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

SPRING 2010

INSIDE THIS ISSUE:

Fair Play: NCLR Challenges Discriminatory Sports Practices Page 3 Photo by Trish Tunney | www.trishtunney.com Tunney Trish by Photo

Kate Clinton, Jane Lynch, and Kate Kendell Celebrating 33 Years of Fierce Legal Advocacy Thirty-three years ago Donna Hitchens and Roberta Achtenberg founded the Rights Project to secure the parenting rights of lesbian mothers who NCLR Hires New Federal were losing custody of their kids, which soon expanded to include advocacy for Policy Attorney Maya the rights of all LGBT people. The National Center for Lesbian Rights grew out of Rupert Page 4 their commitment and passion for justice for LGBT people and our families. On May 1st, a crowd of over 1,200 members and allies of the lesbian, , bisexual, and transgender community celebrated NCLR’s founders’ dream and 33 years of groundbreaking legal advocacy for LGBT people. The night was a celebration of our history, our future, and the courage of our community.

In addition to celebrating NCLR’s legal victories and more women than any other national gay or lesbian fierce advocacy, Vicki Randle and Will Phillips were publication. Wolfe Video, now in its 25th year, is the honored for their commitment to advancing the rights oldest and largest exclusive distributor of gay and lesbian of the LGBT community. Legendary musician Cris films in the world. Together,Curve Magazine and Wolfe Williamson awarded Vicki Randle with the Voice and Video have helped provide our community a voice in A Fragile Balance: The Visibility Award. Vicki was the first (and only) female print and in film. Story of Harold Scull and member of the Tonight Show Band, starting with host In addition to honoring the remarkable achievements of Jay Leno in 1992. Clay Greene Vicki Randle and Will Phillips, the night was made even Pages 6-7 Judy Shepard awarded the Fierce Ally Award to Will more extraordinary by special guests from Mississippi Phillips, the ten-year-old fifth grader from Arkansas Constance McMillen, Ceara Sturgis, and their attorneys who gained international attention for his refusal to from the ACLU. Constance was unable to attend her say the Pledge of Allegiance at West prom after her school canceled it rather than let her Fork Elementary School because of its false promise attend in a tuxedo with her girlfriend. Ceara was told she of “liberty and justice for all.” In an emotionally stirring could not wear a tuxedo in her senior picture and was speech, Judy Shepard reminded us of the importance of omitted from her school’s yearbook. reaching out to allies in the pursuit of justice. With all that Constance and Ceara had endured, NCLR Curve Magazine and Wolfe Video were also honored wanted to surround them with the love and support they with NCLR’s Outstanding Community Partner Award, deserved. Will, Constance, and Ceara represent what NCLR Champions of which recognizes organizations and companies for their is to come—and in their courage and hope, we can find unwavering support of the LGBT community and their inspiration and strength for the next 33 years. There is Justice: Sandra Blair & long-standing relationship with NCLR. Curve Magazine, much still to be done, and as a leader in LGBT civil rights, Carol Cohen from its humble beginnings as a ’90s ‘zine, has grown NCLR will continue to be at the forefront of the fight for Page 8 into the nation’s best-selling lesbian magazine, read by full equality. nclrights.org

Dear NCLR Champion: Our Anniversary Event is always a much anticipated community celebration. It is always an inspirational and exhilarating evening—and this year’s event was no exception. But this year, somewhat without intention, there emerged a theme to the evening: courage.

We honored long-time, openly lesbian African- These young women have faced widespread and American musician Vicki Randle with the Voice and relentless meanness, but like Will Phillips, they have Visibility Award. Vicki is a percussionist and musician something far more powerful—the courage to stand and has been making beautiful music, proudly and up proudly, knowing they are beautiful and loved. openly, for decades—when doing so came with great Thank you ACLU for making sure that they knew they risk. Vicki’s award was presented by women’s music didn’t have to stand alone. pioneer and legend in her own right Cris Williamson, Vicki, Cris, Will, Judy, Constance, and Ceara are and together they broke into spontaneous drumming profiles in courage, they are how change happens. and song, leading the crowd in a moving rendition of “Lean on Me.” To hear our NCLR family sing in one All in all it was a transformative evening, illustrating voice was incredibly touching because there was how important and embracing community is, and truth to their words. how much we all need connection with these stories from our community. Everyday there is someone Judy Shepard’s grace and power in the face of such somewhere who takes a risk for justice and equality, a violent and tortuous loss is always a source of who stands up to criticism and ridicule to champion photo by Jeff Singer by photo photo by Jeff Singer by photo incredible humility and inspiration. Judy presented a principle or a person or an ideal. And every time the Fierce Ally Award to Will Phillips, who refused someone stands tall, we are all better off. a message from to stand for the Pledge of Allegiance in his 5th EXECUTIVE DIRECTOR grade West Fork, Arkansas classroom, because My personal pledge is to join Will, Constance, Judy, Ceara, Vicki, and Cris and to risk more every day in KATE KENDELL LGBT people do not have equal rights. Despite being bullied, teased, and ridiculed because of his the struggle for a fairer and more just nation. Please commitment to equality for all, Will stands strong join me and let me know your own stories of courage. and he stands tall. Together we will be the change. Will is one amazing kid, and so were our special Warmly, guests, Mississippi high school students Constance McMillen and Ceara Sturgis. We know our enemies are ever more cruel and evil, but rarely have we heard a story of such cruelty as that endured by Constance and Ceara.

BOARD OF DIRECTORS Joshua Delgado Melanie Rowen, Esq. 2010 PUBLIC INTEREST ASSOCIATE Angela Berry Legal Assistant Staff Attorney Cara Sherman, Esq. Angela Brown, Esq. Daniel Redman, Esq. Maya Rupert, Esq. NATIONAL ADVISORY BOARD Del Martin Memorial LGBT Elder Advocacy Federal Policy Attorney Stacey Camillo, J.D. Initiative Elder Law Project Fellow Cathy Sakimura, Esq. Kate Clinton - NY Emily Doskow, Esq. - Co-Chair Iain Finlay Fiona Martin - CO Erin Dominguez, Esq. Staff Attorney & Family Protection Project Manager of Finance & Administration Coordinator Yesenia Olivera-Leon - FL Dorothy Fernandez, Esq. Robin Galas Liz Seaton, Esq. Deborah Ortega, PhD. - CO Thelma Garza, J.D. Bookkeeper Director of Projects & Managing Attorney Barbara Russo - NY Kelly McCown, Esq. Kendra Garcia Christopher Stoll, Esq. Eileen Scallen, Esq. - MN Leigh Morgan Development Intern Senior Staff Attorney Jill Schlesinger – NY Michelle Ortiz - Co-Chair Kris Hermanns Amy Todd-Gher, Esq. Sarah M. Schmidt, Psy.D. – IL Maya Philipson Director of Planning & Development Senior Staff Attorney Olga Talamante Melissa Higuchi Ilona Turner, Esq. NATIONAL ADVISORY COUNCIL Minna Tao Development Assistant Staff Attorney Roberta Achtenberg, Esq. - CA Cecille Isidro Jaan Williams Carol Alpert - NY STAFF Communications Associate Transgender Equality Field Organizer Susan A. Gore - TX Jennifer Barth Sarah Isaacs, Esq. Ming Wong, Esq. Joyce Hunter - NY Office Manager Pro-Bono Attorney Helpline Attorney Surina Khan - CA Leanna Blankenship Angeles Jimenez Dena Zaldúa-Hilkene Phyllis Lyon - CA Development Associate & Database Coordinator Proyecto Poderoso Community Worker Manager of Annual Giving Lory Masters - TX Noemi Calonje Kate Kendell, Esq. 2010 LAW CLERKS Raquel Matas, Esq. - FL Immigration Project Director Executive Director Dan Dwyer Nancy Polikoff, Esq. - D.C. Helen J. Carroll Jody Marksamer, Esq. Lauren Marie Fleming Ruthann Robson, Esq. - NY Sports Project Director Staff Attorney & Youth Project Director Azael Chávez Laría Shannon Price Minter, Esq. Robert Garcia Abby R. Rubenfeld, Esq. - TN Project Assistant Legal Director Desiree Howard Carmen Vazquez - NY Lisa Cisneros, Esq. Eleanor Palacios Karim Kentfield Pride Law Fellow & Proyecto Poderoso Director Events Manager Angela Okamura Calla Rongerude Zach Strassburger 2 Director of Communications On The Docket | SPRING 2010

Fair Play: NCLR Challenges Discriminatory Looking to support NCLR in Practices at the Gay Softball World Series even more ways?

