Nevada enacts domestic partnership law

Same-sex couples in Nevada on Thursday gained many of the benefits of marriage with the enactment of a new domestic-partnership law.

"This gives us the legal rights to act for each other's benefit," said Larry Davis, who, with partner Lee Cagley, was the first to receive a DP certificate. "It's a wonderful privilege, and we're grateful."

Domestic partner benefits revoked in Arizona

The domestic partners of Arizona state workers and their children are among several groups to lose their health insurance coverage under a new law signed by Gov. Jan Brewer (pictured), a woman who has said, "I firmly believe that God has placed me in this powerful position of Arizona's governor ...".

Yikes.

The domestic-partnership benefits, which were made available a year ago via an administrative rule change, represented about $3 million versus the state's $625 million outlay for benefits for other workers and their dependents, according to this article.

2010 Census will be first to include gay data

The results of the 2010 U.S. Census, which for the first time will include data on the number of same-sex spouses, are expected to be cited by LGBT-rights advocates to back the need for new equality measures, as well as their anti-gay opponents to block LGBT progress.

"If they don't have the numbers in front of them, it's easier for the government to rationalize acting like we don't exist," said Judy Verratti, a Georgetown University law student and Washington, D.C., resident who married her partner in California in June of last year.

Was this year the second coming of the Summer of Love?

The Rev. Jay Emerson Johnson makes the case that the summer of 2009 was momentous for gay causes if not quite another Summer of Love.

Gay rights: Is Obama doing better?

The administration of President Barack Obama is winning cautious praise from some LGBT leaders for recent moves, including the naming of Matt Nosanchuk as a point person for LGBT civil rights issues in the Justice Department, awarding Presidential Medals of Freedom to the late Harvey Milk and to Billie Jean King, and spelling out its distaste for the Defense of Marriage Act in a legal filing.

Land Hudson talks about Bill Clinton

Blogger Lane Hudson, who interrupted a speech by former President Bill Clinton to ask about his role in signing into law both the Defense of Marriage Act and the military gay ban, talks about his reasons for putting Clinton the spot and whether he got the answers he sought.

"The point of my question was not to hash up something from 1993 or 1996," Hudson said. "It was to talk about now."

President Obama: DOMA is discriminatory

The White House Office of Media Affairs has just released the following statement from President Obama regarding the Smelt v. United States brief, which is a legal challenge to the anti-gay marriage Defense of Marriage Act:

Today, the Department of Justice has filed a response to a legal challenge to the Defense of Marriage Act, as it traditionally does when acts of Congress are challenged. This brief makes clear, however, that my Administration believes that the Act is discriminatory and should be repealed by Congress. I have long held that DOMA prevents LGBT couples from being granted equal rights and benefits. While we work with Congress to repeal DOMA, my Administration will continue to examine and implement measures that will help extend rights and benefits to LGBT couples under existing law.

Tennessee schools agree to stop online censorship of GLBT information

As a result of a settlement reached in a lawsuit brought by the American Civil Liberties Union, two Tennessee school districts agreed to stop blocking access to online information about lesbian, gay, bisexual and transgender issues. A federal court dismissed the lawsuit against the Metropolitan Nashville Public Schools and Knox County Schools after the settlement was reached.

The ACLU filed the case on May 19 in the U.S. District Court for the Middle District of Tennessee against Metropolitan Nashville Public Schools and Knox County Schools on behalf of three high school students in Nashville, one student in Knoxville and a high school librarian in Knoxville who is also the advisor of the school's Gay-Straight Alliance (GSA).

"We are pleased that a favorable agreement has been reached with the school departments without the need for further litigation. The schools rightly realized that students should be able to access the important information available on the educational Web sites that were being blocked," said Catherine Crump, staff attorney with the ACLU First Amendment Working Group and lead attorney on the case. "This is an important step towards eliminating unconstitutional viewpoint discrimination."

Read more after the jump.


As part of the agreement, the school departments have agreed to stop using "filtering software that blocks or otherwise places a barrier to student or faculty access to the LGBT sites." If they break this agreement, the case will return to the court.

About 80 percent of Tennessee public schools use filtering software provided by Education Networks of America. The ACLU sued the Nashville and Knox school districts after a high school student discovered that the software's default setting blocked sites categorized as LGBT, including the sites of many well-known LGBT organizations. However, the filter did not block access to Web sites that urge LGBT persons to change their sexual orientation or gender identity through so-called "reparative therapy" or "ex-gay" ministries – a practice denounced as dangerous and harmful to young people by such groups as the American Psychological Association and the American Medical Association.

Internet filtering software is mandated in public schools by Tennessee law, which requires schools to implement software to restrict information that is obscene or harmful to minors. However, the "LGBT" filter category does not include material which is sexually gratuitous and already included in the "pornography" filtering category.

"We're pleased that these schools are finally living up to their legal obligation to allow the free and open exchange of ideas and information. Schools that censor educational information out of some misguided assumption that anything about LGBT people is automatically sexual or inappropriate are doing a disservice to their students," said Tricia Herzfeld, staff attorney with the ACLU of Tennessee. "We are pleased that both school boards in this case have agreed to respect students' rights and refrain from this sort of censorship in the future."

