On The Docket The audacity to fight for justice. The perseverance to win.

SPRING 2007

INSIDE THIS ISSUE:

NCLR at 30: A Short Film Page 4

“If the long march NCLR Legal Director Shannon Minter at the Court of Appeal for racial justice Behind the Scenes in this country is any guide, we still As NCLR turns thirty, many are familiar with the groundbreaking work we do in the have many miles courtroom. From our first cases in the late 1970s taking on laws that refused to recognize to go.” LGBT parent families, to earlier this April when we filed, as lead counsel for same-sex couples, our brief before the California Supreme Court in the struggle for fairness in New: Kate’s Blog marriage, NCLR continues to make headlines as a stalwart of civil and human rights. But Page 4 there’s a majority of our work that goes quietly unnoticed, and sometimes we need to keep it that way. Until now. In this newsletter, we offer a special peek behind the scenes into what truly makes NCLR the leader in LGBT civil rights.

Each year NCLR communicates with more than hurt their case,” explains Executive Director Kate 5,000 people looking for help with anything from Kendell. “We provide very substantial and time- how to start a gay-straight alliance in high school, consuming assistance to local counsel, particularly to how to remain in the U.S. for fear of persecution in anti-LGBT parts of the country, and we never back home. Senior citizens call wondering how seek – or even wish for – any acknowledgment they can stop discrimination in their retirement of our role.” Honoring Martina communities; college athletes wonder how they Page 5 That assistance includes finding expert witnesses, can stop it in their locker rooms. Every day NCLR’s framing the legal arguments, and sometimes, even legal department puts a stop to that wondering. helping to write the briefs. “We spend most of our time advising individuals A key part of this behind-the-scenes strategy on an array of LGBT issues before they are is NCLR’s unique leadership role in creating a embroiled in litigation,” says Legal Director network of LGBT and LGBT-friendly attorneys Shannon Minter. “Our goal is to help people solve across the country – through our National Family their problems and keep them out of court,” Law Advisory Council, our cooperating attorney he adds. database, and our Family Protection Project. Adoption Law Fielding such a diverse array of questions and Minter says that although it would be great, NCLR Enters the Digital Age concerns – and preventing issues from going to can’t be in all 50 states at once. court – is a large portion of our non-case work, but Page 6 “What we have to do instead is create a network another piece that most people don’t know about of private attorneys who are linked both with is that even in actual litigation, NCLR plays a huge NCLR and with one another, so that it can be as role that is largely invisible to the outside world. if NCLR is in every town every day. Creating this “Sometimes if we’re in a hostile court, we know dynamic national network has been equally as that standing up next to a client could actually important as our actual litigation.”

CONTINUED ON PG 6 nclrights.org

Dear NCLR Champion: By the time you read this, NCLR will have just celebrated our 30th Anniversary at our Gala on May 12th in . This is a milestone many never dreamed we would reach: 30 years of legal advocacy targeting some of the most critical issues in our community. The changes we’ve witnessed take our collective breath away.

In virtually every area of our work we were early But there is still so much left to be done. The pioneers, the first national legal organization recent appalling and unforgivable comments of to represent lesbian and gay parents, the first rightly disgraced radio shock jock Don Imus have to launch a Youth Project, the first to create an everything to do with racism, sexism, misogyny, Immigration Project, the first to aggressively AND anti-lesbian bias. I have no idea if any of work on issues, the first to begin the Rutgers players are lesbian, bisexual, or addressing the ravages of our homophobic sports transgender, but Imus’ comments betray his true culture on all LGBT athletes and coaches. In every feelings, among them that real, “cute” women do area there are great successes and you read about not have tattoos and do not play hard and tough. them in each issue of this newsletter and in our Forty-three years after the 1964 Civil Rights Act, letters and emails. Your investment, support, faith, rampant racism is alive and thriving, and Don and commitment have been the key to every step Imus is only the most recent manifestation. This forward. So this 30th anniversary is also about plain and painful fact is why the foundation of you. Thank you so much for helping us to get here! our legal advocacy is built on a commitment to photo by Jeff Singer by photo social justice. Our clients are not just lesbian or These past few months have certainly been a a message from gay or bisexual or transgender; many are also rocket ride. We settled our lawsuit on behalf of poor or working class, of color, and live in areas EXECUTIVE DIRECTOR Jennifer Harris against Penn State and its now of the country that are rife with injustice and former women’s basketball coach Rene Portland, KATE KENDELL homophobia. Our community is made up of every we filed our opening brief in the California segment and strata of the human family. marriage litigation, we represented wrongly terminated Largo City Manager Steve Stanton in If the long march for racial justice in this country his public hearing to appeal his firing by the City is any guide, we still have many miles to go. But Commission after he disclosed his intention to with 30 years of meeting and conquering every transition on the job, and those cases barely begin challenge, we feel more than up to the trek. Thank to address the full scope of our work over these you for believing. past months. In every arena we have made and are making steady gains.