The predominantly white committee voted that Steven, LaRon, and Jon—all men of color—were Have a fixed budget with “non-gay,” but that the other two players, no wiggle room? both white—one of whom had given precisely the same answers as Jon—were gay. The committee voted multiple times on one player’s Want to get the merchants sexual orientation until it was decided that he at which you shop to was “non-gay.” donate to NCLR too? Concluding that D2 had too many “non- Steven Apilado (kneeling, second from right), Jon gay” players, the committee recommended Russ (standing, first player from left in front row), disciplinary measures against Steven, LaRon, and LaRon Charles (standing, center player in front and Jon, their team, and the row) with their team during the 2007 season. Gay Softball League, including forcing D2 to SUPPORT NCLR After playing together for years in the San retroactively forfeit their second-place World THROUGH eSCRIP! Francisco Gay Softball League, Steven Apilado, Series win. LaRon Charles, and Jon Russ traveled with their team, D2, to Seattle for the 2008 Gay Softball “When you play softball, you never expect for World Series. Organized by the North American anyone to corner you and ask you personal Gay Amateur Athletic Alliance (NAGAAA), the questions about who you are and what you do,” Gay Softball World Series attracts hundreds of said LaRon. “It was emotional for me as a coach LGBT athletes and their families from all over to go in there and not only get grilled, but watch my team be put in this situation. This had me the United States and Canada. In 2008, D2 had eScrip is a simple and free way practiced more than ever, and they had high angry, had me in tears, contemplating whether hopes of winning the World Series. I even want to be part of the league anymore for you to support NCLR at no after being in it since 1999.” cost to you. D2’s hard work paid off, and they made it all the way to the championship game. But during “This case shows that bisexual people are an the championship game their commitment integral part of the lesbian, gay, bisexual, and and eligibility were questioned by a team that transgender community. The San Francisco had lost a previous tournament round to them. team was truly diverse and welcomed bisexual, All you have to do is register your Citing a tournament rule that each team could gay, and straight players, and they saw each credit/debit cards and ATM cards have no more than two straight players, the other as not just teammates, but family,” said with eScrip—then any time you championship game was interrupted with NCLR Sports Project Director Helen Carroll. use one of them to shop with threats of protest of their eligibility. “We all deserve to be treated with respect no matter what part of the ‘LGBT’ we are. It a participating merchant, the The disruption, threats of protest, and damages our community to conduct witch merchant will donate up to 8% of increasingly hostile environment wore on the hunts and to exclude people from playing in a the purchase amount to NCLR. team, and D2 lost the championship in the sports league for not being ‘gay enough.’ We That’s right: you pay for only what World Series. The worst was yet to come. wouldn’t accept this kind of treatment from a you’re buying, and the store is the Immediately after their loss, five D2 players non-LGBT sports organization and we shouldn’t one who donates. Perfect! were summoned to a conference room for a do it to ourselves.” protest hearing. In a crowded room of over 25 people, each player was forced to answer Despite its stated policy of welcoming all players regardless of their sexual orientation, Sign up at www.escrip.com to intrusive questions about his sexual orientation make all your regular purchases at and his private life. the North American Gay Amateur Athletic Association, which organizes the Gay Softball over 150 merchants go to work for The players were interrogated by a NAGAAA World Series, has refused to change the NCLR. protest committee about their sexual discriminatory rule that excludes players orientation and forced to state whether they based on sexual orientation, to apologize to were “predominantly attracted to men” or Steven, LaRon, and Jon for the traumatic and NCLR’s Group Name: “predominantly attracted to women,” without humiliating public interrogation they endured, “National Center for Lesbian the option of answering that they were or to disavow the practice of interrogating attracted to both. The committee refused to players about their sexual orientations. NCLR Rights” or “NCLR” entertain the idea that the players could be and the law firm of K&L Gates LLP represent NCLR’s Group ID #: bisexual. In response to a player’s statement Steven, LaRon, and Jon in their challenge to 500022336 that he was attracted to both men and women, NAGAAA’s discriminatory practices, filed in the a NAGAAA member responded, “This is the United States District Court for the Western Gay World Series, not the Bisexual World District of Washington. Series.” 3 nclrights.org NCLR at the United States Supreme Court

The Supreme Court was witness to NCLR’s of Hastings and Outlaw, rejecting CLS’s of 138,000 people who signed petitions legal advocacy for LGBT rights in Christian arguments that the school’s policy violates supporting Referendum 71, a ballot initiative Legal Society v. Martinez and Doe v. Reed. its rights to freedom of speech, religion, designed to repeal basic protections for In Christian Legal Society v. Martinez, and association. The Supreme Court of the same-sex couples in Washington State. NCLR defended public universities’ non- United States granted CLS’s petition for writ Under Washington’s Public Records Act, discrimination policies and in Doe v. Reed, of certiorari and agreed to review the court of the signatures on referendum petitions are challenged anti-LGBT groups’ false claims of appeals’ decision. A decision is expected by public in order to prevent fraud and protect victimization. early July of 2010. the integrity of the lawmaking process. The On April 19th, the United States Supreme anti-gay groups are seeking to strike down Court heard arguments in Christian Legal Washington’s law, claiming that supporters of Society v. Martinez, in which it will consider anti-gay ballot campaigns would be exposed whether a student organization has a to harassment and intimidation by the LGBT constitutional right to obtain public funds and community if their names were made public. other government-provided benefits while “We’ve seen this tactic before when a reserving the right to exclude members on minority group is subject to political attack. the basis of race, sex, sexual orientation, or It is common to claim that the minority is any other factor. itself the aggressor from which protection is In 2004, the Christian Legal Society (CLS) required,” said Shannon Price Minter, NCLR filed a lawsuit against University of California Legal Director. “The Petitioners are making Hastings College of Law, arguing that the false claims to undermine laws that protect school’s non-discrimination policy violated the integrity and openness of the political NCLR returned to the Supreme Court for the group’s First Amendment right to process.” Doe v. Reed, joining the nation’s leading discriminate against LGBT and non-Christian LGBT legal organizations and the State of NCLR, with Lambda Legal and Gay and students. NCLR represents Outlaw, the LGBT Washington in defending open government Lesbian Advocates and Defenders, filed student group at Hastings, which intervened laws requiring public disclosure of the names a friend-of-the-court brief in the case, to defend the University’s policy. Hastings of voters who sign petitions supporting state vigorously and thoroughly refuting the false is represented by Greg Garre and Maureen ballot initiatives. On April 28th, the Supreme claims of harassment presented to the Court Mahoney of Lathan & Watkins LLP and Ethan Court heard arguments in Doe v. Reed, in by anti-gay groups. Schulman of Crowell & Moring LLP. which anti-LGBT groups asked the Court to A ruling in Doe v. Reed is also expected by On March 17, 2009, the United States Court overturn a decision of the Ninth Circuit Court early July 2010. of Appeals for the Ninth Circuit ruled in favor of Appeals ordering the release of the names

The National Center for Lesbian Rights Hires New Federal Policy Attorney Maya Rupert

NCLR is pleased immigration and asylum to relationship and School of Law (Boalt Hall), where she was to announce that family recognition,” said NCLR Executive editor-in-chief of the Berkeley Journal of we have added Director Kate Kendell. “Since our founding Gender, Law and Justice and a notes and a newly created in 1977, NCLR has played an increasingly comments editor of the African American position, federal visible national role in pioneering new legal Law and Policy Report. Prior to attending policy attorney, to strategies and policy initiatives to advocate law school, she worked as the program our national legal for the most vulnerable members of our director for the International Bill of Rights team. NCLR’s new community. We are excited to amplify Project. Additionally, she served as the attorney, Maya R. our role in the federal arena, and Maya is a research assistant with the Michael D. Palm Rupert, is based perfect fit for this position.” Center, a research institute of the University in the Eastern of California, Santa Barbara, which promotes Before joining NCLR, Maya was an associate Regional Office in Washington, D.C. where the study of lesbian, gay, bisexual, and with Sidley Austin LLP’s office, she will focus on changing federal policies transgender people in the armed forces. where she served as public interest fellow to end anti-LGBT discrimination and ensure with the ACLU Drug Law Reform Project. In her role as NCLR’s federal policy attorney, equality for LGBT people under the law. She is a current columnist with the L.A. Watts Maya will work to carry out NCLR’s mission to “This is a critical time for the LGBT Times, where she writes on issues of race, advance the civil and human rights of lesbian, community on a federal level, as we face gender, and politics. Maya clerked for the gay, bisexual, and transgender people and unprecedented legal challenges and Honorable Eric L. Clay of the Sixth Circuit their families through litigation, public policy opportunities across a tremendous array of Court of Appeals. She graduated in 2006 advocacy, and public education. issues from employment discrimination to from the University of California, Berkeley 4 On The Docket | SPRING 2010

