NATIONAL CENTER FOR RIGHTS 29TH ANNIVERSARY GALA DINNER DANCE MOSCONE CENTER WEST,

NEWSLETTER National Center for Lesbian Rights

WINTER 2005 NCLR Fights Three TABLES & TICKETS GO ON SALE IN JANUARY INSIDE: TABLES: $2,150 | $2,500 | $5,000 | $10,000 TICKETS: $215 Decades of Anti- NCLR’s Family Victories Page 3 Harassment at Penn State “No Alcohol, No Drugs, No ” – Penn State Coach Rene Portland to the Chicago Sun Times, 1986

2005 Gala: Thousands of guests fill Moscone Glenn Close, Grethe Cammermeyer and Kate Kendell Lena Ayoub and asylum clients Guinevere Turner and Jenni Olson College basketball coaches would be hard pressed “for Penn State to find a more desirable recruit than Jennifer Harris. to step up and put a stop to this Dazzling Gala Marks 28 Years of NCLR Excellence She graduated in 2003 from her Harrisburg, overtly illegal Pennsylvania high school as its leading scorer and activity once It was the hottest ticket in town and one of the Bay Area’s most more transformative, or more important. As we beat back the forces most highly decorated basketball player ever. A four and for all.” important nights of the year. On May 14, 2005, bolstered by a that would deny us liberty,” she continued, “we have a vision, and it is year National Honor-Society and President’s Doering sell-out crowd of 2,400 strong, The National Center for Lesbian nothing less than full dignity, protection and security for our lives and Academic Award recipient, the 6-foot guard was also explained that Rights celebrated 28 years of pivotal and precedent-setting legal our relationships.” named a McDonald’s, WBCA, Nike, USA Today the complaint to milestones for the entire LGBT community. For the seventh year in a The evening’s additional awardees included: and Blue Chip All American. Upon arriving at the Commission row, the Moscone Center and stellar Emcee, Kate Clinton, set the Ford Foundation • Guinevere Turner, actor and writer for the movie Go Fish, and the L- Penn State University in 2003, Harris became one is a prerequisite stage for another NCLR unforgettable gala filled with electric words, Honors NCLR’s Word, was presented with the Community Empowerment Award by of the team’s most outstanding assets. By the end of in Pennsylvania inspiring activism, and a packed dance-floor! film expert Jenni Olson. Minter Page 4 her sophomore season, she was among team leaders to taking legal in scoring, assists and steals. action. When Special tribute was paid to actress Glenn Close, for her 1995 portrayal • NCLR’s Legal Director, Shannon Price Minter, presented San Francisco the Commission of Col. Margarethe “Grethe” Cammermeyer, in the award-winning film, City Attorney, Dennis Herrera with the Equality Champion Award. Despite her exceptional performance on the court, Serving in Silence: The Margarethe Cammermeyer Story. On hand to rules, it will • Dallas County Sheriff, Lupe Valdez, received the Voice and Visibility Harris was subject to continuous and humiliating either force present Close with the award, Cammermeyer applauded her friend’s Award from San Francisco Deputy Policy Chief, Mindy Pengel. harassment from head women’s basketball coach Jen Harris on the court courage: “Glenn Close, at a very risky time in America, decided to play Penn State to • NCLR Board Member Betsy Allen and NCLR Asylum Project staff Rene Portland because of Harris’ race, gender, and take action against Portland, or give Harris the right an ostracized colonel who was challenging the military, which one did perceived sexual orientation. Portland repeatedly Noemi Calonje and Lena Ayoub presented NCLR Asylum Clients to file suit in the courts. not do. She took on that challenge and became our voice.” questioned Harris about her sexual orientation, Shinegerel, Vanessa, Luis, Mariella and Edit with the Justice Award. In one of the highlights of the event, keynote speaker and NCLR’s pressured her to be “more feminine,” and instructed Accusations against Portland for being anti-gay are NCLR wishes to thank once again the Gold Presenting Sponsors of the 2005 Gala other players not to associate with her. After Harris Executive Director, Kate Kendell, took the stage to a thunderous not new. In 1986, Portland told The Chicago Sun including: AAA, The Dorian Fund, and Wells Fargo. Presenting Sponsors included told Portland that she was a strong black woman ovation from the crowd. Times that she didn’t allow lesbians on her team. Bluer & Bluer, LLP; Elizabeth J. Cabraser, Lieff Cabraser Heimann & Bernstein and was unwilling to change her appearance, the And, according to Sports Illustrated, “Before the “It is clear to me,” she proclaimed, “that our work has never been LLP; Lesbian Equity Foundation, Kathy Levinson; and Jan Zivic. harassment intensified. At the end of the 2004 University adopted a policy in the early ‘90’s that season, Portland terminated Harris and two other prohibits discrimination based on sexual orientation, African American players from the team. Portland had gone on record about having a Contact Us National Office Florida Regional Office Washington, D.C. Regional Office no-lesbian policy.” Over the years, many of the NCLR is representing Harris, along with the law (415) 392-6257 [T] 870 Market Street, Suite 370 3170 3rd Ave. N 1325 Massachusetts Avenue NW players Portland has targeted for being gay were (415) 392-8442 [F] San Francisco, CA 94102 St. Petersburg, FL 33713 Suite 600 On the Docket— firm of Dangly Aronchick Segal & Pudlin. They also African American, revealing a disturbing and (800) 528-6257 (727) 490-4260 [T] Washington, D.C. 20005 Current NCLR have filed a complaint against Coach Portland, multi-layered pattern of discrimination. [email protected] (727) 490-4806 [F] Athletic Director Timothy Curely and Penn State Cases Page 8 with the Pennsylvania Human Rights Commission. According to Harris and other players who have The National Center for Lesbian Rights (NCLR) is a national legal resource center which was founded in 1977, with headquarters in San contacted NCLR, Portland created a demeaning, Francisco and regional offices in Florida and Washington, DC. Each year we serve more than 5,000 people in all fifty states. Through Karen Doering is NCLR’s lead attorney on the case. hostile and intimidating environment for Harris impact litigation, public policy advocacy, public education, collaboration with other social justice organizations and activists, and direct legal “The time has finally come,” demanded Doering, www.nclrights.org services, we advance the legal and human rights of lesbian, gay, bisexual, and people and their families across the United States. continued on page 6 WE STAND TOGETHER. NCLR Wins Groundbreaking As I reflect on the past year, I’m reminded of the extraordinary people with whom I work. You’ll meet some of them in this newsletter: courageous women and men, fighting for your rights, for your families and for the belief that everyone deserves to be treated equally. Inspired by their talent, foresight, and perseverance, I am proud to stand beside them. I urge you, as a supporter of NCLR, to stand with us as well. Supreme Court Case Stand with college basketball star, Jennifer Harris, as she takes on the women’s basketball coach and administration of Penn State University for perpetuating a “no-lesbians” policy. For more than twenty It was history in the making, and NCLR was instrumental in not a person’s marital status or gender, which makes a parent. years, this reprehensible behavior has never been formally challenged, and 21-year old Jennifer – with bringing it about. On August 22, 2005, the California Supreme the help of NCLR – is saying “no more.” Court broke new legal ground by ruling in three separate decisions, Courtney Joslin, NCLR senior staff attorney, called the rulings that when a same-sex couple has children together, both partners “a tremendous victory for children, for parental responsibility, Stand with Shannon Price Minter, NCLR’s Legal Director, as he champions the rights, safety, and are full and equal parents without the need for an adoption. and for common sense.” Joslin represented Emily B., a mother visibility of transgender people. By fusing stellar legal advocacy with fearless