On the Docket the Audacity to Fight for Justice

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

WINTER 2008

INSIDE THIS ISSUE:

NCLR, ACLU, and Lambda Legal Take Prop 8 to Court Five Stages of Grief Page 2 Denial, Anger, Bargaining, Depression, Acceptance. In the past five years, I’ve become more familiar than I would have liked with Elisabeth Kubler-Ross’s five stages of grief. In that time, both of my parents and my baby brother died, all too young—and in the case of my 40-year-old brother, completely unexpectedly. I’m not actually sure I’ve ever really made it to acceptance; rather, I seem to be in a permanent state of resignation. On the evening of November 4, right around the time favor of the right to marry for same-sex couples. We it was becoming November 5, I felt the wash of grief all built the largest coalition of business, civil rights, union, The need for an Inclusive over again. It felt much like when my family members and religious support of any ballot measure ever. But Federal Workplace Bill died: many others around my world are going on we lost, by a heartbreakingly narrow margin, and only Page 4 with their lives—in this case many of them ecstatic a full and honest evaluation of every aspect of the over the election of Barack Obama—yet I, and in this campaign can assure that we learn from our mistakes case, my No on Prop 8 family, are shell-shocked at the and we build on our successes. I am deeply, painfully passage of this unprecedented assault on the California sorry we lost, and I will be for a long time. Constitution and the rights of the LGBT community in The Anger-Blame stage, which led to some in our California. community to target people of color—particularly Since the passage of Prop 8, and similar constitutional African-Americans, based on unreliable numbers from amendments in Florida and Arizona, and an anti- a single exit poll—for being responsible for the passage adoption and foster care amendment in Arkansas, our of Prop 8, as well as the defacing of churches by a community has gone through a modified version of the handful of misguided folks, was the most desperate and five stages: Shock, Anger, Blame, Action, Resolve. difficult moment since the election. Targeting certain NCLR Receives Largest groups, fomenting an “us v. them” dynamic, threatens As one who was deeply involved in the No on Prop Estate Gift Ever from to do damage to cross-community work that many had 8 campaign, I have felt every wave of community Chris Hawkins spent years developing and nurturing. LGBT folks are in reaction, and the reverberations are continuing. I have Page 5 every community—every group has some of “us.” been asked very tough questions, accused of untold bad motives, and told I should resign. For my role in In addition, it now appears that the early exit poll the campaign, I have been thanked by many and called numbers showing that African-Americans voted for incompetent by others. (I will admit the Anger-Blame Prop 8 by 70% were flawed, and the number is likely stage has been brutal.) Just to be clear, every question much closer to 57%, and even that number has much should be asked, and every key campaign decision more to do with religious affiliation and age than with must be evaluated. In my view, we had an incredible, race. No one group is responsible for the passage of committed, and highly talented campaign team—both Prop 8—period. paid campaign experts and veteran volunteers. We The No On 8 campaign had support from not only the had a small army of dedicated field organizers and California NAACP, but from African-American pastors NCLR Project Updates volunteers who made defeating Prop 8 their life’s and elected officials all over the state. Many districts Page 6 work. We moved the California electorate—and every with strong African-American populations demographic within that electorate—by at least 12% in CONTINUED ON PG 12 nclrights.org On The Docket | WINTER 2008 NCLR, ACLU, and Lambda Legal Staff Updates Take Prop 8 to Court Christopher F. Stoll Joins NCLR Vanessa Eisemann Departs For Key Parenting Role as Senior Pro Bono Attorney Vanessa Eisemann, who most recently served as Senior Staff As soon as it was clear that Prop 8 would pass in California, NCLR, along Christopher F. Stoll, formerly of the law firm Heller Ehrman LLP, joins Attorney, recently left NCLR to stay home to care for her young with the ACLU and Lambda Legal, filed a writ petition with the California the staff as senior pro bono attorney with a focus on litigation and son Benji. “When you work for parenting rights the way we do, you Supreme Court seeking to invalidate