BOARD OF DIRECTORS Azael Chávez Laría Joyce Pierson NATIONAL ADVISORY BOARD Angela Brown, Esq. Project Assistant Elder Law Project Consultant Lesley Weaver, Esq. - PA – Co-Chair Kelly Dermody, Esq. Emilie Cole Tracy Powell Fiona Martin - CO – Co-Chair Communications Assistant Office Manager, Southern Regional Office Dora J. Dome, Esq., Treasurer Kate Clinton - NY Shelbi Day, Esq. Melanie Rowen, Esq. Emily Doskow, Esq., Secretary Staff Attorney, Southern Regional Office Staff Attorney Yesenia Leon - FL Paula S. Jones, Esq. Calla Devlin Cathy Sakimura, Esq. Kristina Militante- CA - Board Liaison Kristina Militante, Director of Communications Equal Justice Works Fellow Barbara Russo - NY National Advisory Board Liaison Karen Doering, Esq. Liz Terry Eileen Scallen, Esq. - MN Michelle Ortiz Senior Counsel, Southern Regional Office Legal Assistant Jill Schlesinger – NY Rachel Joyce Robasciotti, FP, Vanessa Eisemann, Esq. Denise Wells Vice-Chair of Policy Staff Attorney Interim Director of Finance NATIONAL ADVISORY COUNCIL Ces Rosales Iain Finlay Dena Zaldúa-Hilkene Roberta Achtenberg, Esq. - CA Donna Ryu, Esq., Co-Chair Manager of Finance and Administration Manager of Annual Giving Carol Alpert - NY Kris Hermanns Olga Talamante, Co-Chair Susan A. Gore- TX Director of Development SPRING 2007 LAW CLERKS Akaya Windwood Joyce Hunter - NY Melissa Higuchi Matt Wood Barbara Zoloth, Ph.D. Development Assistant Al Mezo Surina Khan - CA Phyllis Lyon and Del Martin - CA STAFF Kate Kendell, Esq. Tamika Butler Executive Director Lory Masters - TX Jennifer Barth Lisa Ehrlich Jody Marksamer, Esq. Office Manager Jaime Huling Raquel Matas, Esq. - FL Staff Attorney Leanna Blankenship Jessica Oats Nancy Polikoff, Esq. - D.C. Shannon Price Minter, Esq. Development Associate & Database Coordinator Ruthann Robson, Esq. - NY Legal Director Sean Rodriguez Noemi Calonje Abby R. Rubenfeld, Esq. - TN Megan Moyer Brett Wheeler Immigration Project Director Project Assistant Spencer Jones Carmen Vazquez - NY Helen J. Carroll Eleanor Palacios Sports Project Director Lillie Werner Events Manager Jennifer Lambert 2 On The Docket | SPRING 2007

Staff Updates

Vanessa Eisemann, Staff Attorney Project at the Mandel Legal Aid Clinic. Rowen also received the law Vanessa H. Eisemann joins NCLR after three years with Traber & school’s Stonewall Scholarship, given to the student most likely to Voorhees, a public interest civil rights law firm in Pasadena, California, advance the cause of civil rights for LGBT people. and two years with the Los Angeles office of Manatt, Phelps & Phillips. Shelbi Day, Staff Attorney Before entering private practice, Eisemann served as a law clerk to the Shelbi Day joins NCLR’s Southern Regional Office after two years Honorable Gary L. Taylor in the Central District of California. Eisemann at Southern Legal Counsel, Inc. (SLC), a Florida-based non-profit civil earned her bachelors degree from the University of Pennsylvania in rights law firm, where she was a cooperating attorney with NCLR. 1997 and her law degree from the University of Southern California Prior to her work at SLC, she served as a law clerk to the Honorable Law School in 2000, where she was a Notes Editor of the Southern Charles R. Wilson of the United States Court of Appeals for the California Law Review. She received the National Association of Eleventh Circuit. In 2002, Day received her J.D. with high honors Women Lawyers’ Outstanding Woman Law Graduate Award from the University of Florida Levin College of Law. Subsequently, and USC’s Lambda Alumni Association’s Professional Role Model she received an M.A. in Latin American Studies from the University Scholarship. Eisemann authored “Protecting the Kids in the Hall: Using of Florida’s top-ranked Center for Latin American Studies and was Title IX to Stop Student-on-Student Anti-Gay Harassment,” Berkeley inducted into the Phi Kappa Phi National Honors Society. She co- Women’s Law Journal, Volume 15 (2000), which received the 2000 authored Property, Wealth, Inequality and Human Rights: A Formula Berkley Women’s Law Journal Writing Award, and “Striking a Balance for Reform, 34 Indiana L. Rev. 1213 (2001)(with Berta Hernandez- of Fairness: Sexual Orientation and Voir Dire,” Yale Journal of Law and Truyol) and Afterword—Straightness as Property: Back to the Future- Feminism, Volume 13 (2001). Eisemann served as co-president of the Law and Status in the 21st Century, Symposium: Liberalism and Lesbian and Gay Lawyers Association of Los Angeles in 2004 and Property Rights, 12 U. Florida J.L. & Pub. Pol’y 71 (2000)(with Berta as a member of its Board of Governors from 2001 through 2006. In Hernandez-Truyol). Prior to her advanced studies, Shelbi graduated 2005 and 2006, she was named a “Rising Star” in Southern California magna cum laude from Missouri State University. Super Lawyer magazine. Emilie Cole, Communications Assistant Melanie Rowen, Staff Attorney Emilie brings five years of media experience within the National Melanie Rowen comes to NCLR from the San Francisco office of Public Radio network, a degree in journalism, and an overall passion Latham & Watkins, where she was an NCLR cooperating attorney. for NCLR’s work. At NCLR, she assists with all communications At Latham & Watkins, she participated extensively in pro bono work, endeavors, focusing on NCLR’s online marketing and communications including advocating on behalf of the homeless and defending the initiatives, including NCLR’s website. Prior to joining NCLR, Emilie housing rights of individuals with HIV/AIDS. Rowen received her J.D. worked at KQED Public Radio in programming and online information. from the University of Chicago Law School in 2004. While in law She graduated from Syracuse University in 2003 with a degree in school, she represented low-income children in the Cook County journalism and political science, was a four-year Army ROTC cadet, and criminal courts as a participant in the Criminal and Juvenile Justice a Division 1 cross-country runner.

Welcome to the National “Sunrise Show with Frank Coletta.” Jill is a featured guest nationally on Fox News Channel’s “Studio B with Shep Smith,” “Your World Advisory Board with Neil Cavuto,” “Bulls & Bears,” and “Cavuto on Business.” She writes monthly columns for Providence Business News, East Jill Schlesinger Side Monthly and The Westerly Sun, as well as other various local Jill Schlesinger, CFP®, is Executive Vice President and Chief and regional publications. Jill holds the Series 4, 7, 24, 63 and 65 Investment Officer of StrategicPoint Investment Advisors, where securities licenses. she has been a partner since 1996. Barbara Russo She is a graduate of the Certified Financial Planner Program at the Barbara began her professional career as an entrepreneur in College of Financial Planning and is a Certified Financial Planner™ New York City. From 1975 to 1987, she owned and operated two certificant. A 1987 graduate of Brown University, Jill’s resume successful discotheques: SAHARA, a women-owned and operated includes extensive trading experience, highlighted by her five-year lesbian club, and MOONSHADOW, a women-owned gay men’s membership on the Commodities Exchange of New York. club. These venues became platforms for political and social action Jill co-hosts a weekly financial talk show, “Making Money”, airing in and served as a springboard for Barbara’s political and social Rhode Island and south eastern Massachusetts. “Making Money” is interests. Ever since, Barbara has served on community boards, also syndicated in New Hampshire and Worcester, Massachusetts. political campaign committees, and professional organizations advocating on behalf of the LGBT community. Jill is “Ms. Money” on numerous Clear Channel New England stations, and appears as a regular guest on Rhode Island’s NBC10’s 3 nclrights.org You Ought to Be in Lights, Camera, & 30 Years of Action: Pictures: Share Your NCLR Photos and Stories NCLR’s 30th Anniversary Film from NCLR staff, clients, and supporters, and join us in remembering all the milestones: from the humble beginnings as the Lesbian Rights Project to Rev. Jerry Falwell agreeing with Kate on CNN.

