The National Center for Lesbian Rights Newsletter | SUMMER 2012
FOR JUSTICE
NCLR NCLRights.org Facebook.com/NCLRights Twitter.com/NCLRights YouTube.com/NCLRights BLOG NCLRights.WordPress.com NCLR Celebrates 35 Years
Snapshots from NCLR’s 35th Anniversary Celebration.
More than 1,500 people celebrated NCLR’s 35th Anniversary SAVE THE DATE: Celebration in San Francisco on May 5th, 2012, recognizing the NEXT YEAR’S ANNIVERSARY accomplishments of six student plaintiffs from Minnesota’s CELEBRATION IS Anoka-Hennepin School District and the fabulous Jane Lynch. MAY 18, 2013
When Dylon Frei stepped up to the podium at the The six students—Dylon, Brittany Geldert, Damian is proud to be out, and someone who is unafraid Anniversary Celebration to accept an award for McGee-Backes, Ebonie Richardson, Kyle Rooker, to speak up,” Dylon told the crowd. “I learned his courage, he did so with a confidence he didn’t and Kyrstin Schuette—were honored with NCLR’s that one voice is enough to create change, and have a few years ago. Courage Award for standing up to the district, six voices can make a lasting impact that will which resolved the lawsuit in March 2012 by “I’m gay—and I’m happy,” the 15-year-old said to benefit thousands of other students now and in agreeing to sweeping changes to protect those a roar of applause from the sell-out crowd before the future.” who either are or are perceived to be LGBT. accepting his award and waving it over his head. Brittany couldn’t contain her emotions as she One-by-one, the students told the audience about Just last year, Dylon joined five other students stepped up to the podium—choking back tears as their experiences, but more importantly how their who filed a federal gender and sexual orientation partygoers shouted, “we love you” and “you go lives—and the lives of countless classmates—have harassment lawsuit against Minnesota’s Anoka- girl”—and said she got involved with the lawsuit changed for the better since they decided to Hennepin School District, challenging a district to try to stop bullying in the district, which was speak out against the policy. policy that made it difficult for staff to protect labeled a “contagion area” after nine students them from anti-lesbian, gay, bisexual, and “It was through the lawsuit that I really found who had attended district schools took their own transgender bullying. myself—someone who is young, someone who lives between 2009-2011. CONTINUED ON PAGE 3…
THE Maryland AAGENDA Maryland Marriage Obama’s Work NCLR Helps Launch “Why I Have to Update on NCLR’s Donor Profile: NCLR Case Highlights Advancing Nike LGBT Sports Speak Out” Active Work Talks with Julie Hash Emerging Issue LGBT Issues Summit and Carol Meyer
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ANNOUNCEMENTS
FOLLOW KATE @ Stay Up-To-Date with NCLR! NCLR is committed to fighting for your rights, and keeping you informed of all the legal Facebook.com/KateKendell decisions and key policies that impact your lives, as well as the lives of your family and friends. Twitter.com/KateKendell As always, our legal team provides you with KATE’S BLOG NCLRights.org/KatesBlog comprehensive analysis of important legal developments, breaking down and interpreting legal issues for you, and, in the process, answering your questions about how these issues affect you.
Log on, sign up for our email list, and stay tuned MESSAGE FROM THE EXECUTIVE DIRECTOR in to all of our latest work and LGBT news.
NCLRights.org Facebook.com/NCLRights Making History, and Twitter.com/NCLRights YouTube.com/NCLRights Celebrating It! NCLRights.WordPress.com
As I write this, I am still buzzing from both the NCLR 35th Do You Tweet @NCLRights? Anniversary Celebration and President Obama’s announcement Comment on Facebook? fully affirming the dignity and equality of same-sex couples When you tweet and Facebook us, we listen— by supporting our freedom to marry. THAT, my friends, makes and we love hearing what you have to say. for a pretty awesome start to summer! Let us know what you’re thinking. We’ll publish some of our favorite tweets and Facebook Our Anniversary Celebration was a perfect mix of emotion and pure fun. We honored the six posts here and in our e-newsletter. students in our lawsuit against Minnesota’s Anoka-Hennepin School District who stood up to a virulently anti-LGBT district policy AND those who took the policy as license to terrorize kids who were “different.” John Bare @JBinSFO Five of our clients joined us for the evening, four of them with their parents. The fabulous I am always overcome with emotion as we Wilson Cruz presented them with the NCLR Courage Award, saying, in part, that they “made conclude another @NCLRights gala, this their history by making district schools safer for all students.” When each of the kids spoke, stand- #nclr35th. I am TRULY privileged 2B among ing with their parents and attorneys, truly being embraced by more than 1,000 loving folks such heroes who fully supported them, well, let’s just say, the tissues were out in full force. Later at the Anniversary Party, these five young people, all of whom had been made to feel, in the words of one, “gross,” danced up on the stage for two full hours. The lump in my throat never left.
Claire Bernish We also honored the legendary Jane Lynch. Jane and her wife, Lara Embry, are great friends to NCLR, and despite enormous popularity and success, Jane is unfailingly gracious. Lara xoxo ♥ presented her wife with the NCLR Vanguard Award and I think it is safe to say that her tribute marks the first time an award recipient has ever been referred to as a “muff-diver.” It was a hilarious moment in a heartfelt and loving speech. Jane, as always, credited others for her success and demonstrated once again why she is a role model.
