DOCSLIB.ORG

Supreme Court of the United States ______DENNIS HOLLINGSWORTH, Et Al., Petitioners, V

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Supreme Court of the United States ______DENNIS HOLLINGSWORTH, Et Al., Petitioners, V No. 12-144 IN THE Supreme Court of the United States _________ DENNIS HOLLINGSWORTH, et al., Petitioners, v. KRISTIN M. PERRY, et al., Respondents. _________ On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit _________ BRIEF FOR AMICI CURIAE LEADERSHIP CONFERENCE ON CIVIL AND HUMAN RIGHTS, BAR ASSOCIATIONS AND PUBLIC INTEREST AND LEGAL SERVICE ORGANIZATIONS IN SUPPORT OF RESPONDENTS _________ ANNE M. RODGERS JONATHAN S. FRANKLIN* LAUREN MILLER ETLINGER FULBRIGHT & JAWORSKI L.L.P. TRAVIS A. TORRENCE 801 Pennsylvania Ave., N.W. TARA TUNE Washington, D.C. 20004 ELIOT FIELDING TURNER (202) 662-0466 JAMIE WHITNEY [email protected] GERALDINE W. YOUNG FULBRIGHT & JAWORSKI L.L.P. LISA BORNSTEIN 1301 McKinney THE LEADERSHIP CONFERENCE Suite 5100 ON CIVIL AND HUMAN RIGHTS Houston, TX 77010 1629 K Street, N.W., 10th Fl. (713) 651-5151 Washington, D.C. 20006 (202) 466-3311 * Counsel of Record Counsel for Amici Curiae TABLE OF CONTENTS Page TABLE OF AUTHORITIES ...................................... ii INTEREST OF AMICI CURIAE ............................... 1 SUMMARY OF THE ARGUMENT ........................... 3 ARGUMENT .............................................................. 6 I. LAWRENCE REMOVED ANY PERCEIVED IMPEDIMENT TO THE RECOGNITION OF HEIGHTENED SCRUTINY FOR SEXUAL ORIENTATION CLASSIFICATIONS ............ 6 II. SEXUAL ORIENTATION CLASSIFICATIONS WARRANT HEIGHTENED SCRUTINY ........................... 9 A. Sexual Orientation Classifications Raise The Same Concerns As Other Classifications Accorded Heightened Scrutiny ...................................................... 9 B. Gay People Have Suffered A Long History Of Prejudicial Discrimination .......................................... 14 C. Sexual Orientation Bears No Relation To A Persons Ability To Perform In Or Contribute To Society ...... 19 D. Sexual Orientation Is A Distinguishing Characteristic That Defines A Discrete Group ........................ 22 E. Gay People Remain Disadvantaged In The Political Arena .............................. 24 CONCLUSION ......................................................... 29 APPENDIX (i) ii TABLE OF AUTHORITIES Page(s) CASES: Able v. United States, 968 F. Supp. 850 (E.D.N.Y. 1997) ................................................. 18 Ben-Shalom v. Marsh, 881 F.2d 454 (7th Cir. 1989) ............................................... 8, 15 Bowen v. Gilliard, 483 U.S. 587 (1987) ........ 13, 22 Bowers v. Hardwick, 478 U.S. 186 (1986) ..........................................................passim Christian Legal Socy Chapter of the Univ. of Cal., Hastings Coll. of Law v. Martinez, 130 S. Ct. 2971 (2010) ........................................................... 18, 22 Citizens for Equal Protection v. Bruning, 455 F.3d 859 (8th Cir. 2006) ............................. 21 City of Cleburne v. Cleburne Living Ctr., 473 U.S. 432 (1985) ....................................passim City of New Orleans v. Dukes, 427 U.S. 297 (1976) .......................................................... 10 Clark v. Jeter, 486 U.S. 456 (1988) ..................... 10 Conaway v. Deane, 932 A.2d 571 (Md. 2007) .................................................................. 16 Cook v. Gates, 528 F.3d 42 (1st Cir. 2008) .................................................................... 8 Craig v. Boren, 429 U.S. 190 (1976).................... 27 Equal. Found. of Greater Cincinnati, Inc. v. City of Cincinnati, 54 F.3d 261 (6th Cir. 1995) ....................................................... 7, 20 iii TABLE OF AUTHORITIESContinued Page(s) Equal. Found. of Greater Cincinnati, Inc. v. City of Cincinnati, 860 F. Supp. 417 (S.D. Ohio 1994) ................................................ 20 Frontiero v. Richardson, 411 U.S. 667 (1973) ..........................................................passim Golinski v. U.S. Office of Pers. Mgmt., 824 F. Supp. 2d 968 (N.D. Cal. 2012) ........passim High Tech Gays v. Def. Indus. Sec. Clearance Office, 895 F.2d 563 (9th Cir. 1990) .................................................................... 8 High Tech Gays v. Def. Indus. Sec. Clearance Office, 909 F.2d 375 (9th Cir. 1990) .................................................................... 