On the Docket the Audacity to Fight for Justice

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

SUMMER 2011

INSIDE THIS ISSUE:

Lawsuit Challenges Tennessee Discrimination Law See Page 3 Photo by Trish Tunney | www.trishtunney.com Tunney Trish by Photo

Stan Wright, Chely Wright, Judge Donna Hitchens, Lisa Howe, Kate Kendell, Kye Allums, and Kate Clinton. NCLR Celebrates 34 Years of Fierce Advocacy When Donna Hitchens founded the Lesbian Rights Project 34 years ago to address the overlooked discrimination faced by lesbians, her vision was clear: provide fierce advocacy. NCLR and SPLC Demand It’s through that unwavering commitment to equality and NCLR’s special guests were clients Desiree “Dez” Shelton Justice in Minnesota justice that the National Center for Lesbian Rights grew, and Sarah Lindstrom, out high school lesbians, who School District benefiting every member of the diverse lesbian, gay, successfully challenged their Minnesota school district in See Page 4 bisexual, and transgender community through its work. January 2011 so they could walk together as part of the royal court of their school’s winter formal. And on May 21, 2011, more than 1,300 people helped celebrate the commitment to achieving equality and “Each of our honorees and special guests are our true justice that’s engrained into every aspect of NCLR’s DNA role models,” said NCLR Executive Director Kate Kendell. at its 34th Anniversary Celebration in San Francisco, “They stood up for their beliefs, not only changing California. Humorist Kate Clinton served as host once history, but helping positively change the lives of again. thousands of LGBT people across the country for years to come—making them champions in our movement for This year, NCLR honored five trailblazers in the equality and justice.” movement for LGBT equality who each embody the organization’s spirit, becoming role models for thousands Family and acceptance were the empowering—and NCLR Works on Federal of people by standing up for what’s right. often emotional—themes of the celebration’s speeches, Policy and Rules that with Kate telling the crowd about coming out to her The awards and honorees: Affect You mother, a Mormon who immediately gave Kate her See Page 5 • Voice & Visibility Award: support. But it wasn’t until decades later, after Kate’s Openly lesbian country music star Chely Wright and mother passed away, that Kate stumbled upon her her father, Stan Wright. mother’s diary, and learned not only about the full scope of her mother’s support, but the extent of her love. • Justice Award: Chely and Stan continued the theme, receiving the Former Belmont University soccer coach Lisa Voice & Visibility Award. Stan has stood beside Chely Howe. through every step of her coming out journey, showing his unconditional love, an example for LGBT people who • Spirit Award: may fear losing their family’s loving support by living First openly transgender Division I basketball player authentically. Kye Allums. Elder Law Project Makes It was about a year ago that Chely became the first • Founder’s Award: major country music star to come out as gay. Significant Achievements NCLR founder and retired San Francisco Superior See Page 5 Court Judge Donna Hitchens. FIERCE ADVOCACY—CONTINUED ON PG 12 NCLRights.org

There’s Much to be Proud of this Pride Season Pride season is always a time to celebrate how far we’ve come in the movement for lesbian, gay, bisexual, and transgender equality, embracing our accomplishments and our victories. And we had the tremendous opportunity at the 34th Anniversary Celebration on May 21, 2011 to honor a true pioneer in the movement—NCLR’s founder, the Honorable Donna Hitchens, whose vision has transformed the legal landscape for each and every member of the LGBT community, our families, and our allies. Back in 1977, fresh out of law school, she saw an enormous need for legal advocacy directed squarely at the issues confronting lesbians in this country, and started one of the first legal organizations devoted to justice for our community. It’s because of people like her, and the four others we honored at the Anniversary Celebration, that we’ve come so far. Their principles are the foundation for our movement, and the bedrock for NCLR’s day-today work that includes advising federal agencies on implementing policy and regulatory changes that protect LGBT people in such areas as housing, employment, and healthcare. photo by Jeff Singer by photo photo by Jeff Singer by photo This is an incredible time for our movement, with so many accomplishments for us to be proud of—from advancements for equality made by our Anniversary Celebration a message from honorees, to President Obama’s announcement that Section 3 of DOMA, as applied to EXECUTIVE DIRECTOR legally married same-sex couples, fails to meet standards of equality and is therefore KATE KENDELL unconstitutional. And then there’s Proposition 8, which may well be gasping its final breaths. We have come a long way in our journey, and as we look ahead, we know our work is not yet done. But for now, be proud.

Very truly yours,

BOARD OF DIRECTORS Joshua Delgado Cathy Sakimura, Esq. 2011 C. EDWIN BAKER CLERKS Angela Berry Senior Legal and Project Assistant Staff Attorney & Family Protection Project Sam Ames Tamika Butler, Esq. Iain Finlay Director Irene Ross Christopher Stoll, Esq. Stacey Camillo, J.D. - Co-Chair Manager of Finance and Administration Senior Staff Attorney INTERNS Elizabeth Deeley, Esq. Muna Hawatmeh Ilona Turner, Esq. Colleen Fitzpatrick Erin Dominguez, Esq. Legal Assistant Alyssa Linares Staff Attorney Emily Doskow, Esq. Kris Hermanns Amy Whelan, Esq. NATIONAL ADVISORY BOARD Dorothy Fernandez, Esq. - Co-Chair Deputy Director Senior Staff Attorney Thelma Garza, J.D. Melissa Higuchi Kate Clinton - NY Jaan Williams Kate Kendell, Esq. - Senior Development Assistant Fiona Martin - CO Executive Director Policy Assistant Kelly McCown, Esq. Kate Kendell, Esq. Yesenia Leon - FL Ming Wong, Esq. Executive Director Deborah Ortega, PhD. - CO Leigh Morgan Helpline Attorney Kari Kussmann Barbara Russo - NY Michelle Ortiz Dena Zaldúa-Hilkene Communications Associate Eileen Scallen, Esq. - MN Maya Philipson Assistant Director of Development Jody Marksamer, Esq. Minna Tao Jill Schlesinger – NY Staff Attorney & Youth Project Director 2011 LAW CLERKS Sarah M. Schmidt, Psy.D. – IL STAFF Shannon Price Minter, Esq. Emily Cordell Jennifer Barth Legal Director Kelly Densmore NATIONAL ADVISORY COUNCIL Office Manager Erik Olvera Stephanie Duggan Roberta Achtenberg, Esq. - CA Stephen Berge, Esq. Director of Communications Elliot Kennedy Carol Alpert - NY Public Interest Associate Eleanor Palacios Elizabeth Kim Susan A. Gore - TX Leanna Blankenship Events Manager Meghan Maury Joyce Hunter - NY Data and Development Systems Manager Daniel Redman, Esq. Ashley McGovern Phyllis Lyon - CA Noemi Calonje Del Martin Memorial LGBT Elder Advocacy Sirivath Mu Lory Masters - TX Immigration Project Director Initiative Fellow Erika Scibelli Raquel Matas, Esq. - FL Helen J. Carroll Melanie Rowen, Esq. Bill Stewart Nancy Polikoff, Esq. - D.C. Sports Project Director Staff Attorney Ruthann Robson, Esq. - NY Azael Chávez Laría Maya Rupert, Esq. Abby R. Rubenfeld, Esq. - TN Project Assistant Federal Policy Director Carmen Vazquez - NY 2 On The Docket | SUMMER 2011 Challenging the Latest Assault on LGBT News & Announcements People in Tennessee Want to be in a NCLR Promo? Want to be in a promo for the National Center for NCLR is teaming up with renowned Nashville and harassment and to make other groups suffer Lesbian Rights? We are proud to announce our “I attorney Abby Rubenfeld and the law firm of as well, merely to prevent gay and transgender am NCLR ...” photo campaign, designed to reflect Morrison & Foerster to challenge a new Tennessee citizens from obtaining needed protections.” and showcase our clients and supporters who fight law that prohibits local municipalities and counties, alongside us everyday to ensure that every lesbian, gay, bisexual, and transgender person can live with including local school districts, from enacting dignity and security. local laws or school policies that protect lesbian, gay, bisexual, and transgender people against Through March 31, 2012, we would like your photos— discrimination. your portraits, snapshots and special moments—with a homemade poster or sign in which you fill in the On June 13, 2011, the legal team filed a lawsuit sentence, “I am NCLR, and I am...” telling us how you on behalf of local officials, individuals, and reflect our groundbreaking work. organizations, challenging the new law that Learn more at NCLRights.org. prohibits localities from protecting any group not already protected under state law, including veterans and people with disabilities, among others. Gov. Bill Haslam signed the law last month, just weeks after Nashville added sexual orientation “This law is contrary to core Tennessee values,” Support NCLR through eScrip! and gender identity to an existing local anti- said Abby R. Rubenfeld, the suit’s lead attorney. Looking to support the National Center for Lesbian discrimination law. “Tennessee is the volunteer state—we help each Rights in even more ways? Have a fixed budget other, we don’t single out certain Tennesseans with no wiggle room? Want to get the merchants at According to the complaint: “HB600 embodies who are deemed unworthy of help. Our legislators which you shop to donate to NCLR too? an animus toward gay and transgender people so abused their power by preventing localities All you have to do is register your credit/debit cards strong that the Tennessee legislature was willing to and ATM cards with eScrip—then any time you use repeal policies protecting students against bullying TENNESSEE—CONTINUED ON PG 4 one of them to shop with a participating merchant, the merchant will donate up to 8% of the purchase Historic Prop 8 Ruling Rejects Effort to amount to NCLR. Sign up at www.eScrip.com to make all your regular Disqualify Judge Walker for Being Gay purchases at over 150 merchants go to work for NCLR.

