SGN Mar 2, 2018 - Part 1

Seattle Gay News

Title VII protects LGBT workers, 2nd Circuit Court says

by Mike Andrew SGN Staff Writer

The 2nd US Circuit Court of Appeals ruled on February 26 that Title VII of the Civil Rights Act does indeed protect LGBT workers against discrimination on the job.

In doing so, it reversed its own precedent – established in 2000 and reaffirmed in 2005 – stating that the law’s prohibition of sex discrimination did not apply to sexual orientation.

The court’s ruling was also a rebuke

LGBT military groups celebrate first out Trans recruit signing up to join the armed forces

Photo courtesy of OutServe-SLDN

WASHINGTON – [On Tuesday, February 27], the nation’s leading lesbian, gay, bisexual, and transgender (LGBT) military organizations, OutServe-SLDN, the American Military Partner Association, and SPARTA, issued statements responding to the news that the first out transgen-

der recruit has signed up to join the US Armed Forces. As first reported by CNN’s Ryan Browne yesterday, “The Pentagon confirmed Monday that the first transgender person has signed a contract to join the US military, a development made possible see TRANS RECRUITS page 11

Victory for married same-sex parents

US Supreme Court allows decision ruling married same-sex parents and married different-sex parents must be treated equally to stand

WASHINGTON, DC – The Supreme Court of the United States announced [on February 26, 2018,] that it will not review the decision in McLaughlin v. McLaughlin, an Arizona Supreme Court case that found a woman to be the legal parent of the child she and her same-sex spouse conceived

through assisted reproduction during their marriage. The National Center for Lesbian Rights (NCLR), Arizona attorney Claudia Work, and Ropes & Gray LLP represented the mother who sought to be recognized as a parent in this case.

see MCLAUGHLIN page 13

Students sue Mississippi town that banned Pride Parade

by Mike Andrew SGN Staff Writer

Two Mississippi students are suing the town of Starkville, home of Mississippi

State University, because it denied them a permit to hold a Pride Parade. Bailey McDaniel and Emily Turner –leaders of Starkville

see STARKVILLE PRIDE page 13

Seattle Gay News

The importance of Black History Month

by Kris Hermanns Executive Director Pride Foundation

https://www.pridefoundation.org/importance-of-black-history-month/2018/02/

As we have been honoring Black History Month throughout February at Pride Foundation, I have been reflecting on this moment we are in – and what “this moment” actually signifies.

For some of us, especially those of us who are white, this moment has been an awakening to the realities of racism across the United States – a heightened awareness that white supremacist beliefs and actions are thriving, and that they permeate our structures, institutions, and interpersonal relationships.

But for many people in our community, particularly people of color, this reality has long been apparent – because it has been a part of their everyday lived experience. Not being aware of the impact of race or the consequences of racism has never been an option.

The difficult reality is that racism is deeply embedded in our institutions and culture. It impacts the lives of many Black LGBTQ people by creating barriers to opportunities and other resources that white LGBTQ people simply do not have to contend with. And this has been the case for generations.

Make no mistake, there is indeed urgency in this moment – because our present

circumstances are truly unique. Throughout our struggles for justice, we have witnessed backlash following the advancements we have made, and today the pendulum is swinging away from justice, and instead toward division and hatred – toward explicit and normalized white supremacy in the current administration, across headlines, and even in our schools. White supremacy has taken on new forms and stronger holds as part of this shift, but the underlying racism is not new or unprecedented.

We must recognize that this moment we are living through is part of a much bigger history of our movements and our country – and it requires action.

Pride Foundation is motivated by the fundamental belief that the humanity of every single person deserves to be recognized, protected, and valued. Since the early 1990s when Brian M. Day, a Black gay activist, established our first named scholarship fund and created the momentum for what the program is today, we have committed to focusing on the people in our communities whose lives and experiences have not been prioritized within our movement.