Proposition 8. The groups asked that policy work. Over the past five years, Chris has assisted NCLR as appreciate it when someone decides to dedicate themselves to the state’s high court exercise its original jurisdiction over this issue because co-counsel on several major cases, including serving as a valuable raising a child full-time,” says Legal Director Shannon Minter. “We will of how important this issue is to all Californians. member of NCLR’s “Marriage Team” of attorneys. He also assisted miss Vanessa, but NCLR and our clients were fortunate to have the NCLR in representing Sharon Smith in the wrongful death case benefit of her many talents for more than two years—her strong brief The groups argue that Proposition 8 is principle of our constitution. It is a brought on behalf of her partner Diane Alexis Whipple. Chris attended writing skills and her broad knowledge of employment law. She will invalid because the California Constitution revision. The principle of equal protection Harvard Law School and lives in San Francisco with his partner. be missed.” does not permit the constitutional rights —protecting minority groups from of a minority to be stripped away by oppression by the majority—is central Staff Openings a simple majority vote. Article XVIII of to our constitution and our democratic the California Constitution establishes system of government. Proposition 8 NCLR Seeks Senior Staff Attorney for but matching work study funds may be available. Apply for summer two ways the state constitution can be would limit that fundamental principle of National Office in San Francisco positions by January 20. To apply, see www.nclrights.org/jobs. altered. Article XVIII provides that a equal protection for LGBT Californians Join our legal team and litigate for LGBT civil rights! NCLR seeks NCLR Seeks Development Intern substantial change to the principles or and undermines the very purpose of a highly skilled, enthusiastic, articulate and motivated Senior Staff NCLR’s Development Department is seeking a focused, computer- Attorney for its National Office in San Francisco. Major responsibilities basic structure of the constitution, which equal protection. It should not have been savvy, and motivated part-time or full-time unpaid Development include handling all aspects of litigation in precedent-setting cases; is called a “revision,” must be approved enacted by a simple majority vote. Intern to assist with all functions of the Development Department supervising staff attorneys on case management; writing briefs; by a two-thirds vote of the legislature, and in the National Headquarters Office in San Francisco, California. If the Court were to hold that Proposition analyzing potential legislation and policies; and advocating publicly then approved either by a constitutional Development Interns are needed throughout the year – we seek 8 is an amendment, rather than a revision, for LGBT rights. Minimum 5 years of experience. Full-time beginning candidates available for the summer or during the school year. convention or by a vote of the people. of the state’s constitution, it would open January 2009. Competitive non-profit salary and benefits. To apply, A less substantial change, called an The Development Intern works with the 5-person Development the door to step-by-step elimination of visit www.nclrights.org/jobs. “amendment,” can be enacted by a simple team, and reports directly to the Development Associate & Database rights from any minority group, destroying NCLR Seeks Summer Law Clerks majority vote of the people. Coordinator. Hours and length of internship are flexible. the state constitution’s fundamental equal NCLR seeks current law students to serve as full-time law clerks to Our case argues that the California protection guarantee. The Court should assist with national impact litigation, public policy, and educational This is a rare opportunity to gain experience and exposure to all Supreme Court should strike down find that Proposition 8 was improperly efforts. Clerks also handle legal information helpline inquiries under facets of non-profit fundraising, and will be an excellent résumé- builder. Anyone with an interest in non-profits, particularly Proposition 8 because it is, in fact, a passed as an amendment, and should supervision of staff attorneys. Positions are available in NCLR’s development and fundraising, would do well to apply. substantial change to a core underlying strike it down. National Office in San Francisco and in Los Angeles. Excellent communication and writing skills essential. Clerk positions are unpaid, Please contact [email protected] to apply.