activism, Shannon has seeking child support from her former partner in Elisa B. v. helped incorporate the legal issues of the transgender community into the LGBT civil rights struggle. Each of the three cases involved a lesbian couple who had Superior Court. NCLR also filed amicus briefs in the other two children together but later ended their relationships. Writing for cases K.M v. E.G., and Kristine H. v. Lisa R. along with Lambda atson Stand with Emily B., who, represented by NCLR, took her case before the state Supreme Court to ensure the majority, Justice Carlos Moreno said, “We perceive no reason Legal and others. that all children of same-sex parents in California will be granted the same rights and protections as why both parents of a child cannot be women.” In all three cases, the children with straight parents. Court recognized that it is the decision to have and nurture a child, Putting these far-reaching decisions into context, Kate Kendell, continued on page 6 Photo: Jan E. W And stand with NCLR supporters and LGBT icons, Del Martin and Phyllis Lyon, who became the first A Message from couple in California to legally marry. A historic moment in time – even though their marriage and those of 3,200 other couples were later voided by California’s Supreme Court. Currently, NCLR is lead counsel Kate Kendell in Woo v. Lockyer, representing Del and Phyllis, along with 11 other same-sex couples, Equality New Staff News California, and Our Family Coalition, seeking to end marriage discrimination in California. Our Staff Continues to Grow! Please join us in welcoming… This coming year, the LGBT movement sits at a critical juncture. To be sure, we’ve made enormous strides. More of us than ever before enjoy some measure of legal protection, security, and recognition. More of us than ever before are living our lives with Calla Devlin Leanna Blankenship personal integrity and authenticity. More of us than ever before have discarded the yoke of internalized homophobia and feel real power, pride, and Communications Director Development Assistant joy in who we are. But still, the road ahead is fraught with enormous challenges. Pending in California are two proposed constitutional amendments NCLR is pleased to announce that Leanna Blankenship joined NCLR’s Development department in July, which would not only deny lesbian and gay couples any right to legally marry, but also would repeal our hard-won domestic-partner protections. Calla Devlin has been named and assists with all fundraising endeavors. Leanna received her Additionally, several states are considering legislation to bar LGBT people from adopting, and there are more anti-gay marriage constitutional Communications Director. Calla degree in art and sociology at UC Berkeley in 2001. After a brief stint amendments on the way in other states. comes to NCLR with more than a in urban design and planning, Leanna spent several years working for Each year NCLR provides free assistance to more than 5,000 individuals seeking legal help. We do this in the face of an incredibly well-funded right decade of expertise as a high level Precita Eyes Mural and Visitor’s Center in San Francisco, where she wing campaign that is working overtime to invalidate our lives and families. Toward that end, their legal and public relations machine outspends that public relations and media strate- ran their volunteer and membership program and their children’s art of the LGBT movement’s by a margin of ten to one. gist. She has secured extensive workshops. She is also a muralist and has directed several public visibility for clients in top market murals with young people and participated in large scale public art In order to continue our fight – your fight – for justice, it is critical that we are armed with the necessary financial resources. So today, I urge you to venues such as: The Washington pieces throughout the Bay Area. Leanna has volunteered extensively stand with Jen, Shannon, Emily, Del, and Phyllis and support the work of NCLR. If we stand together, no one can stop us. Post, The New York Times, USA as a listener with the LYRIC Youth Talkline (now the GLBT National Today; National Public Radio, The Help Center’s Youth Talkline). Today Show, Oprah, Politically BOARD OF STAFF Kerry Lobel Allison Stone Abby Rubenfeld, Esq., TN Incorrect and CNN News. Senior Strategist Tracy Powell DIRECTORS Lena Ayoub, Esq. Meredith Wood Eileen Scallen, Esq., MN Until recently, Devlin served as a Senior Account Executive with Executive Assistant, Florida Kelly Dermody, Esq. Staff Attorney Jody Marksamer, Esq. Summer 05 Carmen Vazquez, NY Staff Attorney Akaya Windwood Leanna Blankenship Erin Dominguez Landis Communications where she designed communication plans for Tracy Powell joined NCLR’s Florida Office in February, where she Co-Chairs Development Assistant Shannon Price Minter, Esq. Tabitha Lundberg NATIONAL ADVISORY nonprofit, arts, education and consumer clients including Stanford works with Karen Doering, Florida Regional Counsel. Tracy graduated COUNCIL Donna Ryu, Esq. Noemi Calonje Legal Director Quita St. John University and the California State Parks Foundation. She has also from Tiffin University in Ohio in 1994 with a Bachelors in Business Secretary Immigration Project Director Joyce Pierson Anne Tamar-Mattis Carol Alpert crafted news-driven media campaigns, successfully positioning and Administration, with a focus in Sports Management. From there, she Ming Wong Betsy L. Allen, Esq. Helen J. Carroll Elder Law Project Consultant Joyce Hunter, DSW training clients to comment on breaking news and trends. went on to work for a non-profit organization that provides services Phyllis Lyon and Del Martin WINTER 2005 Treasurer Homophobia in Sports Tracy Powell to mentally retarded and developmentally disabled individuals, and Dora J. Dome, Esq. Project Coordinator Executive Assistant, Florida NATIONAL ADVISORY Lory Masters As Senior Publicist for Chronicle Books, Devlin designed marketing then spent several years at a large marketing company. Tracy relo- BOARD Raquel Matas, Esq. VP of Development Calla Devlin Trilce Santana campaigns for sixty new products annually – including We Do: A cated to Florida in 2002. AFF Rachel Joyce Robasciotti, FP Communications Director Events Manager Lesley Weaver, Esq., CA Nancy Polikoff, Esq. Celebration of Gay and Lesbian Marriage and a book by U.S. Senator VP of Ends Marina DiCerbo Liz Terry Chair Ruthann Robson, Esq. Barbara Boxer. As the Associate Director of Marketing and Publicity Administrative Assistant Legal Assistant Roberta Achtenberg, Esq., CA at Harper Collins, Devlin secured expansive media coverage for Liz Terry, Legal Assistant Angela Brown, Esq. The NCLR newsletter is published by Karen Doering, Esq. Dena Zaldúa Hilkene Ligaya Amojedo, NY authors such as John Shelby Spong, civil rights champion for LGBT Liz Terry joined NCLR’s staff in June, as a Legal Assistant. Liz works Mary Anne Courtney, CFP, EA the National Center for Lesbian Rights. Regional Counsel, Florida Manager of Annual Giving Susan Gore, Ph.D., TX people of faith. closely with the attorneys and law clerks to support NCLR’s legal Nancy Otto Editors: Calla Devlin, Kerry Lobel, and Courtney Joslin, Esq. Surina Khan, CA work. Prior to NCLR, Liz worked at DSD, a small nonprofit consulting Eleanor Palacios LAW CLERKS Dena Zaldúa Hilkene Senior Staff Attorney Yesi Leon, FL A published writer, Devlin’s work has been included in many literary firm, and as the Sports Information Director and Compliance Ces Rosales Fall 05 Writers/Translators: Jennifer Einhorn Kate Kendell, Esq. Jane A. Marquardt, Esq., UT journals and magazines, including the Harrington Lesbian Fiction Coordinator at Mills College. Originally from western Massachusetts, Olga Talamante Executive Director Lisa Cisneros and NCLR Staff Fiona Martin, CO Quarterly. Her memoir about lesbian parenting, Don’t Call Me Daddy: Liz graduated from Brown University in 2002 with a degree in math. Barbara Zoloth, Ph.D. Ann Rubinstein Design: Six Ink Eleanor Palacios, CA A Lesbian’s Journey as the Other Mother, is forthcoming in fall 2006 Liz is an avid sports fan and plays for the national champion Berkeley from Seal Press.

