On The Docket The audacity to fight for justice. The perseverance to win.
FALL 2011
INSIDE THIS ISSUE:
NCLR Makes Progress at the Federal Level Pages 3
Early pioneers in the Lesbian Rights Project (later renamed the National Center for Lesbian Rights). Front row: Donna Hitchens and Marian Chapman. Back row: Teresa Friend, Pam Liberty, Linda Barr, and Roberta Achtenberg. NCLR: Celebrating 35 Years of Making History It was the 1970s, and anti-LGBT sentiments were rampant. But armed with a law degree and a commitment for wrongful death of a loved one after her partner, to justice, NCLR founder Donna Hitchens set out Diane Alexis Whipple, was mauled to death by their Jennifer and Ellyn: to create an organization that would push the neighbors’ dogs in 2001. We won the right for Sharon A Love Story boundaries of the LGBT equality movement, fighting to be legally recognized as Diane’s surviving partner, Page 4 alongside courageous women and men challenging making history with her. discrimination. Then there was Michael Kantaras’ case for custody of In just a few weeks, NCLR will begin celebrating its his children—another landmark case that attracted 35th year—a milestone in a history that connects the worldwide media attention. We stood with him during lives of thousands of people, whose courage to stand his 2002 trial in which he sought—and won—shared up for justice has profoundly shaped the legal and custody of his children, despite his wife’s attempt political landscape for all. to sever his parental rights simply because he is a transgender man. They’re people like Denise Kreps, who in the early 1980s stood up against workplace discrimination at NCLR has always been on the cutting edge of legal a time when few had the audacity, taking on—and and social issues, whether it’s through history-making winning—a case against a Northern California sheriff’s cases or setting the course toward equality through NCLR Case Prompts department that refused to hire her because she was our innovative projects. We were the first national Change to Federal a lesbian. LGBT legal organization to launch a project for LGBT Prisons Policy youth in the mental health system, schools, foster Or Rebecca Smith and Annie Affleck, a lesbian couple Page 6 care, and juvenile detention. who refused to give up when their petition to jointly adopt their foster daughter was initially denied, We were the first to create permanent projects for and who obtained one of the first same-sex joint same-sex bi-national couples and LGBT asylum adoptions in the country in the late 1980s. seekers, LGBT elders, transgender people, LGBT farmworkers, low-income LGBT people seeking Their joint adoption took on even more meaning in services from legal aid organizations, and even LGBT 1991, when Annie died of cancer. If Annie had been athletes and coaches. the sole legal parent, Rebecca might have lost not only her life partner, but her daughter as well. There’s no doubt we’ve come a long way in the movement for LGBT equality, and as we look toward Or Artie Wallace, a gay father who fought for custody the future, we’ll continue to be there—fighting of his son after his ex-wife kidnapped the boy in the alongside courageous individuals, families, and NCLR Timeline: Making late 1980s, winning one of the country’s first custody communities to achieve victory. History for 35 Years battles for a parent with AIDS. Read about NCLR’s history and founder at Page 12 Or Sharon Smith, who fought to be permitted to sue NCLRights.org/DonnaHitchens.
NCLR Timeline—Continued On Page 12 NCLRights.org
Reflecting On Courageous Men and Women Who Made History
Denise Kreps. She was a lesbian fighting to be DNA, making LGBT history through their a county sheriff. commitment to justice, and setting a course for us to celebrate a major milestone in just Annie Affleck and Rebecca Smith. They were over a month—35 years of service to our a couple wanting nothing more than to be community. parents, and to adopt a child together. All of these names, and countless others Artie Wallace. He was a gay HIV-positive over the years, belong to amazing individuals father battling for custody of his son after his who stood up and said: “No more.” You have ex-wife kidnapped the young boy. helped us be their champion and give them a Vanessa Adams. She stood up to the Federal voice. You are why we are here, and how we Bureau of Prisons when it denied her medical make a difference. treatment for her gender dysphoria. As we approach our 35th anniversary, we Mary Ward. She fought back after a judge reflect on where we have been, what we have took away her daughter because she was a done, and the justice that we hope and dream lesbian, and gave her daughter to her ex- of achieving in the future. husband, who spent eight years in prison for We have been in every state, and stood by killing his first wife. photo by Jeff Singer by photo photo by Jeff Singer by photo thousands as they fought for justice. We have Fernando. He had the courage to flee altered the landscape for every LGBT person a message from Honduras alone after suffering years of in the nation. And we dream of a day where EXECUTIVE DIRECTOR torment and violence, seeking asylum in the the phone does not ring, or our email inbox United States. KATE KENDELL sits empty because no LGBT person suffers stigma and loss of hope because of who they Ebonie. Tired of being called “it” and “he/she” are. Your support will help us realize that in school, she—along with five other students dream. at one Minnesota school district—pushed back, challenging their school officials for not In solidarity, doing enough to stop anti-LGBT bullying.
These are some of the people whose fierce determination is woven into NCLR’s
BOARD OF DIRECTORS Joshua Delgado Cathy Sakimura, Esq. NATIONAL ADVISORY BOARD Angela Berry Senior Legal & Project Assistant Staff Attorney & Family Protection Project Kate Clinton - NY Tamika Butler, Esq. Iain Finlay Director Fiona Martin - CO Christopher Stoll, Esq. Stacey Camillo, J.D. - Co-Chair Manager of Finance & Administration Yesenia Leon - FL Senior Staff Attorney Elizabeth Deeley, Esq. Muna Hawatmeh Deborah Ortega, Ph.D. - CO Ilona Turner, Esq. Erin Dominguez, Esq. Legal Assistant Barbara Russo - NY Staff Attorney Emily Doskow, Esq. Kris Hermanns Eileen Scallen, Esq. - MN Deputy Director Jaan Williams Dorothy Fernandez, Esq. - Co-Chair Policy Assistant Jill Schlesinger – NY Melissa Higuchi Thelma Garza, J.D. Amy Whelan, Esq. Sarah M. Schmidt, Psy.D. – IL Senior Development Assistant Kate Kendell, Esq. - Executive Director Senior Staff Attorney Kate Kendell, Esq. NATIONAL ADVISORY COUNCIL Kelly McCown, Esq. Ming Wong, Esq. Executive Director Roberta Achtenberg, Esq. - CA Leigh Morgan Law Clerk Carol Alpert - NY Michelle Ortiz Jody Marksamer, Esq. Dena Zaldúa-Hilkene Staff Attorney & Youth Project Director Susan A. Gore - TX Maya Philipson Assistant Director of Development Shannon Price Minter, Esq. Joyce Hunter - NY Minna Tao Legal Director CLERKS Phyllis Lyon - CA STAFF Erik Olvera 2011 Fall Clerks Lory Masters - TX Jennifer Barth Director of Communications Toby Adams Raquel Matas, Esq. - FL Office Manager Eleanor Palacios Sharon Alkire Nancy Polikoff, Esq. - D.C. Leanna Blankenship Events Manager Alyssa Babin Ruthann Robson, Esq. - NY Data & Development Systems Manager Daniel Redman, Esq. Irene Ross Abby R. Rubenfeld, Esq. - TN Noemi Calonje Del Martin Memorial LGBT Elder Health Policy Fellow Carmen Vazquez - NY Immigration Project Director Advocacy Initiative Jacqueline Miller Helen J. Carroll Melanie Rowen, Esq. Sports Project Director Staff Attorney Azael Chávez Laría Maya Rupert, Esq. Project Assistant Federal Policy Director
2 On The Docket | FALL 2011 NCLR Continues Making Progress Through News & Announcements Federal Policy Send Us Your Photos! We’re celebrating the NCLR 35th Anniversary Celebration, set for May 5, 2012 in San Francisco, with photos of you—the people who have stood by us, and stood with us for 35 years.