Addressing white supremacy and racism experienced by LGBTQ communities is a persistent and urgent issue that Pride Foundation has been working on explicitly for the past decade. The cultural and political context of this moment in the United States and across the globe has made publicly affirming and expanding our commitment to racial equity even more critical – and timely. We are committed to doing more, and doing better for every single person in our community.

Please join us in celebrating Black History Month by committing throughout the year to lift up the experiences of Black LGBTQ people. I hope you will take some time to engage with the resources below to learn more about the ways in which the movements for LGBTQ and racial justice work are fundamentally interconnected, and about the work happening on the ground locally, regionally, and nationally.

A few local and national black-led racial justice and philanthropic organizations:

• SANKOFA Collective Northwest

• National Black Justice Coalition

• ABFE | A Philanthropic Partnership for Black Communities

Here is a list of Black-led racial justice orgs compiled by the leadership from the Movement for Black Lives [NOTE: Visit http://www.showingupforracialjustice.org/ black_led_racial_justice_organizations to see the list of Black-led racial justice orgs.]

Ten timely and thought-provoking articles and resources from around the web:

[NOTE: Visit https://www.pridefoundation.org/importance-of-black-historymonth/2018/02/ to access the links to the following articles and resources.]

• Black LGBT Pioneers You Should Know

• Resource for parents and educators on supporting Black LGBTQ students

• 7 Racial Justice Activists Talk About the Evolution of Black History Month

• Half-Century of US Civil Rights Gains Have Stalled or Reversed, Report finds

• Q&A: Effective Philanthropy is Heart Work and Hard Work

• Token History Month explores the unique oppressions experienced by Black LGBTQ people, and the need to confront anti-Blackness in the LGBTQ movement

• Black History Month Roundtable: Imagining Our Bright, Bold Black Queer Futures explores what this month means to a roundtable of Queer and Trans Black people

• Miss Major Is A Trans Elder and Stonewall Icon… And She’s Changing The World

• Queer women are shaping Chicago’s Black Lives Matter Movement

• Why Race Is Dominating Discussion Among LGBT Activists Courtesy of Pride Foundation

A Rainbow of Clues, Seattle Coronation 2018

FEBRUARY 17, 2018 – SEATTLE RENAISSANCE

Additional photos can be found at:

https://www.facebook.com/dancingshutterportraits/posts/777874925734536

https://www.facebook.com/dancingshutterportraits/posts/777869912401704

https://www.facebook.com/dancingshutterportraits/posts/777886005733428

Full-page USA Today ad features bipartisan opposition to Trump’s transgender military ban

Human Rights Campaign, Lambda Legal, OutServe-SLDN, American Military Partner Association, and Gender Justice League take out full-page ad highlighting opposition of military leaders, national security officials, and bipartisan lawmakers to Trump-Pence ban on brave transgender troops

WASHINGTON – [On Monday, February 26], the Human Rights Campaign, Lambda Legal, OutServe-SLDN, American Military Partner Association, and Gender Justice League published a fullpage USA Today ad featuring leading military, national security, and bipartisan officials who agree with the majority of Americans that the Trump-Pence administration’s ban on transgender troops is wrong and hurts military readiness. The ad encourages the vast majority of Americans who oppose the Trump-Pence administration’s effort to ban up to 15,000 active-duty transgender troops to call the White House and demand they put our military readiness and brave service members ahead of politics. The ad will also run in every local Gannett paper nationwide on Wednesday.

“Military leaders, national security officials, and bipartisan lawmakers agree with the majority of Americans who believe the Trump-Pence administration’s ban on transgender troops is not only wrong but hurts military readiness,” said HRC President Chad Griffin. “Donald Trump’s erratic tweets and half-baked orders disrespect the bravery of countless transgender people who have fought and sacrificed for our country. It’s long past time the White House abandon this reckless, unconstitutional ban and give these brave individuals the dignity, respect, and honor they deserve.”