NCLR BOARD & ST All Blues women’s rugby team. NCLR thanks Heller Ehrman White & McAuliffe LLP and Orrick, Herrington & Sutcliffe LLP for their generous support of our law clerks in 2005. 3 Ford Foundation Honors NCLR Receives $100,000 ’s Tireless Advocacy Lead Gift from Kathy Levinson and Naomi Fine Prestigious Leadership for a Changing World Award

Shannon Price Minter wears many hats. Spouse, parent, law is making it possible for more transgender people to step out of feminist perspective, NCLR recognizes that we cannot fully professor, and NCLR Legal Director, he is also one of this self-hatred and fear and to come into their own.” protect lesbians unless we also confront sexism and gender country’s most preeminent lawyers, whose tenacious work has stereotyping in all its forms, including discrimination against changed the civil rights landscape for lesbian, gay, bisexual, and As a teenager growing up in rural east Texas, and identifying transgender people.” transgender people around the world. as a lesbian, Minter knew he was different. So did others, including students who slashed his tires. After his transition in In addition to his work on behalf of transgender people, Minter In October 2005, the Ford Foundation named Minter as one of 1996, his family had trouble accepting him as a transgender also oversees NCLR’s advocacy on behalf of lesbian, gay, and their 2005 winners of the prestigious Leadership for a Changing person. “But last year,” Minter reported, “I finally summoned bisexual people. He is NCLR’s lead counsel on Woo v. Lockyer, World Awards. The 17 awardees, chosen by a national selection the courage to go back home. One of the best moments of my the California marriage equality case. Minter also represented committee from a pool of life was being able to hug Sharon Smith in her groundbreaking wrongful death suit on (left to right) Naomi Fine, Reade, Kathy, and Parker Levinson nearly 1,000 nominations, Photo: Bob Hsiang my parents and my behalf of her deceased partner, Diane Whipple. Minter has are individuals and 92-year-old grandmother been instrumental in creating new legal protections for same-sex NCLR is honored to announce that Kathy Levinson and Naomi Fine leadership teams tackling again and seeing the love parents, and in 2004, received an honorary degree from the have made a $100,000 leadership challenge gift to this year’s some of the nation’s most and acceptance in her New York City University School of Law for his advocacy on Major Gifts Campaign. Their generous gift comes at a time when entrenched social, eyes. I know that love and behalf of lesbian, gay, bisexual, and transgender people. NCLR is leading the way in LGBT rights nationally – seeing NCLR’s economic and environ- compassion can prevail leadership and the many LGBT legal battles on NCLR’s docket made it clear to Levinson and Fine that the time to give a gift of mental challenges. Each over fear and shame.” Minter’s belief in coalition-building led to the creation of an this magnitude and impact is now. honoree’s organization array of important collaborations. NCLR has partnered with receives a $100,000 award Recently, civil rights the Gay/Straight Alliance Network, the Transgender Law A group of generous donors have joined Levinson and Fine to for “working against great groups and gay and lesbian Center, and the San Francisco Unified School District to create a $170,000 matching fund to encourage first time and odds to make a difference.” activists have begun to draft and implement the country’s first official school-district higher giving. more fully recognize the policy which expressly includes transgender students. The All new and increased 2005 major gifts* given or pledged Long before transgender issue of transgender peo- policies address such issues such as locker-room privacy, dress by December 31, 2005 will be matched up to $170,000 by issues were included in the ple’s rights—in large part codes, and anti-harassment procedures. Another partnership, the following members of the NCLR family: (left to right) Noemi Calonje, Shannon Price Minter, Lena Ayoub, and Jody Marksamer agenda of the lesbian and due to Minter’s advocacy. with Legal Services for Children, created model guidelines Cindy Brooks & Judith Thompson Rosanne Siino gay rights struggle, Minter Serving as lead counsel on for the treatment of LGBT youth in foster care and juvenile- Sharon & Michelle Enlowsmith Renata Sos & Judy Miles was a visible and vocal advocate for the community. Liz Seaton, cutting edge civil rights cases, Minter represented transgender justice facilities. Kathy Levinson & Naomi Fine Kara Swisher & Megan Smith General Counsel for the Human Rights Campaign, remarks: father in a highly publicized 2003 custody case Angela Padilla & Amy Silverstein Jan Zivic “Frankly, it is hard to find a transgender law or policy project— that was televised on Court TV. The case exposed millions of As legal director of NCLR, Minter appreciates “the enormous large or small—anywhere in the country that he has not been viewers, many for the first time, to accurate information about flexibility, support, and resources” he receives to do his work— With the boost and support of these generous lead donors, and involved in, advised on, or influenced through his scholarship, transgender people and the process of sex-reassignment. which is far from complete. For the immediate future, he more than 30 volunteer solicitors, the 2005 Major Gifts education, or advocacy effort.” remains committed to his work at NCLR and especially to Campaign will undoubtedly be NCLR’s most successful yet. Co-chaired by Rhett Currier and Jan Zivic, this year’s campaign In 1993, Minter founded NCLR’s Youth Project, the first legal- expanding NCLR’s ability to protect LGBT people who face goal is $1.3 million – a little more than twice the 2004 goal. We At NCLR, Minter assists transgender people who have lost cus- advocacy group to address the needs of lesbian, gay, bisexual, and multiple forms of discrimination. “Many LGBT people experi- are in the fight of our lives; defeating the right wing forces who tody of their children, lost their jobs, or been assaulted because of transgender (LGBT) youth. He now helps to coordinate NCLR’s ence discrimination because of their gender and race, as well as would deny us and our loved ones our fundamental rights their transgender status. Every day, transgender people confront Safe Homes Project, staffed by NCLR attorney Jody Marksamer, their sexual orientation,” notes Minter. “In the coming years, demands a significant commitment from our entire community. bias in virtually every aspect of their lives, from employment and which helps LGBT youth facing discrimination and problems in NCLR will help lead the way in developing legal strategies that The largest single anti-gay group in the country has an annual family relations, to the health care, criminal justice, and schools foster care, group homes, or the juvenile-justice system and recognize the intersection of sexism, racism, and homophobia.” budget of $130 million. The combined annual budgets of the systems. Although the numbers are growing, only a small number which has developed some of the nation’s first-ever resource leading twelve national LGBT organizations, including NCLR, of state and local jurisdictions and employers require respectful materials on the appropriate treatment of transgender youth in barely break $50 million. and nondiscriminatory treatment of transgender people. group homes and juvenile justice facilities. Stay on top of your civil rights! Get email updates Make your major gift today! Contact Dena Zaldúa Hilkene, Manager of Annual Giving, at [email protected] or (415) 392-6257, x303. “As a transsexual person,” says Minter, “I cannot imagine taking Minter sees strong connections between transgender and and announcements about our legal programs and these things -- being a parent, being married, having a job, being lesbian issues. “NCLR always has been a feminist as well as a nation-wide events: * Major gifts begin at $1,500. New and increased contributions made to safe -- for granted. I am motivated by knowing that the work I do lesbian organization,” notes Minter. “Because of that strong www.nclrights.org and click on ‘Get Email Updates’ the major gifts campaign of $250 or more are eligible to be matched.

4 5 NCLR Fights Three Decades of and Women in Sport reiterated its stance opposing discrimina- tion against athletes, warning that, “Such an environment can NCLR combate tres décadas de acoso anti-gay Anti-Gay Harassment at Penn State have negative effects on athletes’ mental and/or physical health and interfere with optimal athletic performance. Prejudicial sport continued from page 1 settings can also increase the likelihood that athletes will en la Universidad de Pennsylvania State and other players she thought were lesbians. In addition, experience stress and depression, be isolated from teammates, Harris recalls, Portland “created divisiveness on the team by and/or feel compelled to portray a socially desirable image.” instructing players not to associate with other players she believed “Alcohol No, Drogas No, Lesbianas No” to be gay, or they would be kicked off the team also. Coach For Harris, it wasn’t an easy decision to take on a legendary – Entrenadora de Penn State Rene Portland, al Chicago Sun Times, 1986 Portland’s final insult to me was to exclude me from the 2004- coach and powerful university. “I struggled with whether I should just walk away and try to forget what happened,” she said. “I 2005 Awards Banquet, which all of my 2004-2005 Lady Lion Sería difícil para entrenadores universitarios de basketball encontrar NCLR para corroborar con la historia de Harris y para expresar su basketball teammates were invited to attend.” finally realized that I could never put this incident behind me as una mejor atleta que Jennifer Harris. admiración y agradecimiento a ella por tener el valor de levantar su long as other students were being subjected to the same sort of En el 2003, Harris se graduó de su