On the Docket the Audacity to Fight for Justice
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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.