Comprehensive Immigration Reform Plan NCLR Attorneys Featured in Prominent Anti-Poverty Includes LGBT Families Law Journal

In its March/April edition, The Clearinghouse Review: Journal of Poverty Law and Policy, a law journal published by the Sargent Shriver National Center on Poverty Law, featured two articles by NCLR attorneys. These articles highlight NCLR’s dedication to improving legal services for the most vulnerable members of our community.

Since the passage of Arizona’s harsh Immigration Project Director. “The Senators’ Proyecto Poderoso Director Lisa Cisneros and discriminatory immigration law, proposal recognizes that no reform is truly and Family Protection Project Director federal lawmakers have moved swiftly on comprehensive unless it includes the LGBT Cathy Sakimura published “Recognizing introducing federal legislation that would community.” and Responding to the Needs of Low- reform our current immigration system. On The U.S. Conference of Catholic Bishops Income Lesbian, Gay, Bisexual, and April 29th, Majority (USCCB), while recognizing the urgent need Transgender Clients.” The article speaks Leader Harry Reid (D-NV), Sen. Charles E. for comprehensive immigration reform, fell to the unique legal challenges faced Schumer (D-NY), and Sen. Robert Menendez short of full support of the Senators’ efforts. by low-income LGBT clients, and the (D-NJ) introduced a plan for comprehensive USCCB issued the following statement information, skills, and strategies that immigration reform. regarding the inclusion of LGBT families: would enable attorneys to effectively In addition to provisions on the enforcement “While we support the general advocate for them. of current laws and visa reform, the 26-page direction of the framework, outline proposes to end discriminatory In the same edition, NCLR Staff Attorney including a legalization of the practices against LGBT families. Immigration Melanie Rowen, with co-authors from undocumented and improvements reform, states the plan, “will eliminate Lambda Legal, the Center for Medicare to our employment and family- discrimination in the immigration laws by Advocacy, and the William Mitchell based immigration systems, permitting permanent partners of United College of Law published an article we strongly oppose extending States citizens and lawful permanent on providing legal aid to LGBT elders. marriage-like immigration benefits residents to obtain lawful permanent resident “Asserting Choice: Health Care, Housing, to same-sex relationships.” status.” and Property—Planning for Lesbian, Gay, USCCB endorsed the March for America, a Current immigration laws cruelly deny same- Bisexual, and Transgender Older Adults” rally for comprehensive immigration reform sex bi-national couples any way to protect discusses how advocates can best meet organized by diverse communities of faith. their relationships and stay together in this the needs of low-income LGBT older Thousands marched in Washington D.C. on country. The Uniting American Families Act, adults. The article provides advocates March 21st to demand immigration reform as described in Sens. Reid, Schumer, and with a guide on how to help LGBT older based on respect and compassion for Menendez’s plan, would put an end to this adults arrange their affairs and name immigrants, regardless of documentation, discriminatory practice and the unnecessary beneficiaries to reflect these older adults’ status, or country of origin. Among the separation of LGBT families. thousands were hundreds calling for the wishes and protect their partners. “This is an important step for a bill that helps passage of the Uniting American Families Act Copies of the articles are available at everyone, including LGBT immigrants and and the end of the cruel separation of LGBT www.povertylaw.org/clearinghouse- their families,” said Noemi Calonje, NCLR bi-national couples. review. 5 nclrights.org

Album Harold (left) and Clay (right). Below and opposite: photos of Harold and Clay from the scrapbook created by Harold for Clay in the last months of his life.

6 On The Docket | SPRING 2010

A Fragile Balance From time to time, NCLR takes on a case that touches the hearts of anyone who hears about it. Such is the case involving Clay Greene and Harold Scull, and we are deeply grateful for the outpouring of support for Clay.

In April 2008, Harold Scull, who at the age of 88 was very frail, fell on the front steps of the home he shared with his partner of 25 years, Clay Greene. Harold had endured open heart surgery, was on a number of medications that made him uncomfortable, and was in declining physical and mental health. When Harold fell, he did not want Clay to call an ambulance. But Clay knew that the fall was serious and that medical attention was required. He did what any of us would do—he called the paramedics. When Harold, in a fury, told the paramedics that Clay had pushed him, they reported the allegations, which were found to be unsubstantiated.

Then Harold and Clay’s nightmare truly representing Clay because we want to work for justice—not just for Harold began. Instead of handling Harold and make sure that what happened to Clay and Clay, but for all LGBT elders. Clay’s case appropriately, the County and Harold does not happen to anyone of Sonoma filed for conservatorship else. of Harold’s estate, seeking control of In 1999, NCLR launched our Harold’s finances. Without authority, groundbreaking Elder Law Project, the County auctioned off everything which advocates for policies and that both Harold and Clay owned. legislation to protect the medical and Virtually all of the couple’s belongings, financial rights of LGBT elders, and including numerous pieces of educates the professionals (health art, Hollywood memorabilia, and care providers, lawyers, case workers) collectibles, were sold at auction or who are charged with assisting them. have disappeared. In an early visit Last summer, we released Planning by County employees to review with Purpose: Legal Basics for LGBT the contents of the home, workers Elders, which we strongly urge every remarked on the couple’s treasures, member of our community to read. with one noting how much his “wife What happened to Harold and Clay is would love” a piece and a second a sobering reminder that we must take commenting how “great that would extra steps to protect our interests and look in my house” on another. When rights. Clay objected he was told to “shut up.” This is a case that has touched many County workers also removed Clay hearts. While we can never give Harold from his and Harold’s home and placed and Clay the peace they yearned for Clay in a different assisted living facility in their final days, we will continue to against his will. Three months after he was hospitalized, Harold died in a nursing home. Because of the County’s actions, Clay missed the final months IF YOU WOULD LIKE TO HELP CLAY, A TRUST HAS BEEN SET UP he should have had with his partner of IN HIS NAME AND CHECKS CAN BE MADE OUT TO “THE CLAY 25 years, and he has been unable to GREENE TRUST FUND” AND SENT TO THE FOLLOWING ADDRESS: recover his possessions. The vulnerabilities faced by the elderly in our society know no gender, race, class, or sexual orientation. But when our relationships and lives are not fully understood, embraced, and The Clay Greene Trust Fund protected by the larger culture and by Exchange Bank common experience, those universal 720 Gravenstein Hwy. North vulnerabilities grow exponentially. In those moments we see how our Sebastopol, CA 95472 lives exist in a fragile balance, where a simple fall can cause everything to come crashing down. NCLR is assisting the Law Office of Anne N. Dennis and You can also contribute online at http://claygreenetrustfund.chipin.com Tarkington, O’Neill, Barrack & Chong in 7 nclrights.org NCLR Champions of Justice A Conversation with Members of the NCLR Family: Sandra Blair & Carol Cohen

“We continue to be awed by NCLR’s efforts and successes, and have directly benefited from the growth of civil rights for all LGBT people.”

NCLR is blessed to have a strong and generous family of individual donors who are the foundation of support for the life- and law-changing work we do. And just who are these donors? We want to know, so we talked to Sandra Blair and Carol Cohen, two of NCLR’s longest-standing and loyal donors.

Sandra and Carol have been together 26 years—they met at NCLR’s annual celebration!—and live in Berkeley, California. Carol is a retired psychiatrist and Sandra is a Certified Family Law Specialist in San Francisco.