preparatoria en Harrisburg, denuncia. El Director Legal de NCLR, Shannon Minter, está de acuer- Since NCLR announced its representation of Harris, dozens of humiliation and discrimination I experienced from Coach Pennsylvania siendo la jugadora con el mayor puntaje y la más do. “Jennifer Harris merece un crédito enorme”, dijo, “no solo por former players and staff have contacted NCLR to corroborate Portland. In the end, I knew I had to speak out.” condecorada. Además de haber recibido el “National Honor Society” y pelear por sus propios derechos y dignidad, sino también por el derecho Harris’ story and to express their admiration and gratitude to el “President’s Academic Award” por cuatro años, la escolta que mide y la dignidad de muchas otras jugadoras quienes, nosotros creemos, han her for having the courage to speak out. NCLR Legal Director, Harris has since transferred to James Madison University, in seis pies de altura también fue nombrada “McDonald’s, WBCA, Nike, experimentado discriminación similar por parte de Portland a través de Shannon Minter concurs. “Jennifer Harris deserves enormous Virginia. But because Penn State compounded its discrimination USA Today and Blue Chip All American”. Cuando llegó a Penn State los últimos casi treinta años. Confiamos en que la verdad saldrá a la luz credit,” he stated, “for standing up not only for her own rights against her by failing to give her a timely release letter, as required en el 2003, Harris se convirtió en un miembro valioso de su equipo. y le rogamos a Penn State que tome las acciones necesarias para and dignity, but also for that of the many other players who, we by NCAA transfer rules, she must sit out the current season before Al final de su Segundo año universitario, ella era una de las líderes terminar con las acciones discriminatorias de Portland.” believe, have experienced similar discrimination by Coach she is eligible to play for her Junior and Senior years. en puntaje, asistencias e intercepciones jugadas. Respondiendo al caso de Harris, La Asociación de Mujeres y Niñas en Portland over the past nearly thirty years. We are confident that A pesar de su éxito en la cancha, Harris fue expuesta a humillante y Deportes reiteró su oposición a la discriminación contra los atletas, advir- While she’d rather be on the court, Harris knows she did the the truth will come to light, and we urge Penn State to take continuo acoso por parte de Rene Portland, la entrenadora del equipo de tiendo que, “Este tipo de ambiente puede tener un efecto negativo en la right thing. “Coach Portland very nearly destroyed not only my appropriate actions to deal with Coach Portland’s discriminatory basketball de mujeres, a causa de su raza, género y la percepción de su salud mental y/o física del atleta y puede interferir en el desempeño athletic career, but also my dream of completing my education actions.” orientación sexual. En repetidas ocasiones, Portland le preguntó a Harris atlético.” Ambientes deportivos con prejuicio también pueden incre- and becoming a doctor. I do not want to see a single other acerca de su orientación sexual, la presionó a que fuera “más femenina” mentar la posibilidad de que el atleta experimente estrés y depresión, In response to the Harris case, The National Association for Girls student damaged in this way.” y dio órdenes de que los otros jugadores no se asociaran con Harris. aislamiento de sus compañeros de equipo, y/o de que se sienta Después de que Harris le dijo a Portland de que ella es una mujer obligado a presentar una imagen que se considera socialmentedeseable.” africana-americana y fuerte y de que no estaba dispuesta a cambiar su Para Harris, no fue fácil la decisión de enfrentarse con una entrenado- apariencia, el acoso se intensificó. Al final de la temporada del 2004, ra famosa y una universidad poderosa. “Yo no sabía si era mejor alejarme which in turn filed a child support action against Elisa. Elisa NCLR Wins continued from page 3 Portland despidió a Harris y a otras dos jugadoras afro-americanas del y tratar de olvidar lo que había pasado,” dijo. “Finalmente me di cuenta fought the action, claiming that she was not one of the twins’ equipo. de que no podía dejar esta experiencia atrás mientras otros estudiantes NCLR Executive Director, parents and should have no obligation to support them. NCLR y la firma de abogados de Dangly Aronchick Segal & Pudlin estaban sufriendo el mismo tipo de humillación y discriminación que yo noted that, “Before August están representando a Harris. Ellos han presentado una queja contra la sufrí de parte de Portland. Al final, supe que tenía que hablar.” The California Supreme Court rejected Elisa’s argument. Ruling 22, California treated the entrenadora Portland, el Director Atlético Timothy Curely y la Desde entonces, Harris se transfirió a James Madison University, en non-birth parent in a same- in favor of Emily, the Court held that Elisa could not simply Universidad de Pennsylvania State ante la Comisión de Derechos Virginia. Pero debido a que Penn State agravó su discriminación contra sex parent family as a legal walk away from her family, or from her obligation to support the Humanos de Pennsylvania. Harris, negándose a darle una carta de condonación del equipo a stranger to the child, with no two children she agreed to bring into the world. According to the Karen Doering de NCLR es el abogado principal en el caso. “Ha tiempo, algo requerido por las reglas de transferencia del NCAA, ella right even to see her child if Court, Elisa is a legal parent to the children and is responsible llegado por fin el momento,” dijo Doering, “de que Penn State asuma su tendrá que esperar hasta la siguiente temporada para ser elegible para the parents ever ended their for their care and support. “I’m elated beyond words that the responsabilidad y acabe con esta actividad ilegal de una vez por todas”. jugar en su tercer y cuarto año. relationship.” As a result of Court recognized the reality that my children have two parents,” Doering explicó que la presentación de la queja a la Comisión es un Aunque preferiría estar en la cancha, Harris sabe que hizo lo correcto. said Emily. “It is a tremendous victory not only for my family, but requisito en Pennsylvania para proceder legalmente contra Portland. “Portland casi destruyó no solo mi carrera atlética sino también mi A family that can now stay together: this inequality, thousands of for all children born to same-sex couples.” Cuando la Comisión dé su decisión, obligará a Penn State a tomar sueño de terminar mis estudios y ser una doctora. Yo no quiero ver ni Emily B. and her twins, Kaia and Ry. California children have acción en contra de Portland o le dará a Harris el derecho de presentar siquiera un estudiante más ser dañado de esta manera.” been permanently separated The California Supreme Court is the first court in the nation una demanda en la corte. from one of their two parents, often with traumatizing results. to rule that children born to same-sex couples must be treated Las acusaciones contra Portland de ser anti-gay no son nuevas. En 1986, Portland comentó en el periódico The Chicago Sun Times que ella The Court has now boldly ended this discrimination. According equally and receive the same legal and financial protections no permitía lesbianas en su equipo. Y, según Sports Illustrated, “Antes de 2006 NCLR COMMEMORATIVE KEEPSAKE to the Court, “A person who actively participates in bringing (health insurance, inheritance and social security benefits as well as visitation and custody arrangements) as children born que la Universidad adoptara una póliza a principios de los ‘90’s que pro- Get a gift and help us win the fight! children into the world, takes the children into her home and hibiera la discriminación basada en la orientación sexual de un individ- holds them out as her own, and receives and enjoys the benefits to married heterosexual parents. While courts in other states When you buy this one-of-a-kind previously have ruled in favor of visitation or custody rights uo, Portland ya había públicamente admitido tener una póliza de no les- of parenthood, should be responsible for the support of those bianas.” A través de los años muchos jugadores acosados por Portland por commemorative keepsake, you for same-sex partners, those rulings have stopped short of children—regardless of gender or sexual orientation.” ser gay han sido también africano-americanos, revelando una inqui- also contribute to NCLR! establishing full parent-child relationships. etante pauta de discriminación de múltiples facetas. For $25, you will receive this The Court’s ruling was a great victory for NCLR’s client, Emily Según Harris y otras jugadoras que han contactado a NCLR, Once legally invisible, children of same-sex parents in 3" diameter, full-color ceramic B.