“Six federal courts have already found the tweeted ban on transgender military service is likely unconstitutional, adding the authority of the courts to the widespread criticism the proposed ban has received from military leaders and members of both political parties, not to mention the overwhelming majority of Americans who oppose the ban,” said Sasha J. Buchert, staff attorney at Lambda Legal. “It is time for the Trump administration to end this misguided and discriminatory policy, as there is no amount of polish that will disguise its obvious and unconstitutional intent.”

“This ad is a timely and critical reminder of how the Trump-Pence administration is woefully out of touch, discriminatory, and disrespectful in their position on the brave and courageous service our trans service members demonstrate each and every day,” said Matt Thorn, president and CEO of OutServe-SLDN.

“From former Chairmen of the Joint Chiefs of Staff to lawmakers on both sides of the aisle, along with a majority of Americans, all have agreed that transgender service members are not a burden but essential assets for our 21st century military, our readiness as a country, and our strategic interests. The President and Vice President should heed the words of our current and former military leaders, our civilian leadership, [and] our congressional overseers, and retreat [from] their pursuit of this blatantly unconstitutional, discriminatory ban. The bottom line in an all-volunteer force must be [that] if you meet the standards and requirements, you should and must be allowed to serve our country, regardless of race, gender, sexual orientation, and yes, gender identity.”

“The Trump-Pence administration’s vicious targeting of actively serving military families with a discriminatory transgender ban is unconscionable and based on nothing but blatant anti-LGBT animus,” said Ashley Broadway-Mack, president of the American Military Partner Association. “No military family should have to face the uncertainty and fear Trump and Pence are inflicting on their lives with this

ban. This ad is just a snapshot of the overwhelming number of military experts and bipartisan members of Congress who all agree with the far majority of Americans that any qualified American – regardless of their gender identity – should be able to serve our country.”

The advertisement reads, “Military leaders, national security officials, bipartisan lawmakers in Congress, and a majority of Americans oppose the Trump-Pence ban on transgender troops, which would hurt military readiness. Tell Donald Trump and Mike Pence not to put their politics ahead of our troops. Call the White House: 202-456-1414.”

Making clear the bipartisan opposi-

tion to the ban, the ad features quotes from Sens. John McCain (R-AZ), Susan Collins (R-ME), Tammy Duckworth (D-IL), Orrin Hatch (R-UT), and Richard Shelby (R-AL); Chairman of the Joint Chiefs of Staff General Joseph Dunford; Former Secretary of the Navy Ray Mabus; Former Chairman of the Joint Chiefs of Staff Admiral Mike Mullen; Former Secretary of the Army Eric Fanning; Former Secretary of the Air Force Deborah Lee James; and General Martin Dempsey.

In August, the HRC joined as an organizational co-plaintiff in Karnoski v. Trump, a case brought by Lambda Legal and Outserve-SLDN, challenging the ban in court. The HRC is joined by the

American Military Partner Association, Gender Justice League, and nine individuals as co-plaintiffs in the case. Six separate federal courts have issued rulings blocking implementation of the ban. Barring further court action, the administration cannot implement this ban.

The Human Rights Campaign is America’s largest civil rights organization working to achieve equality for lesbian, gay, bisexual, transgender, and queer people. The HRC envisions a world where LGBTQ people are embraced as full members of society at home, at work, and in every community.

Courtesy of the Human Rights Campaign

TITLE VII

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to Donald Trump’s attorney general, Jeff Sessions, who reversed the Obama-era view and argued that Title VII does not protect LGBT workers.

The court’s decsion came in a suit filed by former Altitude Express skydive instructor Donald Zarda. According to court documents, Zarda sought to calm a visibly nervous female first-time customer by joking that she didn’t have to worry about their close physical contact because he was “100% gay.”

The woman later told her boyfriend about the encounter, and he complained to the skydive school, which then fired Zarda in 2010.

Zarda complained to the Equal Employment Opportunity Commission (EEOC), the federal agency charged with enforcing workplace nondiscrimination laws, which found that his employer had fired him for being Gay, in violation of Title VII.