Two days after the Celebration, I headed to New York and it was there, standing with NCLR Deputy Director Arcelia Hurtado in front of Lincoln Center that we heard the news of Obama’s support for marriage equality. Arcelia and I screamed and hugged. It is a tremendous thing to have the unconditional support of our President in affirming our full humanity and dignity. In the days that followed, more people and organizations—Colin Powell, Jay-Z and the NAACP—have also come out in support of marriage equality. Now, many weeks later, it is clear that something has shifted—we are never going back, and a new high water mark has What’s That? been reached. The arc has tilted just a bit more. Wondering what that strange looking symbol We are living in an amazing, complicated, fascinating, and troubling time. We are called to is above? It’s a QR code! We’ve placed them engage and respond and care as never before. At NCLR, we do our best, day in and day out, throughout the newsletter for easier and faster to answer the call. We never doubt the privilege it is to do this work, we never question the access to more content on our website. outcome, and we never lose hope that every small act makes an impact. We have been doing Here’s How To Use It… this for 35 years—and look at where we are now. You have been with us every step of the way. 1 Search for and install a free QR reader app Your support, faith, and encouragement have brought us to this day. Thank you and onward. on your smart phone or tablet. 2 Launch the app and focus your device’s built-in camera on any QR code. 3 Click ‘scan’. Voila…you’re connected with online Kate Kendell, Esq. content in seconds! SUMMER 2012 3
MARRIAGE
Wedlocked No More! Maryland Victory Sheds Light On An Emerging Issue for Married Same-Sex Couples Across the Country
What would you do if you were married to a same-sex partner and wanted to end your relationship, but lived in a state that won’t allow you to divorce? Across the country, more lesbian, gay, bisexual, and transgender Maryland people are finding themselves in this situation.
Professor Nancy Polikoff, drafted similar legisla- recognized marriages from other states, By Shannon Price Minter, Esq. tion for the District of Columbia. That legislation regardless of whether the couple could have NCLR Legal Director went into effect May 31. Vermont passed similar married in Maryland, and asked the Court to legislation, which went into effect on July 1. apply the same rule to the marriages of same-sex couples. Lambda Legal and Maryland attorneys Every year, more states and countries allow NCLR has also been helping family law attorneys Mark Scurti and Leslie Stellman of Hodes, Pessin same-sex couples to marry. But in the states that across the country develop the best legal and Katz, represented the other spouse. continue to bar same-sex couples from marriage, arguments to help couples facing this stressful a new legal question is emerging: will the state dilemma. In some states, trial courts are On May 18, 2012, in a unanimous decision, the permit married same-sex couples to divorce, quietly granting divorces or using other legal Maryland high court adopted our arguments even though it will not allow them to marry? mechanisms to dissolve these marriages. and ruled that Maryland must recognize these marriages. We are thrilled by this decision, which If not, these couples are stuck in a terrible legal In other states, appellate courts—which have means not only that married same-sex couples limbo. They are legally married, and their mar- the power to define the law across an entire in Maryland who have broken up will no longer riages are recognized in many places. But they state—are ruling on this issue. be in legal limbo, but also that Maryland will cannot get a divorce where they live, and they On May 18, 2012, in an NCLR case, Maryland’s recognize marriages between same-sex spouses cannot file for divorce in another state because highest state court ruled that Maryland will for all purposes. Especially because same-sex they are not residents there. As a result, these recognize the marriages of same-sex couples couples can marry in the District of Columbia, couples are “wedlocked”—they are locked into a who married in other places, even though they which is right next door to Maryland, this is a legally binding marriage with no way to divorce. cannot marry in Maryland. The couple in the huge step forward. NCLR has been working hard to come up with case—Jessica Port and Virginia Cowan—married NCLR is proud to be on the forefront of family legal solutions to help these couples. In 2011, in California in 2008. In 2010, after they decided law issues and to partner with some of the NCLR worked with California legislators to their marriage had come to an end, Jessica filed most creative, visionary, and resourceful private change the residence requirement for filing for for divorce in Prince George County, Maryland. attorneys in the country. If you are an individual divorce in California. The old law required that The trial judge found that Jessica and Virginia or an attorney seeking a divorce in a state that at least one spouse must have lived in California met all of the legal requirements to divorce. But does not permit same-sex couples to marry, for six months before filing for divorce here. The the judge denied the divorce, saying that “to please let us know! We will be sure you have new law allows couples who married in California recognize the alleged marriage would be contrary the most up-to-date information on legal to the public policy of the state of Maryland.” to divorce in California if the couple lives in developments on this important new issue. a state that will not permit them to divorce even NCLR and co-counsel, Maryland attorneys if neither spouse is a current California resident. Michele Zavos and Eva Juncker of the Zavos More on the case at In 2011, two members of NCLR’s National Family Law Group, represented Jessica in appealing the NCLRights.org/PortvCowan Law Advisory Council, Michele Zavos and decision. We argued that Maryland has always
CONTINUED FROM COVER
“I lost my closest friend, Samantha, who took her “I am honored and proud to be recognized by own life because she couldn’t take any more of NCLR, which has given LGBT people and their the constant name-calling, bullying, and harass- families hope through its tireless work to gain ment,” Brittany said. “When I decided to stand up dignity, respect, and, above all else, equality against the district with the lawsuit, I wasn’t only for all,” Jane said. “I love the selflessness and doing it for myself, but for all other students who generosity of the organization … I feel like I have experienced similar mistreatment and pain. should be honoring them.” And I did it especially in Sam’s memory.”
