SGN Dec 15, 2017 - Section 1 by (c) Stratus Group, LLC / Mike Schultz

Celebrating 43 Years! Issue 50 Volume 45

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Surge in African-American voters sinks Roy Moore

Pentagon will take Trans recruits beginning January 1

Steve Bannon and Donald Trump go down with the ship

Three federal judges have ruled against Trump’s Trans ban

Doug Jones campaigned directly to the African-American community to ensure victory over Roy Moore – Photo courtesy of Getty

Photo courtesy of US Army

by Mike Andrew SGN Staff Writer The 2017 Alabama Senate race was Roy Moore’s to lose. And he did.

On December 12, for the first time since Howell Heflin was reelected in 1990, Alabama voters elected a Democratic US senator – Doug Jones – in a special election

see ALABAMA page 6

by Mike Andrew SGN Staff Writer The Pentagon announced on December 11 that it would start to enlist Transgender

recruits beginning on January 1. Its decision comes in the wake of universal legal condemnation of Donald Trump’s ban on Transgender military personnel.

see TRANS RECRUITS page 12

Hillary Clinton at Senate takes two steps The Paramount and backwards with dangerous Elliott Bay Book Company judicial confirmations, LAMBDA LEGAL:

while rest of the nation takes giant step forward against division and hatred

(l to r) Leonard Steven Grasz – Photo courtesy of Getty Don Willett, James Ho – Photos courtesy of AP

WASHINGTON, DC – This week, the United States Senate confirmed three nominees to the federal bench with proven and extensive anti-LGBT records: Leonard Steven Grasz to the US Court of Appeals for the 8th Circuit, who was confirmed on

Tuesday; Don Willett to the 5th Circuit, who was confirmed on Wednesday; and James Ho to the 5th Circuit, who was confirmed Thursday. The Senate Judiciary

see JUDICIAL NOMS page 6

Hillary Clinton autographing copies of her new book “What Happened” at Elliott Bay Book Company on December 12, 2017. – Photo by Nate Gowdy

by Erika Hoel Special to the SGN An excited buzz filled the air on Monday, December 11, as the crowd streamed into The

Paramount. Women (and many men, too, but mostly women) sporting pantsuits, pussyhats, “I’m with her” buttons, and tees with other political slogans were led to their seats by

see CLINTON page 5

2 Seattle Gay News

December 15, 2017

Celebrating 43 Years!

Seattle Gay News FOUNDED 1974 MEMBER

2017

1707 23rd Avenue Seattle, WA 98122 (206) 324-4297 sgn2@sgn.org sgn.org

Editor in Chief George Bakan Associate Editor Shaun Knittel Travel Editor George Bakan Copy Editor Rick McKinnon (since Dec 2013) Advertising George Bakan • Maggie Bloodstone MK Scott National Advertising Rep. Rivendell Media (212) 242-6863 Staff Writers Mike Andrew • Sara Michelle Fetters Miryam Gordon • Shaun Knittel Albert Rodriguez Contributing Writers Rev. Barbara Allen • Ron Anders Eric Andrews-Katz • Madelyn Arnold Alice Bloch • Maggie Bloodstone Beau Burriola • Sharon Cumberland Jessica Davis • Tina Gianoulis Anthony Greer • Milton W. Hamlin Nevin Jefferson • Richard Kennedy Liz Meyer • Jason A. Miller Jesse Monteagudo David Nguyen aka Teriyaki Temple Rod Parke • Don Paulson Jerry Peerson • Jessica Price Scott Rice • Leslie Robinson MK Scott • Gaysha Starr Paul Torres • Janice Van Cleve Ed Walsh • James Whitely Scott Wittet • Rex Wockner

Victory in Alabama (x2)

Calendar Editors Mike Andrew • Rick McKinnon Classifieds Rick McKinnon Photographers Nate Gowdy • Joseph P. Herron Shaun Knittel • James Whitely Production Mike Pham Website Designer Barry Thorsness / Digital Team Works Seattle Gay News is published by Frogs and Ink, Inc. © 2017. Frogs and Ink, Inc. All Rights Reserved. Reprints by permission. Publication of names, photographs, or likeness of any person, organization, event or business in this publication cannot be taken as any indication of the sexual orientation of the person, organization, event or business. Opinions expressed in bylined articles, columns, and letters are those of the authors only and do not necessarily reflect the views of the staff or management of this paper. Seattle Gay News welcomes unsolicited material, including letters to the editor, but reserves the right to edit or reject material. All rights revert to authors upon publication. We assume no liability for loss or damage of materials, solicited or not. We invite feedback, please write. And please play safe. It is our policy that no money shall be refunded if you choose to cancel your ad. Credit will be given for the balance owed. No exceptions.