The EEOC could not reach a settlement with Zarda’s employer, however, and when the case went to trial, the trial court ruled against Zarda, relying on the 2nd Circuit’s previous decisions that Title VII did not apply to sexual orientation.

Although Zarda subsequently died in a skydiving accident, the 2nd Circuit ruling vindicates his suit and upholds the finding of the EEOC.

Writing for the court in the 10-3 en banc decision, Chief Circuit Judge Robert Katzmann, a Clinton appointee, says that Zarda’s estate is “entitled to bring a Title VII claim for discrimination based on sexual orientation.”

“Zarda has alleged that, by ‘honestly referr[ing] to his sexual orientation,’ he failed to ‘conform to the straight male macho stereotype,’” Katzmann writes. “For this reason, he has alleged a claim of discrimination of the kind we now hold cognizable under Title VII.”

In his decision, Katzmann lays out three separate ways in which sexual orientation discrimination is a subset of sex discrimination.

First, Katzmann says, sexual orientation “is defined by one’s sex in relation to the sex of those to whom one is attracted,” which makes it impossible to discriminate on the basis of sexual orientation without taking sex into account.

“In the context of sexual orientation, a woman who is subject to an adverse employment action because she is attracted to women would have been treated differently if she had been a man who was attracted to women,” Katzmann said. “We can therefore conclude that sexual orien-

TRANS RECRUITS

after a federal judge ruled that the military must accept transgender recruits.”

Statement by Matt Thorn, president & CEO for OutServe-SLDN:

tation is a function of sex and, by extension, sexual orientation discrimination is a subset of sex discrimination.”

In other words, Zarda would have kept his job as a skydiver but for the fact he was a man sexually attracted to other men. This is known as the “but for” argument.

Second, Katzmann says that anti-Gay bias is based on assumptions and stereotypes about gender, which the US Supreme Court has ruled are unlawful motives for employment discrimination.

“Viewing the relationship between sexual orientation and sex through the lens of gender stereotyping provides yet another basis for concluding that sexual orientation discrimination is a subset of sex discrimination,” Katzmann writes. “Specifically, this framework demonstrates that sexual orientation discrimination is almost invariably rooted in stereotypes about men and women.”

Third, Katzmann found that anti-Gay workplace discrimination is associational discrimination based on sex because the employer is making a judgment about whom

an employee should have a relationship with.

“Consistent with the nature of sexual orientation, in most contexts where an employer discriminates based on sexual orientation, the employer’s decision is predicated on opposition to romantic association between particular sexes,” Katzmann writes. “For example, when an employer fires a gay man based on the belief that men should not be attracted to other men, the employer discriminates based on the employee’s own sex.”

Joining Katzmann in the decision were Circuit Judges Peter Hall, Denny Chin, Susan Carney, and Christopher Droney. Circuit Judge Rosemany Pooler joined in the decision but rejected the “but for” argument.

Four other judges on the 2nd Circuit – Dennis Jacobs, Robert Sack, Raymond Lohier, and Jose Carbranes – filed concurring opinions in the case that affirmed protections for Lesbain, Gay, and Bi workers under Title VII but reached that conclusion on the basis of different reasoning.

Each of the three states in the 2nd

Circuit’s jurisdiction – Vermont, Connecticut, and New York – already have state laws prohibiting workplace discrimination on the basis of sexual orientation. The Circuit Court’s ruling adds additional protections for LGBT workers, because under Title VII, sex discrimination only needs be one motivating factor to meet the threshold for unlawful discrimination. The state laws, however, require it to be the only factor.

Victoria Lipnic, acting chair of the EEOC, praised the 2nd Circuit for the decision.

“Today, the 2nd Circuit became the second federal court of appeals to hold that Title VII provides legal employment protections for individuals based on their sexual orientation,” Lipnic said. “The EEOC has advanced this legal interpretation for the past few years, and I commend the fine lawyering by the agency that contributed to today’s decision. This is a generous view of the law of employment protections, and a needed one.”