NCLR also presented acclaimed actor Jane Lynch Check out event photos at: Back row: Student plaintiffs Dylon Frei, Kyrstin —of “Glee,” Julie & Julia, and countless other Facebook.com/NCLRights or Schuette, Damian McGee-Backes, former NCLR client films—with its Vanguard Award for using her sky- NCLRights.org/2012Anniversary. Lara Embry, actress Jane Lynch, actor Wilson Cruz; rocketing fame as a platform to raise awareness Watch event videos at: Front Row: emcee Kate Clinton, student plaintiff about bullying and creating safe environments YouTube.com/NCLRights Kyle Rooker, NCLR Executive Director Kate Kendell, for students to go to school. and student plaintiff Brittany Geldert. 4 OUT FOR JUSTICE
President Obama’s Record on LGBT Issues
President Obama’s history-making announcement they are married, and directed every federal agency to identify and provide every spousal that he supports marriage equality marked the benefit that can legally be extended to same-sex partners of federal employees. first time a sitting President has ever embraced full equality for our families and community. With that landmark announcement, the President has changed HOUSING the national conversation about our families. The Department of Housing and Urban Development (HUD) has been particularly active in combatting housing discrimination against LGBT people, and NCLR is proud to have worked By Maya Rupert, Esq. RELATIONSHIP RECOGNITION closely with them on many of these efforts. NCLR Federal Policy Director In 2010, HUD announced that all grant-seekers applying for funds from HUD must comply with In February 2011, President Obama declared his state and local laws prohibiting discrimination The President’s announcement that he supports belief that the so-called “Defense of Marriage based on sexual orientation or gender identity. marriage equality has encouraged other high- Act” (DOMA) is unconstitutional and directed It also announced that it would interpret the profile leaders and organizations to express their the Justice Department to stop defending this Fair Housing Act’s prohibition against sex support for marriage equality, most notably the unjust law in court. NCLR was proud to have discrimination to protect transgender and gender NAACP, which decided in a near-unanimous vote been involved in the advocacy efforts that led non-conforming people. In September 2011, to pass a resolution officially supporting marriage to this announcement. In high-level meetings NCLR co-hosted a webinar with HUD that equality. The President also adds his voice to a with the Justice Department, White House educated HUD staff and housing providers on growing chorus of people of faith who embrace Counsel, and even President Obama, we urged these new pro-LGBT rules. In December 2011, equality not in spite of their religious beliefs, but the administration to take this position. The NCLR once again partnered with HUD and HHS because of them. government now joins LGBT advocates in cases to hold the first-ever national summit on housing It would be tempting to see this moment as the involving DOMA, urging federal courts to strike and health discrimination against LGBT elders. most significant of the President’s efforts on down the law as unconstitutional. More recently, Just this past January, HUD announced its LGBT behalf of the LGBT community. But this incredible the Department of Veteran’s Affairs adopted Equal Access Rule that will protect LGBT people proclamation is only the most recent step in the this position as well and declared that it would and families from discrimination in public and President’s determined march toward equality not defend DOMA in cases where same-sex HUD-insured housing and housing programs. for the LGBT community. It joins a steady stream spouses of veterans seek spousal benefits. NCLR was a lead partner with HUD in the of moments that have defined his presidency and development of this rule. We were the lead forever raised the bar for what can be expected drafters on comments that were joined by over of leaders working with the LGBT community. 30 other organizations suggesting changes The President’s impressive legislative record FAMILIES & PARENTING to a previous version of the rule, many of which includes signing both the Matthew Shepard and were incorporated into the final version. NCLR James Byrd Jr. Hate Crimes Act and the repeal co-hosted an event with the White House of Don’t Ask, Don’t Tell. And when Congress At the same time, the administration revised the and HUD to give an overview of the rule to would not act, this administration has taken regulations enforcing the Family and Medical stakeholders, and has been working with HUD strong actions to include and protect the LGBT Leave Act to ensure that LGBT parents can take offices across the country to provide trainings community in every area under executive control. family leave under the Act, regardless of whether on implementing this historic rule. SUMMER 2012 5
both nationally and internationally. In December HEALTHCARE 2011, Secretary of State Hillary Rodham Clinton gave a historic speech in which she told the “[The President’s announcement United Nations that violence and discrimination of support for marriage equality] The President is strongly committed to ensuring against LGBT people is a core human rights issue. joins a steady stream of moments equal access to high quality health care for all Subsequently, the administration directed all people. In April 2010, President Obama directed federal agencies engaged abroad to use U.S. that have defined his presidency the Department of Health and Human Services diplomacy to promote and protect the human and forever raised the bar (HHS) to identify ways to increase access to care rights of LGBT people. for what can be expected of for LGBT patients and their families. In response, HHS released a rule on hospital visitation that In the United States, NCLR has worked with the leaders working with the LGBT administration to host three meetings on violence would give all patients the right to be visited community.” by loved ones, regardless of sexual orientation, against transgender women with the Department gender identity, or marital status. NCLR was a of Justice, HHS, and the White House. We also key partner with HHS on the development of this worked with numerous federal agencies as they rule and was the lead drafter on comments that revised their internal nondiscrimination policies to include gender identity. The administration has played an important role in shaping the final rule. lawsuit were jointly resolved earlier this year in also helped make the transgender community a groundbreaking agreement that requires the HHS has also made extraordinary efforts to more secure by simplifying the process of district to make sweeping changes in its bully- protect the health and well-being of the LGBT changing gender markers on passports. ing policy, with oversight and accountability to community through regulations under the Patient federal officials. The President has also endorsed Protection and Affordable Care Act (ACA). This the Student Non-Discrimination Act and the Safe has included prohibiting insurers from refusing Schools Improvement Act, which would provide to cover people based on their sexual orientation YOUTH necessary federal protections against bullying, or gender identity, increasing data collection violence, and harassment targeting LGBT youth. efforts that include LGBT people, and working The White House also hosted a summit on bully- to decrease health disparities within the LGBT The administration’s commitment to protecting ing, specifically addressing the need to protect community. LGBT and gender non-conforming youth in our LGBT youth, where I participated on two panels schools has been unparalleled. At the same time with administration officials on promoting safe that NCLR and the Southern Poverty Law Center schools and communities for LGBT people. filed a lawsuit on behalf of six students who ADDITIONAL CIVIL RIGHTS had faced constant and severe harassment in Since taking office, President Obama has been the Anoka-Hennepin School District in Minnesota, nothing short of a champion for the rights the Department of Justice and Department of LGBT people and their families, and NCLR The Obama administration has been especially of Education were conducting their own has been proud to have worked closely with committed to stopping violence, harassment, and investigation of conditions in the district. The the administration on many of its life-changing discrimination against LGBT youth and adults— government’s lawsuit and the student plaintiffs’ efforts on behalf of our community.