In Loving Memory Of Steve Foiles • Scott Roger Alpert Cookie Andrews-Hunt James Leland Moore Randy Peters • Lee Richeson Shaun Shelton • Jim Tully James Arnold

Doug Jones and his wife Louise wave to supporters before speaking December 12, 2017, in Birmingham, Alabama – Photo by John Bazemore / AP

by Janice Van Cleve Special to the SGN Democrat Doug Jones beat Republican child molesting judge Roy Moore for US Senate! This is a Yooooge blow to Republican control in the Senate and also a stunning personal defeat for Trump. The Republican majority in the Senate was razor thin before this vote and now it is even thinner – 51 to 49 – especially since the Republicans cannot always count on their own. Republican Senators Bob Corker, John McCain, Jeff Flake, and Susan Collins have already rebelled against Trump last summer and Senate Majority Leader Mitch McConnell is no fan of Trump either.

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The final vote was 49.9% for Jones and 48.4% for Moore. Very close but not within the margin to force a recount according to Alabama law. Alabama’s Secretary of State has until January 3 to certify the vote. Roy Moore has not conceded defeat although Trump, Congress, Alabama state officials, and the media have all accepted his loss (and many of them, gratefully). This defeat significantly weakens Trump. His own party is realizing that he is a liability to them. His tweets and rants will become more dismissible. His vulnerability to the investigation into his collusion with the Russians is increased because fewer people will stand by him. The victory of the Democrats, added to their victo-

December 15, 2017

ries across the country in November will embolden them and give them tremendous momentum for the 2018 midterms. This victory demonstrates, to put a twist on the Borg claim on Star Trek: RESISTANCE IS NOT FUTILE. Janice Van Cleve 37th District Area 15 Captain PCO 37/1875 www.jvox.doodlekit.com “It used to take a village, now it takes an independent prosecutor.”

Seattle Gay News 3

A holiday toast and exciting changes at this year’s GSBA Holiday Luncheon and Annual Meeting

by MK Scott SGN Contributing Writer It was an exciting afternoon this past Wednesday (12/13) when major players from the Seattle LGBTQA business community came together at McCaw Hall for the GSBA Holiday Luncheon and Annual Meeting. As you entered the main hall and lobby there were booths lined up featuring all the GSBA corporate sponsors including Wells Fargo, Pacific Medical, Starbucks, 1st Security Bank, and more with goodie bags filled with water bottles, stuffed toys, etc. On the McCaw Hall mezzanine level round tables were set up with salad-filled plates and dinner rolls for the luncheon. While the place was packed with familiar faces and some not so familiar, it was quite a contrast to the first GSBA Holiday Luncheon I attended back in 2000, which was a third of the size. After a great musical performance by GSBA Scholar, Christina Brewer, GSBA President and CEO Louise Chernin spoke of progress, and Board Co-Chair Drew Ness (1st Security Bank) paid homage to outgoing board members Allan Aquila (Aquila and Associates), Marci Flanery (CPA), Jeff Kinney (Concentric Impact), Beth Hester (Comcast/NBCUniversal), John Rubino (GreenRubino) and Kurt Sarchet (Precision Door Service), Ness also welcomed new board members Roz Edison (Marination), Susan Fuller (Attorney), James Hing (Starbucks), Carolyn Hojaboom (ARC of King County), Adrian Matanza (Seattle City Light) and Kyle Mullinix (Google). Chernin returned to the podium and as everyone picked up their glasses of champagne toasted to the closing of an intense year and to what hopes to be a great start for 2018. Current Chief of Staff at Seattle City Light Calvin Goings introduced and moderated a panel on the 2018 Legislative forecast with 43rd District State Senator Jamie Pedersen, State Representative Nicole Macri and WA Speaker of the House Frank Chopp. With the Dems now taking over the State Senate, look for immediate changes to happen in Olympia. For member info for the Greater Seattle Business Association, check out www. thegsba.org.

Louise Chernin, GSBA President and CEO

Christina Brewer, GSBA Scholar

Drew Ness, GSBA Chair

Calvin Goings, Seattle City Light Chief of Staff

Top photo courtesy of GSBA All others by MK Scott

4 Seattle Gay News

Sen. Jamie Pedersen, Rep. Nicole Macri, House Speaker Frank Chopp

December 15, 2017

Celebrating 43 Years!