Statement by Ashley Broadway-Mack, president of the American Military Partner Association:

“We are incredibly proud of this young trans American for stepping up to serve our great country, even as Donald Trump shamefully attempts to stop them from serving. This is a huge step forward, as the world’s finest fighting force welcomes into its ranks an out transgender recruit to serve alongside those who are willing to risk their lives for our freedom. At the end of the day, what truly matters with military service is if you are qualified and willing to serve – not your gender identity.”

Statement by Blake Dremann, president of SPARTA:

“Today the military is gaining a new recruit, but that happens every day. Today, it just happens to be the first individual who identifies openly as transgender. What we know is that the military is gaining a recruit who is qualified and meets the standards that have been set forth and that their

“This is a proud day, not just for our country gaining a qualified and dedicated individual who wants to volunteer in our armed forces but also for this young individual who doesn’t have to hide who they are to serve the country they love. We have worked exhaustively to witness this day because we know, as everyone has come to know, that any qualified individual who meets the standards of our armed forces should be allowed to serve regardless of their gender identity. However this fight is not over until the Trump-Pence administration fully retreats from their bigoted pursuit of banning transgender individuals from military service. OutServe-SLDN & Lambda Legal will continue our legal challenge, with our plaintiffs, including HRC, the American Military Partner Association, and Gender Justice League, for as long as necessary to defend transgender service members and recruits who meet the standards and qualifications for their willingness to serve and defend our country.”

gender identity is no longer a disqualifying factor. Our military needs capable, qualified, and dedicated individuals as we continue to tackle potential threats and carry out our current missions. I am proud to have another service member to serve alongside me to help us to carry out those missions.”

OutServe-SLDN (OS-SLDN) is a nonpartisan, nonprofit legal services and policy organization dedicated to bringing about full LGBT equality to America’s military and ending all forms of discrimination and harassment of military personnel on the basis of sexual orientation and gender identity. With more than 50 chapters and 6,000 members around the world, OS-SLDN supports a professional network of LGBT military personnel and strives to create an environment of respect in the military with regard to sexual orientation and gender identity. OS-SLDN provides free and direct legal assistance to service members and veterans affected by the repealed “Don’t Ask, Don’t Tell” law and the prior regulatory ban on open service, as well as those currently serving who may experience harassment or discrimination.

For more information, visit www.outservesldn.org.

The American Military Partner Association (AMPA) is the nation’s largest organization of LGBT military spouses, their families, and allies. A nonprofit organization with more than 50,000 members and supporters, AMPA is committed to education, advocacy, and support for “modern military families.” For more information, visit www.MilitaryPartners.org

Founded in 2013, SPARTA is an association of lesbian, gay, bisexual, and transgender people who currently serve or have served in the US Armed Forces and their families. SPARTA’s membership includes over 600 transgender Americans actively serving in the US Armed Forces. The name SPARTA originated as an acronym for “Servicemembers, Partners, and Allies for Respect and Tolerance for All.” For more information, visit www.spartapride.org.

Courtesy of OutServe-SLDN

Hawai’i appeals court rejects religious justification for B&B that refused room to Lesbian couple

“Diane and Ty’s experience shows just how pernicious and damaging a

religious license to

discriminate would be.”

HONOLULU, Hawaii – [On February 23, 2018,] the Intermediate Court of Appeals of the State of Hawai’i affirmed a lower court ruling against a Hawai’i bed-andbreakfast that denied a room to a Lesbian couple because of their sexual orientation. Aloha Bed & Breakfast, whose owner says same-sex relationships “defile our land,” is represented by the anti-LGBT legal group Alliance Defending Freedom, which has claimed a religious justification for the discrimination. The issue of whether religion gives a business a right to discriminate is also at issue in the Masterpiece Cakeshop case before the US Supreme Court.