Melissa Regan has produced several short documentaries about poverty, gender NCLR AT 30 equality, and water scarcity in Africa, and Kristina Militante and Lisa Ravaioli A Short Film produces an interactive video multimedia Part of NCLR’s new website brings your series for the Graduate stories, photos, and memories front and This year’s Gala is a gala of firsts: Our first School of Business. Her 2001 film about three center in our celebration of thirty years. time on the San Francisco waterfront, our nieces following their uncle’s transition to a Visit our Photos and Stories site to share woman, No Dumb Questions, won numerous your favorite memories of NCLR, or simply first time wearing our new logo and look, awards and was featured on PBS and HBO. tell others what NCLR means to you. and our first time showing our new 30th Anniversary retrospective short film! Longtime supporters Lisa Ravaioli and This amazing retrospective had its world Kristina Militante tell Photos and Stories, Sundance Award-winning filmmaker Melissa premiere at our 30th Anniversary Gala on “We give to NCLR because it’s one of the Regan has teamed up with NCLR to produce May 12th. Be on the lookout for showings in few organizations truly dedicated to a short film looking back on the past three cities near you, and for sales of the DVD so fighting LGBT discrimination at all levels decades of NCLR’s progress, and highlighting you can keep NCLR’s 30 years of memories and ensuring every citizen has the same where NCLR will go in the next three. Hear with you always. basic civil rights. How could we not give? We love their passion, energy and com- mitment, and we’ve been hooked ever 30th Anniversary Giving since our first Gala event.” Campaign is Most Successful Ever! Visit www.nclrights.org/photosandstories It is not every year that NCLR celebrates such Angela Padilla and Sonni Zambino, our stellar for more and to share your own. a milestone as our 30th anniversary. To mark Campaign Committee of solicitors, and, most this momentous occasion, NCLR’s generous of all and most deeply, we thank you. Thank donors broke all previous giving records and you for your support, in all the ways you give it. set a new one with Thank you for your faith and belief in us. Thank The importance their giving to the you for partnering with us to forge a new path of gifts from Welcome to the 30th Anniversary towards our own vision of freedom. Truly, you individuals to Giving Campaign, are helping to change the world. Blogosphere NCLR cannot be which targeted major gifts of $1,500 30th Anniversary Giving NCLR has a new look, website, and now, overstated: 70% or more. With a very Campaign Committee blog! Check in with Executive Director of NCLR’s annual lofty and stretch Angela Padilla, Co-chair Kate Kendell every week as she shares budget comes goal of $1.7 million— Sonni Zambino, Co-chair her thoughts on everything from NCLR’s $400,000 more from individual Caryl Athanasiu Kristina Militante direct work to other LGBT current events. than had ever Clara Basile Believe us, Kate’s got a lot to say! Now you donors. been raised in a Leah Nadel Brooke Battles can participate in the conversation at Out single giving campaign, our wonderful family Eleanor Palacios for Justice: Kate’s Blog. Click the link on our of Anniversary Circle major donors stepped Diane Benjamin Maya Philipson site, www.nclrights.org, to check it out. up to the challenge and helped NCLR meet Kathleen Crandall Rachel Robasciotti Rhett Currier And for all you digital socialites, check that goal. Donna Ryu Kelly Dermody Linda Scaparotti out Kate’s OurChart.com blog. From The importance of gifts from individuals to Dora Dome Bev Scott the creators of Showtime’s , NCLR cannot be overstated: 70% of NCLR’s Emily Doskow OurChart.com is the new lesbian social annual budget comes from individual donors. Olga Talamante networking site where you can meet Major gifts make up a huge portion of that 70%. Lisa Hoffman Léonie Walker friends, make connections and now, check Paula Jones Lesley Weaver NCLR could not possibly do our life- and in with Kate. Audrey Koh Akaya Windwood law-changing work without this vital source Fiona Martin Barbara Zoloth of revenue, and we thank our wonderful 30th Ginny Merrifield Anniversary Giving Campaign Co-chairs, 4 On The Docket | SPRING 2007 Honoring Martina and Her Visionary Rainbow Card & Endowment

Honoring “Martina was one of the first professional sports MARTINA figures to come out. Her honesty cost her millions of dollars in endorsements, but her tremendous courage and commitment to live a full and open life transformed the world of sports. She is both a pioneer for human rights and a role model for future generations.” photo by Annie Leibovitz by photo

“We could think of no one better to honor at our milestone transaction goes directly to the Rainbow Endowment and Gala,” says Executive Director Kate Kendell of this year’s back out into the LGBT community. With less than two Gala honoree, Martina Navratilova. percent of private philanthropic dollars devoted to our issues and little coming from government sources, you “Martina was one of the first professional sports figures and other NCLR donors know: funding LGBT litigation, to come out. Her honesty cost her millions of dollars education, advocacy, and services will always fall most in endorsements, but her tremendous courage and heavily on us, our friends, and our families. The Rainbow commitment to live a full and open life transformed the Endowment does just that and has contributed nearly $2 world of sports. She is both a pioneer for human rights million so far in its existence. and a role model for future generations.” In honoring Martina, NCLR is also honoring her Martina’s tennis career is indeed legendary, but many philanthropic vision, her work, and that of the Rainbow are unaware of her remarkable philanthropic work. Card itself. Our gratitude truly comes full circle as NCLR Inspired by the incredible strength and solidarity she is proud to be one of the Rainbow Endowment’s largest witnessed during her participation at the 1993 March on grant recipients, which makes presenting Martina with Washington, Martina wanted to find a way to harness our Voice and Visibility Award truly an honor for this the economic power of the LGBT community and really organization. make a difference. Within two years she had launched the Rainbow Card Affinity Credit Card Program®, a fundraising To learn more about the Rainbow Card and the tool that empowers individuals to contribute to the LGBT non-profit Rainbow Endowment which it supports, community through the simple act of using a credit card. visit www.rainbowcard.com. With every Rainbow Card purchase, a portion of that

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NCLR’s Latest Case Travels Down the Information Highway Leading a New Era in to let same-sex couples post profiles as Adoption Law potential adoptive parents.