SPORTS
Inaugural Nike LGBT Sports Summit
Last month, NCLR helped launch a first-of-its kind summit at the Nike World Headquarters in Oregon, where leaders in the fight to combat LGBT discrimination in sports combined their knowledge and expertise in a historic coalition-building effort.
culture of sports—making it more inclusive and LGBT sports participants,” said Carroll. “All By Helen Carroll respectful, and a safe, positive environment participants are excited to work together, and NCLR Sports Project Director for LGBT sports participants and allies. we look forward to the strides that will be made to make all playing fields more inclusive.” The summit focused on four key mainstream For the last several months, OutSports.com’s sport arenas: kindergarten through high school Participants included: National Collegiate Athletic Cyd Ziegler, GLSEN’s Changing the Game Sports athletics and physical education; collegiate Association Executive Vice President and Chief Project Director Pat Griffin and I have worked athletics; recreational sports; and professional Inclusion Officer Bernard Franklin; Portland with Nike representatives to organize the sports. The summit took place over several days, State Basketball Coach Sherri Murrell; It Gets groundbreaking, strategy-building summit with participants identifying specific action items Better Campaign’s Stephanie Laffin; Stand Up that attracted dozens of leading organizations to help combat homophobia and transphobia, Foundation’s Ben Cohen; CNN and ESPN’s and people working to eliminate homophobia/ and forming committees that will work together LZ Granderson; Oregon State Softball Coach Kirk Walker; transgender basketball player Kye transphobia in sports. over the next year to set the actions in place. Allums; Campus Pride’s Shane Windemeyer; You The summit—held June 14 to June 18—was based “Having Nike, the sports industry giant, support Can Play’s Patrick Burke; Athlete Ally’s Hudson on the belief that collaboration, communication, this work sends a strong message to the entire Taylor; and others from GLAAD, Pennsylvania and coordination will accelerate change in the athletic world that fairness and equality include State University; and the Gay Games. 6 OUT FOR JUSTICE
YOUTH
Why I Have to Speak Out
A California lawmaker recently introduced a bill—co-sponsored by NCLR— that would prohibit mental health professionals from subjecting young people to practices that try to change their sexual orientation. One victim of this abuse tells his story.
That’s why I have to speak out. These practices amount to medical abuse, attempting to fix a God-given part of who some of us are. What goes on in this so-called therapy? When I was 46, my depression began to overwhelm me and I turned to a therapist who told me he could help me continue to live a straight life. Every week between 2001 and 2004, I experienced the complete frustration of attending sessions, but making no change in my sexual orientation. He continued to urge me to be more “like a man” by praying harder, getting involved in sports, and “lusting” after women.
Most dangerously, he attempted to “father” me, providing a supposed transference to the “dad I never had.” Each week, my depression and shame worsened as there was no change in my core orientation, and my therapist offered no other way out, leaving me feeling like a failure.
Completely discouraged, and contemplating taking my own life, I moved on to another thera- “reparative therapy” or “conversion therapy,” pist for help. Slowly, my new therapist helped By Peter Drake which is based on the false belief that being me accept myself as a gay man, and helped Guest Columnist lesbian, gay, bisexual, or transgender can be me free myself to live an emotionally, spiritually, “cured” or “controlled.” Part of this idea is that and physically integrated life. With support from you can “pray your way” out of being gay. I’ve known since I was 13 that I was attracted to my wife, my faithful straight marriage ended men, but I buried these feelings after becoming California Senator Ted Lieu recently introduced amicably. Now, I have complete support from my a born-again Christian at 19. For the many years a bill that would prohibit mental health practi- family, my friends, and everyone I know except that followed, I lived a faithful straight life— tioners from subjecting young people to any the most conservative members of my previous getting married to a wonderful woman, having practices to try to change their sexual orientation. faith community. two beautiful children, and immersing myself I testified in support of the bill, in hopes that Recently a more progressive pastor said to me, in my church. my story would show legislators the terrible “Peter, I am glad you are ready to be the man harm these practices can cause. God made you to be.” These are the words I But, I was fighting a slow, losing battle with my needed to hear long ago when I entered therapy. sexual orientation. I was always faithful in my In many church communities in large cities We must all be celebrated for who we were marriage, but I did not sense validation for and small towns, teenage youth are still being created to be, and I pray that our youth will not who I really was. In mid-life, as my depression coerced into these harmful practices by well- be exposed to the disheartening, potentially meaning parents who love their children, but deepened, I turned to a dangerous form of devastating idea that their sexual orientation wrongly believe that being LGBT means their “therapy” that promised to make me straight, can be changed. but only made me sink deeper into depression child cannot have a happy, productive life. These and shame. At my lowest point, I considered “reparative therapists” falsely claim they can Peter Drake now lives in San Francisco with his “reprogram” a young person away from growing taking my own life, blaming myself when this partner Philippe Berthoud. Peter and Philippe met up to be LGBT. These are ill-advised, ineffective, through a support group called Husbands Out “therapy” did not work. and dangerous practices. It is wrong to put to their Wives (HOW). Together, they have started My story is far from unique, and in sharing it this pressure on a young person, who is being the Coming Out Into Light Foundation (COIL) to I hope to spare others—especially younger “counseled” that such a core aspect of his or her work on issues of spiritual and social justice for all people—from the harm caused by so-called identity is unacceptable and can be changed. LGBT people.
SHOP NCLR! SUPPORT THE FIGHT FOR JUSTICE!