Our work to change the legal landscape for all lesbian, gay, bisexual, and transgender people in this country wouldn’t be possible without you.
Through March 31, 2012, we would like you to submit your pictures—your portraits, snapshots, and special moments—with a homemade Since last April, there have been many exciting opportunities for us to make poster or sign in which you fill in the sentence, “I am NCLR, and I am …” telling us how you reflect our significant changes at the federal policy level, and we’ve been thrilled to groundbreaking work. work with President Obama’s administration to increase protection and Read more about the campaign at opportunities for LGBT people and families. NCLRights.org/IamNCLR.
NCLR continues to play a lead role nearly every hospital in the country in federal housing policy with the to protect the visitation and medical Stay Up-To-Date with NCLR! Department of Housing and Urban decision-making rights of LGBT NCLR is committed to fighting for your rights, and Development (HUD), including: patients and their families. keeping you informed of all the legal decisions and key policies that impact your lives, as well as the lives • Assisting in the development of a • Partnering with the National Women’s of your family and friends.
groundbreaking equal access rule that Law Center and the Law Students As always, our legal team provides you with will protect many more LGBT people for Reproductive Justice to educate comprehensive analysis of important legal against housing discrimination. policymakers about reproductive developments, breaking down and interpreting complicated issues for you, and, in the process, justice and the LGBT community. • Training senior HUD staff on housing answering your questions about how issues affect your lives. discrimination and domestic violence We have also been outraged by the in the LGBT community and issues recent spate of violence against Log on, sign up for our email list, and stay tuned-in to all of our latest work and LGBT news. affecting the transgender community. the LGBT community, particularly • Representing the interests of LGBT transgender women of color in NCLRights.org people in an exclusive roundtable Washington D.C. We have taken action Facebook.com/NCLRights meeting with Secretary Shaun on this issue by: Twitter.com/NCLRights Donovan and other HUD leadership • Collaborating with the White House and in a day-long convening on HUD Council for Women and Girls to ensure priorities. that all relevant federal agencies are Support NCLR Through eScrip! • Co-hosting a summit on housing educated about violence against Looking to support the National Center for Lesbian Rights in even more ways? Have a fixed budget issues for LGBT elders with HUD and transgender women and working to with no wiggle room? Want to get the merchants at stop it. the Department of Health and Human which you shop to donate to NCLR too? Services (HHS) this coming December. • Working with the D.C. Mayor’s Office All you have to do is register your credit/debit cards NCLR has also been busy working with to require local law enforcement to and ATM cards with eScrip—then any time you use one of them to shop with a participating merchant, address violence against LGBT people. HHS and others to ensure equal access the merchant will donate up to 8% of the purchase to high quality health care for LGBT amount to NCLR. • Providing compelling analyses about patients and their families, including: how to stop this violence in high- Sign up at www.eScrip.com to make all your regular purchases at over 150 merchants go to work for NCLR. • Ensuring that regulations implementing profile publications including The the Patient Protection and Affordable Huffington Post and The Root. Care Act will include non-discrimination • Working with the Department of protections for LGBT patients. NCLR’s group name: Justice (DOJ) to educate DOJ staffers “National Center for Lesbian Rights” or “NCLR.” • Leading the charge on successful on this issue and develop best NCLR’s group identification number: 500022336. efforts to encourage HHS to adopt practices for prosecuting hate violence unprecedented rules that require against LGBT people. 3 NCLRights.org
Album Ellyn (left) and Jennifer (right) on their wedding day in 2006. Below, photos of Ellyn and Jennifer from their personal photo album.
4 On The Docket | FALL 2011
Jennifer and Ellyn: A Life Interrupted They had planned a family together. A baby. Maybe two. They’d spend hours talking about their future, often getting so lost in conversation at night they’d forget about the time until the sun was about to rise the next morning.