BOARD OF DIRECTORS Lisa Cisneros, Esq. Cathy Sakimura, Esq. NATIONAL ADVISORY BOARD Angela Brown, Esq. Pride Law Fellow & Proyecto Poderoso Family Protection Project Coordinator Kate Clinton - NY Program Manager & Staff Attorney In Memoriam: Stacey Camillo, J.D. Yesenia Leon - FL Del Martin Calla Devlin Liz Seaton, Esq. Fiona Martin - CO Dora J. Dome, Esq., Treasurer Director of Communications Director of Projects & Managing Attorney On August 27, 2008, the LGBT community lost an iconic leader and for the movement against domestic Barbara Russo - NY Emily Doskow, Esq., Secretary Joshua Delgado Christopher F. Stoll, Esq. Eileen Scallen, Esq. - MN a beloved friend. Del Martin, 87, passed away in San Francisco. Martin violence. In 1995, Martin and Lyon Thelma Garza, J.D. Legal Assistant Senior Pro Bono Attorney Jill Schlesinger – NY was one of the nation’s first and most visible lesbian rights activists were named delegates to the Paula S. Jones, Esq. Iain Finlay Molly Tafoya Manager of Finance & Administration Lesley Weaver, Esq. - PA Kristina Militante Communications & Media Assistant who dedicated her life to combating homophobia, sexism, violence, White House Conference on Aging Kris Hermanns Michelle Ortiz Ilona Turner, Esq. and racism. Martin’s many contributions to the LGBT movement will by Senator Dianne Feinstein and Director of Development Staff Attorney NATIONAL ADVISORY COUNCIL Rachel Joyce Robasciotti, FP, Melissa Higuchi Roberta Achtenberg, Esq. - CA resonate for decades to come. Congresswoman Nancy Pelosi. In Vice-Chair of Policy Ming Wong, Esq. Development Assistant Helpline Attorney Carol Alpert - NY Donna Ryu, Esq., Co-Chair 2004, Lyon and Martin became Kate Kendell, Esq. Dena Zaldúa-Hilkene Susan A. Gore - TX In 1955, Del Martin and Phyllis Lyon were among the founders of Olga Talamante, Co-Chair the first same-sex couple to be Executive Director Manager of Annual Giving Joyce Hunter - NY the Daughters of Bilitis, the first lesbian rights organization. In 1956, Minna Tao Jody Marksamer, Esq. married in the state of California, Surina Khan - CA photo by Liz Mangelsdorf Staff Attorney & Youth Project Director 2008 LAW CLERKS they launched “The Ladder,” the first lesbian magazine, STAFF Phyllis Lyon & Del Martin - CA and subsequently became plaintiffs Shannon Price Minter, Esq. Summer which became a lifeline for thousands of women isolated Del Martin Lory Masters - TX Jennifer Barth Legal Director Yah Demann in the California marriage case Office Manager Raquel Matas, Esq. - FL and silenced by the restrictions of the era. Del Martin was Diana Feliz Oliva Daniel Ediger helping to ensure the fundamental right to marry under the California Leanna Blankenship Proyecto Poderoso Community Worker Trenton Lamere Nancy Polikoff, Esq. - DC the first openly lesbian woman elected to the board of the National Development Associate & Database Coordinator Constitution for all couples, including same-sex couples. Eleanor Palacios M’Alyssa Mecenas Ruthann Robson, Esq. - NY Organization of Women (NOW), and in 1971, encouraged the board Noemi Calonje Events Manager Dana O’Day-Senior Abby R. Rubenfeld, Esq. - TN Immigration Project Director to pass a resolution stating that lesbian issues were feminist issues. After the landmark decision by the California Supreme Court on May Joyce Pierson Jacob Richards Carmen Vazquez - NY Helen J. Carroll Elder Law Project Consultant Heather Sarver Lesbian/Woman by Martin & Lyon, published in 1972, was a landmark 15, which ruled that the ban on marriage for same-sex couples was Sports Project Director Melanie Rowen, Esq. book that described lesbian lives in a positive way—virtually unknown unconstitutional, Phyllis and Lyon were the first couple, again, to be Azael Chávez Laría Staff Attorney Fall Project Assistant Trenton Lamere at the time. In 1976, Martin wrote Battered Wives which was a catalyst married. They got married on June 16, 2008 after 55 years together. Alicia Virani 2 3 nclrights.org On The Docket | WINTER 2008 The Need for an Inclusive Youth Project Update NCLR Receives Largest Estate Gift Ever from Chris Hawkins Federal Workplace Bill Did you know that 14% of young women in halls, this study also indicates that they are Chris Hawkins’ support of NCLR was deliberate and steady. She told me when we first met 5 years ago that our juvenile halls across the country identify as drawn into the system for different reasons “work on behalf of LGBT youth and the most vulnerable in our community meant everything to her, and that she would lesbian, bisexual, or questioning? According than their peers. For example, 40% of LGBTQ always make NCLR a priority in her giving. Obviously, I was very grateful, but little did I know what she really meant. I was to the preliminary findings of a new study, youth surveyed, had been held in juvenile shocked and so sad to hear of Chris’ untimely death. We will attempt everyday to honor the legacy that this gift demands a full 10% of the over 1,000 young people detention for running away from home, as and to hold high the vision of Chris for our work. I wish she could be here to see what we accomplished in the months in juvenile