CLINTON

continued from cover theatre staff and volunteers. Some made their way towards the orchestra pit, posing for selfies with an empty stage, save for two vacant chairs and bookshelves, each with multiple copies of one title: “What Happened.” What did happen, exactly? A question many of us have wondered since November 8, 2016, we were all gathered to hear some answers from the seasoned politician herself, Secretary Hillary Rodham Clinton. Her electoral loss, the GOP tax plan, “Those Damn Emails” – those are just a few of the many contributing factors behind the post-election blues felt by nearly 66 million voters in the United States. Clinton spoke of FBI investigations, misogyny, deep-rooted bigotry, and her own gloom following that fateful day. Yet she persisted. Women in politics, children in pantsuits, her family, faith, and the activism erupting across America kept her going – with the help of her fair share of HGTV and Chardonnay. She told of the inspiration she drew from the masses taking charge, the voices speaking out, the people rejecting the notion that hatred and fear are American values. Thus, Onward Together – an organization focused on grassroots political engagement and activism – was born. As the evening came to a close, Hillary left the audience with one final note of hope: “When I think about hope, I think about small acts of kindness,” she said. “That recognition of one another’s humanity. That sense of, yes, we are all in this together. And that is the core of my hope.” The following day, folks of all ages turned out once more as Clinton made an appearance at Elliott Bay Book Co., signing copies of “What Happened.” She took a moment to speak to each person in line, shaking hands, asking questions, listening. Tears were shed and gratitude expressed, her influence undeniable. She may have lost the electoral vote, but Hillary Clinton’s days of keeping her guard up are over, and she isn’t going anywhere. Photos by Nate Gowdy

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December 15, 2017

Seattle Gay News 5

ALABAMA

continued from cover to fill the seat of former senator and current attorney general, Jeff Sessions. Even as Republican Roy Moore – down by more than 20,000 votes in Tuesday’s special election – refused to concede the race, members of the GOP began pointing fingers at one another for his defeat after also being steamrolled in Virginia elections last month. The election will reduce the Republican majority in the Senate to 51-49. However, Luther Strange, the Republican appointed to replace Sessions as an interim senator in February, is likely to remain in the seat until early January. That means Republicans will still have time to pass their tax-cut bill and vote on any year-end budgetary resolutions, but after that, the window for legislative success narrows considerably. After Jones takes his seat, the Republicans can only afford to lose one vote. That would produce a 50-50 split, in which case Vice President Mike Pence would be able to cast the deciding vote. If the GOP leadership allows two senators to slip away, their legislation would fail. It was a stunning defeat for Republicans and for Moore himself, who has been a fixture of Alabama politics for decades and has emerged as a celebrity among the national ultra-right. In addition to Moore’s anti-LGBT bigotry and his long history as a neo-Confederate – he actually looked back fondly on slavery in one of his stump speeches – Moore’s campaign was dogged by charges that he’d molested a 14-year-old girl and stalked dozens of other teenagers. In the end, a surge in African-American

JUDICIAL NOMS continued from cover

Committee also progressed with the nomination of anti-LGBT crusader Matthew Kacsmaryk to the US District Court of the Northern District of Texas at a hearing on Wednesday, and is expected to vote soon on the nomination of fellow anti-LGBT crusader Kyle Duncan for the US Court of Appeals for the 5th Circuit. Lambda Legal, along with dozens of LGBT groups and civil rights organizations, has opposed Grasz’s, Willett’s, Kacsmaryk’s, and Duncan’s nominations. Lambda also expressed grave concerns about the nomination of James Ho to the 5th Circuit and his ability to give a fair hearing to LGBT Americans in light of his history of advocating against their right to equal protection of their relationships and families under the law. In 2016, the Supreme Court decided approximately 69 cases, while US Courts of Appeals decided approximately 58,000 cases and US District Courts decided about 355,000. As of today, Trump has now placed 12 circuit court judges on the federal bench this year. In contrast, President Obama had only confirmed three circuit judges at this point in his administration. Sharon McGowan, Lambda Legal’s Director of Strategy, issued the following statement: “Over the last several weeks, voters throughout the country, and perhaps most notably in Virginia and Alabama, have been rejecting the message of hate, fear, and division being peddled by candidates and politicians. It’s time for the Senate to follow suit, and get back in the business of serving all Americans. This means standing up against Donald Trump’s destructive agenda and preserving our courts as a place where all people can receive fair and impartial justice. “We were extremely gratified to hear this week that Jeff Mateer and Brett Talley’s nominations would not move forward.