Sarah “Ellyn” Farley used to say she was would often make their way to the Foster things hard for Jennifer after she was gone. “courting” Jennifer Tobits—not just dating Beach along Lake Michigan for picnics. In an attempt to pacify her parents, and her, as she knew their connection would A year to the date after they met, Ellyn to protect Jennifer from them, Ellyn made lead them down the aisle. planned an elaborate marriage proposal. her parents the beneficiaries of her life A year into their relationship, Ellyn asked Jennifer didn’t know that Ellyn was going insurance policy, worth nearly half a million Jennifer to be her wife. The two soon to ask for her hand in marriage. All she dollars. traveled from their home in Chicago knew was that she was spending a day But it turns out Ellyn was correct that to Toronto for what Jennifer calls a with the woman with whom she wanted to her parents would make things difficult “methodically planned wedding that spend the rest of her life. anyway. When Ellyn was hospitalized was about our love and starting our life That day, Ellyn took her to five different during her final days, Jennifer contacted together.” places around Chicago, each of which had Ellyn’s parents. From the moment Ellyn’s Jennifer never could have imagined then played a significant role in their courtship. parents showed up at the hospital, their that only six years later, she’d find herself At each location, Ellyn presented Jennifer intimidation was relentless. where she is now—a widow at 37, in with a card that told her when she knew While Ellyn lay in her hospital bed, weak mourning, and fighting her in-laws, who she loved her, and how much she meant to and close to death, her father repeatedly have challenged their marriage and sought her, and that she knew she was the one. asked to see her will. He insisted that he control of Ellyn’s estate, as well as the Ellyn handed Jennifer the fifth card along and Ellyn’s mother take the bed in Ellyn’s death benefits provided by her employer. their favorite Lake Michigan beach where room and told Jennifer she could have a “How could I fathom something like this?” the two normally picnicked. It was already chair “for the time being.” asked Jennifer, who lost Ellyn in September dark out when Jennifer began to read the Ellyn’s parents also attempted to usurp 2010 after a four-year battle with an final letter, and Ellyn asked: “Will you marry Jennifer’s role as Ellyn’s chosen medical aggressive form of cancer that the two me?” decision maker. And hours before she died, fought together through the very last days Jennifer said yes. They decided to get they pressured Ellyn to name them the of Ellyn’s life. married in Canada, largely because Ellyn, beneficiaries of the profit-sharing plan at Jennifer, who is represented by the an attorney, wanted their marriage to her law firm. National Center for Lesbian Rights, be legal, and not tied up in the court Jennifer gets choked up when she thinks Jerner & Palmer, P.C., Lewis, Feinberg, system, as marriages of same-sex couples about the last five years. But she looks to Lee, Renaker & Jackson, P.C., Prather had been in the United States in several memories—and the time that she and Ellyn Ebner LLP, and Kirkland & Ellis LLP, is now regions. shared—for strength. defending her right to be recognized as Their wedding in Toronto was small, but Ellyn’s wife in two cases in separate states. She remembers the street fair. Their they celebrated their nuptials with an connection. Their late night talks. Sunday “No one should ever have to experience elaborate reception in Chicago. Sadly, beach days. The marriage proposal. the pain of watching the person they Ellyn’s mother directed her not to tell the love more than anything die, and then rest of her family. After their wedding, Ellyn Sometimes, she flips through a scrapbook immediately face hostility from their visited her doctor after experiencing some that chronicles their life together, and the loved one’s parents, who don’t want to blurred vision. The diagnosis: A rare form many cards Ellyn gave her. A handwritten acknowledge that their child was gay and of eye cancer known as ocular melanoma. card from Ellyn always stands out. Ellyn married,” said Jennifer, who works for a wrote it on February 17, 2010—their fourth Ellyn and Jennifer fought the cancer Chicago art restoration and preservation wedding anniversary, and seven months side-by side, spending countless hours gallery. before her death. researching and studying, trying to do She and Ellyn had several mutual friends, everything possible to find a cure for the It says: “Thank you for marrying me and for and for years, those friends suggested that disease, and praying the cancer wouldn’t staying married to me! I love you dearly. All they meet. But it wasn’t until an unplanned spread. my love, Ellyn.” meeting at a 2004 summer street fair But by late 2007, the cancer had in Chicago that the two set eyes on one metastasized, spreading to Ellyn’s liver—a another. Read a personal story written by Ellyn prognosis that no one before her had ever about her relationship and love for Jennifer Their connection was instant, beginning been known to survive. In early September at NCLRights.org/WithLoveEllyn. the courtship that brought out the 2010, Ellyn’s liver began to fail. Finally romantic in both of them. Sundays were acknowledging that she would soon die, Read more about the cases at their days to spend together, and the two Ellyn began fearing her parents would make NCLRights.org/JenniferandEllyn.
5 NCLRights.org NCLR’s Case Wins Major Change in Federal Bureau of Prisons Policy Thanks to NCLR client Vanessa Adams, the Federal Bureau of Prisons in September announced major changes to its transgender medical policy.
Adams, an inmate at FMC Butner in North Carolina, is a transgender woman who was forced to sue the Federal Bureau of Prisons (BOP) in order for her identity to be respected and to receive medically necessary treatments for her gender dysphoria. Adam’s challenge to BOP’s treatment of transgender prisoners has resulted in BOP ending its so-called “freeze frame” policy in which treatment for any transgender person is kept at the level provided at the time he or she entered the federal prison system.
In Adams’ case, this meant that because she had not received treatment for her gender dysphoria before being incarcerated, BOP’s argument that Adams’ claim was moot that “current, accepted standards of care will BOP refused to provide her with medically because BOP had finally started Adams on be used as a reference for developing the necessary care even though its own doctors hormone therapy. treatment plan.” confirmed that she is transgender and needed care. Citing BOP’s consistently callous conduct The memos have been distributed to all toward Adams, the fact that BOP could stop individuals in the prison system who have When the suit was filed on February 24, her treatment at any time, and that BOP did been diagnosed with gender dysphoria, as 2009, Adams was at a federal prison not disavow its policy, Judge Tauro sent the well as to the medical staff treating these in Florida. There she was being denied case to mediation. Under the settlement, the prisoners. medically necessary hormone therapy and parties jointly agreed to end the case. prevented from otherwise expressing a In addition to NCLR, Adams was represented female gender identity because she had The change in policy was outlined in two by Florida Institutional Legal Services (FILS), not received this treatment prior to her memos, dated May 31, 2011 and June 15, 2010, Gay and Lesbian Advocates and Defenders incarceration. In a June 7, 2010 ruling, Federal from BOP’s Medical Director to all BOP’s chief (GLAD), Bingham McCutchen LLP, and District Court Judge Joseph L. Tauro rejected executive officers. The memo also states Allyson Kurker.