“The court today affirmed that there is no excuse for discrimination,” Lambda Legal Senior Attorney Peter Renn said. “Hawai’i law is crystal clear: if you operate a business, you are open to all.” State law prohibits discrimination based on sexual orientation. “The court saw this case for what it was and rightly refused to allow the business owner to use religion as a fig leaf for discrimination,” Renn said.

In December 2011, Lambda Legal filed a lawsuit in the First Circuit Court of Hawai’i on behalf of Diane Cervelli and Taeko (Ty) Bufford, a Lesbian couple who had been denied a room at Aloha Bed & Breakfast in Hawai’i Kai. The couple had contacted the B&B because it was near the home of a close friend who had just had a baby. However, when the B&B owner learned Diane and Ty are a samesex couple, she refused to rent them a room. Diane and Ty contacted the Hawai’i Civil Rights Commission (HCRC), and in the course of the subsequent HCRC investiga-

tion, the owner admitted that she turned the couple away because they were Lesbians, stating that she believed same-sex relationships are “detestable” and that they “defile our land.”

The First Circuit Court ruled for Cervelli and Bufford in April 2013, and Aloha B&B then appealed to the Intermediate

“I can’t tell you how much it hurt to be essentially told, ‘we don’t do business with your kind.’ It still stings to this day,” Bufford said. “We thought the days when business owners would say ‘we’re open to the public – but not to you’ was a thing of the past. You don’t have to change your beliefs, but you do have to follow the law

Court of Appeals. The lawyers for Aloha B&B have argued throughout the case that the religious views of the business owner permit the business to refuse to rent a room to a same-sex couple. The trial court rejected that argument and the appeals court today again rejected that argument.

just as everyone else does. No one should have to experience what we experienced, and we’re grateful the courts in Hawai’i have agreed. It terrifies me to think of what might happen if the U.S. Supreme Court were to decide that businesses do have a religious license to discriminate,” the issue

at stake in Masterpiece Cakeshop v. Colorado Civil Rights Commission

“Diane and Ty’s experience shows just how pernicious and damaging a religious license to discriminate would be,” Lambda Legal CEO Rachel B. Tiven explained. “There is no limit to the places where LGBT people would be harmed if businesses were granted the right to discriminate. It would gut anti-discrimination laws and could turn everyday, routine events into nightmares of denial, rejection, and stigmatization for LGBT people.” Lambda Legal filed a friendof-the-court brief in Masterpiece Cakeshop, marshaling a broad range of examples that painfully and powerfully demonstrate the discrimination LGBT people already experience from cradle to grave.

Lambda Legal Staff Attorney Peter Renn is representing Diane Cervelli and Taeko Bufford with co-counsel Lindsay McAneeley of Carlsmith Ball LLP. The executive director of the Hawai’i Civil Rights Commission also joined the case, and he is represented by HCRC Chief Counsel Robin Wurtzel.

The case is Cervelli v. Aloha Bed & Breakfast. Read the opinion here: https:// www.lambdalegal.org/in-court/legal-docs/ cervelli_hi_20180223_opinion. Read about the case here: https://www.lambdalegal.org/in-court/cases/cervelli-v-alohabed-and-breakfast.

Read Lambda Legal’s amicus brief in Masterpiece Cakeshop v. Colorado Civil Rights Commission here: https://www. lambdalegal.org/in-court/legal-docs/ us_masterpiece-cakes_20171030_amicusbrief.

STARKVILLE PRIDE

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ary 27 in a federal district court. They are seeking an injunction vacating the decision of its city council to deny the group a permit for a Pride Parade planned for March.

The 12-page complaint contends that the four aldermen who voted against the parade did so purely for content-based reasons, and in doing so, violated the members of Starkville Pride’s First and Fourteenth Amendment rights.

“[The city’s] denial of [Starkville Pride’s] application violated and continues to violate [Starkville Pride’s] rights to freedom of speech, assemble, and petition

MCLAUGHLIN

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As the Arizona Supreme Court recognized, the US Supreme Court rulings in Obergefell v. Hodges and Pavan v. Smith require states to treat married same-sex parents and married different-sex parents equally under the law. The Arizona Supreme Court explained: “It would be inconsistent with Obergefell to conclude that same-sex couples can legally marry but states can then deny them the same benefits of marriage afforded opposite-sex couples.”