6 Seattle Gay News

Doug Jones – Photo courtesy of AP

voters plus significant defections among white, middle-class suburban voters did him in. Jones told his supporters in a victory speech that the “entire race has been about dignity and respect.” “This campaign has been about the rule of law. This campaign has been about common courtesy and decency and making sure everyone in this state, regardless of which zip code you live in, is going to get a fair shake in life,” he said as the crowd erupted in cheers. America’s biggest losers Besides Moore, the other big losers in the Alabama election were Steve Bannon Lambda Legal led the charge against Jeff Mateer’s nomination, and joined other civil rights groups denouncing the nomination of Brett Talley. While we are relieved by reports that we have defeated these two specific nominees, we call upon the Senate to take a fresh look at the other nominees that Trump has been putting forward – nominees selected not merely in spite of, but rather because of, their anti-LGBT and anti–civil rights pedigrees. They have already handed a lifetime appointment to a ‘Brett Talley’–quality nominee this week, Steven Grasz, who shares with Talley the dishonor of being one of only four nominees since 1989 to receive a unanimous ‘not qualified’ rating from the nonpartisan American Bar Association. And they also confirmed a Jeff Mateer–quality nominee, Don Willett, who targeted a transgender teenager on Twitter and denigrated the right of same-sex couples to marry. Now today, they have confirmed James Ho to serve on the federal bench, despite serious questions about his ability to uphold the grave responsibility that comes with a lifetime judicial appointment. “We simply cannot understand why Senate Judiciary Committee Chairman Chuck Grassley, having recognized the unfitness of Jeff Mateer, has insisted on moving ahead with the nomination of Matthew Kacsmaryk, who carries the distinction of being Mateer’s former colleague and is cut from the same antiLGBT cloth as Mateer. We are also troubled by Chairman Grassley’s efforts to advance the nomination of another antiLGBT crusader, Kyle Duncan, nominated for a lifetime appointment to the US Court of Appeals for the 5th Circuit. Lambda Legal has led a coalition of 35 federal, state, and local groups in opposing these nominees, who Donald Trump and Mike Pence are counting on to support their anti-LGBT and anti–civil rights agenda. “Make no mistake about it: Matthew Kacsmaryk operates from the same playbook as Jeff Mateer, and is as unfit for a lifetime appointment to the federal bench as

December 15, 2017

and Donald Trump. Bannon, who in October vowed a “season of war” against the GOP establishment, went all out to elect Moore and failed spectacularly. His pitch to Alabama Republicans in the senatorial primary was that candidates should be culture-wars true believers – not moderates – who would approach politics with the zeal of Crusaders. The Republican establishment, however, simply wanted candidates that would win, something Moore and Bannon failed to do. “Look, you know, the goal here is to win elections in November,” McConnell explained. the man caught on video describing transgender children as part of ‘Satan’s plan.’ Kyle Duncan’s record likewise demonstrates his contempt for LGBT people, our relationships, and our families. Therefore, just as he did with Jeff Mateer, Chairman Grassley should make clear to the White House that nominees like Kyle Duncan and Matthew Kacsmaryk are simply unacceptable. All senators, regardless of party, can and should demand better from President Trump. The American people have sent a clear message that they want the elected officials who represent them to stand up against hate and bigotry. Senators ignore that message at their own peril.” More information from Lambda Legal about James Ho can be found here: https://www.lambdalegal.org/in-court/ legal-docs/dc_20171206_letter-of-concernabout-james-ho More information from Lambda Legal about L. Steven Grasz can be found here: https://www.lambdalegal.org/in-court/ legal-docs/dc_20171211_29-lgbt-groupsoppose-grasz https://www.lambdalegal.org/news/ dc_20171101_anti-lgbt-judicial-nomineeschoke-justice https://www.lambdalegal.org/news/ dc_20171115_senators-should-reject-unqualified-nominees https://www.lambdalegal.org/news/ dc_20171130_lambda-28-orgs-opposegrasz-norris h t t p s : / / w w w. l a m b d a l e g a l . o r g / blog/20171030_trump-keeps-losing-in-thecourts https://www.lambdalegal.org/ blog/ dc_20171115_senators-should-reject-unqualified-nominees https://www.lambdalegal.org/ blog/ dc_20171130_lambda-28-orgs-opposegrasz-norris More information from Lambda Legal about Don Willett can be found here: https://www.lambdalegal.org/in-court/ legal-docs/dc_20171212_35-lgbt-groupsoppose-willet

“Back in 2010 and 2012, we nominated several candidates – Christine O’Donnell, Sharron Angle, Todd Akin, Richard Mourdock. They’re not in the Senate. And the reason for that was that they were not able to appeal to a broader electorate in the general election.” “My goal as the leader of the Republican Party in the Senate is to keep us in the majority,” he added. “The way you do that is not complicated. You have to have nominated people who can actually win, because winners make policy and losers go home.” Bannon is now in the camp of “losers,” and mainstream Republican leaders are already calling on him to get lost. “After Alabama disaster GOP must do right thing and DUMP Steve Bannon,” Rep. Peter King (R-NY) wrote on Twitter. “If we are to Make America Great Again for all Americans, Bannon must go!” Donald Trump was also a loser. He has now been exposed as an empty vessel who can be manipulated by cleverer advisors. Trump’s initial inclination in the GOP primary was to support Moore, whose incendiary right-wing rhetoric echoed his own. But Republican Senate Majority Leader Mitch McConnell talked him into backing incumbent Luther Strange. When Moore buried Strange in the GOP primary, Trump initially stuck with McConnell and kept his distance from the Moore campaign. Then Bannon talked Trump into endorsing Moore. Now Trump has his brand on not one but two Alabama losers – both Luther Strange and Roy Moore – and nothing to show for it but a fractured political party.