When and how did you first hear about fundraiser is where we met 26 years ago and What are your hopes for and expectations NCLR? started dating. We have been together ever of NCLR and our movement in the next few since. years? Sandi remembers when Donna and Roberta set up the Lesbian Rights Project in 1977 and Continued vigilance for protecting our Sandi also knew Donna Hitchens personally it later became NCLR. She was a supporter civil rights, including those of transgender and professionally. We continue to be awed from the very beginning. Carol learned people. We see NCLR as at the leading edge by NCLR’s efforts and successes, and have about NCLR through friends, in 1984 when of these battles. directly benefited from the growth of civil the annual fundraising event was at Davies rights for all LGBT people: our 23-year-old Symphony Hall in the Wattis Room. What do you tell others about NCLR? daughter Hannah has two legal moms; we are legally married; and Sandi is fully That it is a fabulous organization fighting the What inspired your first gift to NCLR, and recognized by Carol’s former employer. In good fight, that it needs financial support, is there anything in particular about NCLR addition, our daughter was an intern at the that it throws great party, and has a fabulous that has motivated you to continue giving Human Rights Campaign in Washington leader! through the years? D.C., and she and her cohort are continuing We are inspired by the wonderful work to fight against all forms of discrimination. NCLR does, and by the fact that the annual

8 On The Docket | SPRING 2010

NCLR Active Cases U.S. SUPREME COURT anti-LGBT groups are seeking to strike down represented by Amy Rose of Squire Sanders & a Washington law requiring disclosure of Dempsey, LLP, Algera Tucker, and Rachel Catt. Christian Legal Society v. Martinez the petitions as public records, claiming that Pending | California supporters of anti-LGBT ballot campaigns L.E. v. K.R. Like many public schools, the University of would be exposed to harassment and Victory! | Florida intimidation by the LGBT community if their California - Hastings College of the Law allows L.E. and K.R. were a female couple who had names were made public. law students to create student groups that can two children together in Washington. Each apply for official recognition and university In a friend-of-the-court brief, NCLR, Lambda partner gave birth to a child, and each adopted funding. To be recognized as an official student Legal, and Gay & Lesbian Advocates & her non-biological child through a second- group, all student groups must abide by Defenders (GLAD), together with the Human parent adoption in Washington. The couple Hastings’ non-discrimination policy. In 2004, Rights Campaign and the National Gay moved to Florida, and their relationship ended the Christian Legal Society (CLS) filed a lawsuit and Lesbian Task Force, joined the State of several years later. They successfully shared arguing that the non-discrimination policy Washington and others in defending open equal custody and visitation with both children violated the group’s alleged First Amendment government laws requiring public disclosure until K.R. broke their agreement to continue right to discriminate against LGBT and non- of the names of individuals who sign petitions doing so. Although the children had been raised Christian students. NCLR and co-counsel Paul supporting state ballot initiatives. The brief together all of their lives, K.R. decided that Smith of Jenner & Block LLP represent Outlaw, refutes the false claim that supporters of they should separate the children, disregard the LGBT student group at Hastings, which anti-LGBT initiatives have been subjected the second-parent adoptions, and each raise intervened to defend the University’s policy. to “systematic intimidation” by the LGBT only her biological child. K.R. unilaterally cut Hastings is represented by Greg Garre and community. In fact, it is LGBT people who off all contact between L.E. and her adopted Maureen Mahoney of Latham & Watkins LLP continue to suffer serious violence, harassment, daughter, and refused contact between the and Ethan Schulman of Crowell & Moring LLP. and discrimination, along with a 30-year children. barrage of ballot petitions aimed at stripping On March 17, 2009, the Ninth Circuit ruled in NCLR and local family law attorney Leslie LGBT people and other minority groups of favor of Hastings and Outlaw, rejecting CLS’s Talbot, of Leslie M. Talbot, P.A., represented basic protections. The Supreme Court heard arguments that the school’s policy violates L.E. in her custody case in the trial court, which oral arguments on April 28, 2010. A decision is its rights to freedom of speech, religion, and initially refused to recognize L.E.’s second- expected later this year. association. The Court explained: “Hastings parent adoption. NCLR and pro bono attorneys imposes an open membership rule on all from Carlton Fields appealed the decision. On student groups—all groups must accept all May 13, 2009, the Florida Court of Appeals PARENTING comers as voting members even if those unanimously reversed a lower court ruling and individuals disagree with the mission of the Charisma R. v. Kristina S. held that Florida must give full faith and credit group. The conditions on recognition are Victory! | California to adoptions granted to same-sex couples by therefore viewpoint neutral and reasonable.” other states. Charisma R. and Kristina S. were in a committed The Ninth Circuit’s decision affirmed an earlier relationship for six years. They decided to have ruling by United States District Court Judge Counsel for amicus included Lambda Legal, the children together, and Kristina gave birth to Jeffrey White upholding the non-discrimination law firm of Shook, Hardy & Bacon, LLP, the law their child in 2003. They started a baby journal policy against CLS’s First Amendment firm of Latham & Watkins, LLP, and Jon L. Mills and sent out a joint birth announcement. challenge. of University of Florida Levin College of Law. Charisma and Kristina cared for their child On December 7, 2009, the Supreme Court of together, and Charisma provided the primary Debra H. v. Janice R. the United States granted CLS’s petition for writ care after Kristina returned to work. When Partial Victory | New York of certiorari and agreed to review the court of their child was only a few months old, Kristina Debra H. and Janice R. were a same-sex couple appeals’ decision. The Supreme Court heard abruptly left their shared home and refused to living in New York who planned to have a child oral argument in the case on April 19, 2010. A allow Charisma to have any contact with their together and entered a Vermont civil union. decision is expected by early July of 2010. baby. After Janice gave birth to a child conceived Doe v. Reed Charisma was initially denied the ability to seek through alternative insemination, Debra and Pending | Washington visitation, but the Court of Appeal held that she Janice lived together and parented their child could be a parent under California law. In 2006, together for over two years. After the couple In this case, anti-LGBT groups are asking the the Family Court held that Charisma is a legal separated, Debra continued to visit the child U.S. Supreme Court to overturn a decision parent and awarded her visitation. The Court regularly, until Janice cut off contact when the ordering the release of the names of 138,000 of Appeal upheld this decision, and the U.S. child was four-and-a-half years old. A trial court people who signed petitions supporting a Supreme Court refused Kristina’s request to awarded Debra visitation, and Janice appealed ballot initiative to repeal basic protections review that decision on Feb. 22, 2010. that decision, arguing that Debra should have for same-sex couples in Washington state. In no parental rights. November 2009, Washington voters rejected Charisma is represented pro bono by Amanda this attempt—Referendum 71—and preserved List and Deborah Wald, with assistance The highest court in New York held on May 4, the state’s domestic partnership law. The from NCLR. Charisma has been previously 2010 that Debra is a legal parent because New