Adoption has changed significantly in the In early April, a federal court ruled that the three decades since NCLR started fighting Butlers are entitled to bring a trial against the for second-parent rights in the mid-70s, Arizona-based company officially known as and our latest case in this realm of family Adoption Profiles LLC. law reflects just that. Adoption.com is an “We believe this case is not just about us,” Internet-based adoption agency which says Richard Butler. “It’s about protecting gives couples looking to adopt a way to everyone from discriminatory business post online profiles made available for practices.” biological mothers wishing to put their NCLR is proud to stand alongside the children up for adoption. The company’s Butlers in their fight for equal treatment current policy prohibits same-sex couples as customers and potential parents, and to use this adoption-related profiling service. will head into trial with not only a thirty- NCLR is representing San Jose couple year successful track record in adoption Michael and Rich Butler in their case against and family law, but also the strength and Michael and Rich Butler Adoption.com, which alleges that the online audacity that has gotten us this far. service violates California law by refusing

Elder Law Project Teams Up With Old Dyke Awards for Pat Bond Memorial

The Seventh Biennial Pat Bond Memorial began her stage career. With the intent to the Bay Area. If you would like to submit Old Dyke Awards Benefit is a wonderful keep lesbian history alive and to recognize a nomination, call Elder Law Project “A remarkable Bay Area contributions that lesbians age 60+ have Consultant Joyce Pierson at 415.365.1312. lesbian cultural achieved in their lifetime, the Old Dyke All contributions are used to cover the costs lesbian who in her event held in Awards were born in 1992 and have since of the event, including a cash award to each fifties began her the memory honored 22 women. Presented by the Pat Old Dyke. For more information, visit stage career.” of beloved Bond Committee under the auspices of www.patbondaward.com. comedienne, the National Center for Lesbian Rights, monologist, and playwright Pat Bond, this year’s nominations are now open to a remarkable lesbian who, in her fifties, out lesbians, age 60+ who are residents of

BEHIND THE SCENES—CONTINUED FROM PG 1 people within broader national discussions, and learn more about the issues facing LGBT seniors. Panels, Presentations, and conducting numerous workshops and training Elder Law Project Consultant Joyce Pierson was sessions all across the country. Public Education instrumental in the Bay Area hearings, and the following year helped establish a separate council Youth Project Director and NCLR staff attorney Outside of the office (but still not in the to directly address these issues on a national Jody Marksamer regularly meets with national courtroom), NCLR project directors have their scale. Similarly, Immigration Project Director organizations working on juvenile justice issues. own supporting roles. In the past decade, the Noemi Calonje rarely goes a week without at He says that connecting and collaborating with sporting world has moved beyond Title IX and least one community training or workshop (if key allies often leads to dramatic policy changes. is now also addressing homophobia in sports. not many), and bringing the discourse of LGBT The juvenile justice and foster care systems are “You don’t necessarily get your name on people into the limelight. finally recognizing the needs of LGBT youth. And the policy, but the fact that we directed them Kendell says that while NCLR works to make immigration reform as a national policy debate in how to create it is what matters. In a way, these issues visible, NCLR itself does not always has come to include a related discussion on LGBT you’re providing technical assistance for the need to play a visible role: “We understand that immigrants seeking asylum within our borders. larger victory.” sometimes in a civil rights struggle on behalf of a While not always taking center stage along This technical assistance transcends age and community that is often victimized and vilified, to with these issues, NCLR still works in the eye of national origin, too. In 2005, the once-in-a- crow too loudly would actually mean an undoing the storm: leading important dialogues on legal decade White House Conference on Aging for of everything we’ve worked to achieve.” panels, presenting the perspective of LGBT the first time conducted national hearings to To follow some of NCLR’s behind-the-scenes work, visit our website. 6 On The Docket | SPRING 2007 NCLR Active Cases

MARRIAGE, DOMESTIC PARTNERSHIP AND Reynolds and McKinley Knight v. Superior Court OTHER RELATIONSHIP PROTECTIONS Initial Victories! Third Appeal Thomasson v. Schwarzenegger Woo v. California Pending | Cherokee Nation Victory! | California Appeal Pending | California Shortly after AB 205—the California Domestic NCLR is lead counsel in Woo v. California, a Partner Rights and Responsibilities Act of lawsuit seeking marriage equality on behalf of 2003—was signed into law, two rightwing eleven same-sex couples, Equality California, groups filed lawsuits seeking to prevent the and Our Family Coalition. In April 2005, San law from going into effect. On April 4, 2005, Francisco Superior Court Judge Richard A. the Third Appellate District upheld the state’s Kramer ruled in favor of the couples, holding domestic partnership law. This decision was that California’s exclusion of same-sex couples reaffirmed in two related appeals on January from marriage discriminates on the basis of sex 27, 2006 and again on March 16, 2006. On and violates the fundamental right to marry. April 12, 2006, the California Supreme Court