https://www.lambdalegal.org/news/ dc_20171114_lgbt-groups-oppose-judicialnominees https://www.lambdalegal.org/news/ dc_20171115_don-willett-does-not-reflectthe-best-of-texas h t t p s : / / w w w. l a m b d a l e g a l . o r g / blog/20171114_lgbt-groups-oppose-judicialnominees https://www.lambdalegal.org/ blog/ dc_20171115_don-willett-does-not-reflectthe-best-of-texas More information from Lambda Legal about Matthew Kacsmaryk can be found here: https://www.lambdalegal.org/in-court/ legal-docs/dc_20171114_lgbt-groupsoppose-judicial-nominees https://www.lambdalegal.org/news/ dc_20171114_lgbt-groups-oppose-judicialnominees h t t p s : / / w w w. l a m b d a l e g a l . o r g / blog/20171114_lgbt-groups-oppose-judicialnominees More information from Lambda Legal about Jeff Mateer can be found here: https://www.lambdalegal.org/news/ us_20171016_36-lgbt-groups-demandmateer-withdrawal h t t p s : / / w w w. l a m b d a l e g a l . o r g / blog/20170920_lambda-legal-blasts-nominee-jeff-mateer More information from Lambda Legal about Kyle Duncan can be found here: https://www.lambdalegal.org/in-court/ legal-docs/dc_20171114_lgbt-groupsoppose-judicial-nominees https://www.lambdalegal.org/news/ dc_20171114_lgbt-groups-oppose-judicialnominees https://www.lambdalegal.org/news/ dc_20171129_senate-gop-bulldoze-judicialnom-process h t t p s : / / w w w. l a m b d a l e g a l . o r g / blog/20171114_lgbt-groups-oppose-judicialnominees Courtesy of Lambda Legal

Celebrating 43 Years!

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Celebrating 43 Years!

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December 15, 2017

Celebrating 43 Years!

US Supreme Court denies Lambda Legal appeal of LGBT employment discrimination case WASHINGTON – [On Monday, December 11], the US Supreme Court announced it will not review the Lambda Legal case on behalf of Jameka Evans, a Savannah security guard who was harassed at work and forced from her job because she is a lesbian. “By declining to hear this case, the Supreme Court is delaying the inevitable and leaving a split in the circuits that will cause confusion across the country,” said Greg Nevins, Employment Fairness Project Director for Lambda Legal. “But this was not a ‘no’ but a ‘not yet,’ and rest assured that Lambda Legal will continue the fight, circuit by circuit as necessary, to establish that the Civil Rights Act prohibits sexual orientation discrimination. The vast majority of Americans believe that LGBT people should be treated equally in the workplace. The public is on the right side of history; it’s unfortunate that the Supreme Court has refused to join us today, but we will continue to invite them to do the right thing and end this hurtful balkanization of the right of LGBT people to be out at work.” “This term will not see the Supreme Court provide a national remedy to stop the pervasive discrimination against LGBT people in the workplace. But don’t despair; if you have experienced discrimination in the workplace, please contact Lambda Legal’s Help Desk,” said Nevins. “We urge Congress to pass a federal law explicitly banning discrimination in the workplace based on sexual orientation and gender identity.” Several federal courts have affirmed the argument that Title VII of the Civil Rights Act, when properly understood, protects LGBT employees. Most notably, the full 7th Circuit overruled four of its precedents and ruled in April that Lambda Legal client Kimberly Hively could proceed under the Civil Rights Act with her claim that Indiana-based Ivy Tech Community College discriminated against her because she is a lesbian. In September, Lambda Legal argued before the full 2nd Circuit, which is

Jameka Evans – Photo courtesy of Lambda Legal

reexamining two of its precedents in Zarda v. Altitude Express, the case of a New York skydiving instructor who was fired from his job because he was gay. No ruling has been issued yet in Zarda. In April of 2015, Evans filed a lawsuit in US District Court for the Southern District of Georgia against her former employer, Georgia Regional Hospital, arguing that the hospital violated Title VII of the Civil Rights Act by discriminating against her because of her sexual orientation and her nonconformity with gender norms of appearance and demeanor. The district court dismissed the case. In January of last year, Lambda Legal filed an