NCLR Deputy Director to Lead Pride Foundation
Hermanns, who leads NCLR’s development will continue to inspire and guide the LGBT department as well as the organization’s community.” day-to-day operations, will join the Pride Before joining NCLR, Kris served as director Foundation, based in Seattle, Washington, in of special funds and was a program officer January 2012, replacing outgoing Executive with The Rhode Island Foundation, which Director Audrey Haberman. is comprised of more than 850 individual “When Kris first started as our development funds. There she created Equity Action, a director, she told me she could make a two field-of-interest fund for LGBT concerns, and year commitment,” said NCLR Executive developed the grantmaking program for the Director Kate Kendell. “The fact that we have Women’s Fund of Rhode Island. benefited from her leadership, skills, and Prior to the Rhode Island Foundation, she commitment for six years has to leave me worked for Brown University’s Howard R. feeling more lucky than disappointed. Kris Current NCLR Deputy Director Kris Hermanns Swearer Center for Public Service, which has been an incredible and invaluable asset builds links between the university and local NCLR Deputy Director Kris Hermanns will to NCLR, and NCLR is a better organization nonprofits by developing partnerships that be leaving the organization after six years because of her. Clearly, we know why the address community-identified needs. to become the executive director of a Pride Foundation wants her—she’s truly one foundation that funds LGBT nonprofits in the of the best. And while we’re sad to see her Learn more about the open deputy Pacific Northwest. go, we’re happy that her visionary leadership director position at NCLRights.org/DeputyDirectorSearch. 6 On The Docket | FALL 2011 NCLR Active Cases
U.S. SUPREME COURT to Texas and tried to challenge the California organizations from around the country, wrote rulings there, but the Texas court denied an amicus brief, and Wilson Sonsini Goodrich Christian Legal Society v. Wu Kristina’s petition. Charisma is represented pro & Rosati assisted with the brief pro bono. New Victory! | California bono by Deborah Wald, with assistance from York’s highest court, the Court of Appeals, Like many public schools, the University NCLR. In Texas, Charisma was represented held on May 4, 2010 that Debra is a legal of California - Hastings College of the Law pro bono by Debra Hunt and Connie Moore. parent because New York must recognize the requires funded student groups to comply Charisma was previously represented by Vermont civil union for purposes of determining with Hastings’ policy on non-discrimination. In Amy Rose of Squire Sanders & Dempsey, LLP, parentage, but said that without a civil union 2004, the Christian Legal Society (CLS) filed a Amanda List, Algera Tucker, and Rachel Catt. or marriage, non-adoptive and non-biological lawsuit arguing that the policy violated its First parents cannot seek custody or visitation. Amendment right to discriminate against LGBT Ex Parte A.R.R. and non-Christian students. NCLR and Paul Pending | Puerto Rico Karen Atala Riffo v. Chile Pending | Inter-American Smith of Jenner & Block LLP, represented Outlaw, A.R.R. and C.C.V. are a lesbian couple who have Commission on Human Rights the LGBT student group at Hastings, which been together for more than twenty years. intervened to defend the University’s policy. On They had a child together through assisted On May 31, 2004, a Chilean court ordered June 28, 2010, the United States Supreme Court reproduction, and have raised their daughter Karen Atala, a judge in Chile, to relinquish held that colleges and universities can enforce together. A lower court held that Puerto Rico’s custody of her three children to her estranged non-discrimination policies, thereby ensuring adoption statute did not permit the couple to husband because she is a lesbian living with that schools across the country can continue to obtain a second-parent adoption to protect her partner. The Inter-American Commission protect LGBT students. A.R.R.’s relationship with their daughter. on Human Rights (the Commission) in Washington, D.C. determined in 2009 that Doe v. Reed NCLR and the ACLU of Puerto Rico filed Chile “violated Karen Atala’s right to live free Victory! | Washington State an amicus brief with the Puerto Rico from discrimination” when it revoked Atala’s Supreme Court arguing that the statute Anti-gay groups asked the U.S. Supreme Court custody. The case is pending before the Inter- discriminates against same-sex couples and to overturn a court order disclosing the names American Court of Human Rights in Costa unconstitutionally disadvantages children with of individuals who signed petitions supporting Rica to determine Chile’s liability under the unmarried same-sex parents by denying them an anti-gay ballot initiative in Washington State. American Convention of Human Rights. NCLR a legal relationship with both their parents. NCLR, Lambda Legal, Gay & Lesbian Advocates and numerous other organizations filed amicus & Defenders (GLAD), the Human Rights briefs in support of Atala, written by Morrison Florida Department of Children Campaign, and the National Gay and Lesbian and Foerster LLP. Task Force filed an amicus brief defending and Families v. M.J.H. open government laws—which typically require Victory! | Florida Adar v. Smith public disclosure of individuals who support V.A., a lesbian who lives in Florida with her Loss | Louisiana state ballot initiatives. The brief powerfully partner, has been raising a baby boy, E.L.A.—a Oren Adar and Mickey Smith adopted their refuted the false claim that people who support relative of V.A.’s—since nine days after he son, who was born in Louisiana, in 2006 in New anti-gay initiatives have been intimidated and was born. She applied to adopt E.L.A., but York. The Louisiana State Registrar refused to harassed, showing that instead, it is LGBT the state withheld its consent solely because issue an amended birth certificate reflecting people who suffer serious violence, harassment, Florida law prohibited “homosexuals” from the adopted parents’ names even though and discrimination. On June 24, 2010, the United adopting. The trial court granted the adoption, Louisiana law requires the Registrar to provide States Supreme Court rejected the anti-gay holding that the adoption ban violates Florida’s amended birth certificates to all adopted groups’ challenge to the disclosure requirement. Constitution and the state appealed. With pro children. Lambda Legal filed suit on behalf of bono help from Cristina Alonso at the law firm parents Adar and Smith. A three-judge panel of Carlton Fields, NCLR submitted an amicus PARENTING of the Fifth Circuit Court of Appeals affirmed brief to the Court of Appeal arguing that the the lower court, finding that the Registrar had Charisma R. v. Kristina S. ban is unconstitutional. On October 28, 2010, to issue the family an amended birth certificate. Victory! | California and Texas the Court of Appeals affirmed the trial court’s On April 12, 2011, the full Fifth Circuit reversed, decision allowing V.A.to adopt E.L.A. After being together for six years, Charisma R. holding that the Registrar could refuse to issue accurate birth certificates only to children and Kristina S. had a child. Kristina gave birth in Debra H. v. Janice R. 2003, and Charisma was the primary caretaker. adopted by unmarried parents. Lambda Legal Partial Victory | New York When their child was only a few months old, asked the U.S. Supreme Court to review the Kristina abruptly separated from Charisma, Debra H. and Janice R. were a same-sex case, and NCLR and Dewey & LeBoeuf LLP taking the child with her. After several years of couple living in New York who planned to filed an amicus brief on behalf of professors of litigation and appeals, in 2006, the California have a child together and entered a Vermont family law, constitutional law, and conflict of Family Court held that Charisma is a legal civil union. After Janice gave birth, Debra and laws and drafters of uniform laws, urging the parent and awarded her visitation. The Court Janice parented the child together for over two Supreme Court to review the case. On October of Appeal upheld this decision, and the U.S. years. After the couple separated, Janice cut 11, 2011, the Court decided not to review the Supreme Court refused review. Kristina moved off contact. NCLR, joined by LGBT advocacy case. 7 NCLRights.org