In addition to Crump and Herzfeld, attorneys that worked on the case were Chris Hansen of the ACLU First Amendment Working Group and Christine Sun of the ACLU LGBT Project.

Find out more information about the work the ACLU does on behalf of GLBT rights here.



Decision time for Prop. 8 repeal

A decision is expected today from Equality California on whether it supports trying to repeal the state's Proposition 8 marriage ban next year or will wait until 2012. Another group, the Courage Campaign, on Thursday is set to reveal whether a $200,000 challenge grant to do advance work for a 2010 repeal vote has been matched. Both announcements are timed to a suggested deadline of Sept. 25 to hand in signatures to quality for next year's ballot, according to this article.

Minority set-asides for gay firms are pondered in Chicago

The possibility of trying to include set-asides for LGBT firms under Chicago's minority-contracting awards has been broached by out Alderman Tom Tunney. Although the city is open to exploring the concept, the set-asides may not be fully supported by the LGBT community.

"We know we've been disadvantaged," Tunney said. "But, there are programs for women already. And the perception is this would only enhance gay white males. That's why there's not consensus within our community."

Catholics good for gay rights?

States with a higher percentage of Catholics have a greater likelihood of backing LGBT rights, according to new research. Mark Silk, head of the Leonard E. Greenberg Center for the Study of Religion in Public Life at Trinity College, found "six of the eight states where 50% or more of the public supports gay marriage are the states with the highest proportion of Catholics."

NYC Council Speaker to Obama: Do more for LGBT people

New York City Council Speaker Christine Quinn, in remarks at a fundraiser for the upcoming LGBT-rights march in Washington, D.C., recounted an incident during which she urged President Barack Obama to "do more" for LGBT people. "I'm happy there's something we can organize around in October to send a clear message that we're thrilled that he's the president and we're thrilled that Democrats have control of the House and the Senate, but it's simply not enough," Quinn said.

Bisexual tax activist could face prison time

A United States Tax Court has denied gay rights activist, author and artist Charles Merrill his joint filing status, effective July 2009. The determination concludes that Merrill owes the federal government nearly a million dollars for not paying taxes in 2004 and 2005, a time during which he and his partner were publicly committed and residing in North Carolina. While living in that state, Merrill was prohibited from filing jointly due to the Defense of Marriage Act (DOMA), yet he couldn't legally marry due to North Carolina law.

"When the court recognizes the legality of same-sex marriage and the unconstitutionality of DOMA, and removes any possibility for persecution of what is my right, then I will gladly pay toward the system -- but not until then," Merrill says. "I'm pleased to receive the support and recognition of so many people who grasp the seriousness of this fundamental flaw within our country's laws. Their great attention to this issue gives me hope for change. I've committed no crime here, but the laws that have been placed against me and so many other gay couples nationwide are most certainly a crime against humanity."

Merrill, who is bisexual, moved with his partner Kevin Boyle to California, where they married and have lived since 2008. He was also married for 23 years to Evangeline Johnson, the only daughter of Johnson & Johnson founder Robert Wood Johnson. Having experienced the tax-code benefits afforded to straight, married couples, he realized firsthand exactly how unfair the laws were when applied to same-sex couples.

As a consequence of not paying the taxes deemed owed by the U.S. Tax Courts in this case, Merrill could face prison time. Failure to fork over the money is a misdemeanor, whereas filing jointly under DOMA is a felony (1996, Mueller vs. Commissioner). While Merrill does have tax attorneys interested in pursing the case, the activist says the courts move slowly and that time is on his side. His age, 75, is to his advantage, he says, and that's yet another reason to remain hopeful about and true to his mission, and ignore government intimidation.

Justice Department releases occupational fact sheet about HIV/AIDS

The Justice Department today released a new technical assistance fact sheet on legal requirements relating to admitting individuals with HIV or AIDS to occupational training schools and granting state licensure in occupations such as barbering, massage therapy and home health care assistance.

Persons with HIV and AIDS unfortunately still face obstacles in obtaining training and state licensure in these occupations because of overly broad state licensure requirements that applicants be free of communicable diseases. Because HIV disease is not communicated through casual contact, excluding individuals with HIV under these licensure requirements is unnecessary and discriminates against these individuals in violation of the Americans with Disabilities Act. This publication is intended to provide guidance for state licensing agencies and occupational training schools so that individuals with HIV or AIDS have an equal opportunity to pursue these occupations.

More after the jump.



“People with HIV or AIDS should not be denied access to their chosen profession because of outdated laws or unfounded stereotypes and fears. The Civil Rights Division of the U.S. Department of Justice is committed to the full and fair enforcement of the Americans with Disabilities Act,” said Loretta King, Acting Assistant Attorney General for the Civil Rights Division.


The Americans with Disabilities Act protects individuals with disabilities from discrimination in all activities of state and local government entities and by public accommodations. This publication and additional information about the Civil Rights Division is available at the Department’s ADA Web site at http://www.ada.gov.