8 In re Marriage Cases, 183 P.3d 384 (Cal. 2008) .................................................................. 23 Jantz v. Muci, 759 F. Supp. 1543 (D. Kan. 1991) ......................................................... 20 Jantz v. Muci, 976 F.2d 623 (10th Cir. 1992) .................................................................... 7 Kerrigan v. Commr of Pub. Health, 957 A.2d 407 (Conn. 2008) ........................passim Lawrence v. Texas, 539 U.S. 558 (2003) ......passim Locke v. Davey, 540 U.S. 712 (2004) ................... 10 Lofton v. Secy of the Dept of Children & Family Servs., 358 F.3d 804 (11th Cir. 2004) .................................................................... 8 Lyng v. Castillo, 477 U.S. 635 (1986) ........... 11, 13 Mass. Bd. of Ret. v. Murgia, 427 U.S. 307 (1976) ....................................passim Matthews v. Lucas, 427 U.S. 495 (1976) ....... 11, 12 iv TABLE OF AUTHORITIESContinued Page(s) Mills v. Habluetzel, 456 U.S. 91 (1982) .............. 11 Nyquist v. Mauclet, 432 U.S. 1 (1977) ................ 13 Padula v. Webster, 822 F.2d 97 (D.C. Cir. 1987) .................................................................... 8 Palmore v. Sidoti, 466 U.S. 429 (1984) . 1 9 Pedersen v. Office of Pers. Mgmt., 881 F. Supp. 2d 294 (D. Conn. 2012) ........passim Perry v. Schwarzenegger, 704 F. Supp. 2d 921 (N.D. Cal. 2010) ........passim Plyler v. Doe, 457 U.S. 202 (1982) ................. 10, 23 Price-Cornelison v. Brooks, 524 F.3d 1103 (10th Cir. 2008) .......................................... 8 Richenberg v. Perry, 97 F.3d 256 (8th Cir. 1996) ............................................................. 7 Romer v. Evans, 517 U.S. 620 (1996) .................. 10 Rowland v. Mad River Local Sch. Dist., 470 U.S. 1009 (1985) ..................................... 7, 15 San Antonio Indep. Sch. Dist. v. Rodriguez, 411 U.S. 1 (1973) .....................passim Scarbrough v. Morgan Cnty. Bd. of Educ., 470 F.3d 250 (6th Cir. 2006) ................... 8 Snetsinger v. Montana Univ. Sys., 104 P.3d 445 (Mont. 2004) ................................ 12 Steffan v. Perry, 41 F.3d 677 (D.C. Cir. 1994) .................................................................. 20 Thomasson v. Perry, 80 F.3d 915 (4th Cir. 1996) ..................................................... 7 United States v. Virginia, 518 U.S. 515 (1996) .................................................... 11, 15 v TABLE OF AUTHORITIESContinued Page(s) Watkins v. U.S. Army, 875 F.2d 699 (9th Cir. 1989) ............. 8, 13, 20, 23 Witt v. U.S. Dept of Air Force, 527 F.3d 806 (9th Cir. 2008) ............................... 8 Woodward v. United States, 871 F.2d 1068 (Fed. Cir. 1989) ........................... 8 OTHER AUTHORITIES: American Psychological Association, Sexual Orientation and Homosexuality ........... 24 John Hart Ely, Democracy and Distrust: A Theory of Judicial Review 162 (1980)....... 7, 13 Douglas Haldeman, The Practice and Ethics of Sexual Orientation Conversion Therapy, 62 J. Consulting & Clinical Psychol. 221 (1994) ......................... 24 Jerome Hunt, Why the Gay and Trans- gender Population Experiences Higher Rates of Substance Abuse, Center for American Progress (Mar. 9, 2012) ................... 26 Dan Levine, Obama Nominates Openly Gay Lawyer For Patent Appeals Court (Feb. 7, 2013) ..................................................... 25 Katie Miller and Jeff Krehely, New Data Demonstrates Unique Needs of Gay and Transgender Families (Oct. 31, 2012) ............. 26 Natl Ctr. for Health Statistics, Sexual Behavior, Sexual Attraction, and Sexual Identity in the United States: Data From the 20062008 National Survey of Family Growth .................................. 24 vi TABLE OF AUTHORITIESContinued Page(s) Note, The Constitutional Status of Sexual Orientation: Homosexuality as a Suspect Classification, 98 Harv. L. Rev. 1285 (1985) .......................................................... 7 Policy Concerning Homosexuality in the Armed Forces: Hearings Before the Sen. Comm. on Armed Servs., S. Hrg. No. 103-845, 103rd Cong., 2d Sess. (1993) ............. 18 Kenneth D. Wald, The Context of Gay Politics, in The Politics of Gay Rights (C. Rimmerman, K. Wald & C. Wilcox eds., 2000) ......................................................... 