Latham v. Schwerdtfeger Board of Elections stopped them, ruling that the ELDER LAW D.C. Human Rights Act does not permit minority Victory! | Nebraska Greene v. County of Sonoma et al. rights to be up to a popular vote. The District’s Victory! | California Teri and Susan were a same-sex couple who highest court upheld that ruling on July 15, 2010. had a child together. Susan gave birth to their The initiative’s backers asked the U.S. Supreme Clay Greene and Harold Scull lived together for son, who they raised together. After the parents Court to review the decision, but on January 18, 20 years. They had executed mutual powers of separated when their son was five, they co- 2011, the Supreme Court denied their request— attorney for medical and financial decisions and parented for several years, until Susan began thereby ensuring that same-sex couples will had wills naming each other as beneficiaries. reducing Teri’s visitation time and stopped continue to have the right to marry in D.C. In April 2008, County employees separated allowing any contact in late 2009. Teri asked the couple after Scull fell outside their home. the court for shared custody and visitation as Perry v. Schwarzenegger County officials then ignored the couple’s legal a person in loco parentis (a person acting as Victory! Appeal Pending | California documentation, unlawfully auctioned their possessions, terminated their lease, and forced a parent), but the court dismissed her case. On May 22, 2009, two same-sex couples filed Greene into an assisted living facility against his NCLR filed an amicus brief arguing that Teri suit in federal court challenging Proposition 8, will. In August, 2008, before the partners could should be permitted to seek shared custody which amended the California Constitution to be reunited, Scull passed away. In August, 2009, and visitation, represented by Kelle Westland of strip the right to marry from same-sex couples. Greene and the representative of Scull’s estate Raynor, Rensch & Pfeiffer. On August 26, 2011, On August 4, 2010, Judge Vaughn Walker filed a lawsuit against the County. The case the Nebraska Supreme Court ruled that Teri can ruled that Proposition 8 violates the federal settled on July 22, 2010. In addition to agreeing seek custody as a person in loco parentis. Constitution’s guarantees of due process to pay more than $600,000, the County has and equal protection. In early 2011, the Ninth changed or modified a number of important Circuit asked the California Supreme Court MARRIAGE & RELATIONSHIP RECOGNITION policies in its Public Guardian’s Office. NCLR to clarify whether California law gives ballot represented Greene and the estate of Scull Cozen O’Connor, P.C. v. Jennifer J. initiative sponsors the power to override the along with The Law Office of Anne N. Dennis Tobits, et al. and Estate of litigation decisions of the state’s Attorney and Stephen O’Neill and Margaret Flynn of Sarah Ellyn Farley General and Governor not to pursue an appeal. Tarkington, O’Neill, Barrack & Chong. Pending | Pennsylvania & Illinois The California Supreme Court heard oral argument on that question on September 6, Jennifer Tobits lost her wife, Sarah “Ellyn” Jamie Wyatt 2011. Additionally, on April 25, 2011, Proposition Farley, to cancer in 2010. After Ellyn’s death, Victory! | Federal 8’s sponsors filed a motion seeking to vacate Ellyn’s parents challenged their marriage, Judge Walker’s decision, arguing that because NCLR client Jamie Wyatt applied for Medicare seeking control of Ellyn’s estate in Illinois and he is gay and in a long-term relationship, he Part A and qualified for coverage. Because she directing Ellyn’s employer, a law firm based was unfairly biased. District Court Judge James is a transgender woman, the Social Security in Pennsylvania, to pay her death benefits to Ware ruled on June 14, 2011 that it would be Administration delayed her benefits for months them rather than to Jennifer. In Illinois, Jennifer, improper to bar all gay judges from deciding while it debated whether it would recognize represented by NCLR, Prather Ebner LLP, and cases that affect LGBT rights. NCLR, the ACLU, her pre-transition marriage for purposes of Kirkland & Ellis LLP, successfully argued before and Lambda Legal have filed amicus briefs qualifying for benefits. During the delay, Ms. the probate court that she is Ellyn’s heir based on throughout the litigation and the appeal. Wyatt had to pay over $300 per month out their marriage. In Pennsylvania, Ellyn’s law firm of her fixed income. NCLR advocated on her filed suit in federal court to determine whether Reynolds and McKinley behalf with Medicare officials, arguing that Jennifer is entitled to Ellyn’s benefits under the Pending | Cherokee Nation Ms. Wyatt clearly qualified for benefits, her terms of the firm’s benefits plan. NCLR, with marriage should be recognized, and that NCLR represents Kathy Reynolds and Dawn Jerner & Palmer, P.C., and Lewis, Feinberg, Lee, she deserved both premium-free Medicare McKinley, a same-sex couple who are members Renaker & Jackson P.C., represents Jennifer in and a full reimbursement of the money she of the Cherokee Nation. In May 2004, Reynolds the case, which is pending before the U.S. District paid. In February 2011, the Social Security and McKinley obtained a marriage certificate Court for the Eastern District of Pennsylvania. Administration awarded the benefits. from the Cherokee Nation and married shortly Jackson v. D.C. Board of Elections thereafter. The next month, another member and Ethics of the Cherokee Nation sought to invalidate ANTI-DISCRIMINATION Reynolds and McKinley’s marriage in court. Victory! | Washington, D.C. Ghiotto v. City of San Diego NCLR successfully defended Reynolds and Partial Victory | California NCLR is part of the Campaign for All D.C. McKinley before the Cherokee high court. In Families, a diverse coalition working to achieve December 2005, the high court dismissed After being ordered to drive a fire engine in marriage equality for same-sex couples in a second challenge to their marriage. In the 2007 San Diego LGBT Pride Parade as the District of Columbia. Covington & Burling January 2006, the Court Administrator, who paid employees, a group of firefighters sued represents the Campaign. In 2009, the D.C. is responsible for recording marriage licenses, the City for sexual harassment and violation City Council passed a law permitting same-sex filed a third lawsuit challenging the validity of of their rights to free speech because they couples to marry. Mayor Adrian Fenty signed the marriage. NCLR is now defending Reynolds objected to the message of inclusion and the measure, which took effect on March 3, and McKinley’s marriage against this third support for LGBT rights. The firefighters 2010. Anti-gay groups tried to put the new D.C. challenge. NCLR asked the court to dismiss the lost on their freedom of speech claim but marriage law to a popular vote, but the D.C. case and is waiting for a ruling. prevailed on the sexual harassment claim in 8 On The Docket | FALL 2011 the trial court. NCLR filed an amicus curiae The predominantly white panel voted that applied for services to help him around his brief in the California Court of Appeal to Steven, LaRon, and Jon—all bisexual men of home, but was denied those services after he defend the importance of Pride parades color—were not gay, but that the other two came out as transgender. NCLR represented and to make clear that public employees players, both white—one of whom had given him in his appeal and won full benefits for him. do not have a constitutional right to refuse the same answers as Jon—were gay. The needed emergency services to LGBT people committee therefore took away their team’s