After hearing the Proposition 8 supporters’ motion constitutionally bound ourselves to protect the to disqualify former U.S. District Court Chief Judge fundamental rights of one another from being Vaughn Walker and invalidate his August 2010 violated by unlawful treatment. Thus, we all NCLR’s group name: ruling striking down Prop 8, Chief Judge James have an equal stake in a case that challenges the “National Center for Lesbian Rights” or “NCLR.” Ware of the federal district court in San Francisco constitutionality of a restriction on a fundamental NCLR’s group identification number: 500022336. on June 14, 2011 issued an inspiring defense of the right.” As Judge Ware recognized, no judge integrity of judges everywhere. Judge Ware, who has more of an interest that any other judge in was appointed by President George H. W. Bush, these broad constitutional values, and to decide ruled that Judge Walker had no reason to recuse otherwise would mean that minority judges would himself from hearing the case just because he is automatically be disqualified from ruling on a vast Stay Up-To-Date with NCLR! gay and in a relationship. Judge Ware saw right array of cases affecting important civil rights. NCLR is committed to fighting for your rights, and through the smokescreen the defenders of Prop 8 keeping you informed of all the legal decisions had thrown up, holding that a decision that Judge One of the legal tests that applied to the motion and key policies that impact your lives, as well as Walker could not rule impartially “would come asks whether a “reasonable person” would the lives of your family and friends. dangerously close to holding that minority judges question whether a judge was impartial. Here must disqualify themselves from all major civil again, Judge Ware knocked it out of the park: You may have noticed that our legal team over rights actions.” “A well-informed, thoughtful observer would the past few months has busily been providing you with comprehensive analysis of important recognize that the mere fact that a judge is in a Judge Ware’s ruling today was a well-deserved legal developments, breaking down and vindication for Judge Walker, who presided over relationship with another person—whether of the interpreting complicated issues for you, and, in the Prop 8 trial with integrity, balance, and poise. same or the opposite sex—does not ipso facto the process, answering your questions about how He was scrupulously fair to both sides throughout imply that the judge must be so interested in issues affect your lives. the trial, permitting the defenders of Prop 8 to marrying that person that he would be unable to cross-examine witnesses at length and offer all exhibit the impartiality which, it is presumed, all Log on, and stay tuned-in to all of our latest work the evidence they could muster in defense of federal judges maintain. To assume otherwise is and LGBT news. the initiative—which turned out to be essentially to engage in speculation about a judge’s motives nothing. and desires on the basis of an unsubstantiated NCLRights.org suspicion that the judge is personally biased or Facebook.com/NCLRights Echoing the arguments made by civil rights prejudiced.” groups who had filed friend-of-the-court briefs Twitter.com/NCLRights on this issue, Judge Ware incisively stated the This is a victory for common sense. It is gratifying YouTube.com/NCLRights central problem with the Prop 8 supporters’ to see such a strong reaffirmation, from yet challenge to Judge Walker. “In our society,” another Republican-appointed judge, that sexual NCLRights.WordPress.com Judge Ware explained, “a variety of citizens of orientation has no bearing on anyone’s ability to different backgrounds coexist because we have do their job, including a federal judge.

3 NCLRights.org NCLR and SPLC Demand that Minnesota School District Repeal Discriminatory Gag Policy and Address Anti-LGBT Harassment

Lesbian, gay, bisexual, and transgender from singling out any group of students for requested that SPLC and NCLR investigate students in Minnesota’s largest school district disfavored treatment based solely on their the serious verbal and physical harassment for years have suffered under a shockingly membership in an unpopular minority,” the they have experienced based on their actual hostile environment, encouraged by the letter states. “The gag policy singles out or perceived sexual orientation or gender district’s official “gag policy”—put in place LGBT students by denying them and them expression at District schools. The ongoing at the urging of anti-gay extremists—that alone any affirmation of their identity and investigation has found that the gag policy prevents teachers from discussing any issues by categorically precluding any meaningful contributes significantly to the lack of safety related to LGBT people and prevents schools classroom discussion about history, literature, of LGBT students and students perceived as from taking effective steps to prevent anti- current events, or any other relevant lessons LGBT within the District. The investigation LGBT bullying. revealed that time after time, school officials Last month, NCLR and the Southern either ignored or responded ineffectively to Poverty Law Center (SPLC) sent a letter to student reports of anti-LGBT bullying. Minnesota’s Anoka-Hennepin School District The letter calls for the prompt repeal of demanding that the District immediately the gag policy and immediate action to repeal the gag policy, and take immediate address and prevent the bullying of LGBT action to address the pervasive bullying and students and those perceived as LGBT. The harassment of LGBT students in the District. letter warns the Anoka-Hennepin School As made abundantly clear in the District’s District that without meaningful action to own guidance about the policy, the gag remedy the current hostile environment, the policy singles out a vulnerable and disfavored organizations intend to file a federal lawsuit minority—LGBT students—and prevents on behalf of their clients against the District. teachers and other district employees from In January 2011, NCLR and SPLC, along with supporting, or even effectively protecting, the Minneapolis law firm of Faegre & Benson Dez Shelton and Sarah Lindstrom. those students within the classroom. The LLP, brought a lawsuit in federal court for mandatory silence imposed by the policy involving LGBT people. The policy imposes a an emergency injunction against the same leaves teachers without tools to handle anti- stigma on LGBT students as pariahs, not fit to district when it threatened to cancel the LGBT bullying, and creates an atmosphere be mentioned within the school community, traditional royalty court procession for the in which LGBT students are isolated and feel a message that comes across loud and clear Snow Days winter formal dance at Champlin unprotected. both to LGBT students and their peers, Park High School in order to prevent two and which has grave repercussions for the The letter from NCLR and SPLC warns lesbian students, Dez Shelton and Sarah psychological and emotional development of the District that the gag policy violates the Lindstrom, from walking together. That LGBT students.” Equal Protection Clause of the United States lawsuit was successfully resolved in mediation Constitution. “This fundamental constitutional The letter was prompted after a number and the District agreed to allow the girls to guarantee prohibits school district officials of present and past District students walk together.