halls who were surveyed in five compared to only 13% of heterosexual youth. since her death. But as I think about it, it seems she has been with us all along. Thank you, Chris. diverse counties are not heterosexual. And LGBTQ youth were six times as likely to have been held in detention for engaging in – Executive Director” Kate Kendell For the past year, the NCLR Youth sexual activity as their peers in detention. The Project has served as a consultant to this study also verified that many LGBTQ youth NCLR Friebe Legacy Circle member, Chris by many devoted friends, including longtime groundbreaking study conducted by the Hawkins, passed away on February 26, NCLR supporters. have been harassed at school or expelled, Ceres Policy Institute and funded by the 2008 after losing a courageous year-long and many have lived in group homes or been Annie E. Casey Foundation. Not only are battle with metastatic lung cancer. Her gift A legendary San Francisco mortgage broker, homeless. LGBTQ youth overrepresented in juvenile of $1,000,000 is NCLR’s largest estate gift to Chris was respected and adored by peers and clients alike. Her lightning-fast mind, NCLR continues to engage in the national date. We mourn her passing and salute her fierce command of calculations, and razor conversation on protecting LGBT people courage and commitment to LGBT civil and sharp wit left an indelible impression on from workplace discrimination. Last human rights with her legacy of justice. everyone who knew her. She was viewed by year, LGBT groups across the country This incredible gift will be invaluable to many as a powerhouse in a small package. rallied to pass an Employment Non- NCLR’s legal programs and services and our Discrimination Act (ENDA) in Congress clients. Following Chris’ wishes, we will use Chris loved nature, hiking, long walks with that included protections based on sexual this gift as a legal emergency fund. Each her dogs, and meaningful moments with orientation and gender identity. That bill year for the next five to ten years, NCLR will friends. She had a wonderful eye for home failed to pass, but many are determined identify a key case, issue, project, or area of renovating. Her generosity knew no bounds. A loyal friend, Chris would do anything to to see this legislation through. NCLR is the country where an extra investment of our bolster and support those she loved. She was particularly focused on building support legal and program resources could result in a devoted daughter who took great care of in congressional districts for an inclusive significant, permanent change. This kind of legal resource fund gives NCLR the agility her mother. It is a tragic loss that they both bill that includes both sexual orientation and flexibility to infuse additional resources passed away within weeks of each other. and gender identity – in fact, we are hiring into high priority battles that will accelerate a senior organizer to work specifically on “Equity Project” Three Year Safety and Dignity in Juvenile Chris had an incredibly strong life force. She the pace of change in this country. this priority. Study on Juvenile Courts Facilities was captivated by the search for truth within Born July 19, 1952, Chris grew up in herself and others. It was her life’s pursuit to Additionally, NCLR staff presented Once in the juvenile justice system, LGBT To help ensure that LGBTQ youth are safe live with compassion and love well. It was Chris Hawkins Connecticut. She is survived by her brother workshops at the 2008 National youth are often subject to unfair treatment. in juvenile justice facilities, NCLR recently William, and her partner, Jo Sandry, as well as her wish that we should all follow our hearts. Equal Opportunity Professional To counter these problems, NCLR helps submitted comments on behalf of the NCLR hopes to do Chris proud. Development Forum sponsored by individuals and their attorneys on a case-by- Equity Project on the National Prison the U.S. Department of Labor, and at case basis. For example, we recently helped Rape Elimination Commission’s (NPREC) the American Bar Association (ABA) a mother and her attorney to obtain the “Standards for the Prevention, Detection, NCLR Secures Asylum for Five Clients this Fall Conference on Labor and Employment release of a lesbian youth from juvenile hall Response, and Monitoring of Sexual Five of NCLR’s clients were granted asylum in NCLR also recently secured asylum for Barbara, NCLR was also able to obtain asylum on behalf Law. The latter focused on how the whom the court had improperly detained Abuse in Juvenile Facilities.” Some of our the U.S. in September alone. Four had been a transgender woman from El Salvador. of Martin, an HIV+ gay man from Mexico. Martin as a way to prevent her from seeing her recommendations include: employment and labor law landscape has subjected to violence, discrimination, and Barbara was abused throughout her childhood was physically and emotionally abused by his changed to include the LGBT community, girlfriend. • expanding the list of vulnerable persecution in their home countries simply by family, neighbors, and classmates because father