NCLRights.org/Shop SUMMER 2012 7 THEAGENDA THE LATEST ON NCLR LEGISLATION, LITIGATION, ADVOCACY, EDUCATION, TRAININGS, AND MORE…
The Agenda Explained…
Formerly called “The Docket,” The Agenda will Quick Reference Graphics continue to offer highlights and updates on We’ve built in icons and labels to make for quicker our litigation. It’s been expanded to include the identification of the type and location of the same for legislation, public advocacy, public highlights and updates. And victories, losses, and education, and trainings. pending cases have been labeled as such in green, red, and blue. Arrangement of Highlights Content has been grouped and arranged by QR Codes issue area (e.g., Elder Law, Marriage, Youth, etc.). Last, but not least, each issue area includes a QR When possible, we’ve included a link to indicate code. Simply scan a code with your smart phone additional content for a particular highlight on or tablet and instantly be taken to information our website. pertaining to that issue on our website.
like this one SCAN QR CODES ELDER LAW for more info on each issue. PUBLIC EDUCATION PA
Temple University: Aging and the Law: The Next Civil Rights Movement? LEGISLATION CA Presented on LGBT elders in long-term care, LGBT history, and strategies to improve AB 641 – Medicaid Spousal PUBLIC EDUCATION CA care for elders. Impoverishment Bill Drafted and currently advocating for the Alzheimer’s Association Conference passage of a California law mandating full Presented to the Alzheimer’s Association’s PUBLICATION protections for low-income LGBT elders annual “Updates on Dementia” conference who have Medicaid. regarding provision of care to LGBT elders. LGBT Long-Term Care Publication Co-produced a groundbreaking study and
LITIGATION report on discrimination faced by LGBT CA PUBLIC EDUCATION MA VICTORY people in nursing homes.
Read more: NCLRights.org/Longterm_Care In re M. Harvard University LGBT Elder Conference Successfully obtained in-home care services Presented on elders in long-term care and the
for a transgender elder previously denied evolution of LGBT activism since Stonewall. PUBLICATION assistance for his disabilities.
Read more: NCLRights.org/In_re_M Navigating the System: Guide for POLICY ADVOCACY CA LGBT Elders
LITIGATION Created the first-ever California-specific CA San Francisco LGBT Elder Task Force VICTORY “know your rights” guide for LGBT elders. Worked in coalition that sucessfully urged Read more: NCLRights.org/LGBT_Elder_Guide Wyatt, Jamie San Francisco to create a legislative task force regarding LGBT elder issues. Won Medicare benefits for an elder trans- woman who faced denial because of DOMA.
Read more: NCLRights.org/Jamie_Wyatt PUBLIC EDUCATION FL EMPLOYMENT
Save Dade/Aqua Foundation POLICY ADVOCACY D.C. Transgender Conference TRAININGS NATIONAL Presented on issues facing transgender elders LGBT Elder Housing Summit in long-term care facilities. Won Medicare benefits for an elder trans- EEOC Training woman who faced denial because of DOMA. Presented on elders in long-term care and the evolution of LGBT activism since Stonewall. 8 OUT FOR JUSTICE
THEAGENDA continued…
FAMILIES & LITIGATION HI TRAININGS CA PARENTING VICTORY
Adoption of Male Child (HI) Legal Aid Family Law Conference Represented same-sex parents seeking a Led a training on LGBT family law at the LEGISLATION CA second parent adoption in Hawaii. annual Family Law Conference for legal aid
Read more: NCLRights.org/HI_Second_Parent and self-help attorneys. AB 1349 – California Parentage Bill Helped pass a bill strengthening protections LITIGATION for non-biological parents of children CA VICTORY conceived with a known donor in California. HEALTHCARE First Successful Trans Kids Custody Case
LEGISLATION CA Co-counseled one of the first successful custody cases on behalf of the parent of a transgender child. LEGISLATION NATIONAL AB 2356 – Equal Access to Fertility Medical Care Hospital Visitation Rules Co-sponsoring a California bill that would LITIGATION IA Led efforts with HHS to issue a rule ensuring ensure that single women and women in PENDING that all patients and families have equal same-sex relationships have equal access Iowa Department of Public Health v. Gartner hospital visitation privileges, regardless of to fertility services. sexual orientation, gender identity, or Filed an amicus brief in Iowa arguing that marital status. when same-sex spouses have children, both
LEGISLATION CA spouses are recognized as legal parents. Read more: NCLRights.org/IowaDPH_v_Gartner PUBLIC EDUCATION D.C. SB 1476 – Family Law: Parentage
Co-sponsoring a California bill that would LITIGATION Women at the Margins Event NE permit courts to recognize more than two VICTORY Co-hosted an event with the DC Mayor’s parents if doing so is required to protect Office, and racial and reproductive justice the best interests of the child. Latham v. Schwerdtfeger organizations on the impact of women’s Filed an amicus brief in a case that recognized healthcare restrictions on marginalized that non-biological parents can seek custody communities. LITIGATION LA LOSS or visitation in Nebraska. Read more: NCLRights.org/Latham_v_Schwerdtfeger
Adar v. Smith TRAININGS D.C. Filed an amicus brief in a case challenging LITIGATION CA Lousiana’s refusal to put same-sex adoptive VICTORY Webinar with Department of parents on birth certificates. Health and Human Services S.Y. v. S.B. Co-hosted a webinar with HHS providing
LITIGATION COSTA RICA Filed an amicus brief in a case that recognized training to healthcare providers on new VICTORY & CHILE both same-sex parents when only one was hospital visitation rules. able to adopt. Karen Atala Riffo v. Chile Read more: NCLRights.org/SY_v_SB Joined an amicus brief in a successful case against Chile for denying a lesbian mother HOUSING LITIGATION custody of her children. CO VICTORY Read more: NCLRights.org/Riffo_v_Chile S.T. v. T.W. LEGISLATION NATIONAL LITIGATION Filed an amicus brief in support of a CA VICTORY psychological parent in Colorado who was denied visitation and custody rights. HUD LGBT Equal Access Rule Charisma R. v. Kristina S. Led efforts with HUD to issue a rule prohibit- Represented a non-biological mother who ing anti-LGBT housing discrimination in public LITIGATION FL has been recognized as a parent in her PENDING housing and in HUD programs and services. ongoing custody case.