appeal on Evans’ behalf, arguing that she must have her day in court, citing rulings by several federal district courts and the Equal Employment Opportunity Commission (EEOC) finding that sexual orientation discrimination is a form of sex discrimination and thereby a prohibited employment practice. On March 10, 2017, a three-judge panel of the 11th Circuit held that it was compelled by a 1979 ruling to reject Evans’ sexual orientation discrimination claim. Lambda Legal asked the whole court to rehear the case so that it could reexamine the 1979 precedent, but unlike the 7th Circuit and 2nd Circuit, the full 11th Circuit Court of Appeals declined to rehear the

case on July 6. Citing a clear conflict among the circuits, Lambda Legal filed a petition asking the US Supreme Court to review the case. Today, the Supreme Court denied review. Evans is part of Lambda Legal’s efforts to establish and enforce employment discrimination protection for all LGBT people and everyone living with HIV. In addition to the sexual orientation cases, these efforts include an historic win for transgender workplace rights in Glenn v. Brumby and the current lawsuit Karnoski v. Trump challenging the ban on transgender troops. Lambda Legal also launched Out at Work, a campaign to support Jameka Evans in her pursuit for justice, bring awareness to LGBT people everywhere of their Title VII rights, and assert that all people have the right to a job with dignity, free from repercussions for who they are or whom they love. Lambda Legal Employment Fairness Project Director Greg Nevins is the lead attorney for both the Hively and Evans cases. The attorneys on the Evans certiorari petition are Nevins, Omar Gonzalez-Pagan, Karen Loewy, and Professors Pamela S. Karlan and Jeffrey L. Fisher of the Stanford Law School Supreme Court Litigation Clinic. The case is Evans v. Georgia Regional Hospital. Read the petition: https://www.lambd a lega l.org /i n- cou r t / lega l- docs/us _ evans_20170907_petition-scotus More information about Lambda Legal’s work on employment protections is available here: http://www.lambdalegal. org/issues/employment-and-rights-in-theworkplace Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people, and people living with HIV through impact litigation, education, and public policy work. Courtesy of Lambda Legal

Supreme Court of Hawai’i hears parenting case testing marriage equality ruling HONOLULU, HI – [On December 14, 2017,] the Supreme Court of Hawai’i heard oral argument in the case of C.C. v. D.D., in which Lambda Legal is urging the court to uphold a lower court ruling that, just like different-sex spouses, same-sex spouses must be treated as the presumed parents of children born during their marriage, with equal rights and equal responsibilities, including legal parentage and child support. The case involves a dispute between a married same-sex couple regarding whether the non-biological mother, C.C., is a legal parent to their child and thus responsible for paying child support. Lambda Legal is representing the biological mother, D.D., who gave birth to a child conceived through assisted reproduction using anonymous donor sperm, during the couple’s marriage. (The parties are identified only by pseudonym initials during the oral argument.) Among other things, C.C. is asking the appeals court to hold that she is not a legal parent – and to relieve her of her child support obligations – simply because she is not biologically related to the child. The lower court rejected this argument and found that C.C. was a legal parent under the Uniform Parentage Act and Marriage Equality Act, both of which operate to

presume that the legal spouse of a birth parent is also a parent, a longstanding feature of family law that is intended to protect the well-being of children. “Equal rights come with equal responsibilities. Like other married couples, same-sex spouses can walk away from each other but not from their obligations to their children. Obergefell, the ruling that made marriage equality the law of the land, guarantees marriage on equal terms for same-sex couples and their children,” Lambda Legal Senior Attorney Peter Renn said. “Families are formed in different ways, but the same rule applies: when a married couple decides to bring a child into this world, that child has two legal parents, regardless of their gender. A non-biological parent can’t invoke biology as a shield to evade parental responsibilities, just as a biological parent can’t wield biology as a sword to cut off a non-biological parent’s rights.” The State of Hawai’i submitted a friendof-the court brief on behalf of Lambda Legal’s client in support of reading Hawai’i parentage laws in a gender-neutral manner to apply to same-sex spouses. Recent US Supreme Court authority also requires that same-sex spouses be treated equally to other couples with respect to parenting. In Oberge-

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fell v. Hodges, the Supreme Court struck down bans on the ability of same-sex couples to legally marry and held that states must apply the same terms and conditions of civil marriage to same-sex couples, which includes the rights and benefits along with the responsibilities. In Pavan v. Smith, the Supreme Court held that Arkansas’ refusal to list both same-sex spouses on a child’s birth certificate was unconstitutional, because the certificate was “more than a mere marker of biological relationships.” Renn explained, “As the US Supreme Court recently made clear, there is no skim-milk marriage; marriage is marriage – for everyone.” Background C.C. and D.D. married in 2013. Throughout their marriage, they talked about starting a family together. D.D. became pregnant in 2015 through assisted reproduction using anonymous donor sperm. The couple’s marriage subsequently deteriorated, and C.C. sought a court ruling that she is not a legal parent to the child and thus not responsible for paying any child support, because, among other things, she is not the child’s biological parent. The lower court held that C.C. was a legal parent and responsible for child support. It held

