LGBT Newsletter 2002.Qxd
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Equal Time LGBT Community Service Fall 2002 Jenner & Block Takes Lawrence Table of Contents to United States Supreme Court Jenner & Block Takes Jenner & Block has teamed up with Lambda which includes Jenner & Block Partners Lawrence to United States Legal Defense & Education Fund to seek United Paul Smith and William Hohengarten Supreme Court 1-2 States Supreme Court review of the constitution- and Associates Daniel Mach and Sharon ality of same-sex sodomy laws: The Firm has McGowan, and Lambda attorneys Ruth Harlow, Championing Causes asked the Supreme Court to review the decision Susan Sommer and Patricia Logue, who is a Facing the Community 2 in Lawrence and Gardner v. Texas, in which two Jenner & Block alumna. men were convicted of “homosexual conduct” First, they argue that the Texas statute, which involving consensual adult sexual intimacy singles out gay men and lesbians for discriminatory New Associate Updates between the men in the privacy of one of their treatment, cannot survive equal protection review ACLU Book on Rights of homes. The Texas law criminalizes only same-sex in light of several Supreme Court decisions LGBT People 3 conduct, not identical conduct by male-female including Romer v. Evans. In Romer, the Supreme couples. Court struck down a Colorado provision that would Firm Alums Move to The case began on Sept. 17, 1998, when sher- have made it more difficult for gay men and les- Public Service 3 iff’s deputies, responding to a false report of an bians than for any other class of people to secure armed intruder, entered John Lawrence’s apart- legislative protections against discrimination. Jenner & Block’s ment. Inside, the police found Mr. Lawrence and “By criminalizing conduct only when the partici- Tyron Gardner having sex. Both were arrested pants are of the same sex, Texas has attempted Community Involvement 3 and jailed overnight. After the trial judge refused to make gay men and lesbians ‘strangers to the to throw out the charges, the men pleaded no law,’” said Paul Smith, “and the Supreme Court Meet Our Openly Lesbian contest and were required to pay a fine. The has explicitly ruled that the Constitution prohibits and Gay Attorneys 4-7 Texas appellate court upheld the convictions, states from legislating in this manner.” finding that Texas’s desire to enforce “moral stan- The team also is arguing that the constitutional Firm Engineers “Merger” dards” provided adequate support for the law. right to privacy protects individuals from prosecu- of Three Chicagoland HIV/ The Texas Court of Criminal Appeals—the state’s tion for consensual sexual intimacy in the confines highest appellate court for criminal cases— of the home. The petition for certiorari encour- AIDS Service Agencies 8 refused to hear an appeal. ages the Supreme Court to reconsider its 1986 Two main arguments for the Supreme Court’s decision in Bowers v. Hardwick, which held that Absence of Mallets at consideration have been presented by the team, there is “no fundamental right [of] homosexuals to Open Hand Fundraiser 8 Continued on page 2 CALENDAR T Sept. 26-28: Jenner & Block sponsored T Oct. 10-13: Partner Gail Morse and TOct.16: Partner William Hohengarten a table at the Mautner Project’s National Associate Nicole Berner speak on the “Out speaks on a panel at the Minority Corporate Lesbian Health Conference: “Healing Works!” on the Job” panel discussion at Lavender Law Counsel Association’s Annual Creating Gala, the fundraiser for the only national 2002. Associate Jorge Leon staffs the Firm’s Pathways to Diversity Conference in New organization dedicated to lesbians with can- Career Fair booth. Jenner & Block also York City. The panel, “The Question of cer, their partners and caregivers. Attorneys serves as a sponsor of this annual conference Partnership,” discusses qualities expected in from the Firm’s Chicago and D.C. offices of the National Lesbian and Gay Law law firm partners, the assignment process attended the Gala held in Washington, D.C. Association (NLGLA) and the National and what firms should do to develop and to personally support the project. Lesbian and Gay Law Foundation (NLGLF). retain minority, women, and LGBT attorneys. Equal Time Championing Causes Facing the Community Continued from page 1 William Hohengarten and Nicole Limon challenged as a violation of the engage in sodomy.” At the time Berner filed an amicus brief in Jegley v. equal protection clause of the federal Hardwick was decided, 24 states and Picado on behalf of the American Constitution the so-called “Romeo & Juliet the District of Columbia had laws pro- Psychological Association and the law” that applies only to opposite-sex hibiting consensual sodomy. However, National Association of Social Workers, couples. Unfortunately, in February the since 1986, half of those jurisdictions as well as the local Arkansas