Read more: NCLRights.org/CharismaR_v_KristinaS T.M.H. v. D.M.T. TRAININGS D.C. Filed an amicus brief in Florida arguing that same-sex couples that conceive a child should LITIGATION NM HUD Equal Access Rule Event VICTORY be recognized as the child’s legal parents. Read more: NCLRights.org/TMH_v_DMT Co-hosted event with HUD and the White Chatterjee v. King House for LGBT stakeholders to explain the importance of HUD’s Equal Access Rule. Successfully represented a mother in New Mexico in a case that recognized both same- TRAININGS NATIONAL sex parents under the law. TRAININGS D.C. Read more: NCLRights.org/Chatterjee_v_King National LGBT Family Law Webinar Presented about LGBT family law at a national HUD Rule Training webinar. Partnered with HUD offices to provide training on LGBT Equal Access Rule in several states including CA, KY, NY, MA, OR, and AK. SUMMER 2012 9
LITIGATION IMMIGRATION EL SALVADOR MARRIAGE VICTORY
Jessica S.
LITIGATION Obtained withholding of removal for a lesbian EL SALVADOR LEGISLATION MD PENDING who suffered physical, verbal and sexual harm due to her gender identity and sexual Alex R., Andrea C. orientation. H.B. 438 – Civil Marriage Protection Act Representing a Salvadoran transgender Helped draft and worked closely with the woman in asylum proceedings. state legislature to pass a bill legalizing LITIGATION MEXICO VICTORY same-sex marriage in Maryland through a strong and diverse coalition of supporters. LITIGATION MEXICO VICTORY Jocelyn M., Alexa Won asylum for transgender women who LEGISLATION CA Angeles M. faced verbal, physical and sexual abuse in Assisted a lesbian who faced verbal and their home country due to their sexual physical abuse due to sexual orientation. orientation and gender identity. SB 651 – California Divorce Bill After being detained by ICE for more Worked on a California bill that allows couples than a year at Yuba County Jail, she was who married in California but live elsewhere LITIGATION NICARAUGA granted withholding of removal. PENDING to divorce if their relationship ends.
Jose S., Nestor R. LITIGATION LITIGATION MEXICO NATIONAL PENDING Assisting two gay men with applications for PENDING asylum. Facing verbal and physical abuse Berera v. Holder since a young age, they fled to the U.S. when Perry v. Brown Filed an amicus brief on behalf of a Mexican police refused to offer any protection. Filed an amicus brief in Perry v. Brown asking transgender woman originally denied asylum federal appeals court to overturn Prop. 8. without regard to her gender identity status. Read more: NCLRights.org/Perry_v_Brown LITIGATION COLOMBIA PENDING
LITIGATION LITIGATION PERU Luis L. MD PENDING VICTORY Representing a Colombian gay man with his Fabrizio G. U visa application. Port v. Cowan Representing a transgender man from Peru Appealed and won a Maryland judge’s denial seeking asylum. He suffered persecution due of a divorce to two women who validly LITIGATION EL SALVADOR to his gender identity and sexual orientation. PENDING married in California. Read more: NCLRights.org/Port_v_Cowan Monica B. LITIGATION MEXICO PENDING Representing a Salvadoran lesbian with her U visa application. Gerardo P., Fidel C., Antonio T., RELATIONSHIP Gerardo Z., Daniel V. RECOGNITION LITIGATION MEXICO Assisted five gay men from Mexico who PENDING suffered various levels of verbal, physical, LITIGATION and sexual abuse at the hands of strangers, Pamela B. CA police, and relatives due to their sexual VICTORY Filed a U visa application for transgender orientation and/or gender identity. woman after she was attacked and left with Beckwith v. Dahl head injuries on the streets of San Francisco. Filed an amicus brief in a California case that LITIGATION PAKISTAN established new protections for umarried PENDING partners who are wrongfully prevented from LITIGATION GUATAMELA inheriting from each other. In re S.K. PENDING Read more: NCLRights.org/Beckwith_v_Dahl Filed an amicus brief in support of a Pakistani Vicky M. gay man who was originally denied asylum Assisting a lesbian who faced verbal, physical relief on the basis that he could escape LITIGATION and sexual harm in her home country due to IL persecution by hiding his sexuality. PENDING her sexual orientation. Read more: NCLRights.org/In_re_SK Estate of Ellyn Farley
LITIGATION Successfully established a lesbian widow as MEXICO LITIGATION PENDING MEXICO the administrator of her deceased wife’s PENDING estate in Illinois, based on their Canadian Stephanie G., Joana S., Dayana C. marriage and the Illinois Civil Union law. J.G. Assisting three transgender women who Read more: NCLRights.org/EllynFarley_Estate After the Board of Immigration Appeals suffered persecution due to sexual orientation granted a motion to reopen, his case has and/or gender identity. They fled to the U.S. now been remanded to Immigration Court. after their lives were threatened. All have RELATIONSHIP RECOGNITION CONTINUED… applied for asylum. 10 OUT FOR JUSTICE
THEAGENDA continued…
LITIGATION PA PUBLICATION YOUTH PENDING
Cozen O’Conner, P.C. v. Routledge Handbook of Sport, Jennifer J. Tobits, et al. Gender and Sexuality LEGISLATION CA Defending the rights of a lesbian widow Wrote a chapter entitled “Joining the Team: whose marriage and inheritance rights are The Inclusion of Transgender Students in U.S. being challenged by her deceased wife’s School-Based Athletics” for the Routledge SB 48 (FAIR) Education Act employer and family. Handbook of Sports, Gender and Sexuality. Helped draft a groundbreaking California law Read more: NCLRights.org/Cozen_v_Tobits requiring schools to teach about the historical contributions of LGBT people. TRANSGENDER LITIGATION LAW OH SPORTS VICTORY