26 IN THE Supreme Court of the United States _________ No. 12-144 _________ DENNIS HOLLINGSWORTH, et al., Petitioners, v. KRISTIN M. PERRY, et al., Respondents. _________ On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit _________ BRIEF FOR AMICI CURIAE LEADERSHIP CONFERENCE ON CIVIL AND HUMAN RIGHTS, BAR ASSOCIATIONS AND PUBLIC INTEREST AND LEGAL SERVICE ORGANIZATIONS IN SUPPORT OF RESPONDENTS _________ INTEREST OF AMICI CURIAE Amici are a coalition of bar associations, civil and human rights groups, and public interest and legal service organizations committed to preventing, combating, and redressing discrimination, and protecting the equal rights of women and minorities in the United States, including African-Americans, Latinos, Asian Americans and Pacific Islanders, and 2 lesbian, gay, bisexual, and transgender people. 1 Amici have a vital interest in ensuring that the Constitutions guarantee of equal protection effectively protects all people from invidious discrimination
Load more

Recommended publications
  • Organizations Endorsing the Equality Act
    647 ORGANIZATIONS ENDORSING THE EQUALITY ACT National Organizations 9to5, National Association of Working Women Asian Americans Advancing Justice | AAJC A Better Balance Asian American Federation A. Philip Randolph Institute Asian Pacific American Labor Alliance (APALA) ACRIA Association of Flight Attendants – CWA ADAP Advocacy Association Association of Title IX Administrators - ATIXA Advocates for Youth Association of Welcoming and Affirming Baptists AFGE Athlete Ally AFL-CIO Auburn Seminary African American Ministers In Action Autistic Self Advocacy Network The AIDS Institute Avodah AIDS United BALM Ministries Alan and Leslie Chambers Foundation Bayard Rustin Liberation Initiative American Academy of HIV Medicine Bend the Arc Jewish Action American Academy of Pediatrics Black and Pink American Association for Access, EQuity and Diversity BPFNA ~ Bautistas por la PaZ American Association of Child and Adolescent Psychiatry Brethren Mennonite Council for LGBTQ Interests American Association of University Women (AAUW) Caring Across Generations American Atheists Catholics for Choice American Bar Association Center for American Progress American Civil Liberties Union Center for Black Equity American Conference of Cantors Center for Disability Rights American Counseling Association Center for Inclusivity American Federation of State, County, and Municipal Center for Inquiry Employees (AFSCME) Center for LGBTQ and Gender Studies American Federation of Teachers CenterLink: The Community of LGBT Centers American Heart Association Central Conference
    [Show full text]
  • LGBTQ Organizations Unite in Calling for Transformational Change in Policing
    LGBTQ Organizations Unite in Calling for Transformational Change in Policing Black people have been killed, Black people are dying at the hands of police, our country is in crisis, and we all need to take action. We cannot sit on the sidelines, we cannot acquiesce, and we cannot assign responsibility to others. We, as leaders in the LGBTQ movement, must rise up and call for structural change, for divestment of police resources and reinvestment in communities, and for long-term transformational change. Now is the time to take action, and this letter amplifies our strong calls for urgent and immediate action to be taken. Ongoing police brutality and systemic racism have plagued this nation for generations and have been captured on video and laid bare to the public in the United States and around the world. In 2019, more than 1,000 people were killed at the hands of the police.1 We mourn the unacceptable and untimely deaths of Michael Brown, Tamir Rice, Sandra Bland, Philando Castile, Eric Garner, Stephon Clark, Freddie Gray, George Floyd, Breonna Taylor, Mya Hall, Tony McDade, Rayshard Brooks, and many more who were gone too soon. We have seen with increased frequency the shocking video footage of police brutality. Officers have been recorded instigating violence, screaming obscenities, dragging individuals out of cars, using unnecessary force, holding individuals at gunpoint, and kneeling on peoples’ necks to the desperate plea of “I can’t breathe.” These occurrences are stark reminders of a police system that needs structural changes, deconstruction, and transformation. No one should fear for their lives when they are pulled over by the police.