or to refuse to participate as representatives second-place win. After the league refused to YOUTH of the city to promote goodwill between change its rules, NCLR and Suzanne Thomas In re D.B. city departments and the LGBT residents and Peter Talevich of K & L Gates LLP filed Victory! | Ohio they serve. On October 14, 2010, the Court a lawsuit in federal court on behalf of the In Ohio, a 12-year-old boy was charged and of Appeal affirmed the trial court’s ruling three players. On May 31, 2011, the Court prosecuted for statutory rape—a first degree rejecting the firefighters’ free speech claims, ruled that NAGAAA is subject to Washington felony—for intimate conduct with an 11-year- but upheld the judgment against the city on anti-discrimination laws as a “place of public old male friend. After finding that D.B. and his the sexual harassment claims. accommodation.” Trial is set for December 2011. friend had engaged in voluntary conduct, the Doe v. Jindal court sentenced D.B. to indefinite probation, Pending | Louisiana prohibited him from any contact with his TRANSGENDER LAW friend, and ordered that he attend counseling In Louisiana, people accused of solicitation of and group therapy for sex offenders. If he oral or anal sex for money can be criminally Adams v. Federal Bureau of Prisons violated any of these conditions, he could charged under the Crimes Against Nature by et al. be incarcerated until age 21. NCLR, the Solicitation (CANS) statute. Prior to August Victory! | Massachusetts National Juvenile Defender Center, and 2011, a CANS conviction subjected people to Vanessa Adams is a transgender woman who the Juvenile Law Center filed an amicus far harsher penalties than conviction under was diagnosed by Federal Bureau of Prison brief in August of 2010 arguing that it was the general prostitution statute, including (BOP) medical professionals with gender unconstitutional to apply this law to a child mandatory sex offender registration. In dysphoria in 2005 while she was incarcerated under 13—a member of the very class the law February 2011, the Center for Constitutional in a BOP prison. Over the next few years, she was designed to protect. The brief argued Rights filed a federal lawsuit on behalf of made at least 19 written requests asking for that giving prosecutors discretion to bring nine individuals who had to register as sex medical treatment for her gender dysphoria, such charges was unfair and could be used to offenders after being convicted under CANS, which the BOP denied based on its “freeze target youth who are perceived as gay. The arguing that the discriminatory registration frame” policy in which treatment for any brief also argued that the consequences of requirement is unconstitutional. On June 21, person with gender dysphoria is kept at the a conviction as a sex offender are severely 2011, NCLR, the Sylvia Rivera Law Project, level provided at the time he or she entered disproportionate to the conduct. On June Lambda Legal, and Breakout!, a project of BOP custody. Because Adams had not 8, 2011, in a unanimous decision, the Ohio the Juvenile Justice Project of Louisiana, filed received treatment for her gender dysphoria Supreme Court agreed that the law was an amicus brief in support of the plaintiffs. before being incarcerated, BOP would not unconstitutional as applied to any child under On September 7, 2011, the court denied treat her for it. As a result, she attempted 13, and reversed D.B.’s conviction. defendants’ motion to dismiss in part, and suicide multiple times and engaged in other granted it in part. The case is currently in Doe v. Anoka-Hennepin School avenues of self-treatment. In February active litigation. District and E.R. v. Anoka-Hennepin 2009, NCLR, Gay and Lesbian Advocates and Defenders, Florida Institutional Legal School District Pending | Minnesota SPORTS Services, and Bingham McCutchen LLP filed a lawsuit against the BOP on Adams’ Apilado v. North American Gay NCLR represents a group of current and behalf. On September 29, 2011, the parties former students from the Anoka-Hennepin Amateur Athletic Alliance reached a settlement, in which BOP agreed School District in Minnesota who experienced Pending | Washington State to end its gender dysphoria “freeze frame” pervasive verbal and physical harassment NCLR clients Steven Apilado, LaRon Charles, policy. Instead, individuals in BOP custody based on their actual or perceived sexual and Jon Russ had played in the San Francisco nationwide will receive an individualized orientation or gender expression. On July Gay Softball League and attended the Gay assessment and treatment plan based on 21, 2011, we filed suit against the district and Softball World Series with their team, D2, for current accepted standards of care for gender school officials on behalf of five students in years. At the 2008 World Series in Seattle, dysphoria. BOP also agreed to provide Adams federal court. The lawsuit asserts that the they made it to the championship game for with appropriate treatment for her gender district’s policies—including a policy that the first time, but another team challenged dysphoria, including hormone therapy and prevents teachers and other staff from talking D2’s eligibility based on a rule limiting each other medically necessary care. about LGBT people—and its failure to protect team to no more than two straight players. LGBT students from harassment violated In a hearing, five D2 players were forced to In re M. the students’ rights under the United States state whether they were “predominantly Victory! | California Constitution, Title IX, and the Minnesota attracted to men” or “predominantly M. is a transgender man with physical Human Rights Act. On August 9, 2011, NCLR attracted to women,” without the option of disabilities that prevent him from cleaning, filed an additional lawsuit on behalf of a answering that they were attracted to both. preparing food, and other life activities. He sixth student. Our co-counsel in the case are 9 NCLRights.org
the Southern Poverty Law Center (SPLC), October 13, 2011, that it had settled the case, In re P.T. Faegre and Benson LLP, and Culberth and with the school district agreeing to halt all Victory! | Mexico Lienemann, LLP. The case is currently in sex-segregated classes through the 2016-17 P. T. is a transgender woman from Mexico. settlement discussions under the supervision school year. Due to her feminine appearance and behavior, of the magistrate judge. she was verbally and physically abused at home, in school, and out on the streets. Her Shelton v. Anoka-Hennepin School IMMIGRATION District stepfather also sexually abused her for years In re Maria G. and her mother did nothing to protect her. In Victory! | Minnesota Pending | Mexico high school, male students constantly beat and Desiree “Dez” Shelton and Sarah Lindstrom harassed her. When she confronted her mother Maria G. is a lesbian from Guerrero, Mexico who were girlfriends and seniors at Champlin as an adult about the sexual abuse she had suffered constant verbal and physical abuse Park High School in the Anoka-Hennepin suffered, her mother became very angry and by her father and male siblings because of her School District, north of Minneapolis. They told her she never wanted to see her again. She gender non-conformity and perceived sexual were elected by their classmates to the royal fled to the United States in September 2002. orientation. In one incident, at the age of 8 or court for their school’s winter formal dance in Upon arriving to the U.S., she entered an abusive 9, her father threw her against the wall so hard January 2011 and they planned to walk together relationship that lasted many years. She was that she lost consciousness. As she grew older, in the procession just like any other couple. constantly belittled, isolated, and beaten. She school mates, relatives, strangers, and gang Days before the event, school officials told the found support at the Tom Waddell Clinic. NCLR members verbally and physically abused her girls that they could not walk together because submitted her asylum application in January as well. In one vicious attack, gang members other students might be “uncomfortable.” 