—and for all children born to same-sex parents. Portland creaba un ambiente de hostilidad, degradación e intimidación 2006 Commemorative NCLR California now have the same protections as children whose para Harris y otras jugadoras quien ella sospechaba de ser lesbianas. In 1998, Emily B. and her then partner Elisa had twins together, parents are straight. “These children have the same needs as all Keepsake featuring Del & Phyllis También, cuenta Harris, Portland “creaba división en el equipo con sus in their historic moment. using alternative insemination and an anonymous donor. After other children for support from both of the people who brought ordenes de que las jugadoras no se asociaran con las compañeras a the twins were born, Emily stayed home to care for the children, them into the world,” said Joslin. “With this ruling, the Court quienes sospechaban de ser lesbianas o serían despedidas del equipo. one of whom is severely disabled, and Elisa supported the family recognized that all children must be protected— regardless of El último insulto que sufrí a manos de Portland fué cuando ella me financially. The couple separated eighteen months later, and Elisa the sexual orientation or marital status of their parents.” excluyó del “2004-2005 Awards Banquet” (ceremonia de premios) al [Actual keepsake in full color] ($15 of each $25 purchase goes to NCLR) eventually stopped visiting the twins or providing any financial cual fueron invitadas todas mis otras compañeras de equipo.” BUY 2006 KEEPSAKES AT: www.cafepress.com/nclr To access the decisions and the briefs in this historic case, visit support. Emily applied for public assistance with the State – Desde que NCLR anunció que estaba representando a Harris, Available for a limited time only, so act now! NCLR’s website at www.nclrights.org docenas de ex-jugadoras y ex- personal se han puesto en contacto con 6 7 the second state supreme court, following a child together using alternative insemina- the Virginia Department of Vital Records OntheDocket California earlier this year, to hold that same- tion. After the couple separated, a refused to issue new birth certificates sex couples who have and raise children Colorado court granted Hannah visitation listing both of the children’s adoptive together are both legally responsible as par- with the couple’s daughter. Courtney fled parents. The children were born in Virginia, The National Center for Lesbian Rights works to achieve equality for together through a reproductive technology ents. Carvin was represented by the the state with their daughter and filed an but adopted by same-sex couples in the known as ovum-sharing. An egg was removed lesbian, gay, bisexual, and transgender (LGBT) people and their families Northwest Women’s Law Center. NCLR, action in Florida, seeking a ruling that District of Columbia and New York. NCLR from K.M., fertilized in vitro, and implanted across the nation by litigating cases on issues of importance to LGBT people Lambda Legal, and Children of Lesbians and Hannah has no parental rights. Represented assisted Professor Joan Hollinger, one of in her partner E.G. After the twins were Gays Everywhere (COLAGE) filed a brief sup- by NCLR attorney Karen Doering, Hannah the nation’s foremost scholars on adoption and their families. In addition to litigating cases, NCLR provides free born, K.M. and E.G. raised them together for porting Carvin, with assistance from Kristin successfully argued that Colorado, not law, in filing an amicus brief supporting the several years. When the couple separated, public education and legal information to thousands of individuals with Boraas, Laura Clinton, and Jamie D. Pedersen Florida, had jurisdiction over the case. children’s right to obtain accurate birth however, E.G. (the birth mother) refused to questions related to their sexual orientation or gender identity and provides of Preston Gates & Ellis LLP. NCLR cooperating attorney Kyle Velte is certificates. In April 2005, the Virginia allow K.M. (the genetic mother) to see the representing Hannah in the Colorado action. Supreme Court held that the Department of assistance to attorneys to help them better serve their LGBT clients. children. In August 2005, the California Vital Records must issue birth certificates Attorneys interested in providing pro bono assistance may contact NCLR Supreme Court held that both women are listing both adoptive parents, regardless legal parents to their twin girls. NCLR, Angela G. v. D.W. senior staff attorney, Courtney Joslin, Esq. of whether the adopted parents are Lambda Legal and other LGBT organizations California different-sex or same-sex. filed an amicus brief on K.M.’s behalf. K.M. is Victory! represented by the Hersh Family Law Practice. issued several years ago in Virginia, that Angela G. and D.W., a lesbian couple, had a Tina B. v. Paul S. FAMILY LAW/ child together in 1998. After the couple prohibits him from living with his life partner, Kristine H. v. Lisa R. West Virginia PARENTING Blaise Delahoussaye. The Virginia order was separated. D.W. arbitrarily cut off all Victory! based on Virginia’s sodomy law, which was California contact between Angela and the child, Victory! B.F. v. T.D. struck down, along with 12 others nation- Rich and Michael Butler forcing Angela to file for custody. The trial Tina B. and Christine S., a lesbian couple, wide, in a U.S. Supreme Court ruling in 2003. court held that Angela was not a parent and lived together for many years and had two Kentucky Kristine H. and Lisa R. had a child together had no right to any contact with the child. children together. When Christine died, Appeal pending using alternative insemination. Before the Adoption.com In June, 2005, the California Court of Christine’s parents tried to obtain custody Elisa B. v. Superior Court child was born, Kristine and Lisa obtained a California B.F. and T.D., a lesbian couple, were in a Appeal reversed the trial court’s decision of one of the children, over Tina’s strong California court judgment declaring both of them to be Initial Victory! committed relationship for seven years. and held that Angela is a parent and has the objection. The West Virginia Supreme Court Victory! the child’s legal parents. When the couple When their attempts to get pregnant were right to seek custody. NCLR represented awarded Tina B. custody of the child. The separated a few years later, however, Kristine NCLR is suing Adoption.com, the largest unsuccessful, the couple decided to adopt. Angela in her appeal. National Center for Lesbian Rights and Elisa and Emily had twins together while took the position that Lisa was not a legal adoption-related Internet business in the Because the availability of second parent Lambda Legal filed an amicus brief they were in a committed relationship. parent and had no right to custody or v United States, on behalf Rich and Michael adoptions is unclear in Kentucky, only T.D. supporting Tina, who is represented by One of the twins has Down Syndrome and isitation with their child. In August 2005, Butler, a same-sex couple who have been Jones v. Barlow adopted the child. For the next six years, James Wilson Douglas of Sutton, West requires round-the-clock medical care. the California Supreme Court ruled that together eight years. Rich and Michael Utah the couple raised their child together. After Virginia. After Elisa and Emily separated, Elisa, the Kristine was barred from challenging the attempted to post a profile as potential Appeal Pending the couple separated, however, T.D. cut off non-biological mother, eventually stopped judgment and that both women are legal par- adoptive parents on one of Adoption.com’s all contact between B.F. and the child, Keri Jones and Cheryl Barlow had a child visiting the twins or providing any financial ents. NCLR, Lambda Legal, and other LGBT websites. A company spokesperson told the Jones v. Boring forcing B.F. to file for visitation. Although together in Utah using alternative support. In August 2005, the California organizations filed an amicus brief on behalf Butlers that the company does not allow gay Pennsylvania both the trial court and the Kentucky Court insemination. After they separated, Cheryl Supreme Court held that Elisa is a legal of Lisa, the non-biological mother. Lisa is and lesbian couples to use their services. Victory! of Appeals held that B.F. has no standing to tried to prevent Kerri from having any contact parent and must pay child support, stating represented by Diane Goodman and Leslie Represented by NCLR and the law firm of seek visitation, the Kentucky Supreme Court with their child. In 2004, a Utah trial court Ellen Boring and Patricia Jones had twin that when a same-sex couple has a child Shear of Los Angeles, California. Orrick, Herrington & Sutcliffe LLP, the Butlers has agreed to review the case. B.F. is through assisted reproduction, both part- are challenging this anti-gay policy under granted Keri visitation. Cheryl, who now children together in the context of a represented by NCLR and local counsel California law, which prohibits businesses identifies as an “ex-lesbian” and is being long-term committed relationship. When ners are legal parents, regardless of their In re Parentage of L.B. Bryan D. Gatewood. gender, sexual orientation, or marital sta- from discriminating on the basis of sexual represented by an anti-gay legal organization, the couple separated, Boring tried to cut tus. The California Supreme Court is the Washington orientation. In an initial victory, in May appealed this decision to the Utah Supreme off Jones’ contact with the children. After Victory! Hedberg v. Detthow first state Supreme Court to reach this con- 2005, federal district court Judge Phyllis Court. NCLR is representing Keri on appeal hearing extensive evidence, a trial court clusion, and its decision in this case and the Hamilton held that Adoption.com must with the assistance of local counsel Lauren R. awarded custody to Jones. Boring Maryland Sue Ellen Carvin and her former partner Page other two related cases that were decided comply with California’s non-discrimination Barros, P.C., who represented Keri at trial. appealed, arguing that she automatically Victory! Britain were in a committed relationship for 12 the same day inevitably will influence laws and that the Butlers’ case can proceed. should be given custody because she is the years. They had a child and raised her together The Maryland Court of Appeals ruled in favor courts in other states. NCLR represented birth mother. The appellate court rejected for 6 years. Throughout that time, Carvin was Katherine Anne Fisher of gay father Ulf Hedberg in June 2005, hold- Emily before the California Supreme Court. the argument that biology alone should the child’s primary caretaker. After the couple Wood v. Wood Davenport et al v. Deborah ing that he must be given an opportunity to determine custody, holding that the separated, Britain cut off all contact between Florida/Colorado Little-Bowser et al challenge a custody restriction that prohibits primary focus must always be on the best K.M. v. E.G. Carvin and the child. In November, 2005, the Victory! Virginia him from living with his same-sex partner. interests of the child. The National Center California Washington Supreme Court held that Carvin is Victory! NCLR, Lambda, and Maryland attorney Susan for Lesbian Rights represented Jones, along Victory! a parent and is entitled to seek custody or visi- NCLR represents Hannah Wood in a Florida Silber of Silber & Perlman represent Mr. with Lambda Legal, The Center for Lesbian tation. With this landmark decision, the child custody case against her former partner, The ACLU of Virginia sued on behalf of four Hedberg, who is challenging a custody order, and Gay Civil Rights and local counsel A lesbian couple, K.M. and E.G., had twins Washington Supreme Court has now become Courtney Wood. Hannah and Courtney had children adopted by same-sex couples after