Kathy Reynolds and Dawn McKinley declined any further review of the decision. NCLR defended AB 205 on behalf of 12 same- NCLR represents Kathy Reynolds and Dawn sex couples and Equality California along with McKinley, a same-sex couple who are members lead counsel David C. Codell of the Law Office of the Cherokee Nation. In May 2004, Reynolds of David C. Codell. The ACLU and Lambda and McKinley obtained a marriage certificate Legal also served as counsel. from the Cherokee Nation and married shortly thereafter. The next month, another member of Koebke v. Bernardo Heights the Cherokee Nation filed a petition seeking to Country Club invalidate Reynolds and McKinley’s marriage. Victory! | California NCLR successfully defended Reynolds and City Attorney Dennis Herrera and McKinley before the Cherokee high court. Two Birgit Koebke and Kendall French, a lesbian NCLR’s Shannon Minter with clients and days later, various members of the Cherokee couple who have been domestic partners for co-counsel at San Francisco City Hall 12 years, sued the Bernardo Heights Country Nation Tribal Council filed a new action seeking Club for refusing to provide them with the On November 13, 2006, the California Court to invalidate Reynolds and McKinley’s marriage. same membership benefits given to different- of Appeal overturned Judge Kramer’s In December 2005, the high court dismissed sex couples and for allowing other members to ruling in a 2-1 decision, saying that California this second challenge to their marriage. In harass and insult them because of their sexual may continue to bar same-sex couples January 2006, the Court Administrator, who orientation. In August 2005, the California from marriage. On December 20, 2006, is responsible for recording marriage licenses, Supreme Court held that the state’s civil rights the California Supreme Court unanimously filed a third lawsuit challenging the validity of law requires businesses in California, including granted review. Oral argument is expected the couple’s marriage. NCLR is now defending country clubs, to treat registered domestic late in 2007 or early 2008. Reynolds and McKinley’s marriage against this third, and hopefully final, challenge. partners the same as married couples. Lambda NCLR’s co-counsel in the case are Heller Legal represented Koebke and French. NCLR, Ehrman White & McAuliffe LLP; Lambda Strong v. BOE the Women’s Sports Foundation, and the Legal; the ACLU; and the Law Office of Initial Victory! California Women’s Law Center filed an amicus David C. Codell. Appeal Pending | California brief describing the history of discrimination against women by private golf clubs. Kerrigan & Mock, et al. v. Connecti- Under California law, when a spouse dies and cut Department of Public Health the other spouse inherits the couple’s home, the state will not reassess the tax value of the EMPLOYMENT, PUBLIC ACCOMMODATIONS, Pending | Connecticut AND OTHER TYPES OF DISCRIMINATION couple’s home. In 2003, the California Board Same-sex couples in Connecticut are suing of Equalization (BOE) adopted a rule that Stanton v. City of Largo to end Connecticut’s exclusion of lesbian and extended a similar protection to same-sex Loss | Florida gay couples from marriage, represented by couples. When several counties filed a lawsuit NCLR represents Steve Stanton, who was Gay and Lesbian Advocates and Defenders challenging this rule in 2005, NCLR, Lambda threatened with termination from his longtime and Maureen Murphy of Murphy, Murphy, Legal, and the law firm of Munger, Tolles & position as the City Manager for the City of Nugent in New Haven; Kenneth J. Bartschi of Olson, LLP, represented Equality California Largo, Florida after his employer learned that Horton, Shields & Knox in Hartford; and the and three same-sex couples to defend the he is transgender and will be undergoing Connecticut Civil Liberties Union. The case rule’s validity. On March 17, 2006, a Sacramento sex reassignment. Despite Stanton’s 17 years is currently pending before the Connecticut Superior Court Judge rejected the counties’ of dedicated service to the City of Largo, Supreme Court. NCLR filed an amicus brief challenge and affirmed the rule. The California the City Commission voted on February with other civil rights groups supporting the Legislature then codified the BOE Rule by 28, 2007 to begin the legal process of firing couples’ right to marry. enacting Senate Bill 565, which became Stanton, who informed the Commission effective January 1, 2006. The case is now that he is transgender after learning that a before the California Court of Appeal. 7 nclrights.org

Dykes on Bikes alleging that the nondiscrimination policy Trial and Appeals Board Victory! | violated the group’s First Amendment right to discriminate against LGBT and non-Christian U.S. Trademark & Patents Office students. NCLR and the law firm of Heller NCLR and the Brooke Oliver Law Group Ehrman, White & McAuliffe are representing represented the San Francisco Women’s Outlaw, the LGBT student group at Hastings, Motorcycle Contingent in an action to register which has intervened to defend the University’s the name “Dykes on Bikes” with the U.S. policy. The University is represented by Ethan Trademark and Patents Office (USPTO). The Schulman of Howard Rice Nemerovski Canady USPTO initially rejected the application on Falk & Rabkin. the ground that the term “Dykes on Bikes” Steve Stanton Fields Questions from the Media On April 17, 2006, United States District is disparaging to lesbian, gay, bisexual, and Court Judge Jeffrey White ruled in favor of local newspaper was going to disclose the transgender people. NCLR and the Brooke Hastings and Outlaw, rejecting the Christian information to the public. Stanton received Oliver Law Group then submitted extensive Legal Society’s arguments that the school’s strong support from the Mayor of Largo and documentation from activists, community policy violates its rights to freedom of speech, many residents of Largo, who did not want to members, and scholars from across the lose a valuable city employee solely because religion, and association. The Court explained: of irrational bias. NCLR assisted Stanton in his “(Hastings’ policy) affects what CLS must do efforts to educate the City Commissioners if it wants to become a registered student and to persuade them to retract their unlawful organization - not engage in discrimination - action. On March 23, 2007, after a six-hour not what CLS may or may not say regarding public hearing, the City Commission voted its beliefs on non-orthodox Christianity or to fire Stanton, despite the overwhelming homosexuality.” The decision is now pending support for Stanton shown by Largo residents before the Ninth Circuit. who attended the hearing. Benitez v. North Coast Women’s Adoption.com Care Medical Group Victory! | California Dykes on Bikes Pending | California