TENNESSEE—CONTINUED FROM PG 3 amendment that barred localities or the state transgender members of the community,” said from assisting their own citizens. Rather than from passing laws to prohibit discrimination Shannon Minter, Legal Director of the National considering what is best for our state, they against gay people. Center for Lesbian Rights. “This law is part of passed a law based on disapproval of gay and No individual businesses went on record in a larger, national strategy to attack cities and transgender people, which the Tennessee and support of HB600, and some of Tennessee’s counties that attempt to protect their citizens U.S. Constitutions do not permit.” largest employers, including Nissan, Alcoa, from discrimination based on characteristics FedEx, AT&T, Whirlpool, and Comcast, opposed that bear no relationship to job performance, “Fifteen years ago, in fact—in a case quite the bill. In addition, the Tennessee Chamber talent, or one’s ability to contribute to society.” similar to this one—the U.S. Supreme Court of Commerce issued a public statement in ruled that, ‘if the constitutional conception of Plaintiffs’ claims are based on the equal opposition to the bill on the day it was signed ‘equal protection of the laws’ means anything, protection guarantees of the United States and into law by Gov. Haslam. it must at the very least mean that a bare... Tennessee Constitutions. The lawsuit, which desire to harm a politically unpopular group “Under the very thin guise of protecting will proceed in state court, seeks injunctive cannot constitute a legitimate governmental businesses and commerce, Tennessee passed relief to stop the enforcement of HB600 and interest’,” said Rubenfeld, citing Romer v. Evans, a law specifically intended to encourage an order from the Court declaring the law which struck down a Colorado constitutional discrimination against lesbian, gay, bisexual, and unconstitutional. 4 On The Docket | SUMMER 2011

NCLR Continues to Advance LGBT Policy at the Federal Level

By Maya Rupert, Esq. recently, NCLR organized and facilitated a Federal Policy Director meeting with key members of HUD staff Things are really heating up in Washington and LGBT advocates to talk specifically D.C. this summer. And we’re not just talking about the housing needs of the transgender about the weather. community.

Following the Obama administration’s game- Finally, we have also played an important changing decision to stop defending the role in several health policy advancements, discriminatory so-called Defense of Marriage particularly in ensuring equal access to Act, there has been significant momentum LGBT patients and their families in hospital in D.C. moving federal lesbian, gay, bisexual, and Girls, where the project was received settings. In addition to having played a part and transgender issues forward. And extremely positively. in advocating for the final hospital visitation NCLR has made sure to capitalize on that regulations, NCLR will present a workshop NCLR continues to partner closely with momentum to help achieve some important at the Gay and Lesbian Medical Association the Department of Housing and Urban victories. In addition to our work advancing conference this fall, using our expertise on the Development (HUD) as it extends increased our priorities on the legislative level, NCLR regulations to educate healthcare providers protections against housing discrimination has helped in a number of important of their changing responsibilities under the to the LGBT community. In particular, we advancements on the administrative level. new rule. NCLR had strongly urged the and played a key role in its most recent Department of Health and Human Services NCLR has identified a strong need to address proposed rule that makes several changes to the violence that plagues transgender HUD regulations to ensure equal access to (HHS) to address the related issue of medical women and girls, and we are actively working several housing programs to LGBT people. decision-making, which was originally outside at the federal level to partner with agencies NCLR participated in several roundtables the scope of what they expressed interest in and work together to combat the problem. and conferences along with John Trasviña, doing. HHS recently announced that it will Recently, NCLR was invited to host a brown Assistant Secretary for Fair Housing and soon issue guidance on medical decision- bag lunch presentation for the Department Equal Opportunity, to discuss the rule and making. NCLR is once again the lead drafter of Justice (DOJ) to educate key staff about how it should be revised prior to becoming in comments that will be joined by other the prevalence of this violence and what final. NCLR was also the lead drafter on organizations providing analysis to HHS on DOJ can do to address it. We have also met public comments for the rule that were how best to craft regulations that will serve with the White House Council for Women joined by over 30 other organizations. Most the LGBT community.

Elder Law Project Makes Significant Achievements

By Daniel Redman, Esq. home and go home to live with her partner planning and require cultural competency NCLR Elder Law Project Fellow after state officials had kept them apart on training for nursing home personnel. wrongful pretenses. In the year to come, NCLR’s Elder Law Project enjoyed an exciting In the coming year, the Del Martin Initiative NCLR will continue to pursue an aggressive year, with great advances in litigation, will delve into additional federal work, litigation strategy in state, federal, and legislative advocacy, and outreach. pushing agencies to revise anti-LGBT (and administrative courts. especially anti-trans) policies, partnering In courts, administrative agencies, and at Policy work sets the law, and we’ve been with the Department of Housing and Urban the settlement table, NCLR has seen win after win. Alongside co-counsel in Sonoma deeply involved in crafting new statutes to Development on issues affecting low-income County, we won a $600,000 settlement for protect LGBT elders at both the state and elderly households, and working to ensure Clay Greene after Sonoma County officials federal level. Currently, we’re working with a that older LGBT individuals will be recognized separated him from his partner Harold, put California state senator’s office on a bill that as a vulnerable population for the purposes him in a nursing home against his will, and would mandate cultural competency training of the Older Americans Act’s funding deprived the couple of the chance to spend as part of continuing education. When Rep. priorities. Tammy Baldwin proposed an Omnibus LGBT their final weeks together before Harold’s With our funding renewed for another Aging Bill to remedy provisions in the federal death. year by the Pride Law Fund, NCLR will code discriminating against LGBT elders, continue to build on these successes and After months of delay, NCLR won Medicare NCLR reviewed and provided comments. benefits for Jamie Wyatt—a transwoman in accomplishments. With strong court-based California—whose benefits had been held In addition, NCLR is working with LGBT elder advocacy, an understanding of the legislative up solely because of her gender identity. advocates across the state of California to process, and innovative publications, we will In the South, we helped an elder lesbian push for the full implementation of AB2920 find newer and better ways of serving the with disabilities avoid appointment of a and SB1729—laws that mandate full inclusion LGBT elder community. guardianship, so she could leave the nursing of LGBT elders in Area Agency on Aging 5 NCLRights.org