8 9 Maureen Gatto of Dorian, Goldstein, and was in the process of adopting the married shortly thereafter. The next month, brief in the Florida Supreme Court challenging lesbian and gay couples in New Jersey. The Wisniewski & Orchinik in Bensalem, younger when the couple separated. another member of the Cherokee Nation filed a proposed anti-gay voter initiative. The case is now pending before the New Jersey Marvin Burrows and his partner William Pennsylvania. Sharon, the birth mother, tried to block the a Petition seeking to invalidate Dawn and measure, if passed, would block recognition Supreme Court. NCLR filed amicus briefs in Swenor were together for 51 years. Marvin adoption by arguing that second parent Kathy’s marriage. NCLR defended Dawn and of marriage and might also jeopardize the both the Court of Appeal and the New and William did everything within their power Riley v. Sica adoptions are not permissible under Kathy before the Cherokee high court, which current domestic partner protections that Jersey Supreme Court supporting the to demonstrate their commitment to each California California law. After several perilous years dismissed the challenge to their marriage in exist across the state. Filed on behalf of six couples’ right to marry. other and to provide for the surviving partner Appeal Pending for thousands of families in California, in August, 2004. Two days later, various same-sex couples, the brief argues that the in the event of one partner’s death, including 2003, the California Supreme Court held members of the Cherokee Nation Tribal Council initiative violates the single subject rule in registering as domestic partners. During the Charisma and Kristina had a child together in that California permits second-parent filed a new action seeking to invalidate Dawn the Florida Constitution by requiring voters DOMESTIC time they were together, William worked for the context of a committed relationship. adoptions and sent the case back to the trial and Kathy’s marriage. NCLR is now defending to decide two separate issues at once: Owens Illinois as a warehouse crew leader for Shortly after the child was born, Kristina court to determine whether the adoption Dawn and Kathy against this new challenge. whether to prohibit same-sex couples from PARTNERSHIP more than 35 years. Throughout William’s abruptly left the couple’s home and took should be granted in this case. In 2004, marrying and whether to prohibit the AND OTHER employment, he was a member of the ILWU their daughter with her. Since leaving, the trial court held that Annette should be provision of other types of legal protections RELATIONSHIP and a participant under their Pension Plan. Kristina has only allowed Charisma to see permitted to complete the adoption to for same-sex couples. William was still working for Owens Illinois their daughter twice. Charisma filed a protect the best interests of the child. In PROTECTIONS when he suddenly and unexpectedly passed custody action. The trial court dismissed her November, 2005, the California Court of Higgs v. Kolhage away in March of 2005. Faced with the sudden action, holding that people who lack a Knight v. Superior Court Appeal affirmed the trial court’s decision. Florida and tragic loss of his life partner, Marvin biological or marital connection to a child Thomasson v. NCLR represented Annette in the appeal. Trial Court Decision Pending Schwarzenegger submitted a claim for William’s Pension cannot seek custody or visitation. benefits. Despite their long and committed California Represented by NCLR, Charisma is seeking relationship, the company rejected Marvin’s NCLR is representing six same-sex couples Victory! review of that erroneous decision in the MARRIAGE Dawn McKinley and Kathy Reynolds and Equality Florida, a statewide LGBT claim. NCLR, with the assistance of attorney California Court of Appeal. Kristina is being education and advocacy organization, in a Shortly after AB 205—the California Teresa Renakar, filed an initial appeal letter, represented by an anti-gay organization. Woo v. California Bowler v. Lockyer lawsuit seeking marriage equality for Domestic Partner Rights and Responsibilities which the company also rejected. NCLR is now preparing an additional appeal on California California same-sex couples in Florida. All six couples Act of 2003—was signed into law, two Marvin’s behalf. Hayes v. Mohr Initial Victory! Appeal Pending Victory! were turned away by the Clerk of the Court’s rightwing groups filed lawsuits seeking to Florida office when they tried to apply for a marriage prevent the law from going into effect. NCLR Appeal Pending The National Center for Lesbian Rights is lead The anti-gay group Campaign for California license. Local attorney Alan Eckstein is is defending AB 205 on behalf of 12 counsel in Woo v.California, a lawsuit seeking Families (CCF) submitted a proposed initiative co-counsel in the suit. Oral argument is sched- same-sex couples and Equality California. Teresa Hayes and Mary Mohr were in a TRANSGENDER marriage equality on behalf of twelve to amend the California Constitution to uled in the trial court for December 6, 2005. Our co-counsel are David C. Codell of the Law committed relationship for over 17 years, ISSUES same-sex couples, Equality California, and permanently exclude same-sex couples from Office of David C. Codell, the ACLU, and during which time Mohr adopted two Our Family Coalition. In April, 2005, San the right to marry and to eliminate rights Kerrigan & Mock et al v. Lambda Legal. In September 2004, the children. To ensure that Hayes also would Kantaras v. Kantaras Francisco Superior Court Judge Richard A. and responsibilities provided to registered Sacramento Superior Court upheld the be recognized as a legal parent, in 1999 the Connecticut Department Florida Kramer ruled in favor of the couples, holding domestic partners. After the Attorney validity of the law, and the California Court couple obtained a parenting decree from a of Public Health Victory! that California’s exclusion of same-sex General issued its description of the pro- of Appeal upheld that decision. Colorado court acknowledging Teresa Hayes Connecticut couples from marriage discriminates on the posed initiative and its effect, CCF filed a as the second legal parent of the couple’s Trial Court Decision Pending In June 2005, love, patience, and basis of sex and violates the fundamental lawsuit challenging the Attorney General’s two children. In 2005, after moving to Strong v. BOE persistence, combined with a visionary judge right to marry. Judge Kramer’s decision is description. Sacramento Superior Court Florida, the couple separated. Mohr began Kerrigan & Mock et al v. Connecticut California and a little help from Dr. Phil, led to an his- now pending before the Court of Appeal in Judge Cadei resoundingly rejected CCF’s curtailing, and eventually terminated Hayes’ Department of Public Health seeks to end Trial Court Decision Pending toric settlement agreement between NCLR San Francisco. NCLR’s co-counsel in the case claims, holding that the Attorney General’s contact with the children. Hayes filed suit Connecticut’s exclusion of lesbian and gay client Michael Kantaras and his former wife. are Lambda Legal, the ACLU, Stephen V. Title and Summary was accurate. The Under California law, when a spouse dies and in Florida, asking the Florida Court to couples from marriage. GLAD is representing Michael, a transsexual father, has been Bomse, Christopher F. Stoll, Richard California Court of Appeal subsequently the other spouse inherits the couple’s home, enforce the parenting order issued by the plaintiffs in cooperation with Maureen fighting for almost seven years to retain his DeNatale, and Ryan Tacorda of Heller Ehrman denied CCF’s request to review the trial court the state will not reassess the tax value of Colorado. Mohr asked the Florida court to Murphy of Murphy, Murphy, Nugent in New parental rights to his two White & McAuliffe LLP, David C. Codell of the decision. NCLR, along with the law firm of the couple’s home. In 2003, the California dismiss the case, claiming the Colorado Haven, Kenneth J. Bartschi of Horton, children, aged 16 and 13. This case first Law Office of David C. Codell, and Clyde J. Remcho Johansen and Purcell, and Lambda Board of Equalization adopted a rule that order was invalid. The court granted Mohr’s Shields & Knox in Hartford, and the made national and international news in Wadsworth of Steefel, Levitt & Weiss. Legal and the ACLU represent Equality for extended a similar protection to same-sex motion to dismiss the action. NCLR Connecticut Civil Liberties Unions. NCLR 2002, when Court TV aired the entire three All, Equality California, and two same-sex couples. In 2005, several counties filed a represents Hayes on appeal. joined an amicus brief, along with 24 other week trial. Michael’s former wife knew he couples who intervened in the action to lawsuit challenging this rule. NCLR, Lambda Reynolds and McKinley civil rights groups, supporting the couples’ was transgender when they married, but represent the interests of same-sex couples. Legal, and the law firm of Munger Tolles are Cherokee Nation right to marry. when Michael filed for divorce, she attacked Sharon S. v. Annette F. representing Equality California and three Initial Victory! the validity of their ten-year marriage - and California same-sex couples who intervened in the Second Appeal Pending Florida Anti-Gay Ballot Lewis v. Harris Michael’s status as a legal parent to the cou- Victory! case to defend the validity of the rule. Initiative ple’s two children - based solely on Michael’s NCLR represents Dawn McKinley and Kathy New Jersey Sharon and Annette were in a committed Florida transgender status. In February 2003, Circuit Reynolds, a same-sex couple who are Appeal Pending relationship for many years and had two Trial Court Decision Pending Burrows v. ILWU Court judge Gerard O’Brien issued a ground- members of the Cherokee Nation. In May children together. Annette completed a In June 2002, Lambda Legal filed this California breaking decision holding that Michael was 2004, Dawn and Kathy were issued a marriage second-parent adoption of the older child NCLR, the ACLU, and Equality Florida filed a marriage equality lawsuit on behalf of seven Appeal Pending legally male, affirming the validity of the certificate by the Cherokee Nation and