country, demonstrating that the LGBT Guadalupe “Lupita” Benitez was denied community considers the name “DYKES infertility treatment by her Southern California ON BIKES” to be a positive, empowering health care providers because she is a lesbian. and affirming term. Despite this evidence, The trial court rejected the doctors’ claim the USPTO again rejected the trademark that they should be exempt from California’s application on the grounds that “the term anti-discrimination statute because they have dyke is considered vulgar, offensive and/or religious objections to serving lesbian patients. disparaging.” On December 5, 2005, the Court of Appeal reversed and held that the doctors must be Rich and Michael Butler After bringing in additional assistance from given an opportunity to demonstrate that Gregory Gilchrist, Leigh Kirmsse and Gia NCLR is suing Adoption.com and a number their refusal to treat Benitez was based on Cincone of the law firm of Townsend and of related parties, which describes itself as their religious-based objections to treating Townsend and Crew and Anne-Marie Dinius the largest adoption-related Internet business unmarried women, rather than on anti-gay of DLA Piper Rudnick, the San Francisco in the United States, on behalf of Rich and animus. Benitez appealed the decision to the Women’s Motorcycle Contingent appealed the Michael Butler, a same-sex couple who California Supreme Court, which has agreed to denial. In a decision issued December 6, 2005, have been together over twelve years. Rich hear the case. Along with medical, civil rights, the Trademark Office reversed itself and finally and Michael attempted to post a profile as and community based organizations, NCLR granted the application. potential adoptive parents on one of Adoption. filed an amicus brief in support of Benitez, who com’s websites. A company spokesperson told is represented by Lambda Legal. Christian Legal Society v. Kane the Butlers the company does not allow same- Appeal Pending | U.S. Ninth Circuit sex couples to use their services. Represented Court of Appeals by NCLR and the law firm of Orrick, Herrington & Sutcliffe LLP, the Butlers are challenging this Like many public schools, the University of anti-gay policy under California law, which California - Hastings Law School permits law prohibits businesses from discriminating on the students to organize student groups that basis of sexual orientation. In a landmark ruling, are eligible to apply for university funding on March 30, 2007, federal district court Judge for group-related events. To be recognized Phyllis Hamilton held that the defendants as an official student group, all student are subject to California law, rejected the groups must abide by the Hastings’ policy on defendants’ argument that they have a First nondiscrimination. In 2004, the Christian Legal Amendment right to engage in discriminatory Society (CLS) filed a lawsuit against Hastings conduct, and held that the Butlers’ case can proceed to trial. 8 On The Docket | SPRING 2007

PARENTING Margaret K. v. Janice M. Castellanos was represented by Woody Jones v. Boring Appeal Pending | Maryland Jones and Craig Lusk of Austin, TX, with the

Victory! | Pennsylvania assistance of NCLR. Margaret K. and Janice M. adopted a daughter Ellen Boring and Patricia Jones had twin during their committed relationship of 17 In re T.L.H. children together in the context of a long- years. Because they adopted their daughter Victory! | Texas term committed relationship. When the from India, which does not allow unmarried Julie Ann Hobbs and Kathleen Van Stavern had couple separated, Boring tried to cut off couples to adopt, only Janice adopted the a child together using artificial insemination. Jones’ contact with the children. After hearing child, but she and Margaret raised their After their child was born, they petitioned extensive evidence, a trial court awarded daughter together. When their daughter was the court to terminate the parental rights of custody to Jones. Boring appealed, arguing 7, Margaret and Janice separated, and Janice the sperm donor and to allow Van Stavern to that she automatically should be given refused to allow Margaret to see their daughter. adopt the child. The court granted the petition. custody because she is the birth mother. An intermediate appellate court found that When the child was five, the relationship The appellate court rejected the argument Margaret has a parent-child relationship with between the women ended. Hobbs filed an that biology alone should determine her daughter and granted visitation, but did action to void the adoption, which the trial custody, holding that the primary focus not find that Margaret could be eligible to court denied. The case was appealed to the must always be on the best interests of the receive full custody. Janice appealed the Court of Appeals, which agreed that the child. The Pennsylvania Supreme Court visitation order, and Margaret appealed the adoption was valid and that both women rejected Boring’s petition seeking appeal. custody order. The case is currently pending were legal parents of the child. Van Stavern NCLR represented Jones, along with Lambda before Maryland’s highest court, the Court of was represented by Daryl L. Moore with the Legal, The Center for Lesbian and Gay Civil Appeals. NCLR is submitting an amicus brief assistance of NCLR. Rights and local counsel Maureen Gatto of supporting Margaret on behalf of itself and the University Of Baltimore School of Law Family Dorian, Goldstein, Wisniewski & Orchinik in Palazzola v. Mire Bensalem, Pennsylvania. Law And Family Mediation Clinics. Victory! | Louisiana

Riley v. Sica Application of W. Angela Palazzola and June Mire had been in Trial pending | California Final Decision Pending | California a committed relationship for 17 years when

they had a child through artificial insemination. Charisma Riley and Kristina Sica had a child L.W. and K.R. raised their child, A.W., together Living in California at the time, the couple together while they were in a committed from the time that K.R. gave birth to him. After elected to complete a second parent adoption relationship. Shortly after the child was born, the couple split up, L.W. became the child’s to secure the parental rights of Palazzola, Sica abruptly left the couple’s home and took sole caregiver. L.W. obtained a parentage the non-biological mother. After moving to their daughter with her, refusing to permit judgment from a California court establishing Louisiana, the couple separated, and Mire Riley to see the child. After being directed that she is his legal parent. L.W. is disabled and cut off all contact between Palazzola and the by an appellate court to do so, the trial court receives Social Security Disability Insurance child. Palazzola filed suit for contact with the applied the test set forth by the California (SSDI) benefits. The Social Security Act child and Mire attempted to have the adoption Supreme Court in Elisa B., holding that Riley is provides benefits for the children of people judgment from California declared void. The her daughter’s parent and has a right to seek who receive SSDI, and L.W. applied for A.W. to Louisiana Court ruled in favor of Palazzola, custody and visitation. Represented by NCLR receive benefits as her child. A.W.’s application holding that the California adoption judgment cooperating pro bono attorneys Deborah Wald was initially denied because the Administration must be respected under the Full Faith and and Rachel Markel, Riley is now litigating the refused to recognize L.W. as his parent. NCLR, Credit Clause of the US Constitution. Palazzola issue of custody and visitation in the trial court. along with cooperating attorney Jona Saxby was represented by M. Suzanne Montero and Sica is represented by an anti-gay organization. represented A.W. at his administrative hearing appealing the initial decision. A final decision Deborah Henson with assistance from NCLR. R.S. v. A.S. is pending. Appeal Pending | Virginia Goodson v. Castellanos In a custody dispute between A.S., a lesbian Victory! | Texas mother, and her ex-husband, the trial court denied custody to A.S. because of her sexual Elizabeth Goodson and Adelina Castellanos orientation and also prohibited A.S. from adopted a child from Kazakstan. Shortly having overnight visits with her children when after returning from abroad, they filed a joint her partner is spending the night in the house. petition to allow Castellanos to adopt the child A.S. is appealing the custody and visitation and create a legal relationship with the child. order and is being represented pro bono by The petition was granted and the women co- the law firm of Davis Wright Tremaine LLP, with parented the child for several years, until their NCLR’s assistance. relationship ended. Goodson then challenged the adoption in court, asserting that the judgment was invalid because a child cannot have two mothers. The Trial Court held that the adoption decree was valid and the Court of Appeals affirmed that decision.