NCLR Active Cases U.S. SUPREME COURT PARENTING born. After Florida’s Department of Children and Families (“DCF”) terminated the parental rights Christian Legal Society v. Wu Charisma R. v. Kristina S. of E.L.A.’s birth mother, V.A. applied to adopt Victory! | California and Texas Victory! | California E.L.A. During a hearing, numerous witnesses Like many public schools, the University of After being together for six years, Charisma R. testified that V.A. was a loving mother and that California - Hastings College of the Law requires and Kristina S. had a child. Kristina gave birth in the adoption would be in E.L.A.’s best interests. funded student groups to comply with Hastings’ 2003, and Charisma was the primary caretaker. DCF withheld its consent to the adoption solely policy on non-discrimination. In 2004, the When their child was only a few months old, because Florida law prohibits “homosexuals” Christian Legal Society (CLS) filed a lawsuit Kristina abruptly separated from Charisma, from adopting. The trial court granted the arguing that this requirement violated CLS’ taking the child with her. A court initially denied adoption, holding that the adoption ban violates First Amendment right to discriminate against Charisma visitation, but the California Court of Florida’s constitution and DCF appealed. LGBT and non-Christian students. NCLR and Appeal held that she could be a parent under V.A. was represented by Alan Mishael and Paul Smith of Jenner & Block LLP, represented California law. In 2006, the Family Court held Elizabeth F. Schwartz. With pro bono help from Outlaw, the LGBT student group at Hastings, that Charisma is a legal parent and awarded Cristina Alonso at the law firm of Carlton Fields, which intervened to defend the University’s her visitation. The Court of Appeal upheld this NCLR submitted an amicus brief to the Court of policy. decision, and the U.S. Supreme Court refused Appeal explaining the historical context of the review. On June 28, 2010, the United States Supreme adoption ban, which passed in 1977 during Anita Court upheld public universities’ rights to require Kristina moved to Texas and tried to challenge Bryant’s hateful anti-gay campaign, and showing funded student groups to comply with non- the California rulings there, but the Texas court that the ban unfairly targets lesbian, gay, and discrimination policies. This case is important denied Kristina’s petition. bisexual people while allowing all other groups not only because of its impact on student Charisma is represented pro bono by Amanda individualized consideration. The brief argued groups, but because the Supreme Court put a List and Deborah Wald, with assistance from that the law is unconstitutional under the Florida stop to CLS’ and other far right religious groups’ NCLR. In Texas, Charisma was represented constitution’s prohibitions of bills of attainder efforts to undermine non-discrimination laws pro bono by Debra Hunt and Connie Moore. and special laws, and its equal protection by establishing a First Amendment “right to Charisma was previously represented by Amy requirement. discriminate” even when a group is receiving Rose of Squire Sanders & Dempsey, LLP, Algera On October 28, 2010, the Court of Appeals public funds. Tucker, and Rachel Catt. affirmed the trial court’s decision allowing V.A. to adopt E.L.A. Doe v. Reed Ex Parte ARR Victory! | Washington State Pending | Puerto Rico Debra H. v. Janice R. In this case, anti-gay groups asked the U.S. ARR and CCV are a lesbian couple who have Partial Victory | New York Supreme Court to overturn a court order been together for more than twenty years. Debra H. and Janice R. were a same-sex couple disclosing the names of 138,000 people who They had a child together through assisted living in New York who planned to have a child signed petitions supporting an anti-gay ballot reproduction, with CCV giving birth, and ARR together and entered a Vermont civil union. initiative in Washington State. In November has always acted as an equal parent to their After Janice gave birth, Debra and Janice lived 2009, Washington voters rejected this attempt— daughter. Their daughter recognizes both of together and parented the child together for Referendum 71—and preserved the state’s them as her mothers, and has a strong bond with over two years. After the couple separated, domestic partnership law. both women. Debra continued to visit the child regularly, until In a friend-of-the-court brief, NCLR, Lambda The lower court held that Puerto Rico’s adoption Janice cut off contact when the child was four Legal, and Gay & Lesbian Advocates & statute did not permit the couple to obtain years old. A trial court awarded Debra visitation, Defenders (GLAD), together with the Human a second-parent adoption to protect ARR’s and Janice appealed that decision, arguing that Rights Campaign and the National Gay and relationship with their daughter. Debra should have no parental rights. Lesbian Task Force, defended open government laws requiring public disclosure of individuals On appeal, NCLR and the ACLU of Puerto New York’s highest court, the Court of Appeals, who support state ballot initiatives. The brief Rico filed anamicus brief with the Puerto held on May 4, 2010 that Debra is a legal refutes the false claim that supporters of anti-gay Rico Supreme Court arguing that the statute parent because New York must recognize the initiatives have been subjected to “systematic discriminates against same-sex couples and Vermont civil union for purposes of parentage. intimidation” by the LGBT community. In fact, unconstitutionally disadvantages children with Unfortunately, the Court declined to overrule it is LGBT people who suffer serious violence, unmarried same-sex parents by denying them a a similar, earlier case, Alison D. v. Virginia harassment, and discrimination, along with legal relationship with both their parents. M., which held that non-biological and non- a 30-year barrage of ballot petitions aimed adoptive parents cannot seek custody or at stripping LGBT people and other minority Florida Department of Children visitation, leaving many families without legal groups of basic protections. and Families v. M.J.H. protection. Victory! | Florida On June 24, 2010, the United States Supreme NCLR, joined by LGBT advocacy organizations Court decisively rejected the challenge to the V.A., a lesbian who lives in Florida with her from around the country, wrote an amicus brief. disclosure requirement. The case is pending on partner, has been raising a baby boy, E.L.A.—a Wilson Sonsini Goodrich & Rosati assisted with remand in the Western District of Washington. relative of V.A.’s—since nine days after he was the brief pro bono. 6 On The Docket | SUMMER 2011