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York must recognize a Vermont Civil Union between the children. Leslea sought joint teacher, supported Dianne while she was in for purposes of parentage. Unfortunately, the custody for both children and child support. graduate school, and they took out a mortgage Court declined to overrule an earlier case, The Court of Appeals held that Leslea was not on their jointly-owned home so that Dianne Alison D. v. Virginia M., which held that non- allowed to ask the court for custody or child could pay off her school loans. In 2007, their biological and non-adoptive parents cannot support. relationship ended. If Marilynn and Dianne had seek custody or visitation, leaving many families been married, the law would have protected With cooperating attorney Arlene Zarembka, without legal protection. Marilynn, who could have been awarded NCLR joined an amicus letter by the ACLU of payments from Dianne’s future income or NCLR wrote an amicus brief to the Court of Eastern Missouri, ACLU of Western Missouri, earnings. Instead, Marilynn was left with full Appeals that was joined by LGBT advocacy and ACLU Foundation, asking the Missouri responsibility for the entire mortgage that had organizations from around the country. This Supreme Court to accept the case. Leslea paid for Dianne’s education. brief was filed with the pro bono assistance of White is represented on appeal by Kutak Rock, Wilson Sonsini Goodrich & Rosati. LLP and Lambda Legal. The Missouri Supreme At the trial court, Marilynn asked to be Court denied the request on October 6, 2009. compensated for repaying Dianne’s school Smith v. Quale loans. Instead, the trial court ordered Marilynn Victory! | California Karen Atala Riffo v. Chile to pay Dianne the value of her equity in the Victory! | Inter-American Human home. NCLR represented Marilynn on appeal, Kim Smith and Maggie Quale were in a Rights Commission together with Matthews & Matthews, P.C. In committed romantic relationship for over two December, 2009, the Colorado Court of Appeal years. They held a commitment ceremony On May 31, 2004, a Chilean Court ordered held that because the trial court found that before family and friends in January 2008. They Atala, herself a judge in Chile, to relinquish Dianne had contributed more income to the decided to have children together and used a custody of her three children to her estranged couple’s household over the years, the trial friend’s boyfriend as a sperm donor. Kim and husband because she is a lesbian and living court was not wrong to decline to compensate Maggie paid the donor for his sperm from their with her female partner. The Supreme Court of Marilynn for her contribution to Dianne’s joint bank account. They had twins, and raised Chile based its decision on the long-discredited education. Although the Court of Appeal did them together for approximately six months and unsupportable notion that being raised not rule in Marilynn’s favor based on the facts, before breaking up. The donor did not meet the by lesbian parents is harmful for children. the court’s ruling did affirm that when resolving twins until they were about a month old, and With no legal recourse left in Chile, Ms. Atala property disputes between former same-sex saw them only sporadically. After the break-up, took her case to the Inter-American Human partners, Colorado courts may look to the Maggie severely limited contact between Kim Rights Commission (IAHRC) in Washington, entire history of the relationship in order to and the twins. Kim then filed a parentage action D.C. NCLR, along with the Bar distribute the couple’s property in a way that is in Santa Cruz County family court, asserting her Association, Human Rights Watch, International fair to both parties. parental rights and requesting joint custody. As Gay and Lesbian Human Rights Commission, a defense to Kim’s parentage action, Maggie International Women’s Human Rights Law In re Marriage Cases asked the sperm donor to return from a distant Clinic at the City University of New York, Victory! | California state, file a paternity action, and move in with Lawyers for Children, Inc., Legal Aid Society her and the twins. of New York, and Legal Momentum, filed an NCLR was lead counsel on behalf of same- amicus brief in support of Ms. Atala, arguing sex couples, Equality California, and Our Kim was granted joint custody of the twins— that the Court’s decision is contrary to the Family Coalition in In re Marriage Cases, the and substantial visitation—by the Santa Cruz weight of international authority. marriage equality case decided favorably by County court in preliminary hearings. On the California Supreme Court on May 15, 2008. February 18, 2010, Kim and Maggie were able to The IAHRC recently ruled that “the Chilean settle their case, in a resolution that recognizes state had violated Karen Atala Riffo’s right to both women as the legal parents of their twins. live free from discrimination” when the Court revoked Atala’s custody of her children. The Kim Smith is represented by NCLR, Deborah IAHRC urged Chile to make reparations and to Wald, and local counsel Donna Becker, with pro adopt “legislation, policies and programmes” to bono assistance from Robert Depew of the firm prohibit and eradicate discrimination based on Wilson Sonsini Goodrich & Rosati. sexual orientation. White v. White

Loss | Missouri MARRIAGE & RELATIONSHIP RECOGNITION Tunney Trish Leslea and Michelle decided to have two Demers v. Zupancic Oral Argument on March 4, 2008 children together, and each of them gave birth Partial Loss | Colorado to one child. The couple raised both children This was the first decision to hold that same- Marilynn Zupancic and her former partner together as a family. When the older child was sex couples have a fundamental right to marry Dianne were together for 30 years and planned four-and-a-half years old, Michelle decided that and that LGBT people have the highest level of on spending the rest of their lives together. she would raise her biological child by herself, protection under the California Constitution. and that Leslea should raise her biological child Although they could not legally marry in their by herself. Michelle then unilaterally cut off all home state of Colorado, Marilynn and Dianne NCLR’s co-counsel in the case were Heller contact with Leslea and has refused contact were partners in every respect. Marilynn, a Ehrman LLP; Lambda Legal; the ACLU; and the Law Office of David C. Codell. 10 On The Docket | SPRING 2010

Jackson v. D.C. Board of Elections Department then agreed to add Nancy’s wife and Ethics as a beneficiary on all of her employee benefit plans. Pending | Washington, D.C.

NCLR is a member of the Campaign for All Perry v. Schwarzenegger D.C. Families, a diverse coalition working to Pending | California achieve marriage equality for same-sex couples On May 22, 2009, two same-sex couples filed in the District of Columbia. The Campaign is suit in the U.S. District Court for the Northern represented by Covington & Burling LLP. Since District of California, challenging California’s July 6, 2009, D.C. has recognized the marriages Proposition 8, which amended the California Kathy Reynolds and Dawn McKinley of same-sex couples performed in other Constitution to prohibit marriage by same-sex jurisdictions. On December 15, 2009, the D.C. couples. The lawsuit argues that Proposition filed a third lawsuit challenging the validity of City Council passed “The Religious Freedom 8 violates the United States Constitution’s the couple’s marriage. NCLR is now defending and Civil Marriage Equality Amendment Act guarantees of due process and equal Reynolds and McKinley’s marriage against of 2009,” which permits same-sex couples to protection of the laws. In January 2010, a three- this third, and hopefully final, challenge. NCLR marry. Mayor Adrian Fenty signed the measure, week bench trial was held before Chief Judge has asked the court to dismiss the case, and which took effect on March 3, 2010. Vaughn R. Walker. The trial featured testimony is awaiting a ruling from the Cherokee Nation Opponents of marriage equality made from leading experts in the fields of psychology, District Court. several unsuccessful attempts to halt the history, economics, and political science, who implementation of D.C.’s marriage equality powerfully demonstrated the harm that denial Strauss v. Horton laws, which NCLR helped oppose as part of marriage equality causes for LGBT people Partial Loss | California and their families. of the Campaign for All D.C. Families. While On November 5, 2008, NCLR, the ACLU, those efforts were unsuccessful, opponents of NCLR, the ACLU, and Lambda Legal filed Lambda Legal, Munger, Tolles & Olson, LLP, marriage equality are now seeking to put the friend-of-the-court briefs in the case on June the Law Office of David C. Codell, and Orrick, new D.C. marriage law to a popular vote. The 26, 2009, and February 3, 2010, supporting the Herrington & Sutcliffe LLP filed a petition asking D.C. Board of Elections and the lower courts argument that Proposition 8 violates the federal the California Supreme Court to invalidate rejected that attempt, ruling that the D.C. Constitution. The organizations argue that Proposition 8. Our petition argued that Human Rights Act prohibits initiatives that seek Proposition 8 represents an unprecedented Proposition 8 is invalid because the California to deny rights to a minority group. Petitioners use of the ballot initiative process to single Constitution does not permit the constitutional (who are anti-LGBT activists) have appealed out same-sex couples and strip them of a rights of a minority to be stripped away by a that case to the D.C. Court of Appeals, the previously-established constitutional right, and simple majority vote. District’s highest court, which heard the case on therefore should be struck down under the A record-breaking number of religious May 4, 2010. federal Constitution’s Equal Protection Clause. organizations, civil rights groups, and labor Nancy C. v. Alameda County Fire Closing arguments in the trial are scheduled unions, along with numerous California Department for June 16, 2010. Judge Walker is expected to municipal governments, bar associations, Victory! | California issue his decision in the summer of 2010. leading legal scholars, and others filed briefs urging the Court to invalidate Proposition 8. Nancy C. is an emergency dispatcher with the Reynolds and McKinley On May 26, 2009, the California Supreme Court Alameda County Fire Department. Nancy and Pending | Cherokee Nation her wife, a Canadian citizen, were married in upheld Proposition 8. At the same time, the NCLR represents Kathy Reynolds and Dawn Canada in October 2009. When Nancy learned court unanimously ruled that the more than McKinley, a same-sex couple who are members about the passage of SB 54, the new California 18,000 marriages that took place between of the Cherokee Nation. In May 2004, Reynolds law requiring the state government to grant all June 16 and November 4, 2008 continue to and McKinley obtained a marriage certificate the rights and benefits of marriage to same- be fully valid and recognized by the state of from the Cherokee Nation and married shortly sex couples who get married in other states or California. The Court further reaffirmed that thereafter. The next month, another member of countries any time after November 5, 2008, LGBT people continue to be subject to the the Cherokee Nation filed a petition seeking to she asked her employer to add her wife as a highest level of protection under the California invalidate Reynolds and McKinley’s marriage. beneficiary on her health and retirement plans. Constitution. The H.R. department initially told her that they NCLR successfully defended Reynolds and Varnum v. Brien could not do so, after CalPERS staff incorrectly McKinley before the Cherokee high court. Two Victory! | Iowa advised them that only same-sex couples who days later, various members of the Cherokee registered as domestic partners were eligible Nation Tribal Council filed a new action seeking On April 3, 2009, the Iowa Supreme Court for benefits. After NCLR advocated with the to invalidate Reynolds and McKinley’s marriage. unanimously struck down the 1998 state ban fire department, with Alameda County, and In December 2005, the high court dismissed on marriage for same-sex couples. The case with CalPERS on Nancy’s behalf, and educated this second challenge to their marriage. was brought by Lambda Legal on behalf of six them about their responsibilities under SB same-sex couples. NCLR submitted an amicus In January 2006, the Court Administrator, who 54, CalPERS modified their guidance to brief with co-counsel McGuire Woods LLP is responsible for recording marriage licenses, comply with SB 54. The Alameda County Fire and Joseph Barron, Esq. on behalf of several