“The US Supreme Court has twice explained in Obergefell v. Hodges and Pavan v. Smith that the US Constitution requires states to provide the exact same rights to same-sex spouses and different-sex spouses,” said NCLR Family Law Director Catherine Sakimura. “States across the country should take careful note of this decision. Discrimination against married samesex couples will not be tolerated.”

guaranteed by the First Amendment of the United States Constitution, as applied to the states by the Fourteenth Amendment,” the complaint says.

“[The city’s] denial of [Starkville Pride’s] application was based on their viewpoint and the content of the speech at issue. The denial was not necessary to achieve any compelling government interest.”

The complaint also notes that Starkville Pride, which has about 77 members, raised roughly $7,000 to hold the parade, and would have been able to pay the city the estimated $3,220 for street closures to accommodate the parade.

According to The Dispatch, a newspaper that serves Starkville and Columbus, Mississippi, a GoFundMe account in Starkville

Suzan McLaughlin and Kimberly McLaughlin were a married lesbian couple who had a child in 2011 using an anonymous sperm donor. After separating in 2013, Kimberly stopped allowing Suzan to see their child, and Suzan filed a legal action to be recognized as a parent.

The Arizona Supreme Court, the Arizona

Pride’s name indicates the group has raised more than $11,000 as of February 27.

City staff has said the parade permit, which came to the board as a special event request, was properly applied for. Starkville Pride’s complaint notes that public records are available for 88 special event applications from 2012 to February 2018. It says that of those, 80 were approved as part of the board’s consent agenda or were otherwise decided through a vote with no public comment or deliberation.

The complaint also notes that only two of the 88 applications before Starkville Pride’s request involved a substantial public comment or deliberation. Those were 2011 and 2012, and the comments and deliberation were “exclusively logistical in nature.”

Suzan’s rights as a legal parent.

Since the 2015 US Supreme Court marriage equality decision Obergefell v. Hodges, numerous cases have recognized that married same-sex parents and married different-sex parents must be treated equally under the law. In June 2017, the US Supreme Court held in Pavan v. Smith,

“Publicly available records indicate that, since 2010, every special events application considered by the Board (other than Starkville Pride’s) has been granted,” the complaint says.

McDaniel said Starkville Pride only wanted to have its parade for a day of “celebration and inclusiveness.”

“Without explanation or warning, a whole community of people has been denied their constitutional rights,” she said. “We would like to believe that this type of hateful, intolerant behavior does not represent the Starkville community and we hope that the decision will be reversed.”

McDaniel added that Starkville Pride is still planning to host a Pride event on March 24.

For more information on NCLR’s US Supreme Court victory in Pavan v. Smith, [see http://www.nclrights.org/cases-andpolicy/cases-and-advocacy/case-pavan-vsmith/].

The National Center for Lesbian Rights is a national legal organization committed to advancing the human and civil rights of

US Supreme Court will not review Arizona Supreme Court decision in McLaughlin, NCLR says, “States across the country should take careful note… discrimination against married same-sex couples will not be tolerated”

Court of Appeals, and the trial court held that Suzan should indeed be recognized as a legal parent to her child. Professor Barbara Atwood and the Child and Family Law Clinic at the University of Arizona Rogers College of Law, as well as 23 Arizona family law attorneys, the ACLU, and the ACLU of Arizona, filed amicus briefs in support of

another National Center for Lesbian Rights case, that Obergefell required states to treat married same-sex parents and married different-sex parents equally. The Arizona Supreme Court’s decision in McLaughlin reflects this settled law and should be instructive to other states across the country considering this issue.

the lesbian, gay, bisexual, and transgender community through litigation, public policy advocacy, and public education. www. NCLRights.org

Courtesy of the National Center for Lesbian Rights