    [Show full text]
  • Orgs Endorsing Equality Act 3-15-21
    638 ORGANIZATIONS ENDORSING THE EQUALITY ACT National Organizations 9to5, National Association of Working Women Asian Pacific American Labor Alliance (APALA) A Better Balance Association of Flight Attendants – CWA A. Philip Randolph Institute Association of Title IX Administrators - ATIXA ACRIA Association of Welcoming and Affirming Baptists ADAP Advocacy Association Athlete Ally Advocates for Youth Auburn Seminary AFGE Autistic Self Advocacy Network AFL-CIO Avodah African American Ministers In Action BALM Ministries The AIDS Institute Bayard Rustin Liberation Initiative AIDS United Bend the Arc Jewish Action Alan and Leslie Chambers Foundation Black and Pink American Academy of HIV Medicine BPFNA ~ Bautistas por la PaZ American Academy of Pediatrics Brethren Mennonite Council for LGBTQ Interests American Association for Access, EQuity and Diversity Caring Across Generations American Association of Child and Adolescent Psychiatry Catholics for Choice American Association of University Women (AAUW) Center for American Progress American Atheists Center for Black Equity American Bar Association Center for Disability Rights American Civil Liberties Union Center for Inclusivity American Conference of Cantors Center for Inquiry American Counseling Association Center for LGBTQ and Gender Studies American Federation of State, County, and Municipal CenterLink: The Community of LGBT Centers Employees (AFSCME) Central Conference of American Rabbis American Federation of Teachers Chicago Theological Seminary American Heart Association Child Welfare
    [Show full text]
  • 2010-2011 Gratitude Report (PDF)
    Love. Laugh. Lead. 2010-2011 GRATITUDE REPORT | PRIDE FOUNDATION 2010–2011 GRATITUDE REPORT 1 For over a quarter century, Pride Foundation has believed that the only way to thrive and make the most of change is to plunge into it, move with it, and join the dance. Because of unwavering support from the lesbian, gay, bisexual, transgender and queer community, Pride Foundation has made many strides and won game-changing victories for equal rights. As our work expands and momentum builds across the Northwest, change has lead to growth. And as we grow, we are profoundly grateful to all of our supporters for providing opportunities to love, laugh and lead. 2010–2011 GRATITUDE REPORT 2 2010-2011 GRATITUDE REPORT - FROM OUR BOARD PRESIDENT We have been inspired by so many individuals and organizations who shared their memories and stories, challenges and triumphs. With an expanded staff presence across the Northwest, we have been particularly excited to listen one-on-one, and engage new friends and supporters: a mother who lost a son to AIDS and turned her pain into action volunteering at a health clinic; a scholar who spearheaded the creation of a gay-straight-alliance to combat bullying on her campus; and a photographer whose work shares the diversity and beauty of our community are just some of the people we’ve been honored to work alongside. This past spring, after guiding Pride Foundation for more than ten years, our cherished Executive Director, Audrey Haberman, started a new position at Philanthropy Northwest. Audrey was instrumental in building the strong and vibrant community foundation we all love.