2011 and her asylum was granted August 2011. stabbed her after being ordered to “get rid NCLR, the Southern Poverty Law Center, and of the dyke in town.” After this horrendous the Minnesota law firm of Faegre & Benson In re Izel R. attack, Maria G. fled to the United States. In the LLP sent a demand letter outlining the district’s Victory! | Mexico U.S., Maria was at a party with her partner and violations of the girls’ rights under the First friends when a stranger started harassing her Izel, a transgender woman, faced constant Amendment, the Equal Protection Clause, and girlfriend. To avoid further problems, they left discrimination, harassment, and violence the Minnesota Human Rights Act. When the the party but were followed by the man and his because of her gender identity and sexual district would not change its decision, NCLR friends, who attacked Maria outside. The police orientation. From a very young age, she was and our co-counsel filed an emergency petition then arrested Maria and her attackers. Although rejected at home and school because she did asking the court to order the school to allow she was the victim and no charges were filed not behave like a typical boy and suffered the girls to participate as a couple at the event. against her, ICE picked her up and detained verbal, physical, and sexual abuse. She was once The judge scheduled a mediation the next day, her. She was released under the Intensive jailed by the police because someone accused during which the district agreed to allow Dez Supervision Appearance Program and was her of stealing a dress that she had simply and Sarah, and any other same-sex couple, to referred to Immigration Court. NCLR helped touched. She was only around 11 years old, yet walk together in the procession. her apply for asylum in February 2010 and her was put in a cell with adult males who harassed hearing is scheduled for December 2011. her. When her sister came to pay her bond, the Doe v. Vermilion Parish School officers did not want to release her. Her sister Board In re Fernando had to plead with the chief of police to release Settled | Louisiana Victory! | Honduras her. As she grew older, the abuse and violence increased. When her father attempted to kill In the fall of 2009, the Rene A. Rost Middle Fernando is a young gay man from Honduras. her with his machete, Izel fled to the United School in Vermilion Parish, Louisiana His first memories of his life are of relatives States. In 2010, she found the El/La Para Trans implemented mandatory sex-segregated calling him derogatory names. His mannerisms Latinas program in San Francisco and found classes, without offering equivalent co-ed made him an easy target at school where he the support there that she had never before classes. The ACLU sued the school district, was isolated, humiliated, and beaten. When received. El/La referred her to the Tom Waddell arguing that the mandatory single-sex classes he was 11 years old, his mother moved to the Clinic where she started hormonal treatment. violated Title IX, the federal law against sex United States to earn money to support her NCLR helped her file an asylum application in discrimination in education. The district three children. After his mother left, Fernando January 2011 and it was granted in August 2011. court ruled for the school, and the plaintiffs was constantly beaten and belittled at home. appealed to the Fifth Circuit. NCLR joined an One evening, he witnessed several men In re V.R. amicus brief in support of the plaintiffs written savagely attack a gay man in his neighborhood. Victory! | Guatemala by the National Women’s Law Center and The police later told the victim he was beaten Morrison and Foerster LLP. The brief argued because he was a “fag.” Fernando fled to the V.R. is a Guatemalan gay man who was that the school’s mandatory sex-segregation United States in 2006. After four years in the relentlessly taunted as a child. As he grew older, policy discriminated against students based U.S., Fernando returned to Honduras because he was often isolated from his group of peers on sex and reinforced gender stereotypes. his grandmother was terribly ill. He remained and frequently beaten. V.R. studied to become a On April 6, 2011, the Fifth Circuit affirmed in Honduras for a short period of time and teacher, but when his parents started spreading the district court’s denial of a preliminary returned to the U.S. in February 2010 after rumors about his sexual identity, he was fired injunction but remanded the case to the experiencing more violence. NCLR filed his from his job. In 1995, he fled to the U.S. to seek district court for further consideration of asylum application in February 2011 and asylum refuge, but had to return in 2000 when his father plaintiffs’ claims. The ACLU announced on was granted in March 2011. fell gravely ill. Upon his return to Guatemala, 10 On The Docket | FALL 2011 he found that things had not changed in his Appeals granted the motion and remanded his She lived a life of poverty and since the age of country. He had several encounters where case back to the immigration court to restart eight helped her mother financially by selling the police refused to help him and his friends the asylum proceedings. homemade food, newspapers, and gum in because of their sexual orientation. While the streets of her hometown. The violence walking on the street one night, V.R. and his In re S.K. she encountered due to her gender identity friends were verbally harassed and savagely Victory! | Pakistan and sexual orientation forced her to flee her beaten by a group of men. V.R. fled to the United S.K. is a gay and HIV-positive Pakistani man. home and move closer to the border where States. In 2009, V.R. landed in ICE custody after Under Pakistani law, being gay is punishable she fended for herself for three years. When a police encounter. NCLR collaborated with by death. The Immigration Judge denied his her mother married a US citizen and applied the Lawyers’ Committee for Civil Rights’ pro application for asylum, holding that S.K., who for green card for all her children, Emily was bono attorney David Tsai in representing V.R. was in a committed relationship with a man able to enter the US as a permanent resident His asylum application was submitted in August in Minnesota, could avoid persecution by at the age of sixteen. After living in Southern 2009 and after two hearings, his asylum was hiding his sexual orientation and marrying a California for many years, Emily moved to San granted in July 2011. woman. The Immigration Judge also failed to Francisco in 1997. In 2010 she was arrested due recognize that S.K.’s traumatizing diagnosis to problems caused by being in an abusive In re G.R. of HIV understandably delayed his filing. The relationship and detained by ICE. Emily had Victory! | El Salvador Board of Immigration Appeals (BIA) originally been in detention at the Sacramento County Jail G.R. is a transgender woman from El Salvador upheld the Immigration Judge’s decision, and since May 2011 when her mother and brother who experienced serious verbal and physical S.K. appealed. After NCLR submitted an amicus called NCLR. They had exhausted all other abuse from her family and community. After her brief to the Eighth Circuit, that court asked means of obtaining legal representation as they father attempted to drown her, G.R. cut off all the BIA to clarify its decision. NCLR helped to did not have the means to pay for legal costs. communication with him. When she was 15, she organize other LGBT, HIV/AIDS, and immigrant- With the expertise of Chelsea Haley Nelson and became involved in youth groups through her rights groups to submit a joint amicus brief Cara Jobson, NCLR’s Immigration Project took church and obtained a religious visa to enter the to the BIA in July 2008. In May 2009, the BIA this case on as Emily’s last hope. An application United States. She attended high school in the remanded the case to the Immigration Judge for asylum and withholding of removal was U.S. and wanted to pursue