9 nclrights.org

Denise B. v. Beatrice R. filed an initial appeal letter, which the company Amnesty International, Human Rights Loss | New York also rejected. NCLR is pursuing an additional Watch, the American Immigration Lawyers administrative appeal. Association, the Minnesota Advocates for Denise B. and Beatrice R. were in a committed Human Rights, Immigration Equality, the relationship for 12 years. Midway through IMMIGRATION International Gay & Lesbian Human Rights their relationship, they adopted a child from John Doe v. Alberto Gonzales Commission, Heartland Alliance Midwest China, which does not allow same-sex couples Immigrant and Human Rights Center, and Pending | Third Circuit to adopt. Although Beatrice was the only Lambda Legal filed amicus briefs supporting adoptive parent, the parties parented together John Doe, a gay man from Egypt, applied for W.K.’s petition. equally for the next five years. After the couple asylum based on persecution he suffered in separated, Beatrice kept Denise from seeing Egypt because of his sexual orientation as well Soto Vega v. Ashcroft their child, forcing Denise to file an action for as fear of future persecution if he were forced Victory! | California Ninth Circuit custody and visitation. The trial court dismissed to return to Egypt. The Immigration Judge On July 24, 2002, Jorge Soto Vega filed for Denise’s petition, which she then appealed. and Board of Immigration Appeals denied his asylum based on persecution he suffered in The intermediate appellate court ruled against application. In Egypt, gay men are frequently Mexico because of his sexual orientation. As Denise and New York’s highest court declined arrested under accusations of private, non- a child in Mexico, Soto Vega suffered abuse, to hear the case, allowing the lower court commercial, consensual, adult sexual conduct. harassment, and ridicule from family members decision to stand. Denise is represented by For example, on May 11, 2001, following Doe’s and classmates because he was perceived to NCLR, Jaime Santos and Josh Selig of the departure from Egypt, the Cairo Vice Squad be gay. As a teenager, Soto Vega was severely law firm of Heller Ehrman, and Professor raided the Queen Boat, a discotheque on a beaten by officers of the Mexican police force Suzanne Goldberg. cruise vessel moored in the Nile attended by upon suspicion that he was gay. The officers gay men. The men arrested that night were Jones v. Barlow yelled derogatory slurs at Soto Vega as they collectively charged with the habitual practice threatened to kill him in order to “rid the streets Loss | Utah of debauchery (fujur), among other offenses. of fags.” An immigration judge denied Soto All were brutally tortured, and many were In a decision issued on February 16, 2007, Vega’s application for asylum, based on the sexually assaulted while in police custody. the Utah Supreme Court reversed three judge’s view that Sota Vega does not “look Twenty-three of the men were convicted in decades of Utah case law holding that gay.” The Board of Immigration Appeals a trial before an Emergency State Security courts may protect children’s relationships affirmed the immigration judge’s ruling. Court. NCLR along with the International Gay with non-biological parents. Keri Jones and Lambda Legal filed a petition for review of the & Lesbian Human Rights Commission filed Cheryl Barlow had a child together in Utah Board’s denial with the Ninth Circuit Court of an amicus brief in support of Doe’s eligibility using alternative insemination. After they Appeals. NCLR and the ACLU filed an amicus for withholding of removal and relief from separated, Barlow tried to keep Jones from brief on his behalf. On June 2, 2006, the Court removal under the United Nations Convention having any contact with their child. In 2004, granted the petition for review and remanded Against Torture and Other Cruel, Inhuman, or a Utah trial court granted Jones visitation. the case to the Board in order to allow the Degrading Treatment or Punishment. Barlow, who is represented by an anti-gay legal agency to determine, based on the credible organization, appealed this decision to the W.K. v. Gonzales demonstration of past persecution, whether Utah Supreme Court. In a shocking decision, the government has rebutted the presumption Loss | Eighth Circuit the Utah Supreme Court reversed the trial of Sota Vega’s well founded fear of future court decision and abolished protections for The 8th Circuit denied a petition for persecution. On January 30, 2007, the Board all children with non-biological parents rather reconsideration of its prior decision denying granted Mr. Vega’s application. than provide these protections equally to asylum to W.K., a gay man from Zimbabwe. As children with lesbian parents. NCLR’s co- a teenager in Zimbabwe, W.K. was imprisoned INTERNATIONAL counsel is Lauren Barros, a private family law for being gay and suffered harassment and attorney in Salt Lake City. abuse from local authorities and neighbors, Karen Atala Riffo v. Chile including being shocked with an electric Inter-American Human Rights ELDER LAW wire. Robert Mugabe, the current President Commission Burrows v. ILWU of Zimbabwe, is one of the most notoriously Pending anti-gay leaders in the world. He has called Initial Loss | California On May 31, 2004, Karen Atala Riffo, a Chilean lesbians and gay men “worse than dogs and judge, lost custody of her three daughters for Marvin Burrows and William Swenor were pigs” and promised that he will do “everything the sole reason that she is a lesbian and living together for 51 years and did everything within he can” to eliminate them from Zimbabwean with her female partner. The Supreme Court their power to demonstrate their commitment society. An immigration judge denied W.K.’s of Chile based its decision on unfounded to each other, including registering as domestic petition for asylum and ordered him removed speculation that the daughters would partners. When Swenor suddenly passed to Zimbabwe. The 8th Circuit affirmed the eventually suffer psychological harm from away in March 2005, Burrows submitted a decision. On January 31, 2006, NCLR and co- living with Atala and her partner. With no claim for Swenor’s pension benefits. Despite counsel David Chapman and Benjamin Casper recourse left in Chile, Atala took her case to their long and committed relationship, the petitioned the court to reconsider its decision. the Inter-American Human Rights Commission company rejected Burrows’ claim. NCLR, with On March 23, 2006, the Court denied W.K’s in Washington, D.C. NCLR, along with the the assistance of attorney Teresa Renakar, petition for reconsideration, making his order New York City Bar Association, Human Rights of removal to Zimbabwe final.