Smith v. Quale discrimination against Atala and her daughters with CalPERS, and educated them about their Victory! | California or to eliminate discrimination based on sexual responsibilities under SB 54, CalPERS modified orientation. The case is pending before the their guidance to comply with SB 54. The Kim Smith and Maggie Quale were in a IACHR in Costa Rica to determine Chile’s liability Alameda County Fire Department then added committed relationship for over two years. under the American Convention of Human Nancy’s wife to all of her employee benefit plans. They had children together using a friend as a Rights. sperm donor. Kim and Maggie paid the donor Perry v. Brown for his sperm from their joint bank account. Victory! Appeal Pending | California They had twins and raised them together for MARRIAGE & RELATIONSHIP RECOGNITION approximately six months before breaking up. On May 22, 2009, two same-sex couples filed Jackson v. D.C. Board of Elections The donor did not meet the twins until they suit in federal court challenging Proposition 8, and Ethics were about a month old and saw them only which amended the California Constitution to sporadically. After the break-up, Maggie severely Victory! | Washington, D.C. prohibit marriage by same-sex couples. NCLR, the ACLU, and Lambda Legal filed anamicus limited Kim’s contact with the twins. Kim filed a NCLR is part of the Campaign for All D.C. brief in the case, arguing that Proposition 8 parentage action in Santa Cruz County, asserting Families, a diverse coalition working to achieve violates the federal Constitution. On August her parental rights and requesting joint custody. marriage equality for same-sex couples in 4, 2010, Judge Vaughn Walker ruled that As a defense to Kim’s parentage action, Maggie the District of Columbia. Covington & Burling Proposition 8 violates the federal Constitution’s asked the sperm donor to return from a distant represents the Campaign. On December guarantees of due process and equal state, file a paternity action, and move in with 15, 2009, the D.C. City Council passed “The protection. her and the twins. The court granted Kim joint Religious Freedom and Civil Marriage Equality custody in preliminary hearings. On February 18, Amendment Act of 2009,” permitting same-sex The Ninth Circuit Court of Appeals stayed 2010, Kim and Maggie settled the case so that couples to marry. Mayor Adrian Fenty signed the Judge Walker’s ruling pending appeal by the both women are considered legal parents. measure, which took effect on March 3, 2010. proponents of Proposition 8. The Ninth Circuit asked the parties to address whether the NCLR, Deborah Wald, and local counsel Opponents of marriage equality unsuccessfully Proposition 8 proponents have “standing” – that Donna Becker represented Kim, with pro bono attempted to halt the implementation of D.C.’s is, whether they have the legal right to appeal assistance from Robert Depew of Wilson Sonsini marriage equality laws in court, which NCLR Goodrich & Rosati. the case. NCLR, the ACLU, Lambda Legal, helped oppose as part of the Campaign. When and Gay & Lesbian Advocates & Defenders those efforts failed, opponents of marriage Karen Atala Riffo v. Chile (GLAD) filed anotheramicus brief arguing that equality sought to put the new D.C. marriage law Victory! | Inter-American it should uphold Judge Walker’s decision. The to a popular vote. The D.C. Board of Elections Commission on Human Rights Ninth Circuit heard oral argument in the case and the lower courts rejected that effort, ruling on December 6, 2010. Shortly thereafter, the On May 31, 2004, a Chilean Court ordered that the D.C. Human Rights Act prohibits Ninth Circuit asked the California Supreme Karen Atala, a judge in Chile, to relinquish initiatives that seek to deny rights to a minority Court to clarify whether California law gives custody of her three children to her estranged group. The District’s highest court issued a final ballot initiative sponsors the power to override husband because she is a lesbian living with ruling on July 15, 2010, affirming the rulings of the litigation decisions of the Attorney General her partner. The Supreme Court of Chile the Board and the lower courts. The initiative’s and the Governor. NCLR, Lambda Legal, and based its decision on the long-discredited and backers filed a petition for certiorari with the Equality California filed anamicus brief with the unsupportable notion that lesbian parents are U.S. Supreme Court, but on January 18, 2011, the California Supreme Court. harmful to children. Atala took her case to the Supreme Court denied that petition. Inter-American Commission on Human Rights On April 25, 2011, Proposition 8’s proponents (IACHR) in Washington, D.C. NCLR, the New Nancy C. v. Alameda County Fire filed a motion seeking to vacate Judge Walker’s York City Bar Association, Human Rights Watch, Department decision, arguing that because he is gay and International Gay and Lesbian Human Rights Victory! | California in a long-term relationship, he was unfairly Commission, International Women’s Human biased. NCLR, Lambda Legal, and the ACLU Nancy C. is an emergency dispatcher with the Rights Law Clinic at the City University of New filed anamicus brief arguing that it would be Alameda County Fire Department. Nancy and York, Lawyers for Children, Inc., Legal Aid discriminatory to exclude gay judges from her wife, a Canadian citizen, were married in Society of New York, and Legal Momentum filed ruling on all LGBT-rights issues. The district Canada in October 2009. When Nancy learned an amicus brief in support of Atala, arguing that court’s hearing on that motion took place on the Court’s decision is contrary to the weight of about the passage of SB 54, the California June 13, 2011. international authority. law requiring the state to grant all the rights and benefits of marriage to same-sex couples Reynolds and McKinley The IACHR determined in 2009 that Chile married in other states or countries after Pending | Cherokee Nation “violated Karen Atala’s right to live free from November 5, 2008, she asked her employer to discrimination” when it revoked Atala’s custody. add her wife to her health and retirement plans. NCLR represents Kathy Reynolds and Dawn The IACHR urged Chile to make reparations and The H.R. department initially told her that they McKinley, a same-sex couple who are members to adopt “legislation, policies and programmes” could not do so after CalPERS staff incorrectly of the Cherokee Nation. In May 2004, Reynolds to prohibit and eradicate discrimination based advised them that only same-sex couples who and McKinley obtained a marriage certificate on sexual orientation. registered as domestic partners were eligible from the Cherokee Nation and married shortly In September 2010, the IACHR determined for benefits. After NCLR advocated with the thereafter. The next month, another member that Chile had not taken steps to address the fire department, with Alameda County, and of the Cherokee Nation sought to invalidate 7 NCLRights.org

modified a number of important policies in its SPORTS Public Guardian’s Office, including requiring Apilado, Charles, and Russ v. North County employees to follow protocols before American Gay Amateur Athletic seizing private property, preventing County Alliance employees from relocating elders or others Pending | Washington State against their will, and prohibiting County employees from backdating information in their NCLR clients Steven Apilado, LaRon Charles, guardianship database. NCLR represented and Jon Russ had played in the San Francisco Greene and the estate of Scull along with The Gay Softball League and attended the Gay Law Office of Anne N. Dennis and Stephen Softball World Series with their team, D2, for Kathy Reynolds and Dawn McKinley O’Neill and Margaret Flynn of Tarkington, years. At the 2008 World Series in Seattle, O’Neill, Barrack & Chong. they made it to the championship game for the Reynolds and McKinley’s marriage in court. first time. During the championship, another NCLR successfully defended Reynolds and Jamie Wyatt (Medicare Benefits) team challenged D2’s eligibility based on a McKinley before the Cherokee high court. Two Victory! | Federal tournament rule limiting each team to no more days later, various members of the Cherokee than two straight players. NCLR client Jamie Wyatt applied for Medicare Nation Tribal Council sought again to invalidate Part A and qualified for coverage. Because she Immediately after the game, five D2 players were Reynolds and McKinley’s marriage. In December is a transgender woman, the Social Security summoned to a conference room for a protest 2005, the high court dismissed this second Administration delayed her benefits for months hearing. Each player was forced to answer challenge to their marriage. while it debated whether it would recognize questions about his sexual orientation and his In January 2006, the Court Administrator, who her pre-transition marriage for purposes of private life in front of a room of over 25 people, is responsible for recording marriage licenses, qualifying for benefits. During the delay, Ms. most of them strangers. The players were forced filed a third lawsuit challenging the validity of the Wyatt had to pay over $300 per month out to state whether they were “predominantly marriage. NCLR is now defending Reynolds and of her fixed income. NCLR advocated on her attracted to men” or “predominantly attracted McKinley’s marriage against this third challenge. behalf with Medicare officials, arguing that to women,” without the option of answering that NCLR asked the court to dismiss the case and is Ms. Wyatt clearly qualified for benefits, her they were attracted to both. A panel then voted waiting for a ruling. marriage should be recognized, and that she on whether each player was “gay” or “non- deserved both premium-free Medicare and a gay.” The predominantly white panel voted that full reimbursement of the money she paid. In Steven, LaRon, and Jon—all people of color— ELDER LAW February 2011, the Social Security Administration were not gay, but that the other two players, Greene v. County of Sonoma et al. awarded the benefits. both white—one of whom had given the same answers as Jon—were gay. Victory! | California The committee disciplined Steven, LaRon, and NCLR clients Clay Greene and the estate of ANTI-DISCRIMINATION Jon, their team, and the San Francisco Gay Harold Scull, Greene’s deceased partner of 20 Ghiotto v. City of San Diego Softball League and forced their team, D2, years, reached a settlement on July 22, 2010 Partial Victory | California to forfeit their second-place win. Despite its resolving their lawsuit against the County of policy of welcoming all players regardless of Sonoma and other defendants. Greene and After being ordered to drive a fire engine in the their sexual orientation, the North American Scull’s estate will receive more than $600,000. 2007 San Diego LGBT Pride Parade as paid employees, a group of firefighters sued the Gay Amateur Athletic Association (NAGAAA), Greene and Scull lived together for 20 years City for sexual harassment and violation of their which organizes the Gay Softball World Series, and had executed mutual powers of attorney rights to free speech because they objected refused to change the discriminatory rule that for medical and financial decisions and wills to the message of inclusion and support for excludes players based on sexual orientation or naming each other as beneficiaries. In April LGBT rights. The firefighters lost on their to stop interrogating players about their sexual 2008, County employees separated the orientations. NCLR and Suzanne Thomas and freedom of speech claim but prevailed on the couple after Scull fell outside their home. Peter Talevich of K & L Gates LLP represent sexual harassment claim in the trial court. NCLR County officials then ignored the couple’s legal Steven, LaRon in federal court in the Western filed anamicus curiae brief in the California documentation, unlawfully auctioned their District of Washington. On May 31, 2011, Court of Appeal to defend the importance of possessions, terminated their lease, and forced the Court ruled that NAGAAA is subject to Pride parades and to make clear that public Greene into an assisted living facility against Washington anti-discrimination laws as a “place employees do not have a constitutional right his will. The County did not consult Greene in of public accommodation.” Trial is set for August to refuse needed emergency services to Scull’s medical care and prevented the two 1, 2011. LGBT people or to refuse to participate as from seeing one another. In August, 2008, representatives of the city to promote goodwill before the partners were reunited, Scull passed Sulpizio and Bass v. Mesa between city departments and the LGBT away. Community College residents they serve. On October 14, 2010, the Victory! | California In August, 2009, Greene and the representative Court of Appeal affirmed the trial court’s ruling of Scull’s estate filed a lawsuit against the rejecting the firefighters’ free speech claims, Lorri Sulpizio was the Head Women’s Basketball County. In addition to agreeing to pay a but upheld the judgment against the city on the Coach at San Diego Mesa College (Mesa), and substantial sum, the County has changed or sexual harassment claims. her domestic partner, Cathy Bass served as the