December 15, 2017

that the marital presumption of parentage applied to same-sex spouses and that C.C. failed to prove that she did not consent to D.D. becoming pregnant through assisted reproduction. C.C. appealed the lower court’s ruling to the Intermediate Court of Appeals of the State of Hawai’i, but then requested the case be transferred to the Supreme Court of Hawai’i, [which] heard the case today. The case was heard at the Castle Performing Art Center as part of the Courts in the Community program, the Hawai’i Supreme Court’s “educational program that gives high school students unique, handson experience in how the Hawaii judicial system works.” The case is C.C. v. D.D. Handling the case for Lambda Legal is Senior Attorney Peter Renn, joined by co-counsel Christopher D. Thomas. Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people, and those with HIV through impact litigation, education, and public policy work. Courtesy of Lambda Legal

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HRC releases report detailing the harms of writing into law anti-LGBTQ discrimination in child welfare services

Seven states have already passed licenses to discriminate in foster care and adoption services, with similar measures pending in Congress and expected in other states WASHINGTON - [On December 14], the Human Rights Campaign (HRC) Foundation, the educational arm of the nation’s largest lesbian, gay, bisexual, transgender, and queer (LGBTQ) civil rights organization, released “Disregarding the Best Interest of the Child: License to Discriminate In Child Welfare Services,” a report detailing the harms of efforts to write anti-LGBTQ discrimination by child welfare agencies into law [https://assets2.hrc.org/files/assets/ resources/licenses-to-discriminate-childwelfare-2017.pdf]. The publication of the comprehensive resource comes as legislatures across the country prepare to reconvene in January, with many states poised to consider anti-LGBTQ bills. “Anti-LGBTQ discrimination has no place in our nation’s child welfare services,” said Cathryn Oakley, HRC’s State Legislative Director and Senior Counsel. “A taxpayer-funded license to discriminate against LGBTQ parents and, in some cases, children is cruel, harmful, and unconstitutional. This new report details the harms

imposed – at the taxpayers’ expense – upon children who are in the state’s care.” Seven states, including five in just the last three years, have passed laws granting a license to discriminate against LGBTQ people in foster care and adoption services. In 2017, the number of anti-LGBTQ child welfare-related bills nearly doubled, from four to seven. Laws like these allow agencies to refuse to work with LGBTQ people; some even allow them to refuse to provide certain types of medical treatment to LGBTQ children in their care. The guide outlines several false assumptions, which are often relied upon to justify these bills, and explains that these bills artificially limit the pool of potential foster and adoptive parents at a time when more parents are desperately needed, and that they funnel taxpayer funds to agencies that are perpetuating discrimination. Statistics suggest that an estimated two million LGBTQ adults in the US are interested in adoption, but the LGBTQ community often remains an untapped resource

when it comes to finding families for children and youth in foster care. In Congress, there is legislation that would create license-to-discriminate bills impacting child welfare services – the deceptively named First Amendment Defense Act and the Child Welfare Provider Inclusion Act. The report explains how these, and an executive order issued in May and followed by guidance from the Office of the Attorney General in October, could perpetrate similar harms on the federal level. It also details the legislation that would prevent such discrimination – including the Equality Act and the Every Child Deserves a Family Act. HRC is on the frontlines of expanding access and inclusion within America’s child welfare services, from combatting license-to-discriminate laws at the state and federal levels to working with youthserving professionals on the ground. The HRC Foundation’s All Children–All Families (ACAF) project promotes LGBTQ cultural competency among child welfare

agencies through innovative resources, including an online agency self-assessment tool, comprehensive staff training, free technical assistance, and more. Agencies across the country recognize the importance of this work and use ACAF resources to improve [their] practice with LGBTQ youth and families. To learn more about HRC’s work with child welfare services, visit https://www. hrc.org/campaigns/all-children-all-families. The Human Rights Campaign Foundation is the educational arm of America’s largest civil rights organization working to achieve lesbian, gay, bisexual, transgender, and queer equality. HRC envisions a world where LGBT people are embraced as full members of society at home, at work, and in every community. Courtesy of the Human Rights Campaign

SCOTUS dodges Title VII decision Allows conflicting decisions to stand by Mike Andrew SGN Staff Writer The US Supreme Court declined to hear an appeal by a Georgia security guard who said she was harassed and forced from her job because she is a Lesbian. By doing so, the high court passed up an opportunity to decide whether Title VII bans on discrimination based on sex also outlaws discrimination based on sexual orientation. The Supreme Court announced without comment on December 11 that it would not hear an appeal in Evans v. Georgia Regional Hospital. It was the second time in two weeks that the Supreme Court passed on taking a high-profile case involving LGBT rights. On December 4 the court declined to hear Turner v. Pidgeon, a Texas case involving spousal benefits for same-sex couples. The effect of the high court’s decision not to hear the appeal is to leave standing a lower