10 On The Docket | SPRING 2007

Watch, International Gay and Lesbian Human people. Etsitty is appealing this decision to arguments that SRS is not medically Rights Commission, International Women’s the Tenth Circuit. NCLR, Lambda Legal, and necessary, holding that “the Commissioner’s Human Rights Law Clinic at the City University the ACLU filed an amicus brief supporting unsupported denial of coverage for SRS of New York, Lawyers for Children, Inc., Etsitty’s claim. reflects inadequate solicitude for this Legal Aid Society of New York, and Legal young woman’s diagnosed condition, the Momentum, filed an amicus brief in support of Idaho Department of Corrections treatment prescribed by her physicians and Atala’s case, arguing that the Court’s decision Pending | Idaho the accumulated knowledge of the medical is contrary to the weight of international community and is therefore irrational and NCLR is suing the Idaho Department of authority. Atala’s case is pending before the unreasonable.” ACS has appealed this decision. Corrections (IDOC) on behalf of three Commission. NCLR is writing an amicus brief in support of transgender women who are being denied Mariah. Oral arguments are scheduled for appropriate treatment for Gender Identity Colombia Diversa, Expediente No. May 2007. Mariah L. is represented by the Disorder (GID). Pursuant to a court order, D-6362, Corte Constitucional de Juvenile Rights Division of the Legal Aid IDOC has a protocol for the diagnosis and Colombia Society of New York. medical treatment of transgender inmates. Pending | International Although each of the three women has The Constitutional Court of Colombia is written numerous requests for evaluation and SPORTS deciding whether a Colombian law, la Ley 54 treatment for GID, IDOC has failed to follow Jennifer Harris v. Maureen Portland, its own protocol and has shown deliberate de 1990, defining “domestic partnership” as Penn State University, and indifference to these women’s’ medical needs. existing between a man and woman is contrary Timothy Curley to fundamental rights guaranteed by the NCLR, the law offices of Sheryl Musgrove, and Settled! | Pennsylvania Colombian Constitution - most importantly, the law firm of Morrison & Foerster LLP have the right to equal protection of the law filed cases on their behalf, alleging violations The National Center for Lesbian Rights (NCLR) (Articulo 13). The Constitutional Court of the 8th Amendment of the US Constitution and co-counsel Sharon McKee of Hangley, previously addressed this question in 1996. prohibiting cruel and unusual punishment. Aronchick, Segal and Pudlin, reached a Although the law was upheld at that time, settlement agreement on behalf of NCLR that decision said the question could be client Jennifer Harris with Penn State YOUTH reexamined in the event that social and legal and its women’s basketball coach Rene circumstances significantly changed over time. Mariah L. v. Administration for Portland and athletic director Tim Curley. Since 1996, a number of foreign constitutional Children’s Services This groundbreaking lawsuit was filed in courts, international human rights bodies and Appeal Pending | New York Federal District Court in the Middle District legislatures have considered similar matters of Pennsylvania. Harris alleged discrimination Mariah L. is a 20 year old male-to-female relating to the recognition of equal economic based on race, gender, sexual orientation and transgender youth who is a foster child in the rights for partnerships regardless of sexual invasion of privacy. The specific terms of the custody of the New York Administration for orientation. Their decisions demonstrate the settlement agreement are confidential. Children’s Services (ACS), which has a duty to significant social and legal changes that have provide and pay for all necessary medical care “I’m proud to have brought this case, and occurred on this issue. NCLR along with the and treatment for children placed in NYC foster I’m thrilled that we have been able to resolve International Gay & Lesbian Human Rights care. Although all of Mariah’s medical providers it,” said Harris. “I look forward to putting this Commission, Center for Health, Science and agreed that surgery is medically necessary matter behind me and focusing on being Public Policy at Brooklyn Law School, and for her particular needs, ACS refused to the best student and basketball player I can the Center for the Study of Law & Culture at provide it. Mariah filed a petition with the court be.” Harris, a former star player for the Penn Columbia Law School filed an amicus brief asking for an order requiring ACS to provide State Lady Lion basketball team, is currently a to provide the Court with an overview of the her with sexual reassignment surgery. The member of the women’s basketball program international judgments other courts and family court granted her petition in January of at James Madison University, but has been adjudicative bodies have reached when faced 2006 and ACS appealed. NCLR, Sylvia Rivera sidelined this season with a persistent ankle with similar questions. Law Project, Transgender Legal Defense & injury. Harris underwent ankle surgery in mid- Education Fund, Lambda Legal, and Morrison January, 2007. The surgery was successful, but TRANSGENDER and Foerster, LLP filed an amicus brief on Harris is unlikely to return to play this season. Etsitty v. Utah Transit Authority behalf of a group of doctors and health clinics Penn State announced Coach Portland’s in support of Mariah. Appeal Pending | Tenth Circuit resignation on March 22, 2007. Despite having a spotless employment record, On August 24, 2006, the Appellate Court Krystal Etsitty, a transgender woman, was fired held that SRS is the generally recognized and from her job as a public bus driver by the Utah successful treatment for GID, but remanded Transit Authority (UTA), solely because UTA the case to ACS to articulate a specific feared that members of the public might be reason for their denial of Mariah’s request. offended by Etsitty’s transgender identity. A On February 21, 2007, Judge Sheldon Rand federal district court in Utah dismissed Etsitty’s of the NY Family Court ordered ACS to case, holding that federal laws prohibiting provide Mariah with sex reassignment surgery. sex discrimination do not protect transgender Judge Rand dismissed ACS’ unsubstantiated

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