10 11 marriage, and awarding Michael primary Etsitty v. Utah Transit who agreed to represent Luis pro bono with As a child in Mexico, Jorge suffered abuse, Davis v. Fleming High dents, and for middle school students who will harassment, and ridicule from family attend the South Los Angeles high school. custody of the couple’s two children. In July Authority assistance from NCLR. On November 22, School 2004, the Court of Appeal’s reversed Judge 2004, Luis was granted asylum by the San members and classmates because he was NCLR and the ACLU of Southern California were Tenth Circuit Florida O’Brien’s historic Order, Francisco Asylum Office. perceived to be gay. As a teenager, Jorge was joined by the law firm of Milbank, Tweed, Appeal Pending Victory! voiding the former couple’s marriage. The severely beaten by officers of the Mexican Hadley & McCloy LLP. The Gay-Straight appeals court sent the case back to the trial Despite having a spotless employment In re Mariella & Edit police force upon suspicion that he was gay. NCLR represented Kelli Davis, a senior at Alliance Network was also a plaintiff in the The officers yelled derogatory slurs at Jorge lawsuit. court to determine Michael’s parental rights. record, Krystal Etsitty, a transgender (Peru) Fleming High School, who was denied the as they threatened to kill him in order to “rid After hearing about the case, television woman, was fired from her job as a public Victory! right to appear in her senior yearbook celebrity Dr. Phil invited the couple to be on bus driver by the Utah Transit Authority the streets of fags.” An immigration judge because she wore a tuxedo rather than SPORTS (UTA), solely because UTA feared that On October 13, 2003, Mariella, a transgender denied Jorge’s application for asylum, based stereotypically feminine clothing. After on the Judge’s view that Jorge does not “look members of the public might be offended woman, and her wife, Edit, were attacked in receiving a demand letter from NCLR and Jennifer Harris gay.” Lambda Legal is representing Jorge by Etsitty’s transgender identity. A federal broad daylight on the streets of Lima, Peru by Equality Florida, the school board agreed to Pennsylvania before the Ninth Circuit. NCLR and the ACLU district court in Utah dismissed Etsitty’s a gang of youth who beat them with stones change its senior portrait policy, add sexual Complaint filed case, holding that federal laws prohibiting while yelling disparaging homophobic filed an amicus brief on his behalf. orientation to its non-discrimination policy sex discrimination do not protect transgen- comments. Although Mariella and Edit were for both students and teachers, distribute a NCLR sent a demand letter to Penn State der people. Etsitty is appealing this decision able to identify their attackers, government YOUTH copy of the new non-discrimination policy to Unversity on behalf of former Penn State to the Tenth Circuit. NCLR, Lambda Legal, officials refused to prosecute them. After all secondary school students, provide annual basketball star Jennifer Harris, alleging that and the ACLU filed an amicus brief supporting months of continued harassment and threats, Burrier v. St. Johns non-discrimination training that includes for nearly three decades Lady Lion’s basketball the couple fled Peru seeking safety in the Etsitty’s claim. County School Board sexual orientation to all faculty and staff, coach, Rene Portland, has engaged in anti-gay (left to right) Karen Doering, Sherry Kantaras, United States. Through the support of pro and provide diversity training that includes harassment and discrimination against players Michael Kantaras, and Dr. Phil bono counsel David Augustine and NCLR Florida sexual orientation to all junior high and high she suspects are lesbian. NCLR, along with Demand Letter Sent IMMIGRATION/ interpreter Noemi Calonje, Mariella and Edit school students in the district. Sharon McKee of Hangley Aronchick Segal & his show and encouraged them to mediate were granted asylum on September 9, 2004. ASYLUM NCLR represents High School senior Marissa Pudlin, also filed a complaint with the the case for the sake of the children. After Burrier who, along with several other stu- Pennsylvania Human Relations Commission on two all-day mediation sessions, the parties In re Shinegerel In re Vanessa dents, sought to start a Gay Straight Alliance Harris’s behalf, alleging race, gender, and sex- reached a settlement in which Michael retains (Mongolia) (Nicaragua) (GSA) club at Pedro Menendez High School in ual orientation discrimination. Despite Harris’ all of his parental rights and responsibilities Victory! Victory! St. Augustine, Florida. Although Menendez outstanding performance as a player during and will continue to share legal custody High School permits other non-curricular her two-year career at Penn State from 2003- with the children’s mother. In Mongolia, Shinegerel was arrested and In September 2003, Vanessa left Nicaragua student clubs, including the Christian Club 2005, Coach Portland interrogated Harris detained by the Mongolian police because and fled to the United States in search of and the Red Cross/Key Club, to meet on about her sexual orientation, she is a lesbian. In custody, Shinegerel In re Marriage of safety. Vanessa has identified as a lesbian campus, the school refused to allow a GSA repeatedly told her to change her appearance suffered severe physical abuse while being Simmons since she was 12. She grew up in Nicaragua, club at the school. NCLR is assisting the to be more “feminine,” and eventually told interrogated about her sexual orientation. Illinois where being lesbian or gay is still a criminal students at Menendez High School in other players not to associate with Harris. She was told that if she admitted to being a Loss offense. Because of Nicaragua’s strong challenging this unlawful discrimination. In March 2005, Coach Portland terminated lesbian, she would be sent to a psychiatric social and religious aversion to LGBT people, Kelli Davis dons a tuxedo for her yearbook Harris and the two other African American NCLR assisted Sterling Simmons, a hospital, and that if she denied it, she would she suffered harassment and ostracism by photo players from the team. At the time she was transgender father in Chicago. Sterling has Pinellas County Juvenile remain in prison. NCLR represented her family and peers. Vanessa believed she dismissed, Harris was among the Lady Lion’s lived his entire adult life as a male and has Shinegerel at her asylum office interview. had no choice but to endure a heterosexual Welfare Board Ramirez v. Los Angeles leaders in scoring, assists and steals. She has undergone medical treatment for sex-reas- She was granted asylum by the San relationship and suppress her feelings Florida Unified School District since transferred to James Madison University signment. He also had his birth certificate Francisco Asylum Office on March 15, 2005. toward women. Vanessa suffered repeated Victory! California where, because of Penn State’s unlawful delay changed to reflect his male gender. Sterling physical and emotional battering by her Victory! in giving her a release letter, as required by married in 1985. He and his wife had a child On February 7, 2005, a member of the Pinellas common law husband who abused her NCAA transfer rules, she must sit out the together in 1992 through alternative In re Luis County Juvenile Welfare Board issued a writ- because of her desire for independence and On October 28, 2004, NCLR and the ACLU of insemination. When Sterling filed for divorce (Mexico) ten memo stating that that GLSEN and PFLAG because he knew she is a lesbian. NCLR Southern California filed suit against the Los in 1998, his wife counter-petitioned to have Victory! “endorse unhealthy sexual practices among partnered with local attorney Betsy Allen Angeles Unified School District and their marriage declared void and to terminate youth, including sex between underage youth Luis, a 24 year old gay man from Mexico, and filed an asylum application on her Washington Preparatory High School for Sterling’s parental rights. All three and adults.” NCLR, acting on behalf of the suffered years of discrimination, harassment, behalf based on her gender and sexual discriminating against students based on therapists who evaluated the family found Gay, Lesbian and Straight Education Network ostracism, and exclusion from school, sports, orientation. On May 10, 2005, Vanessa was their sexual orientation. The students alleged the mother to be unstable and recommended (GLSEN) and Parents, Families and Friends of his family, and peers because of his sexual granted asylum in San Francisco, California. that administrators, teachers, and staff that Sterling be given custody. Despite these Lesbians and Gays (PFLAG), issued a demand orientation. Rather than protect him, police repeatedly called students derogatory anti- recommendations, the trial court gave letter insisting that the statements be officers in Mexico physically assaulted Luis on gay names and made anti-gay comments, custody to Sterling’s ex-wife and held that Soto Vega v. Ashcroft retracted. In response to NCLR’s demand numerous occasions. In August, 2003, Luis threatened to out students to their families, Sterling is not a legal parent, solely because Ninth Circuit letter, in May 2005, the Executive Director of left Mexico seeking safety in the United and failed to protect students from anti-gay he is transgender. In 2005, the Illinois Court Appeal pending the Board issued a public statement clarifying States. After months of unsuccessfully assaults. On June 28, 2005, the parties of Appeal affirmed the trial court judgment, that “neither of [GLSEN or PFLAG] endorse searching for legal representation, Luis On July 24, 2002, Jorge Soto Vega filed for reached a settlement that includes a compre- and the Illinois Supreme Court declined unhealthy sexual practices among youth, turned to NCLR for assistance. NCLR asylum based on persecution he suffered in hensive series of mandatory training sessions Jen Harris shoots the ball for Penn State Sterling’s request for further review. including sex between underage youth and contacted immigration attorney Kelly McCown Mexico because of his sexual orientation. for Washington Prep teachers, staff, and stu- 12 adults.” 