In re D.B. LITIGATION FL VICTORY Filed a brief in a case overturning a statutory LITIGATION WA rape charge against a 12-year-old boy for VICTORY Adams v. Federal Bureau of Prisons consensual acts with a same-aged boy. Apilado v. North American Gay Litigated and settled a case to ensure proper Read more: NCLRights.org/In_re_DB Amateur Athletic Alliance care for transgender prisoners housed in the federal prison system throughout the country. Filed and settled a case that reinstated three LITIGATION MN bisexual players disqualified from the Gay Read more: NCLRights.org/Adams_v_FBP VICTORY Softball World Series. Doe v. Anoka-Hennepin School District and Read more: NCLRights.org/Apilado_v_NAGAAA POLICY ADVOCACY NATIONAL E.R. v. Anoka-Hennepin School District Filed and settled a federal lawsuit on behalf
POLICY ADVOCACY OR Transgender Athlete Model Policy of six students challenging the hostile anti- LGBT environment in Minnesota’s largest Published model policies regarding school district. NIKE LGBT Sports Summit transgender student athletes’ equal opportunities to participate in high Read more: NCLRights.org/AHSD Led national sports organizations, in school and college athletics. conjunction with Nike, to address LGBT
issues in sports. LITIGATION AK PENDING POLICY ADVOCACY NATIONAL
POLICY ADVOCACY TX Alaska Bullying Transgender Student-Athlete Policy Helped file a complaint with the U.S. Office Sexual Orientation and Gender Wrote the NCAA Inclusion of Transgender of Civil Rights and the Department of Justice Identity in Sports Collaborative Student-Athletes policy and best practices regarding a school bullying issue in Alaska. Participated in coalition with top academic manual for their 1,200 member institutions. researchers and LGBT sports activists to create strategic plan regarding sexual POLICY ADVOCACY GA ADDITIONAL orientation and gender identity. CIVIL RIGHTS WPATH Conference POLICY ADVOCACY IN Presented at the national WPATH Conference on inclusion of transgender student athletes LEGISLATION NATIONAL NCAA Inclusion Summit at the high school and college level. Participated in the NCAA summit, designed LGBT Inclusive PREA Rule to create a more inclusive culture for college Worked with DOJ to ensure that final rules POLICY ADVOCACY NATIONAL athletics across the country. regarding the Prison Rape Elimination Act included protections for incarcerated LGBT United States Soccer Federation victims of sexual assault. PUBLIC EDUCATION PA Assisted the United States Soccer Federation’s development of a transgender participant National Association of Collegiate policy for recreational leagues, serving more LEGISLATION CA Women Athletic Administrators than 8 million athletes. Gave the keynote presentation at the National SB 1172 - Limiting Sexual Orientation Association of Collegiate Women Athletic Conversion “Treatment” Administrators Conference on diversity in Co-sponsoring a California bill that would college athletics. ban therapists from using dangerous sexual orientation conversion therapy on minors.
LITIGATION LA Ready to donate to NCLR right now? VICTORY There’s an app for that! Doe v. Jindal Just scan the QR code with your smart phone or tablet to donate any Filed an amicus brief in a successful challenge amount. Your gift will be put to work immediately to fight for equality to a criminal law in Louisiana that impermis- and legal rights for all LGBT people and families in the U.S. sibly labeled LGBT people as sex offenders. Want to send this link to your friends? NCLRights.org/GiveNow Read more: NCLRights.org/Doe_v_Jindal SUMMER 2012 11
WHO SAYS
ADDITIONAL CIVIL RIGHTS JUSTICE ISN’T CONTINUED SEXY?
LITIGATION WA PENDING
Doe v. Reed Filed an amicus brief in the U.S. Supreme
Court, opposing concealment of the names Mirko Ilic Corp Ilic Mirko of petition-signers for anti-gay Washington State referendum. www.nclrights.org Read more: NCLRights.org/Doe_v_Reed
LITIGATION TN PENDING TAKE THE QUIZ! Howe v. Haslam GET THIS FREE STICKER. Filed a lawsuit challenging a Tennessee state law banning local anti-discrimination protections for LGBT people. Read more: NCLRights.org/Howe_v_Haslam WE’VE COME A LONG WAY... MAYBE. Take our fun quiz to get a sticker and see if you can spot which laws of the land
POLICY ADVOCACY TX are ancient history—and which we’re still living with (and fighting against) today. You may be shocked at some of the answers! After you take the quiz, we’ll White House LGBT Conference on Safe send you your very own 35th anniversary NCLR bumper sticker for free. Schools and Safe Communities BONUS: Our generous sponsor, Bank of America, will donate $1 to NCLR for every person who takes the quiz (up to $3,500)! Presented at a plenary session and conducted a workshop with officials from the Obama administration on violence and justice in LGBT communities. GO TO NCLRights.org/Quiz OR SCAN
NCLR BOARD & STAFF
Board of Directors Melissa Higuchi Chris Zaldúa Meghan Earley Senior Development Assistant Legal Assistant Development Intern Angela Berry Arcelia Hurtado, Esq. Dena Zaldúa-Hilkene Erin Ginder-Shaw Tamika Butler, Esq. Deputy Director Assistant Director of Development Communications Intern Stacey Camillo, J.D. Co-chair Ashland Johnson, Esq. Carla Lopez Elizabeth Deeley, Esq. Policy Counsel Proyecto Poderoso DREAM Intern In partnership with California Rural Erin Dominguez, Esq. Kate Kendell, Esq. Legal Assistance Tram Pham Executive Director Development Intern Dorothy Fernandez, Esq. Co-chair Dan Torres, Esq. Thelma Garza, J.D. Jacqueline Miller, Esq. Proyecto Poderoso Project Director Jonas Wang Policy and Litigation Fellow Legal Intern Kelly McCown, Esq. Shannon Price Minter, Esq. Public Interest Associate Lauren Zachry Leigh Morgan Legal Director Development Intern David Sampson Michelle Ortiz Erik Olvera National Advisory Board Andrea Palash, Esq. Director of Communications Spring 2012 Law Clerks Kate Clinton NY Stacy Parson Asaf Orr, Esq. Alea Boult Staff Attorney Fiona Martin CO Maya Philipson Arli Christensen Eleanor Palacios Minna Tao Yesenia Leon FL Events Manager Gautam Jagannath Deborah Ortega, Ph.D. CO Angie Perone, Esq. Sandy James Staff Barbara