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professors of family law in support of the of the basic civil liberties guaranteed by the he was “gay” or “non-gay.” Ultimately, the couples, addressing the use of social science U.S. Constitution, and is concerned about predominantly white committee voted research in constitutional cases. This was the government treatment of individuals, racial/ that Steven, LaRon, and Jon, all people of fourth state supreme court to rule that same- ethnic targeting, and religious freedom color, were not gay, but that the other two sex couples must be permitted to marry under violations. NCLR joined an amicus brief players, both white—one of whom had given state law. opposing the government’s efforts to make it precisely the same answers as Jon—were gay. more difficult for civil rights plaintiffs to discover The committee recommended disciplinary Colombia Diversa, Expediente No. information about higher government officials measures against Steven, LaRon, and Jon, D-6362, Corte Constitucional de who set and oversee policies that violate their team, and the San Francisco Gay Softball Colombia people’s rights. League, including forcing their team, D2, to Victory! | Colombia retroactively forfeit their second-place World On May 18, 2009, the Supreme Court ruled Series win. A group of Colombian human rights and 5-4 against Iqbal. Justice Kennedy, writing for LGBT organizations challenged their country’s the majority, held that Iqbal’s pleadings were Despite its policy of welcoming all players marriage laws that excluded same-sex couples insufficient to show that former FBI Director regardless of their sexual orientation, the North under the Colombia Constitution’s equal Robert Mueller and former Attorney General American Gay Amateur Athletic Association protection provision. NCLR filed anamicus John Ashcroft violated the constitutional rights (NAGAAA), which organizes the Gay Softball brief along with the International Gay & Lesbian of Arab Americans detained in the aftermath of World Series, has refused to change the Human Rights Commission, Center for Health, the September 11 attacks. discriminatory rule that excludes players based Science and Public Policy at Brooklyn Law on sexual orientation, to apologize to Steven, Justice Souter dissented, joined by Justices School, and the Center for the Study of Law & LaRon, and Jon for the public interrogation Breyer, Ginsburg, and Stevens, saying Iqbal Culture at Columbia Law School. The Colombia they endured, or to disavow the practice should have been permitted to proceed with Constitutional Court ruled on January 28, of interrogating players about their sexual his case. An article in the New York Times called 2009 that same-sex couples must be granted orientations. NCLR and Suzanne Thomas and this case “the most significant Supreme Court the same legal rights and responsibilities Cristin Kent of K&L Gates LLP represent Steven, decision in a decade for day-to-day litigation in as different-sex couples in common-law LaRon, and Jon in their challenge to NAGAAA’s the federal courts.” The Second Circuit Court of marriages. discriminatory practices, filed in the United Appeals next decides whether to permit Iqbal States District Court for the Western District of to amend his complaint and begin anew. Washington. ELDER LAW Sulpizio and Bass v. Mesa Greene v. County of Sonoma et al. SPORTS Pending | California Community College Apilado, Charles, and Russ v. North Victory! | California This lawsuit alleges that Sonoma County American Gay Amateur Athletic Lorri Sulpizio was the Head Women’s Basketball violated the rights of an elderly gay male couple Alliance by separating them, placing one of the partners Coach at San Diego Mesa College (Mesa), and Pending | Washington in an assisted care facility against his will, and her domestic partner, Cathy Bass, assisted unlawfully auctioning off their possessions. NCLR clients Steven Apilado, LaRon Charles, the team and served as the team’s Director NCLR is providing assistance to the Law Office and Jon Russ had been playing in the San of Anne N. Dennis and Tarkington, O’Neill, Francisco Gay Softball League and attending Barrack & Chong, who represent the surviving the Gay Softball World Series with their team, partner in a lawsuit against the county, the D2, for years. At the 2008 World Series in auction company, and the assisted care facility. Seattle, they made it to the championship game A trial date has been set for July 16, 2010 in the for the first time. But during the championship, Superior Court for the County of Sonoma. D2 learned that their eligibility to play had been challenged based on a tournament rule that each team could have no more than two FEDERAL CIVIL RIGHTS straight players. Iqbal v. Ashcroft Immediately after the game, five D2 players Pending | Court of Appeals were summoned to a conference room for of Basketball Operations for over eight years. a protest hearing. Each player was forced to Pakistani national Javaid Iqbal was arrested Despite their dedication and demonstrated answer questions about his sexual orientation in New York as part of a post-September 11 track record of success leading the women’s and his private life in front of a room of over dragnet by federal officials that targeted Arab basketball program at the community college, 25 people, most of them strangers. The men. The U.S. detained Iqbal, subjecting him Mesa officials discharged both coaches at the players were forced to state whether they to beatings, invasive body searches, and other end of the 2007 academic year after Coach were “predominantly attracted to men” forms of mistreatment, and often confiscated Sulpizio repeatedly advocated for equal or “predominantly attracted to women,” his Koran and forbade his participation in treatment of female student-athletes and without the option of answering that they Friday prayers. NCLR has a strong interest in female faculty, and following publication in a were attracted to both. After each player ensuring that all persons receive the protections local paper of an article identifying Sulpizio and was interrogated, a panel voted on whether 12 On The Docket | SPRING 2010