    [Show full text]
  • Washington Apple Health Transgender Health Coverage Frequently Asked Questions for People with Apple Health Insurance
    Washington Apple Health Transgender Health Coverage Frequently Asked Questions for people with Apple Health Insurance Gender Justice League 8/11/15 Washington Apple Health - Transgender Health Program Frequently Asked Questions for people with Apple Health Insurance Author: Danni Askini, MSW, Executive Director, Gender Justice League Editing & Fact Checking by: Tobi Hill-Mayer, Jessica Littenberg, Elayne Wylie, David Ward, Lisa Brodoff, and Jenni Wong Many thanks to: Pride Foundation, Legal Voice, The Seattle Univeresity School of Law, Ingersoll Gender Center, Equal Rights Washington, Basic Rights Oregon, GSBA, Gay City Health Project, Transgender Law Center, National Center for Trans Equality, Center for American Progress, and the Coalition for Inclusive Healthcare. Contents Copywrite: Danni Askini & Gender Justice League, 1433 12th Avenue 1A, Seattle, WA 98122 © 2015 All Rights Reserved Frequently Asked Questions on Apple Health Transgender Health Program 2 Gender Justice League 8/11/15 PREFACE Background Up until 2014, most health insurance plans in Washington would not pay for transition-related health care services for transgender people due to rules known as trans health exclusions. Due to the efforts of committed organizations and activists, these exclusions are now mostly gone in Washington State. Additionally, as of August 31st, 2015, the Washington Apple Health program (Washington’s version of Medicaid) is required to pay for all medically necessary transgender health care services. This means that you can now work with your primary health care providers to get many transgender health care treatments and transition-related care paid for by Washington’s Apple Health Program. About this Frequently Asked Question’s Document: This FAQ is not intended as legal advice, merely as a tool to help explain what we know about the current policy as outlined by the Washington Healthcare Authority.
    [Show full text]
  • DREAM-Act-LGBTQ-Sign
    The Honorable Mitch McConnell The Honorable Paul Ryan U.S. Capitol Building, Room S-230 U.S. Capitol Building, Room 232 Washington, DC 20510 Washington, DC 20515 The Honorable Chuck Schumer The Honorable Nancy Pelosi Hart Senate Office Building, Room 419 U.S. Capitol Building, Room 204 Washington, DC 20510 Washington, DC 20515 Dear Leader McConnell, Leader Schumer, Speaker Ryan, and Leader Pelosi: The undersigned 127 lesbian, gay, bisexual, transgender, and queer (LGBTQ) and allied organizations call on Congress to pass a clean Dream Act before the end of this year. Congress has no excuse not to pass the Dream Act of 2017. The bipartisan bill has the support of a majority of Americans,1 including those who identify as Trump supporters.2 Congress has a responsibility to address this issue and to be in solidarity with immigrants by passing the Dream Act without harmful provisions such as increased border or interior enforcement as well as any cuts to other immigration categories, such as refugees, diversity visa lottery recipients, and green card holders. Dreamers are a part of the American family and help make our communities vibrant. Moreover, passing the Dream Act would add a total of $22.7 billion to the United States’ GDP every year; gains that could add up to as much as $1 trillion over the next decade when including the productivity bump that would result from dreamers’ increased educational attainment.3 Under the Deferred Action for Childhood Arrivals Program (DACA), thousands of LGBTQ people have been able to pursue higher education, improve their economic security, and live securely with their families and in their communities.4 Additionally, DACA has empowered a number of its recipients to come out as LGBTQ to authentically live their lives.
    [Show full text]
  • View the 2015 IRUO Project Report
    IRUO Project Report A behavioral health survey of LGBTQ immigrant, refugee, and undocumented individuals living in Seattle-King County In May 2015, Seattle Counseling Service received funding to identify major barriers LGBTQ- identified immigrant, refugee, and undocumented individuals face in accessing behavioral health services in the Seattle-King County area. In addition to identifying these barriers, the Immigrant, Refugee, and Undocumented Outreach (IRUO) Project seeks to address how local service agencies can work in collaboration with community partners to eliminate these barriers and improve access to services for this community. IRUO Project Report Asian Counseling and Referral HopeLink Office of Refugee Resettlement Seattle Goodwill Service (ACRS) Horn of Africa One America Seattle Globalist Asylum Connect Ingersoll Gender Center Oye Producciones Seattle Public Library Cascade Housing Foundation Intercommunity Peace and Justice Pacific Hospital Preservation St. James Immigrant Assistance Center and Development Authority Center for Multicultural Health Story Corps/NPR City of Seattle LGBT Commission International Community Health People of Color Against Aids Swedish Health Services Services Network City of Seattle LGBTQ Employee Tisocco Immigration Law Group International Rescue Committee Pecha Chuka Seattle Tuberculosis Control Program, City of Seattle/ Latino City Immigration Equality QPOC Seattle Prevention Division Employees Japanese American Citizens Pride Foundation University of Washington League (JALC) City of Seattle/Council
    [Show full text]
  • 2006 Annual Report