8 On The Docket | SUMMER 2011 team’s Director of Basketball Operations for over against the Federal Bureau of Prisons seeking sex offender if he moved to some other states. eight years. Despite successfully leading the to enjoin the Bureau from subjecting Ms. Adams On June 8, 2011, in a unanimous decision, the women’s basketball program at the community to unconstitutional treatment and seeking to Ohio Supreme Court agreed that the law was college, Mesa officials discharged both coaches abolish its GID policy. The Bureau filed a motion unconstitutional as applied to any child under at the end of the 2007 academic year after to dismiss the lawsuit in September 2009, which 13, and reversed D.B.’s conviction. Brooke Sulpizio repeatedly advocated for equal a U.S. district court judge in Massachusetts Burns, from the Juvenile Division of the Office treatment of female student-athletes and female denied on June 7, 2010. of the Ohio Public Defender argued the appeal faculty, and following publication in a local paper on behalf of D.B. of an article identifying Sulpizio and Bass as In re M. domestic partners. NCLR and Leslie F. Levy of Pending | California Anoka-Hennepin School District Boxer & Gerson, LLP and Mattheus Stephens M. is a transgender man with physical Pending | Minnesota of Stock Stephens, LLP represented Sulpizio in disabilities that prevent him from cleaning, her lawsuit against the San Diego Community NCLR, the Southern Poverty Law Center preparing food, and other life activities. He College District. (SPLC), and Faegre and Benson LLP represent applied for services to help him around his a group of current and former students home, but was denied those services after he from the Anoka-Hennepin School District in came out as transgender. We are currently Minnesota who experienced pervasive verbal representing him in his appeal. and physical harassment based on their actual V.’s case or perceived sexual orientation or gender expression. The hostile environment for LGBT Pending | Illinois students stems in part from the District’s “gag V. is a transgender woman employed by a large policy” that prevents teachers from discussing company. She is afraid to change her name issues related to LGBT people. The gag policy and gender markers because the company has discriminates against LGBT people and, also threatened to withhold benefits for her wife if isolates and fails to protect LGBT students. That Cathy Bass settled her lawsuit in October 2009. she does. We are currently working with her and hostile environment has serious consequences In November 2009, NCLR and their co-counsel the company to resolve this problem. for LGBT youth. At least four LGBT students represented Sulpizio in a jury trial in San Diego. within the District have died by suicide since On December 3, 2009, NCLR won a favorable November 2009. jury verdict for Sulpizio on her retaliation claims. YOUTH The jury awarded $28,000 in damages, which is On May 24, 2011, NCLR and SPLC sent a letter the equivalent of one year’s salary, finding that In re D.B. to District officials demanding that they repeal the District violated Title IX and the California Victory! | Ohio the gag policy and take action to address the Fair Employment and Housing Act by retaliating In Ohio, a 12-year-old boy was charged frequent bullying and harassment of LGBT against Sulpizio after she complained about and prosecuted for statutory rape—a first students. If District officials fail to comply, NCLR gender inequities. degree felony—for intimate conduct with and SPLC will file a lawsuit. an 11-year-old male friend. After finding that Shelton v. Anoka-Hennepin School D.B. had engaged in voluntary conduct TRANSGENDER LAW District with his friend, the court sentenced D.B. to Victory! | Minnesota Adams v. Federal Bureau of Prisons indefinite probation, prohibited him from any et al. contact with his friend, and ordered that he Desiree “Dez” Shelton and Sarah Lindstrom Pending | Massachusetts attend counseling and group therapy for sex were girlfriends and seniors at Champlin Park offenders. If the boy violated any of these High School in the Anoka-Hennepin School Vanessa Adams, a transgender woman, conditions, he could be incarcerated until District, north of Minneapolis. They were elected sought medically necessary treatment for age 21. NCLR, the National Juvenile Defender by their classmates to the royalty court for Gender Identity Disorder (GID) while she was Center, and the Juvenile Law Center filed an their school’s winter formal dance in January incarcerated in federal prison. Ms. Adams was amicus brief in August of 2010 arguing that it 2011 and they planned to walk together in the diagnosed with GID in 2005 and made at least was unconstitutional to apply this law to a child procession just like any other couple. Days 19 requests for hormone treatment for GID. under 13 – a member of the very class the law before the procession, school officials told the Prison officials repeatedly denied the requests was designed to protect. The brief argued that girls that they could not walk together because because Ms. Adams had not received treatment giving prosecutors discretion to bring such other students might be “uncomfortable.” NCLR for GID prior to incarceration. Because of those charges against either participant was unfair and the Southern Poverty Law Center (SPLC) denials, Ms. Adams attempted suicide multiple and could be used to target youth who are worked with the Minnesota law firm of Faegre & times and eventually removed her own genitals perceived as gay. The brief also argued that the Benson LLP and sent a demand letter outlining in an attempt to live consistently with her gender consequences of a conviction as a sex offender the District’s violations of the girls’ rights under identity. for a child are severely disproportionate to the the First Amendment, the Equal Protection NCLR, Gay & Lesbian Advocates & Defenders, conduct, including the fact that the conviction Clause, and the Minnesota Human Rights Act. Florida Institutional Legal Services, and Bingham can never be expunged from the child’s juvenile The District refused to back down, so NCLR McCutchen LLP, filed a lawsuit in February 2009 record and that he would have to register as a and our co-counsel sought an emergency court