13 2005-2006 season before she is eligible to of several school board members. In FIRST AMENDMENT FAIR v. Rumsfeld REPRODUCTIVE through “a pattern of racketeering activity.” play her junior and senior seasons. exchange for Coach Stephens’ agreement not United States Supreme Court NCLR joined an amicus brief to the United to pursue further legal action, the district Appeal Pending RIGHTS States Supreme Court supporting NOW’s Koebke v. Bernardo agreed to pay her the full value of her Christian Legal Society v. argument. The amicus brief was authored by two-year contract. NCLR has filed an amicus brief challenging Heights Country Club Kane Benitez v. North Coast NARAL Pro-Choice America and the law firm of California the Solomon Amendment with the United Paul, Weiss, Rifkind, Wharton & Garrison LLP. California Federal Court Women’s Care Medical Victory! Trial Court Decision Pending States Supreme Court. The Solomon EMPLOYMENT Amendment is a federal law that denies Group Birgit Koebke and Kendall French, a lesbian Like many public schools, the University of federal funding to a university if the California couple who have been domestic partners for California – Hastings Law School permits law Appeal Pending Coyne v. Bel-Aire university denies the military access to 12 years, sued the Bernardo Heights Country students to organize student groups that are recruit on campus, even if the university Lambda Legal represents Guadalupe Club for refusing to provide them with the Investments, Inc. eligible to apply for university funding for excludes other employers who discriminate Florida “Lupita” Benitez who was denied infertility same membership benefits given to group-related events. To be recognized as an on the basis of sexual orientation. The Forum Trial Court Decision Pending treatment by her Southern California health different-sex couples and for allowing other official student group, all student groups for Academic and Institutional Rights (FAIR), members to harass and insult them because must abide by the Hastings’ policy on care providers because she is a lesbian. The NCLR and cooperating attorneys Kendra the Society for American Law Teachers (SALT), of their sexual orientation. In August 2005, nondiscrimination. In 2004, the Christian trial court rejected the doctors’ claim that Presswood and Margaret Laney represent numerous law schools, and several individu- the California Supreme Court held that the Legal Society filed a lawsuit against Hastings they should be exempt from California’s Peter Coyne in a sexual harassment suit als have challenged the law. For more infor- state’s civil rights law requires businesses in alleging that the nondiscrimination policy nondiscrimination statute because they against his former employer. Peter alleges mation about the FAIR litigation, including all California, including country clubs, to treat violated the group’s First Amendment right have religious objections to serving lesbian that throughout his 14 months of of the case documents, see registered domestic partners the same as to discriminate against gay and non-Christian patients. The California Court of Appeal is employment, Don Winter, the President and http://www.law.georgetown.edu/solomon/fa married couples. Lambda Legal represented students. Representing Outlaw, the LGBT now reviewing that ruling. NCLR joined an owner of Bel-Aire investments, bullied, ircase.html. Koebke and French. NCLR, the Women’s student group at Hastings, NCLR and the law amicus brief in support of Benitez, along manipulated, and denigrated Peter and Sports Foundation, and the California firm of Heller Ehrman, White & McAuliffe with 14 other medical, civil rights, and com- subjected him to continued sexual Women’s Law Center filed an amicus brief intervened to defend the University’s policy. munity based organizations. harassment, including threatening to fire describing the history of discrimination The University is represented by Ethan Peter if he refused Winter’s sexual demands. against women by private golf clubs. Schulman of Howard Rice Nemerovski Canady Ayotte v. Planned When Peter finally did refuse any further Falk & Rabkin. Parenthood of Northern sexual contact, he was constructively Stephens v. Bloomberg discharged and then harassed and stalked New England School District United States Supreme Court by Winter. Peter is seeking damages to Dykes on Bikes Texas Appeal Pending compensate him for the lost wages and Trademark Trial and Appeals Board Victory! Settlement Reached Appeal pending severe mental anguish and emotional Planned Parenthood of Northern New distress he suffered as a result of Winter’s NCLR and attorney Michael Shirk from the NCLR and the Brooke Oliver Law Group repre- Rainbow flags fly in St. Augustine England sought a declaratory judgment that unrelenting harassment. National Education Association/Texas State sent the San Francisco Women’s Motorcycle the New Hampshire Parental Notification Teacher’s Association negotiated a settlement Contingent in an action to register the name Jensen v. St. Augustine Prior to Abortion Act is unconstitutional. The Florida on behalf of Merry Stephens, an award- Jespersen v. Harrah’s “Dykes on Bikes” with the U.S. Trademark and Act prohibits abortions for minors unless the Victory! winning teacher and basketball coach with Casino Patents Office (USPTO). The USPTO initially parents have been notified. Both the trial Bloomburg Independent School District in court and the Court of Appeal held that the Ninth Circuit rejected the application on the ground that NCLR, on behalf of Equality Florida and St. the small rural community of Bloomburg, Appeal Pending Act is unconstitutional. The case is now the term “Dykes on Bikes” is disparaging to Augustine Pride Committee, won the right to Texas. Coach Stephens was honored as a pending before the United States Supreme lesbian, gay, bisexual, and transgender fly rainbow flags over the historical Bridge of “Teacher of the Year” in 2004 and named NCLR and the Transgender Law Center filed an Court. The National Center for Lesbian Rights people. NCLR and the Brooke Oliver Law Lions in St. Augustine, Florida, for this year’s “Coach of the Year” in three of her five years amicus brief with the Ninth Circuit supporting joined an amicus brief to the United States Group then submitted extensive Pride celebration. The City denied the Pride as head coach of the Lady Wildcats basketball Darlene Jespersen, who was fired by Harrah’s Supreme Court urging the Court to affirm the documentation from activists, community Committee’s application to fly the flags for team. During her award-winning tenure, Casino after she refused to comply with a new decision below. The brief was authored by members, and scholars from across the three years in a row, even though the Pride Coach Stephens led the team to district, policy requiring female employees to adopt a Legal Momentum. country, demonstrating that the LGBT Committee met all of the City’s requirements. regional and semi-state championships, hyper-feminine appearance. Harrah’s new For the complete docket, community considers the name “DYKES ON To end this ongoing discrimination, NCLR breaking several school district coaching policy required all women to wear heavy go to BIKES” to be a positive, empowering and filed a lawsuit alleging that the City was Scheidler v. NOW records in the process. Stephens also received makeup applied in exactly the same way every affirming term. Despite this evidence, violating the First Amendment by excluding United States Supreme Court excellent teaching evaluations throughout day, to match a photograph held by the the USPTO again rejected the trademark the Pride Committee because the City Appeal Pending www.nclrights.org her tenure with the Bloomburg Independent supervisor. Jespersen is represented by application on the grounds that “the term disapproved of their pro-gay viewpoint. On School District. In December 2004, the Lambda Legal and Ken McKenna of Reno, The National Organization for Women (NOW) dyke is considered vulgar, offensive and/or June 7, 2005, the court ruled in NCLR’s favor For free assistance in English School Board initiated proceedings to Nevada. filed a lawsuit alleging that anti-abortion disparaging.” NCLR, the Brooke Oliver Law and issued an order permitting the Pride terminate Coach Stephens. The school board protesters had engaged in a nationwide and Spanish, call us at: Group, and the law firm of Townsend and Committee to fly rainbow flags on the bridge president testified under oath that the conspiracy to shut down abortion clinics (415) 392-6257 or Townsend and Crew LLP are appealing the during the city’s Pride Celebration. (800) 528-6257 board’s decision to terminate Coach Stephens decision to the Trademark Trial and Appeal was based on the personal anti-gay animosity Board.

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