Bass as domestic partners. NCLR and Leslie dismiss the lawsuit in November 2009, which challenging the provisions of California’s F. Levy of Boxer & Gerson, LLP and Mattheus is now pending before the federal court in safe schools laws that protect students from Stephens of Stock Stephens, LLP represented Massachusetts. discrimination based on sexual orientation Coach Sulpizio in her lawsuit against the San and gender identity. NCLR clients Equality Diego Community College District. Gammett v. Idaho State Board of California and the Gay-Straight Alliance Corrections Network got involved in the case to defend the Cathy Bass settled her lawsuit in October 2009. Victory! | Idaho anti-discrimination laws. In November 2009, NCLR and their co-counsel represented Lorri Sulpizio in a multi-week jury Jenniffer Spencer served a 10-year prison NCLR filed anamicus brief supporting the safe trial in San Diego. On December 3, 2009 the sentence for possession of a stolen car schools laws and rebutting the arguments National Center for Lesbian Rights secured a and a failed escape attempt that occurred that such laws are unconstitutionally vague favorable jury verdict on behalf of Lorri Sulpizio when she was a teenager. While she was and violate the privacy rights of students who on her retaliation claims. The California State incarcerated in Idaho, Spencer, a transgender do not want to share bathrooms or locker Court jury awarded $28,000 in damages, woman, made 75 requests for treatment for rooms with transgender students. On June 1, which is the equivalent of one year’s salary, her gender identity disorder (GID), but the 2009, the Sacramento Superior Court issued a finding that the District violated Title IX and the Idaho Department of Corrections (IDOC) decision affirming that the statutes are lawful California Fair Employment and Housing Act by failed to provide her with any appropriate and dismissing the lawsuit on all counts. retaliating against Sulpizio after she complained care. Spencer attempted suicide when she NCLR’s co-counsel in the case were Lambda about gender inequities occurring at Mesa learned that prison doctors would not provide Legal, the Transgender Law Center, and the College. . any treatment and eventually removed her Law Office of David C. Codell. own genitals using a disposable razor blade, nearly bleeding to death in the process. On TRANSGENDER LAW July 27, 2007, Judge Mikel Williams of the IMMIGRATION Federal District Court for the District of Idaho Adams v. Federal Bureau of Prisons ruled that, based on extensive expert medical Martinez v. Holder et al. testimony, Spencer is entitled to receive Loss | Guatemala Pending | Massachusetts female hormone therapy while her case is Saul Martinez is a gay man from Guatemala Vanessa Adams is a transgender woman who being decided. Judge Williams held that who was beaten, sexually assaulted, and is seeking medically necessary treatment “gender identity disorder, left untreated, is a threatened by a Guatemalan Congressman for gender identity disorder (GID) while she life-threatening mental health condition.” On and repeatedly harassed by the Guatemalan is incarcerated in the federal prison system. September 7, 2007 Judge Williams denied police because of his sexual orientation. He fled Ms. Adams is incarcerated in the United a motion for reconsideration and again held to the United States and applied for asylum. States Medical Center for Federal Prisoners in that Spencer must receive hormone therapy. However, in 1992, when he initially applied Springfield, Missouri, where she was transferred Jenniffer started receiving appropriate for asylum without an attorney, the U.S. had from a federal penitentiary in Coleman, Florida counseling and hormone treatment in Fall not yet recognized sexual orientation as a after she became so desperate for medical 2007. Because there are so few decisions ground for asylum. Afraid of being forced treatment enabling her to express her female addressing this important issue, this is a back to Guatemala, where he feared for his life, gender identity that she removed her own tremendous victory that may pave the way Martinez did not disclose his sexual orientation genitals. Ms. Adams was diagnosed with GID for other transgender prisoners who are being in his initial asylum application, stating instead in 2005 by prison medical professionals and denied medically necessary care. that he feared returning to Guatemala because since that time she has made at least 19 written In June 2009, the Idaho Department of requests to prison officials asking for medical of his political opinion. Once he retained an Corrections released two new policies treatment, including hormone treatment for attorney, however, he immediately corrected his GID, all of which have been denied. According to improve the delivery of health care to application and told the Immigration Judge the to the allegations in the complaint filed by Ms. transgender prisoners. In July 2009, the real reason he feared returning to Guatemala— Adams, she has been denied any ability to case settled to the satisfaction of all parties. because of the persistent persecution he had present as female or any medical care relating Jenniffer was released from prison in late faced for his sexual orientation. The judge to her transgender status. 2009. denied him asylum, finding that since he had not told the truth in his initial application, NCLR’s co-counsel were Sheryl Musgrove, The National Center for Lesbian Rights, Gay nothing else he said was credible, even though Morrison & Foerster LLP, and the Idaho firm of and Lesbian Advocates and Defenders, Florida Martinez’s life partner testified in court about Stoel Rives, LLP. Institutional Legal Services, and Bingham their relationship. On March 3, 2009, the Ninth McCutchen LLP filed a lawsuit in February Circuit upheld the immigration court’s decision. 2009 against defendants including the Federal Without any analysis of Martinez’s actual Bureau of Prisons, seeking to enjoin the Bureau YOUTH claim or the conditions in Guatemala for LGBT from subjecting Ms. Adams to unconstitutional California Education Committee, v. people, the Court simply declared him not treatment and from continuing to enforce its O’Connell credible and denied his claim. current GID policy (which denies medically Victory! | California necessary care for many transgender prisoners) NCLR and Immigration Equality filed anamicus against other incarcerated transgender In 2008, anti-LGBT organizations filed brief on April 24, 2009 asking the Ninth Circuit people. The defendants filed a motion to a lawsuit in state court in Sacramento,

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to rehear the case and grant Martinez asylum. case back to the BIA so that the Board could In re E.G. However, on September 8, 2009, the Ninth clarify its decision. NCLR helped to organize Victory! | Uganda Circuit denied the motion for rehearing. On other LGBT, HIV/AIDS, and immigrant-rights E.G. is a young gay man who came to the March 26, 2010, the Supreme Court denied Saul groups, including the National Immigrant Martinez’s petition to review the case. Justice Center, Immigration Equality, United States from Uganda, where being ACLU, AIDS Legal Council of Chicago, and gay, lesbian, bisexual, or transgender is In re A.C. International Association of Physicians in AIDS criminalized. In Uganda, he was often verbally Victory! | Honduras Care to submit a joint amicus brief in support abused by his family members for being gay, of S.K. to the BIA in July 2008. In May 2009, and he had to hide his feelings for fear of being A.C. is a prominent lesbian activist for LGBT the BIA remanded the case to the Immigration arrested by the police on the basis of his sexual rights and women’s rights in Honduras. A Judge to reconsider the original ruling, orientation. He eventually moved to the United paramilitary gang of masked, armed men instructing the judge to assume that S.K. would States, but a family friend in the U.S. found attacked A.C. in her home in Honduras and not hide the fact that he is gay. The hearing on out about his sexual orientation told his family, sexually assaulted her while making derogatory remand is scheduled for May 2011. who were then questioned by the Ugandan comments about her sexual orientation. A.C. police. The police threatened his family and did not report the sexual assault to the police, John Doe v. Alberto Gonzales warned them that if E.G. returned to Uganda, fearing that the police would subject her to Pending | Egypt he will be arrested. E.G. was granted asylum in further harassment or violence. After the February 2010. attack, A.C. received a series of threatening John Doe, a gay man from Egypt, applied phone calls that also used derogatory terms to for asylum based on anti-gay persecution In re Marta describe her sexual orientation. She eventually he suffered in Egypt, where gay men Victory! | Mexico fled to the United States and filed for asylum. are frequently arrested and subjected to The Immigration Judge granted A.C. asylum, brutal physical mistreatment for private, Marta is a transgender woman from Mexico but the Department of Homeland Security non-commercial, consensual adult sexual who suffered unthinkable verbal, physical, appealed that decision to the Board of conduct. The Immigration Judge and and sexual abuse because of her sexual Immigration Appeals (BIA). In March 2009 the Board of Immigration Appeals denied his orientation and gender identity. The abuse BIA affirmed the grant of asylum, noting that it application. NCLR and the International Gay began in her youth when she was abducted is well established that human rights violations & Lesbian Human Rights Commission filed by a group of armed men. When her brother against LGBT people are pervasive in Honduras an amicus brief in support of Doe’s eligibility came to rescue her, he was shot to death in and that the Honduran government cannot be for withholding of removal and relief from front of her. When the police arrived, Marta relied upon to protect LGBT people against removal under the United Nations Convention was arrested for refusing to give them the such harm. NCLR assisted A.C.’s pro bono Against Torture and Other Cruel, Inhuman, or names of the men who had abducted her. counsel, Robin Nunn, in preparing her brief for Degrading Treatment or Punishment. She was put in jail for several days where the BIA. she was raped by the police. After that, she In re Vicky became a frequent target of the police, and In re S.K. Pending | Mexico when placed in jail for not paying a bribe, Pending | Pakistan she was detained for days at a time and Vicky is a young transgender woman from repeatedly raped while imprisoned. Marta fled S.K. is a gay Pakistani man seeking asylum Mexico. Throughout her childhood, Vicky’s to the U.S. and in 2001, applied for asylum, and withholding of removal because he fears family and the people in her small town withholding of removal, and relief under the persecution based on his sexual orientation attacked her for her femininity. When she Convention against Torture. After hearing and HIV status. Under Pakistani law, being was 16, Vicky came home from school to find her testimony, the Immigration Judge found gay is punishable by death, and LGBT people that her parents had abandoned her. She her credible and granted her applications are forced to live in secrecy and constant fear fled to the United States in 1994. In 1997, she for withholding of removal and relief under of exposure. The Immigration Judge ignored began living as a woman. In 2003, she was the Torture Convention. U.S. Citizenship and the serious risk of persecution that S.K. faces detained by the Phoenix police and deported Immigration Services appealed to the Board of and denied his application for asylum. The to Mexico. Vicky sought out her family, hoping Immigration, arguing that she was subject to judge held that S.K., who is HIV positive, and for reconciliation, but instead her brothers reinstatement, drawing out an already difficult was in a committed relationship with a man in beat her. Vicky remained in Mexico for eight legal procedure. While the case was pending, Minnesota, could avoid persecution by hiding months, but she was often beaten, ridiculed, she reported regularly to the Department his sexual orientation, marrying a woman, and and threatened, and a fruit stand she had of Homeland Security (DHS) pursuant to an having children. The Immigration Judge also opened was destroyed. She returned to the Order of Supervision. In November 2008, failed to recognize that S.K.’s traumatizing United States and applied for asylum, with the DHS took Marta into custody to reinstate the diagnosis of HIV understandably delayed his help of NCLR and pro bono attorneys at the prior removal order against her. NCLR and filing. The Board of Immigration Appeals (BIA) law firm of Hanson Bridgett LLP. As of 2010, pro bono attorney Cara Jobson represented originally upheld the Immigration Judge’s Vicky has been waiting for her asylum decision Marta in Immigration Court. Marta remained decision, and S.K. appealed. for four years. in custody for 4 months until she was granted After NCLR submitted an amicus brief to the withholding of removal and asylum in the Eighth Circuit, that court agreed to send the United States in February 2009.