Russo NY Staff Attorney Mandy Finlay Jennifer Barth Eileen Scallen, Esq. MN Office Manager Daniel Redman, Esq. Nikola Nable-Juris Del Martin Memorial LGBT Elder Advocacy Jill Schlesinger NY Leanna Blankenship Initiative Fellow Erika Schmidt Data and Development Systems Manager Sarah M. Schmidt, Psy.D. IL Maya Rupert, Esq. Noemi Calonje Summer 2012 Law Clerks Federal Policy Director National Advisory Council Immigration Project Director Kendra Garcia (C. Edwin Baker Fellow) Cathy Sakimura, Esq. Helen J. Carroll Roberta Achtenberg, Esq. CA Staff Attorney and Family Protection Ashley Greene Sports Project Director Carol Alpert NY Project Director Megan Lin Azael Chávez Laría Christopher Stoll, Esq. Susan A. Gore TX Project Assistant Camilo Ortiz Senior Staff Attorney Joyce Hunter NY Cody Perkins Joshua Delfin Connie Utada, Esq. Phyllis Lyon CA Senior Legal and Project Assistant Braz Shabrell State Legislative Director Lory Masters TX Iain Finlay Amy Whelan, Esq. Olga Tomchin Manager of Finance and Administration Raquel Matas, Esq. FL Senior Staff Attorney Kate Walsh (C. Edwin Baker Fellow) Nancy Polikoff, Esq. DC Erin Fitzgerald Shin-Ming Wong, Esq. Administrative Assistant Law Clerk 2012 Interns Ruthann Robson, Esq. NY Robin Galas Bethany Woolman Vanessa Casey Abby R. Rubenfeld, Esq. TN Bookkeeper Communications Associate Development Intern Carmen Vazquez NY 12 OUT FOR JUSTICE
INVESTING IN NCLR
A Conversation with Donors GETTING INVOLVED Julie Hash & Carol Meyer Interested in becoming an NCLR Sustainer—supporting NCLR is blessed to have a strong and generous NCLR on a monthly basis? Want to make sure NCLR is family of individual donors who are the foundation in your will or estate plans? of support for the life- and law-changing work we Find out how you can make a do. And just who are these supporters? We want difference in the fight for LGBT equality by visiting: to know, so we talked to Julie and Carol. NCLRights.org/Donate
Contact Assistant Director of Development Dena Zaldúa-Hilkene: When and how did you first [email protected] hear about NCLR? We met Kate Kendell at the Astraea Global convention when it was in Dallas years ago POPULAR WAYS TO GIVE and will never forget it. Last year several of our clients and friends invited us to be on the host committee for the NCLR fundraiser in Dallas Donate in the fall of 2011—where I believe they broke NCLRights.org/Donate some records playing poker (only in Dallas)! Join the Anniversary Circle What inspired your first gift to NCLR, NCLRights.org/Anniversary_Circle and is there anything in particular Planned Giving about NCLR that has motivated you to NCLRights.org/Planned_Giving continue giving through the years? Make a Gift through When we learned of the good work and far- NCLR donors (and sisters) Julie Hash Your Workplace and Carol Meyer. reaching accomplishments NCLR brings to the NCLRights.org/Workplace_Gift community—the checkbook came out. Then when Eleanor and Kate honored us with an Become a Corporate Sponsor Carol and Julie are sisters who grew up in invitation to their headquarters in San Francisco, NCLRights.org/Corporate_Sponsorship Nebraska and now have a family practice in we were so blown away with the impressive Dallas, Texas with a three-decade history at one credentials and genuine spirit of the volunteers of the world’s leading financial management and entire team of attorneys who clearly could and advisory companies. Their team, The Meyer be making a great deal more money in the Group, specializes in developing investment private sector. solutions for the unique financial planning issues We learned that NCLR is much more far-reaching Support NCLR through eScrip! of their LGBT clientele. in who they represent (not just lesbians as we Looking to support NCLR in even more ways? originally thought), and include young adults Why do you support LGBT Have a fixed budget with no wiggle room? and others deserving to be aided in whatever Want to get the merchants at which you civil and human rights? issues they may be facing, so this makes us even shop to donate to NCLR too? Seven years ago we were invited by our local more committed to partner with this wonderful manager to represent the firm on the Diversity organization. All you have to do is register your credit/ and Inclusion Council. It was through our work debit cards and ATM cards with eScrip—then on the Council that we learned of the civil What is your favorite way to any time you use one of them to shop with and human rights issues that face the LGBT spend a Sunday afternoon? a participating merchant, the merchant will community and the decision from there was donate up to 8% of the purchase amount In Dallas, having lunch on a patio with our fun an easy one. The discrimination facing the LGBT to NCLR. and interesting pals. Or in San Francisco taking community just isn’t right—and we are very the ferry to Sausalito and having lunch on Sign up at eScrip.com to make all your proud of our work. We have helped raise the water! regular purchases at over 150 merchants awareness within our straight community and go to work for NCLR. NCLR’s group name: our firm and are now a national sponsor of “National Center for Lesbian Rights” or NCLR and many other LGBT organizations. “NCLR.” NCLR’s group identification number: 500022336.
100% NATIONAL OFFICE Out for Justice is printed with soy- The National Center for Lesbian Rights is a national legal organization 870 Market Street, Suite 370 based inks on Rolland Enviro100 Print, a 100% post-consumer paper, committed to advancing the civil and human rights of lesbian, gay, San Francisco, CA 94102 certified Environmental Choice, bisexual, and transgender people and their families through litigation, 415 . 392 . 6257 processed chlorine free, FSC recycled public policy advocacy, and public education. 800 . 528 . 6257 toll-free and manufactured by Cascades [email protected] using biogas energy.