    WE ARE WHERE YOU ARE THE HUMAN RIGHTS CAMPAIGN AND HUMAN RIGHTS CAMPAIGN FOUNDATION 2006 ANNUAL REPORT LETTERS FROM THE BOARD CO-CHAIRS For the first time, same-sex couples are protected under federal By lifting up the voices of gay, lesbian, bisexual, transgender pension law without facing the harshest of tax penalties. For the and straight-supportive Americans, the Human Rights Cam- second time, hundreds of thousands of families and the U.S. paign Foundation has spent the last several years making Constitution were protected from the politics of discrimina- — and winning — the case that a commitment to equality tion. And for the 26th time since the Human Rights Campaign is the fabric that binds this nation together. began our work, our political team pressed non-stop to bring fair-minded members to Congress and state legislatures By launching a new Religion and Faith Program last year, the across the country resulting in 211 of the Human Rights Human Rights Campaign Foundation is engaging a whole Campaign’s endorsed candidates winning their races. The new group of Americans in a dialogue about equality. For Human Rights Campaign spent $1.3 million supporting pro- too long, the far right has claimed religion as its own. We’re equality candidates in this election cycle — plus, we sent taking that back. more than 60 staff members out into the field to help get HRC members to the polls on Election Day. Continuing to lead the way for fairness in employment for GLBT Americans, the Human Rights Campaign Founda- The Human Rights Campaign continues to work in large tion’s Workplace Project is responsible for ensuring that and small ways to ensure gay, lesbian, bisexual and trans- millions of workers get equal access on the job.
    [Show full text]
  • Resolution 2019/20-28 Affirming Inclusion of Our LGBTQIA+ Students, Staff, & Community
    SCHOOL BOARD ACTION REPORT DATE: March 9, 2020 FROM: Director Zachary DeWolf For Introduction: March 25, 2020 For Action: April 7June 10, 2020 1. TITLE Resolution 2019/20-28 Affirming Inclusion of Our LGBTQIA+ Students, Staff, & Community. 2. PURPOSE This Board Action Report presents a resolution in support of meaningful actions that affirm inclusion of LGBTQIA+ students, staff, and community in Seattle Public Schools. 3. RECOMMENDED MOTION I move that the School Board approve Resolution 2019/20-28 affirming inclusion of LGBTQIA+ students, staff, and community in Seattle Public Schools. 4. BACKGROUND INFORMATION a. Background The LGBTQIA+ inclusion resolution responds to the advocacy of LGBTQIA+ students, families, and allied community, most notably through the organizing efforts of Inclusive Washington, as well as LGBTQIA+ inclusion advocates more broadly, who demand that we fiercely affirm Seattle Public Schools commitment to LGBTQIA+ inclusion and identity safety in our District. The community conversation that ultimately developed the Inclusive Washington checklist in October 2018, laid out ten different ideas that school districts can execute to advance the safety and belonging of all Washington State children and youth, particularly students who identify as queer, transgender, and gender diverse. Beginning in late-November 2019, Director DeWolf began working on a resolution to respond to the concerns about LGBTQIA+ inclusion and identity safety in Seattle Public Schools. b. Alternatives Not approve the resolution. This alternative is not recommended, as Seattle Public Schools School Board Policy No. 0030, Ensuring Educational and Racial Equity, asserts the district’s commitment to actions that achieve equitable access, safe & welcoming environments, and recognize diversity in Seattle Public Schools.
    [Show full text]
  • WA Birth Certification Comments
    Principals for Department of Health on Rulemaking Regarding Non-Binary Gender Markers To: Washington State Department of Health, Vital Statistics From: Danni Askini, Executive Director - Gender Justice League Date: September 11th, 2017 Re: Re: Rule Making CR-101 for Chapter 246-490 WAC, Vital statistics - Non-Binary Gender Markers and Requirements for Sex Designation Change on Washington Birth Certificates Gender Justice League along with Ingersoll Gender Center, National Center for Transgender Equality, Trans United, Legal Voice, Seattle Men’s and Women’s Chorus, LGBTQ Allyship, Greater Seattle Business Association, Equal Rights Washington, Third Gender Washington, Seattle Counseling Services, and Entre Hermanos would like to submit the following principals to the Washington State Department of Health Vital Statistics office for your consideration when considering rule making regarding sex designation / gender marker changes on Washington Birth Certificates. Our organizations serve several thousands of two-spirit, non-binary, trans, and gender diverse though out Washington State. On behalf of our clients and community we are pleased that the Washington Department of Health has recognized the need for the State of Washington to expand sex designations beyond a binary male/female and is considering opening a rulemaking process to reevaluate the current policies and consider new procedures for changes of sex designation on birth certificates. We humbly submit the following commentary on behalf of the undersigned organizations on what we believe are some core principals the Washington Department of Health should consider when undertaking this rulemaking process. Principles in crafting a new policy on sex designations on birth certificates: 1. Washingtonians should be allowed to decide their sex or gender identity without confirmation from third parties.