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In re M.G. oppressive and abusive conditions she faced was submitted in September 2008 and was Victory! | Mexico because of her sexual orientation in her home granted in June 2009. country. While vacationing with her girlfriend M.G. is a gay man from Mexico who came to in another town, a group of men found out In re Y.G. the United States fleeing physical abuse from that they were and raped them. The Victory! | Mexico gangs and extortion by the police. When his police initially took a report but later that night mother died when he was 17, M.G. faced more Y.G. is a transgender woman from Mexico told the two women that they had to leave physical violence from his father and his oldest who suffered severe physical and mental town. The police blamed the women for the brother because of his sexual orientation. abuse from her family because of her gender assault and accused them of trying to cause Feeling desperate, he moved out and was identity. Growing up, her family insisted problems in a small town. After the rape, S.H. homeless until he was eventually taken in by that she act more “masculine,” and she was told her mother about her sexual orientation, a neighbor in his small town of Mixquiahuala physically abused when she refused. She and her mother turned her back on S.H. and de Juarez. This neighbor treated him like a son went to the police, but they ignored her need refused to talk to her. At the same time, her and gave him shelter, food, and protection. for protection. In February 2007, Y.G. was father kept her secluded in their home so that Nevertheless, her sons were unhappy about badly beaten by gang members who left S.H. would be unable to see her girlfriend, and M.G. staying there and would not allow him her bleeding from head wounds. Fearing was determined to marry her to a man. After to eat at the table with them or enter their for her life, she fled to the United States. In a second rape attempt, S.H. fled her country. homes. By the time he was 20, he left and February 2009, she was detained by the She learned about an exchange program headed for the capital, where he found a police and detained in the Yuba County Jail. and was able to leave Bosnia in 2006. She job in an auto shop. He also lived in the shop As a transgender woman, she was housed submitted an asylum application on her own, because he could not afford to pay rent. While with male prisoners. It was a very demoralizing but was referred to the Immigration Court. living in the capital, he was attacked several situation for her and she often struggled with Her hearing began in June 2009 but was times by a gang for being gay and was being her decision to remain and fight for her asylum continued until May 2010. NCLR is working extorted by the police. He decided to flee instead of returning to Mexico where she with pro bono attorney Cara Jobson of Wiley to the United States and apply for asylum would be in danger. Y.G.’s cousin contacted and Jobson on her case. with the help of NCLR. His application was NCLR in February 2009. With the help of attorney Cara Jobson, NCLR successfully submitted in September 2009, and his asylum In re V.R. obtained asylum for Y.G. in July 2009. was granted in March 2010. Victory! | Mexico In re R.T. V.R., a gay man from Mexico, had been In re N.A. Victory! | Peru taunted, harassed, and assaulted for most of Victory! | Saudi Arabia his life. His stepfather was particularly abusive R.T. is a gay man from Peru who fled to the N.A. is a young gay man from Saudi Arabia, and attempted to “make a man” out of V.R. United States because he was the victim who lived his life in fear that others would and “correct” his sexual orientation. V.R. was of severe harassment and violence in his discover his sexual orientation. He knew also subject to constant verbal and physical home country. While in Lima, Peru, he was that gay men were often detained by police, harassment at school, which only worsened physically assaulted several times in public, tortured, and killed—and he also knew that his as he got older. He suffered physical, and was subjected to sexual abuse as well. The family would disapprove or even turn him in sexual, and emotional abuse at the hands of persecution started when he was young, with to the police if they found out about his sexual classmates, family members, and people in verbal and emotional abuse that eventually orientation. As a result, he often hid his feelings his neighborhood. He eventually left his home led to physical abuse. As he grew older, the towards men, fearing the repercussions. town of San Jose Chiltepec when he was abuse and harassment only worsened. After Growing up, it was very difficult for him to 25 after suffering several public attacks. He being stripped naked at his workplace by accept his sexual orientation while he was moved to Tijuana where his situation improved co-workers who constantly harassed and living in a society that treated homosexuality slightly, but deteriorated when his neighbors physically abused him, he fled to the United as a crime and where LGBT people were often discovered his sexual orientation. His home States fearing for his life. Neither the Peruvian killed. When he was sexually assaulted by a and his car were constantly vandalized, and authorities nor his employer would protect him group of men and was unable to report the he would wake up to find graffiti on the walls from the other employees who harassed and incident out of fear of more violence, he fell of his home and the tires of his car slashed. He assaulted him. With the guidance of a Peruvian into a deep depression and attempted suicide. called the police to report the vandalism but friend residing in San Francisco, R.T. obtained Eventually, a friend from the United States they would not respond to his calls. When he a visa to come to the U.S. where he found suggested that he leave Saudi Arabia so that was attacked by four men who threatened his NCLR and was able to apply for asylum. His he could feel safe and heal. It was then that he life and assaulted him with a knife, he tried to application was granted in July 2009. started the process of leaving Saudi Arabia, contact the police again, but they still refused and upon arrival in the U.S. came to NCLR and to help him. He knew that he had no other In re S.H. applied for asylum. N.A. was granted asylum choice but to flee his country. When he arrived Pending | Bosnia on September 23, 2009. in the United States, V.R. was referred to NCLR S.H. is a lesbian from Bosnia who came to by his friends in San Francisco. His application the United States in 2006 to escape the

15 www.nclrights.org

2010 Anniversary Celebration Contact Us tel 415.392.6257 Thank You for 33 Years of Support for NCLR’s Work! fax 415.392.8442 May 1, 2010 was a night we will not soon forget. It was an amazing celebration of the life- and law-changing work toll free 800.528.6257 NCLR does every day on behalf of all LGBT people. And it was a party to end all parties! [email protected] NCLR’s 33 years have been made possible because of you, your fellow supporters, and our sponsors. And our www.nclrights.org Anniversary Celebration on May 1st wouldn’t have been such a blast without our guests! Thank you to all of you. National Office 870 Market Street Suite 370 San Francisco, CA 94102

The National Center for Lesbian Rights is a national legal organization committed to advancing the civil and human rights of lesbian, gay, bisexual, and transgender people and their families through litigation, public policy advocacy, and public education. Photos, left to right: Judy Shepard awarded the Fierce Ally Award to Will Phillips; Cris Williamson and Vicki Randle sing “Lean on Me”; Special guests Ceara Sturgis and Constance McMillen with Kate Kendell; NCLR’s amazing Board of Directors and Kate Kendell. Photos by Trish Tunney | www.trishtunney.com 33rd Anniversary Awardees and Special Guests: Vicki Randle, Voice & Visibility Award, presented by Cris Williamson Will Phillips, Fierce Ally Award, presented by Judy Shepard Curve Magazine and Wolfe Video, Outstanding Community Partner Award Constance McMillen & Ceara Sturgis, Special Guests Kate Clinton, Emcee

SAVE THE DATE FOR NEXT YEAR: Printed using vegetable-oil based inks on 100% recycled paper with Saturday, May 21, 2011! 100% post-consumer content.

Who Says the Law WHO SAYS THE LAW ISNT Isn’t Sexy? SEXY? Check out NCLR’s newest design in our shop!

Support the fight for justice with this great image of Lady Liberty and Lady Justice—and many others. www.nclrights.org/shop