided by private businesses such as hotels and restaurants. Other prohibited reasons for discrimination include sex, race, ethnicity, national origin, age, familial status, marital status, military states, religion, disability, genetic information, or pregnancy. HERO was passed by the Houston City Council on May 28, by a convincing 11-6 vote. Parker and Houston City Attorney David Feldman announced on August 4 that the referendum challenging the new law had failed to qualify for the November ballot.
“With respect to the referendum petition filed to repeal the ‘HERO’ ordinance, there are simply too many documents with irregularities and problems to overlook,” Feldman said. “The petition is simply invalid. There is no other conclusion.” “Passage of the Houston Equal Rights Ordinance is important to the city of Houston,” Parker said. “Clearly the majority of Houstonians were not interested in a repeal process.” Opponents of the ordinance claimed they submitted more than 50,000 signatures to the city on July 3, but only 15,249 proved to be valid, city officials found. According to Feldman, less than half of the more than 5,000 pages of signatures that opponents submitted were valid. Feldman said some of the petition gatherers did not meet the legal requirements set out for such petitions in the city charter. For example, signature gatherers must be registered Houston voters and must sign the petition themselves. If such requirements were not met, he said, all the signa-
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Austin, Dallas, Fort Worth, and San Antures the individual gathered are invalid. tonio have already passed similar nondis“We would like to commend Mayor Ancrimination ordinances. nise Parker and the people of Houston for their leadership in successfully resisting this effort to roll back equality for LGBTQ people,” NGLTF Executive Director Rea Carey said in a statement. “Houston has a reputation as a place that welcomes everyone, as we discovered earlier this year when it played host to our Creating Change conference. It is clearly a place where people can be themselves and bring their whole selves to work, to school, to work and to life. Yesterday’s announcement shows that this reputation is well deserved.” Meanwhile, Dave Welch of the Houston Area Pastor Council, one of the leaders of the repeal effort, pledged to file a lawsuit challenging Houston’s signature verification process. Parker said she is confident a court will agree with the city’s procedure, but she suspended implementation of HERO “not indefinitely, but to allow for these isHouston Mayor Anise Parker sues to work their way out.”
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Seattle City Council calls for end to blood donation ban for Gay and Bisexual men SEATTLE – The Seattle City Council sent a letter to the Federal Food and Drug Administration (FDA) yesterday requesting an end to the lifetime ban on blood donations from men who have sex with men. The Puget Sound Blood Center, Seattle Mayor Edward Murray and the American Medical Association have each made similar requests. An excerpt from the letter reads, “Denying gay and bisexual men the opportunity to donate blood based on their sexual orientation is an outdated and discriminatory practice. We’ve advanced in our medical knowledge of HIV transmission and know transmission depends on behavioral risk factors. Donor screening for gay and bisexual men should be the same as for all other people and be based on a risk assessment of behaviors, rather than on sexual orientation.” “Sexual orientation shouldn’t dictate whether someone is able to help save a life,” said Councilmember Sally J. Clark. “Any other person would be screened based on a risk assessment of their behavior. We’re only asking that gay and bisexual men also have that opportunity.” “The current ban should be repealed,” said Councilmember Tom Rasmussen. “It un-
dermines the understanding of HIV risks and reinforces stereotypes and fear.” “On behalf of the City of Seattle LGBTQ employees for Equality, SEqual, we are encouraged by the action of the City Council to raise awareness of the FDA’s discriminatory policy excluding gay men and women that have sexual contact with bisexual men from giving blood. For nearly 30 years our gay city employees have been unable to donate blood at City co-sponsored blood drives because of this federal policy. It is long overdue that the FDA enacts a policy based on science and risk factors, not fear and ignorance. Thank you, Seattle City Council, for recognizing this inequity,” said Aretha Alexander and Travis Taylor, Cochairs of SEqual. Seattle City Council meetings are cablecast live on Seattle Channel 21, HD Channels 321 Comcast, 721 Wave and on the City Council’s website. Copies of legislation, Council meeting calendar, and archives of news releases can be found on the City Council website. Follow the Council on Twitter and on Facebook.
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Uganda’s Constitutional Court overturns Anti-Homosexuality Act on procedural grounds – Human Rights First comments: Uganda’s Court Ruling: What’s Next? A short Q&A with Human Rights First’s Shawn Gaylord addressing next steps in Uganda following last Friday’s ruling invalidating the Anti-Homosexuality Act. What happened? Shawn: Members of civil society, legal scholars, and representatives of the Ugandan LGBT community argued before the Constitutional Court that the Anti-Homosexuality Act should be overturned, raising both procedural and substantive objections. According to the Ugandan constitution, for a valid vote to occur in parliament there must be quorum, which means at least onethird of parliamentary members must be in attendance. By holding a vote without quorum, the Speaker of Parliament violated legislative procedure and therefore the vote was invalid. Over recent days, a panel of five judges heard arguments on this fact, ultimately adhering to the letter of the law, overturning the bill based on procedural impropriety. How does the ruling affect the legal status of the Ugandan LGBT community? Shawn: LGBT persons and allies in Uganda can no longer be arrested, tried, and convicted under the Anti-Homosexuality Act. As law, the bill prescribed life imprisonment for so-called “aggravated homosexuality,” a term which included repeated consensual sexual acts between members of the same sex. Additionally, those who aided in performing same-sex marriages faced up to seven years in prison under the law. However, other discriminatory laws remain in place, namely the country’s antisodomy laws under which Gay men can still face prosecution for up to seven years for consensual relations. What’s next? Shawn: The Constitutional Court decided the case on a narrow set of procedural definitions, a clear-cut case of the Speaker of Parliament not fulfilling his legislative obli-
gations. Proponents of the bill have the opportunity to appeal the decision. Legislatively, the bill could be re-introduced. The bill maintained widespread public support from the moment it was introduced until this morning’s verdict. Additionally, as the Constitutional Court ruled on a matter of procedure, as opposed to invalidating the bill on its merits, there is no legal basis to deny such a reintroduction. If a member of parliament does so, the process will have to start from the beginning, meaning that there will be considerable time before a new version of the Anti-Homosexuality Bill could become law. What does this move mean about the effectiveness of U.S. sanctions? Shawn: While the court did not cite the sanctions as in any way related to the decision they made, we know that the very public sanctioning of Uganda was well-known throughout the country and particularly within the government and may have contributed to the court’s taking the position it took. Should the sanctions now be lifted? Shawn: The United States should immediately review the sanctions it levied against Uganda in light of this decision and quickly announce which sanctions can be lifted. In some cases, as in the steering of funds away from organizations that actively promote LGBT discrimination, the sanctions could be more accurately termed policy changes that fixed long-standing problems in the ways the United States and Uganda interacted economically; moving forward, these new conditions should remain the norm. Some punitive measures, such as the moving of particular international conferences out of Uganda, will not be able to be undone. However, lifting certain sanctions, such as the visa bans, can send an important message and validate a key element of the concept of sanctions – that they will be reversed when the conditions that led to them are addressed. Courtesy of Human Rights First
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