chapters Kansas Court of Appeals rejected the —including Georgia, whose statute was of each organization, in the successful appeal and the state’s Supreme Court at issue in Hardwick—have repealed challenge to the state’s criminal sodomy refused to consider the case. Jenner & their sodomy laws legislatively or invali- statute before the Arkansas Supreme Block continues to work with the litigation dated them as contrary to their state’s Court. In July, the court struck down the team, which is considering an appeal to constitution. statute, which prohibited certain sexual the U.S. Supreme Court and pursuing The Lawrence petition also contains conduct but only when performed by habeas relief for Mr. Limon. compelling data regarding the integra- persons of the same sex, on the grounds tion and acceptance of gay and lesbian that it violated the state constitutional The Firm’s Washington, D.C. office filed families into civic life and notes the rights to privacy and to equal protection an amicus brief on behalf of the American many state and federal statutes enact- of the laws. Psychological Association and the ed to provide gay men and lesbians National Association of Social Workers, with the same benefits of citizenship Associate Scott Schutte is represent- as well as the local Nebraska chapter of enjoyed by heterosexuals. ing the victim of an anti-gay hate crime in each organization, before the Nebraska “The nation’s conception of the types a pro bono case referred by the Lawyer’s Supreme Court in support of a lesbian’s of conduct that should be considered Committee for Civil Rights. In August attempt to adopt her partner’s biological private and out of the reach of govern- 2000, the Chicago man was viciously child. In March, however, the court ruled ment intrusion has evolved tremen- beaten and left for dead by a group of that Nebraska law did not permit second dously over the past decade,” said Bill attackers, who yelled anti-gay epithets parent adoption by same-sex partners. Hohengarten. “Considering these both during and after the attack. In July Although the ultimate outcome In Re significant changes in social attitudes 2001 he filed a civil suit in Cook County Adoption of Luke was disappointing, it regarding sexual orientation, we believe Circuit Court seeking damages. By serves as another important reminder of the time is ripe for the Supreme Court August 2002, both defendants were the challenges facing gay and lesbian to reconsider its ill-conceived decision served; the case is now in the discovery parents throughout the country. The Firm in Bowers v. Hardwick. stage. remains steadfast in its effort to protect “If the case is taken up by the Court, the rights of LGBT families. it will undoubtedly be one of the most Jenner & Block filed an amicus brief important gay and lesbian rights cases on behalf of the American Psychological Managing Partner Robert Graham ever considered by the Court,” he said. Association in the U.S. Supreme Court in contributed to a crucial brief that helped “Either way, we are extremely proud to support of James Dale in Boy Scouts of Lambda Legal Defense and Education be involved in this critical litigation.” America v. Dale, arguing that lesbians and Fund, the nation’s largest and oldest Ruth Harlow, Lambda’s Legal gay men should not be excluded from that organization working for the civil rights of Director, noted that “Jenner &Block’s organization by virtue of the fact that they LGBT people, win recognition as a chari- expertise in Supreme Court litigation belong to the LGBT community. Although table organization in Illinois. For eight and its real commitment to pro bono Dale did not ultimately prevail, in his pow- years, the Illinois Department of Revenue work—including for LGBT rights—made erful dissent Justice John Paul Stevens had continually ruled that Lambda, as an an enormous contribution in presenting specifically cited the brief filed by Partner organization advancing a “social, moral, or a compelling case why the court should Paul Smith and other Firm attorneys. political point of view,” could not qualify as review this issue now.” a charitable organization exempt from The state of Texas initially declined In 2001, Associate Nicole Berner Illinois sales and use tax. In September, to file an opposition to the petition for represented the DKT Liberty Project in an a Cook County Circuit Court Judge ruled certiorari. On Sept. 18, however, the amicus brief filed in support of an 18-year- that the Department’s refusal to recognize Court issued an order calling for a old, developmentally disabled gay man in the exemption was clearly erroneous, stat- response from the state–indicating Kansas who was sentenced to 17 years in ing that such position “has never been the that at least some of the Justices are prison for having consensual oral sex with law of Illinois, nor is such a categorical giving this petition close scrutiny.