a career in nursing. to reconsider the original ruling, instructing the submitted on her behalf in Immigration Court As she started presenting herself more as a judge to assume that S.K. would not hide the and Emily was granted withholding of removal female, it became harder and harder to obtain fact that he is gay. The hearing on remand is in September 2011. employment. She eventually became homeless currently scheduled for May 15, 2013. In re Carlos and, in late 2009, arrived in San Francisco. The El/La Program for Trans Latinas put her in touch Doe v. Gonzales Victory! | Mexico Victory! | Egypt with Lyon-Martin Health Services for hormonal Carlos is originally from Mexico and from a treatment, and she was later referred to NCLR John Doe, a gay man from Egypt, applied very young age was subjected to taunting, for legal help. NCLR helped her file for asylum in for asylum based on anti-gay persecution humiliations, beatings, and mistreatment by October 2010 and her asylum was approved in he suffered in Egypt, where gay men are relatives, schoolmates, and strangers. Although February 2011. frequently arrested and subjected to brutal he knew that he was gay, he married a woman physical mistreatment for private, consensual and became a father to two children so that J.G. v. Holder adult sexual conduct. The Immigration his relatives and his parents in particular would Victory! | Mexico Judge and Board of Immigration Appeals stop pressuring him. When he confessed the J.G. is a gay man from Mexico who suffered (BIA) denied his application. NCLR and the truth about his identity to his wife, his wife and repeated sexual and physical assaults because International Gay & Lesbian Human Rights her family threatened to kill him if he ever told of his sexual orientation. He fled to the United Commission filed an amicus brief with the anyone about his true feelings. He was told to States in 1999. In 2004, after a notario offered Third Circuit Court of Appeals in support of leave or bear the consequences. Carlos came to get him a work permit, J.G. found himself in Doe’s eligibility for withholding of removal and to the United States, where he became an an interview with an asylum officer. When the relief from removal under the U.N. Convention activist with young labor workers. He became officer asked him if he was gay, he admitted Against Torture. In December of 2007, the the spokesperson for tenants who were going that he was, but he was so unprepared and Third Circuit reversed the rejection of Doe’s to be unjustly evicted, and helped them win anxious that he did not mention the serious application for asylum and remanded the case their case. When the judge found in their favor, abuse he suffered in Mexico. His case was to the BIA to fully consider the relevant facts. the landlord threatened to call immigration. The court directed the BIA to consider whether then referred to the immigration court, and Within three days, Carlos was arrested on the treatment of gay citizens in Egypt has he found an attorney to represent him. That false charges and placed in detention. Without deteriorated since 2001. In March of 2010, Doe attorney failed to make several basic arguments legal representation or money to post bond, was granted withholding of removal. or introduce key evidence about his eligibility Carlos accepted voluntary departure to Mexico. for asylum, and then resigned from practicing After only a few days in Mexico, he suffered a In re Emily law without notifying J.G. He eventually found beating at the hands of police due to his sexual Victory! | Mexico his way to NCLR’s Immigration Project. NCLR orientation. Fearful, he returned to the United filed a motion to reopen his case based on the Emily is a transgender woman who suffered States. With the pro bono assistance of Chelsea ineffective assistance of his previous counsel. physical, verbal, and sexual abuse since a very Haley Nelson, Carlos was granted withholding On March 30, 2011, the Board of Immigration young age in her home country of Mexico. of removal in August 2011. 11 www.NCLRights.org
1970s NCLR Timeline: A Glance at History Contact Us tel 415.392.6257 1977 Lesbian Rights Project founded (re-named National Center for Lesbian Rights in 1989) fax 415.392.8442 1980 NCLR wins landmark victory in California for Denise Kreps, denied a job as county toll free 800.528.6257 sheriff because of her sexual orientation [email protected] www.NCLRights.org 1986 NCLR represents Annie Affleck and Rebecca Smith as they become one of the first same-sex couples to jointly adopt in the U.S. National Office 1987 NCLR wins one of the first second-parent adoption cases in the country and begins 870 Market Street promoting second-parent adoption as a legal strategy for protecting same-sex parent Suite 370 families San Francisco, CA 94102 1980s 1988 NCLR wins one of the nation’s first court custody battles for a parent with AIDS on behalf of Artie Wallace, a gay dad whose son was kidnapped by his ex-wife
1993 NCLR is the first national LGBT legal organization to launch a groundbreaking The National Center for Lesbian advocacy program on behalf of LGBT youth Rights is a national legal 1994 NCLR launches its Immigration Project, becoming the first national LGBT legal 1990s organization to do so organization committed to 1996 NCLR represents a lesbian mother in Florida in a precedent-setting case holding that advancing the civil and human courts must not base custody decisions on stereotypes about lesbian and gay parents rights of lesbian, gay, bisexual, 1999 NCLR is the first LGBT legal organization to launch a permanent Elder Law Project and transgender people and 2001 NCLR becomes the first national LGBT legal organization to launch a Transgender Law Project their families through litigation,
NCLR is the first national LGBT organization to tackle the rampant homophobia and public policy advocacy, and transphobia in sports with the launch of its Sports Project public education. NCLR wins a landmark wrongful death lawsuit on behalf of Sharon Smith against the owners of two vicious dogs who killed Sharon’s life partner, Diane Alexis Whipple
2002 NCLR represents Michael Kantaras, a transgender dad in Florida, in a landmark custody and divorce case televised on Court TV
2003 NCLR wins first school harassment case involving lesbian and gay students who were subjected to years of harassment
2005 NCLR wins the first round of the California marriage battle when the San Francisco 2000s Superior Court rules that excluding same-sex couples from the right to marry violates the California Constitution
2006 NCLR launches the Family Protection Project to improve access to family law services for low-income, same-sex parent families, with a focus on serving families of color
2007 In the first lawsuit to shine a spotlight on pervasive homophobia in women’s sports, NCLR represents Jennifer Harris, a former college basketball star, in a discrimination Printed using vegetable-oil based case against Penn State and former coach Rene Portland inks on 100% recycled paper with 100% post-consumer content. NCLR represents a gay couple in a landmark victory against an internet adoption business that discriminates against same-sex couples and single parents
NCLR and California Rural Legal Assistance launch another first-of-its-kind project, Proyecto Poderoso / Project Powerful, to improve legal services for low-income LGBT farm workers and people in rural California
2008 NCLR is lead counsel in the historic case in which the California Supreme Court rules the state can no longer exclude same-sex couples from marriage, including holding that LGBT people are entitled to the highest level of constitutional protection—the first time any high court has ever done so
2010 NCLR wins U.S. Supreme Court case upholding the right of colleges and universities to enforce non-discrimination policies that protect LGBT students
2011 NCLR client Vanessa Adams settles with Federal Bureau of Prisons, establishing major changes in transgender medical policy for those in federal facilities
Read NCLR’s Complete Timeline at NCLRights.org/NCLRTimeline.