First Chico's Tacos, now the Salt Lake City Mormon temple

A gay couple claims they were detained - and then charged with trespassing by police - near the Salt Lake City Mormon temple after exchanging a hug and kiss because "public displays of affection aren't allowed on the property."

What?

I'll be following up on this.

Chico's Tacos protest

Whoo-hoo! A bunch of people protested at Chico's Tacos last night after the restaurant threw out a couple of gay guys for kissing.

Kicked out for kissing

So two gay guys were kicked out of an El Paso, Texas restaurant for kissing and when they called the cops to complain, wait for it ... the cops told the gay guys that homosexual conduct was illegal!

It's not.

The Texas law against homosexual conduct was ruled unconstitutional by the U.S. Supreme Court in 2003.

2003?!?

Homosexual conduct was illegal in Texas until 2003?

Un-effing-believable.

Between this story and the one about the kids being kicked out of the pool in Philadelphia the other day I am about to go on a rampage.

I think it might be a good idea to contact both Chico's Tacos and the El Paso Police Department and let them know what we think about all of this.

The phone number for the Chico's Tacos where this happened is 915-849-8777.

Myspace's Anti-Chico's Tacos group has 153 members already. Join up today.

U.S. House holds hearing on employment benefits for LGBT Federal employees

The U.S. House Oversight and Government Reform Subcommittee on Federal Workforce, Postal Service and the District of Columbia frecently held the first U.S. House hearing on H.R. 2517, the “Domestic Partnership Benefits and Obligations Act” (DPBO). Coordinated by Committee Chairman Rep. Stephen Lynch (D-MA), the hearing highlighted the important need for equal employment benefits for LGBT federal civilian employees.

“This historic hearing is an important step toward guaranteeing equal compensation for lesbian and gay workers serving our government at home and abroad,” said Human Rights Campaign President Joe Solmonese, in written testimony submitted in the record. “Equal pay for equal work is a value fundamental to American opportunity. The federal government should be the standard bearer for fair workplace practices, but has lagged behind the top employers for too long. By passing the DPBO, Congress can bring the federal workforce into the 21st century, ensuring that all of its workers are treated fairly and that the best and brightest are attracted to federal service.”


he hearing included testimony from several witnesses, including Rep. Tammy Baldwin (D-WI); OPM Director John Berry; Former Ambassador Michael Guest; Carol Wright, VP for Corporate Human Resources at American Airlines; Lee Badgett of the Williams Institute; Candy Holmes, a GAO employee testifying on her own behalf; and Gregory Franklin from the California Public Employees’ Retirement System.

“Building and maintaining a strong workforce begins with treating workers fairly. LGBT federal workers in committed relationships are not offered the same employment benefits as their married coworkers. This is wrong,” said Rep. Baldwin. “It is time for the federal government to follow the lead of many private sector employers who value all their workers and provide employee benefits that cover all families.”

The Domestic Partnership Benefits and Obligations Act (DPBO) was introduced in the 111th Congress by Senators Joe Lieberman (ID-CT) and Susan Collins (R-ME) in the Senate and by Representatives Tammy Baldwin (D-WI) and Ileana Ros-Lehtinen (R-FL) in the House. DPBO would provide the same family benefits to lesbian and gay federal civilian employees as are already provided to employees with different-sex spouses. To receive benefits, employees would have to submit an affidavit of eligibility for benefits with the Office of Personnel Management, certifying that the employee and domestic partner meet necessary criteria, as provided in the Act.

DPBO would bring employment practices in the federal government in line with those of America’s largest and most successful corporations. Fifty-seven percent of Fortune 500 companies provide domestic partner benefits to their employees. In addition, 23 states, the District of Columbia, and over 150 local governments make benefits available to public employees and their same-sex partners. A May 2000 poll conducted by the Associated Press found that a majority of Americans favor the extension of health insurance coverage to same-sex partners. In addition, this legislation has been endorsed by the American Federation of Government Employees, American Federation of State, County and Municipal Employees, Harvard University, National Treasury Employees Union and United Church of Christ.

“It is time for the federal government to be doing what many Fortune 500 companies have been doing and that is provide federal benefits to gay federal civilian employees as we do with different-sex spouses. The federal government should be leading by example in this clear case of equal pay for all. I urge my colleagues to support this bill and send an unequivocal message that the federal government treats all its employees equally,” said Rep. Ros-Lehtinen.



Gay sex no longer illegal in India

An appeals court in India has struck down a colonial-era law criminalizing homosexuality. Although the ruling covers only the region that includes India's capital, it likely will have a wider effect: The Indian government could appeal it or decriminalize homosexuality for the entire nation.

Joe Biden "not unaware" of LGBT dissatisfaction with administration, promises action

Gawker reports on a recent Joe Biden appearance in which he promised "the repeal of the Defense of Marriage Act and Don't Ask, Don't Tell, the passage of the Lieberman-Baldwin bill on health benefits, a ban on workplace discrimination, adoption rights for all and an end to the HIV travel ban."