9 NCLRights.org

injunction ordering the school to allow the girls As she grew older, school mates, relatives, had suffered, her mother became very angry to participate as a couple at the event. The judge strangers, and gang members verbally and and told her she never wanted to see her again. scheduled a mediation the next day, during physically abused her as well. In one vicious She knew then that her family would never which the District agreed to allow Dez and attack, gang members stabbed her after being accept her as a transgender woman. There was Sarah, and any other same-sex couple, to walk ordered to “get rid of the dyke in town.” After no refuge for her and she fled to the United together in the procession. this horrendous attack, Maria G. fled to the States in September 2002. United States. In the U.S., Maria was at a party Upon arriving to the U.S., she started an abusive Doe v. Vermilion Parish School Board with her partner and friends when a stranger relationship that lasted many years. She was Partial Loss | Louisiana started harassing her girlfriend. To avoid further constantly belittled, isolated, and beaten. It wasn’t problems, they left the party but were followed In the fall of 2009, the Rene A. Rost Middle until she found the support at Tom Waddell Clinic School in Vermilion Parish, Louisiana by the man and his friends, who attacked Maria that she started to make some positive choices for implemented mandatory sex-segregated outside. The police then arrested Maria and her herself. NCLR submitted her asylum application in classes, without offering equivalent co-ed attackers. Although she was the victim and no January 2011 and her case is pending. classes for students or parents who objected. charges were filed against her, ICE picked her The ACLU sued the school district in federal up and detained her. She was released under In re Izel R. court, arguing that the mandatory single-sex the Intensive Supervision Appearance Program Pending | Mexico classes violated the federal law against sex (ISAP) and was referred to Immigration Court. Izel, a transgender woman, faced constant discrimination in education, Title IX. The district NCLR helped her apply for asylum in February discrimination, harassment, and violence court ruled for the school and the plaintiffs 2010 and her hearing is in December 2011. because of her gender identity and sexual appealed to the Fifth Circuit Court of Appeals. In re Fernando orientation. From a very young age, she was Victory! | Honduras rejected at home and school because she did not behave like a typical boy and suffered Fernando is a young gay man from Honduras. verbal, physical, and sexual abuse. She was His first memories of his life are of relatives once jailed by the police because someone calling him derogatory names. His mannerisms accused her of stealing a dress that she had made him an easy target at school where he simply touched. She was only 11-12 years old, yet was isolated, humiliated, and beaten. During was put in a cell with adult males who harassed one attack, several boys in the school beat him her. When her sister came to pay her bond, the and broke one of his teeth. The school never officers did not want to release her. Her sister punished the boys. When he was 11 years old, had to plead with the chief of police to release his mother moved to the United States to NCLR joined an amicus brief in support of the her because she was still a minor. earn money to support her three kids. After plaintiffs, filed on June 6, 2010, written by the As she grew older, the abuse and violence his mother left, Fernando was constantly National Women’s Law Center and Morrison increased. When her father attempted to kill beaten and belittled at home. One evening, he and Foerster LLP. The brief argued that the her with his machete, Izel fled to the United witnessed several men savagely attack a gay school’s mandatory sex segregation policy States. For the next few years, she lived in total man in his neighborhood. The police later told violated both Title IX and the equal protection isolation and fear of being attacked, detained, the victim he was beaten because he was a ‘fag’. clause of the U.S. Constitution because it and deported to Mexico. She struggled with discriminated against students based on sex Fernando fled to the United States in 2006. her gender identity and it wasn’t until 2008 and relied on gender stereotypes to create After four years in the U.S., Fernando returned to that she heard the word “transgender” in different classes for boys and girls. Honduras because his grandmother was terribly a class. In 2010, she found the El/La Para ill, despite the danger he would have to face. On April 6, 2011, the Fifth Circuit affirmed the Trans Latinas program in San Francisco and He remained in Honduras for a short period of district court’s denial of a preliminary injunction found the support there that she had never time and returned to the U.S. in February 2010 but remanded the case to the district court for before received. El/La referred her to the Tom after experiencing more violence. NCLR filed Waddell Clinic where she started her hormonal further consideration of plaintiffs’ claims. his asylum application in February 2011 and his treatment. NCLR helped her file an asylum asylum was granted in March 2011. application, which is still pending.

IMMIGRATION In re P. T. In re V. R. In re Maria G. Pending | Mexico Pending | Guatemala Pending | Mexico P. T. is a transgender woman from Mexico. Due V. R. is a Guatemalan gay man who was Maria G. is a lesbian from Guerrero, Mexico who to her effeminate behavior, she was verbally relentlessly teased as a child. As he grew older, suffered constant verbal and physical abuse by and physically abused at home, in school, and he was often isolated from his group of peers her father and male siblings. In one incident, at out on the streets. Her stepfather also sexually and frequently beaten. V.R. studied to become a the age of 8 or 9, her father threw her against abused her for years and her mother did nothing teacher, but when his parents started spreading the wall so hard that she lost consciousness. Her to protect her. In high school, male students rumors about his sexual identity, he was fired mother thought her father had killed her. His constantly beat and harassed her, yet she kept from his job. In 1995, he fled to the U.S. to seek hatred towards her stemmed from her gender up with her studies. When she confronted her refuge, but had to return in 2000 when his father identity and perceived sexual orientation. mother as an adult about the sexual abuse she fell gravely ill. Upon his return to Guatemala, he