    [Show full text]
  • LGBTQ Organizations Unite in Calling for Transformational Change in Policing
    LGBTQ Organizations Unite in Calling for Transformational Change in Policing Black people have been killed, Black people are dying at the hands of police, our country is in crisis, and we all need to take action. We cannot sit on the sidelines, we cannot acquiesce, and we cannot assign responsibility to others. We, as leaders in the LGBTQ movement, must rise up and call for structural change, for divestment of police resources and reinvestment in communities, and for long-term transformational change. Now is the time to take action, and this letter amplifies our strong calls for urgent and immediate action to be taken. Ongoing police brutality and systemic racism have plagued this nation for generations and have been captured on video and laid bare to the public in the United States and around the world. In 2019, more than 1,000 people were killed at the hands of the police.1 We mourn the unacceptable and untimely deaths of Michael Brown, Tamir Rice, Sandra Bland, Philando Castile, Eric Garner, Stephon Clark, Freddie Gray, George Floyd, Breonna Taylor, Mya Hall, Tony McDade, Rayshard Brooks, and many more who were gone too soon. We have seen with increased frequency the shocking video footage of police brutality. Officers have been recorded instigating violence, screaming obscenities, dragging individuals out of cars, using unnecessary force, holding individuals at gunpoint, and kneeling on peoples’ necks to the desperate plea of “I can’t breathe.” These occurrences ​ are stark reminders of a police system that needs structural changes, deconstruction, and transformation. No one should fear for their lives when they are pulled over by the police.
    [Show full text]
  • 1 SCOTUS Amicus Brief Annotations – US V. Windsor As of 3/1/13, Prepared by Gay & Lesbian Advocates & Defenders
    SCOTUS Amicus Brief Annotations – U.S. v. Windsor As of 3/1/13, Prepared by Gay & Lesbian Advocates & Defenders (Boston, MA), Amici Coordinators I. Amici Briefs on the Jurisdictional Questions: 1. Former DOJ Officials Brief for Amici Curiae Former Senior Justice Department Officials and Former Counsels to the President in Support of Jurisdiction • Firm: Wilmer Cutler Pickering Hale & Dorr (MA) • Amici: Former Senior Justice Department Officials and Former Counsels to the President in Support of Jurisdiction: Gregory B. Craig, Counsel to the President 2009 ‐2010; Drew S. Days III Solicitor General 1993 – 1996; Arthur B. Culvahouse, Jr., Counsel to the President 1987 – 1989; Walter E. Dellinger III, Acting Solicitor General 1996 – 1997 and Assistant Attorney General for the Office of Legal Counsel 1993 – 1996; Charles Fried, Solicitor 1985 – 1989; Dawn E. Johnsen Acting Assistant Attorney General for the Office of Legal Counsel 1997 – 1998; Douglas W. Kmiec, Assistant Attorney General for the Office of Legal Counsel 1988 – 1989; Daniel Levin Acting Assistant Attorney General for the Office of Legal Counsel 2004 – 2005; Randolph D. Moss Assistant Attorney General for the Office of Legal Counsel 2000 ‐ 2001 and as Acting Assistant Attorney General for the Office of Legal Counsel 1998 – 2000; Beth Nolan, Counsel to the President 1999 – 2001; Bernard W. Nussbaum Counsel to the President 1993 – 1994; John M. Quinn, Counsel to the President 1995 – 1996; Seth P. Waxman, Solicitor General 1997 and 2001. • Description: The decision to enforce a statute while declining to argue in its defense is a measured approach that respects both the presumption of validity accorded to Acts of Congress and the Judiciary’s role as the arbiter of constitutionality.
    [Show full text]