TRANS RECRUITS continued from cover

Also on December 11, two federal judges ruled against the White House, granting injunctions to prevent the Trump ban from going into effect. In all, three federal courts have found that Trump acted unconstitutionally in trying to ban Trans people from the military. Washington State became the first state to win an injunction against the Trump ban, Attorney General Bob Ferguson having filed suit on behalf of nine Washington citizens and three human rights organizations. “The Court finds that the policy prohibiting openly transgender individuals from serving in the military is likely unconstitutional,” US District Judge Martha Pechman wrote in her ruling. Pechman also found that the ban

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court ruling against Jameka Evans, who had argued that workplace sexual orientation discrimination violates Title VII of the landmark Civil Rights Act of 1964. The case hinged on an argument that is currently being litigated in different parts of the country and has divided lower courts: whether Title VII, which bans employment discrimination based on sex, also outlaws bias based on sexual orientation. Title VII also bars employment discrimination based on race, color, religion, and national origin. The Equal Employment Opportunity Commission (EEOC), the federal agency that enforces Title VII, ruled in 2012 that bias against LGBT workers violates the law. But in July, Donald Trump’s administration argued the opposite in court. The Evans lawsuit was brought by Lambda Legal on behalf of Jameka Evans in 2015. She charged that while she worked at Georgia Regional Hospital from 2012 to

2013, her supervisor tried to force her to quit because she wore a male uniform and did not conform to female gender stereotypes. She said the supervisor asked questions about her relationships, promoted a junior employee above her, and physically slammed a door into her body. In March, the Atlanta-based 11th Circuit Court of Appeals sided with the hospital, saying that only the Supreme Court can declare that Title VII’s protections cover gay workers. Represented by Lambda Legal Defense and Education Fund, an LGBTQ legal advocacy group, Evans appealed to the Supreme Court. Her lawyers cited language in the high court’s landmark 2015 ruling legalizing same-sex marriage that discriminating against LGBT people diminishes their personhood. “By declining to hear this case, the Supreme Court is delaying the inevitable

and leaving a split in the circuits that will cause confusion across the country,” said Greg Nevins, Employment Fairness Project Director for Lambda Legal. “But this was not a ‘no’ but a ‘not yet,’ and rest assured that Lambda Legal will continue the fight, circuit by circuit as necessary, to establish that the Civil Rights Act prohibits sexual orientation discrimination.” Evans’ suit was backed by nearly 80 companies, including Microsoft and Apple, as well as 17 states and the District of Columbia. While the Supreme Court’s decision not hear Evans’ appeal leaves the 11th Circuit decision standing, it also leaves contradictory court decisions in place, including a 2nd Circuit Court ruling that Title VII does, indeed, bar discrimination against LGBT workers.

irreparably harms Washington’s interest in “maintaining and enforcing its antidiscrimination laws, protecting its residents from discrimination, and ensuring that employment and advancement opportunities are not unlawfully restricted based on transgender status.” “Today’s ruling is a major victory for the thousands of transgender service members who serve their country with honor and distinction,” Ferguson said in a statement. “Barring transgender service members from serving based on anything other than their ability and conduct is wrong. “All of us owe a debt of gratitude for every American who answers the call of service in our armed forces, and we are grateful for today’s decision, which affirms [that] everyone who is able and willing can answer that call regardless of color, religion, orientation, birthplace, or gender,” Gov. Jay Inslee said. “While this president can

attempt the practice of division, our nation’s service members and the sacrifices they and their families make demonstrate the power of America standing together as one.” Previously, two federal judges, US District Judge Colleen Kollar-Kotelly and US District Judge Marvin Garbis, issued injunctions in two cases brought by private plaintiffs challenging the Trump ban. Kollar-Kotelly ordered the administration to allow Transgender people to enlist, rejecting the Pentagon’s request that they be kept out pending a decision on the merits of the lawsuit. “The court will not stay its preliminary injunction pending defendants’ appeal,” Kollar-Kotelly wrote in her December 11 decision. “In sum, having carefully considered all of the evidence before it, the court is not persuaded that defendants will be irreparably injured by allowing the accession of

transgender individuals into the military beginning on January 1, 2018.” The Pentagon said in a statement that it would appeal her ruling but comply with her orders and begin processing transgender recruits for military service on January 1. Garbis was the first to decide against the Trump ban, ruling in November that the administration was motivated by animus against Trans people and not by military efficiency. “The lack of any justification for the abrupt policy change, combined with the discriminatory impact to a group of our military service members who have served our country capably and honorably, cannot possibly constitute a legitimate governmental interest,” Garbis stated.

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