10 On The Docket | SUMMER 2011 found that things had not changed in his country. his case with the Board of Immigration Appeals an amicus brief with the Third Circuit Court He had several encounters where the police (BIA) based on the ineffective assistance of his of Appeals in support of Doe’s eligibility for refused to help him and his friends because previous counsel. On March 30, 2011, the BIA withholding of removal and relief from removal of their sexual orientation. While walking on granted the motion and remanded his case back under the U.N. Convention Against Torture. the street one night, V.R. and his friends were to the immigration court to restart the asylum In December of 2007, the Third Circuit reversed verbally harassed and savagely beaten by a proceedings. We then filed a motion to dismiss the rejection of Doe’s application for asylum and group of men. V. R. fled to the United States. In the Ninth Circuit appeal. The hearing on remand remanded the case to the BIA to fully consider 2009, V.R. landed in ICE custody after a police at the Immigration Court is scheduled for the relevant facts. The court directed the BIA to encounter. NCLR collaborated with the Lawyers’ December 7, 2011. consider whether the treatment of gay citizens Committee for Civil Rights’ pro bono attorney in Egypt has deteriorated since 2001. In March of David Tsai in representing V.R. His asylum In re S.K. 2010, Doe was granted withholding of removal, application was submitted in August 2009 and Victory! | Pakistan which allows him to stay in the U.S. his next hearing is in July 2011. S.K. is a gay Pakistani man seeking asylum In re Vicky In re G. R. and withholding of removal because he fears persecution based on his sexual orientation Victory! | Mexico Victory! | El Salvador and HIV status. Under Pakistani law, being gay Vicky is a young transgender woman from G.R. is a transgender woman from El Salvador is punishable by death and LGBT people are Mexico. Throughout her childhood, Vicky’s who experienced serious verbal and physical forced to live in secrecy and constant fear. The family and the people in her town attacked abuse from her family and community. After her Immigration Judge ignored the serious risk her for being feminine. When she was 16, her father attempted to drown her, G.R. cut off all of persecution that S.K. faces and denied his parents abandoned her. She fled to the United communication with him. When she was 15, she application for asylum. The judge held that S.K., States in 1994. In 1997, she began living as a became involved in youth groups through her who is HIV positive and was in a committed woman. In 2003, she was detained by the church and obtained a religious visa to enter the relationship with a man in Minnesota, could avoid Phoenix police and deported to Mexico. Vicky United States. She attended high school in the persecution by hiding his sexual orientation, tried to find her family, hoping for reconciliation, U.S. and wanted to pursue a career in nursing. marrying a woman, and having children. The but instead her brothers beat her. Vicky Immigration Judge also failed to recognize As she started presenting herself more as a remained in Mexico for eight months, but she that S.K.’s traumatizing diagnosis of HIV female, it became harder and harder to obtain was often beaten, ridiculed, and threatened, and understandably delayed his filing. The Board employment. She eventually became homeless a fruit stand she opened was destroyed. She of Immigration Appeals (BIA) originally upheld and, in late 2009, arrived in San Francisco. The returned to the United States and applied for the Immigration Judge’s decision, and S.K. El/La Program for Trans Latinas put her in touch asylum in 2005 with the help of NCLR and pro appealed. with Lyon-Martin Health Services for hormonal bono attorneys at Hanson Bridgett LLP. On July treatment, and she was later referred to NCLR After NCLR submitted an amicus brief to the 2010, Vicky’s asylum application was granted. for legal help. NCLR helped her file for asylum in Eighth Circuit, that court agreed to send the case October 2010 and her asylum was approved in back to the BIA so that the Board could clarify In re S.H. February 2011. its decision. NCLR helped to organize other Victory! | Bosnia LGBT, HIV/AIDS, and immigrant-rights groups, S.H. is a lesbian from Bosnia who came to the J.G. v. Holder including the National Immigrant Justice Center, United States in 2006 to escape the oppressive Victory! | Mexico Immigration Equality, ACLU, AIDS Legal Council and abusive conditions she faced because of her of Chicago, and International Association of J.G. is a gay man from Mexico who suffered sexual orientation. While vacationing with her Physicians in AIDS Care to submit a joint amicus repeated sexual and physical assaults because girlfriend, a group of men found out that they brief to the BIA in July 2008. In May 2009, the of his sexual orientation. He fled to the United were lesbians and raped them. The police initially BIA remanded the case to the Immigration States in 1999. In 2004, after a notario offered took a report but then told the two women to Judge to reconsider the original ruling, to get him a work permit, J.G. found himself in leave town. The police blamed the women for instructing the judge to assume that S.K. would an interview with an asylum officer. When the the assault and accused them of trying to cause not hide the fact that he is gay. The hearing on officer asked him if he was gay, he admitted that problems in a small town. After the rape, S.H. remand has been postponed and is currently he was, but he was so unprepared and anxious told her mother about her sexual orientation, scheduled for May 15, 2013. that he did not mention the serious abuse he but her mother refused to talk to her. At the suffered in Mexico. Doe v. Gonzales same time, her father kept her in their home so that S.H. could not see her girlfriend. He also His case was then referred to the immigration Victory! | Egypt wanted her to marry a man. After a second court, and he found an attorney to represent John Doe, a gay man from Egypt, applied rape attempt, S.H. fled her country. She learned him. That attorney failed to make several basic for asylum based on anti-gay persecution he about an exchange program and left Bosnia in arguments or introduce key evidence about his suffered in Egypt, where gay men are frequently 2006. She submitted an asylum application on eligibility for asylum. The attorney then resigned arrested and subjected to brutal physical her own, but was referred to the Immigration from practicing law without notifying J.G. He mistreatment for private, consensual adult Court. Her hearing began in June 2009 but was eventually found his way to NCLR’s Immigration sexual conduct. The Immigration Judge and continued until May 2010. In December 2010, Project. Board of Immigration Appeals (BIA) denied S.H. was granted asylum in Immigration Court. NCLR took on his appeal to the Ninth Circuit his application. NCLR and the International NCLR worked with pro bono attorney Cara Court of Appeals and filed a motion to reopen Gay & Lesbian Human Rights Commission filed Jobson of Wiley and Jobson on her case.

11 www.NCLRights.org

FIERCE ADVOCACY—CONTINUED FROM COVER friends and family has made my coming out experience Contact Us an unforgettable one.” tel 415.392.6257 She also wrote a memoir, Like Me, about her life as a But perhaps the most evocative introduction was for the fax 415.392.8442 closeted lesbian that was released at the same time. organization’s founder, Judge Hitchens—recipient of the toll free 800.528.6257 “I cannot believe how much my friendships mean to Founder’s Award—who retired in November 2010 after [email protected] me now, because they’re real,” Chely told the crowd. 20 years with the San Francisco Superior Court. NCLRights.org “There’s no doubt that it gets better because of you “The lives of thousands have been improved because here in this room.” National Office Donna’s commitment was and is unparalleled,” Kate Lisa Howe, the Justice Award winner, attended the said. “Her unfailing commitment to justice and equality 870 Market Street celebration with her partner, Wendy Holleman. Lisa, continued in her role as one of the nation’s most well- Suite 370 a former soccer coach at Belmont University, put respected judges, whose innovative leadership has San Francisco, CA 94102 a face on the continued need to fight employment redefined how the family court system operates in San discrimination across the country. After coaching at Francisco. Her legacy is expansive and extraordinary, Belmont for 6 years, in November 2010, Lisa shared and she’s truly a living icon.” The National Center for Lesbian the news with her team that she and Wendy were Fresh out of University of California, Berkeley’s Boalt Hall expecting a baby. Rights is a national legal School of Law in 1977 and eager to make a difference, Despite having no other issues at work, within a she started the Lesbian Rights Project, one of the first organization committed to month of mentioning Wendy and their pregnancy, legal organizations in the country to focus primarily advancing the civil and human Lisa was no longer at Belmont. She and the university on issues encountered by lesbians, such as custody, had come to a “mutual understanding” to separate. adoption, access to public accommodations, and rights of lesbian, gay, bisexual, The couple—who welcomed daughter, Hope, in employment. and transgender people and May—helped transform the hearts and minds of her In 1988, the Project became independent and was community and colleagues, inspiring them to launch their families through litigation, renamed the National Center for Lesbian Rights. And an unprecedented public discussion about the place public policy advocacy, and today, Judge Hitchens’ pioneering spirit and unwavering of openly LGBT people in private Christian colleges commitment to advancing LGBT justice and equality public education. and universities, and prompting Belmont to change its continues, with NCLR staff helping more than 5,000 non-discrimination policy to include sexual orientation. LGBT people and their families each year through During his speech, Kye Allums, recipient of the Spirit litigation, public policy advocacy, and public education. Award, thanked his mother for standing beside him “I sometimes feel like I have three kids instead of two, since he came out as the first Division I basketball and NCLR is my oldest child,” she joked. “I am so player to publicly announce that he’s transgender, honored to be recognized with Chely and Stan and demonstrating extraordinary bravery and character in such incredible clients, who are my true role models. living genuinely and unapologetically as a transgender Their courage and willingness to stand up for what is man. right is and always has been the real foundation of this “I am truly humbled that NCLR honored me with the organization. I have been lucky to be a part of it from the Spirit Award,” he said. “The love and support from my beginning, and to see NCLR turn 34 is truly amazing.”

Printed using vegetable-oil based inks on 100% recycled paper with Don’t miss our 35th 100% post-consumer content. Anniversary Celebration!

MAY 5, 2012 Save the Date! IN SAN FRANCISCO

Check out www.NCLRights.org for your updates.