because he didn’t “act like a boy” and including changes to Title VII coverage, At the same time we also focus on making populations to include youth perceived because of their sexual orientation or gender she was too feminine. When Barbara turned 18, when his father found out that Marvin was recent same-sex sexual harassment broad reaching policy and practice to be LGBTQ, identity. One sought refuge here because of his she began gay, his father beat him, verbally abused him claims, and expanding benefits for LGBT HIV status. These are the kinds of cases where “So many people fear to live as and then kicked him out of the house without change. NCLR and our “Equity Project” employees. A key point addressed was • expanding the definition of sexual abuse legal help can make a life-saving difference. a woman, allowing him to take any belongings. He was 15 partners, Legal Services for Children and even applying because the harmful impact of sex stereotyping to include the kind of abuse to which and was years old and left with nothing. The harassment the National Juvenile Defender Center, will The first is NCLR’s youngest asylum client to of the anti-immigrant and gender identity discrimination. LGBTQ youth are often subjected, kidnapped only got worse when people in his community soon release findings from a three year date. Alejandra, an 18-year-old transgender sentiment they feel and found out about his sexual orientation. In 2005 woman from Guatemala, was attacked in her NCLR continues to work on public study examining the issues affecting LGBT • ensuring that the standards do not assaulted. he left Mexico and came to the United States hometown when local leaders decided she here. ” education about the need for an inclusive youth in delinquency courts and identifying discriminate on the basis of sexual After the where he applied for asylum and his application should be killed before she could “contaminate non-discrimination bill, but we need obstacles to fair treatment. The report will orientation or gender identity, — Noemi Calonje, incident, was granted in September 2008. the community.” Fearing for her life, she Immigration Project Director your help. Please contact your U.S. include concrete recommendations to ensure Barbara • encouraging safe and appropriate headed for the United States, walking most of The fourth victory was won on behalf of fairness and respect in juvenile courts. Watch fled to the United States where she contacted senator and representative to arrange for placements for transgender youth, the way and not resting until she reached U.S. Angelica, a young lesbian from Mexico whose NCLR for legal aid with the help of her case in-district meetings to educate them on for the report’s release in early 2009. soil. With the help of EL/LA for TransLatinas, family raised her with the expectation that she • and advising facilities on how to protect manager at the Mission Neighborhood Health the need for an inclusive federal law. she found her way to NCLR’s doorstep to would get married and have children. Her family Center and was granted asylum in September the privacy and dignity of each youth. begin her application for asylum. Alejandra was 2008. CONTINUED ON PG 12 4 granted asylum in September 2008. 5 nclrights.org On The Docket | WINTER 2008

Family Protection Project Update NCLR Active Cases FAMILIES & PARENTING NCLR, along with local family law attorney Because they adopted their daughter from Knowledge is power—unfortunately, many statewide is not enough. Getting information Leslie Talbot, of Leslie M. Talbot, P.A., India, which does not allow unmarried couples LGBT parents don’t have the resources and the into the hands of individuals and their attorneys Demers v. Zupancic represented L.E. in her suit for custody and to adopt, only Janice adopted the child, but she information about their legal rights because can make the difference between parents Pending | Colorado visitation in the trial court. In February 2008, and Margaret raised their daughter together. the law differs from state-to-state, and it keeps keeping or losing custody of their children. Marilynn Zupancic and her former partner a Florida trial court refused to recognize the When their daughter was 7, Margaret and changing. It’s even more difficult for people with Our Family Protection Project helps to ensure Dianne were together for 30 years and planned second-parent adoptions the couple had Janice separated and Janice refused to allow lower incomes who cannot afford attorneys that legal victories benefit all LGBT families, on spending the rest of their lives together. completed in Washington, and held that L.E. Margaret to see their daughter. An intermediate who understand the LGBT legal landscape in regardless of income. We reach out with Although they could not legally marry in their has no legal relationship to her older daughter. appellate court found that Margaret has a their home state. We’re working to change that. resources and assist families who cannot afford home state of Colorado, Marilynn and Dianne NCLR, along with pro bono appellate attorneys parent-child relationship with her daughter Recently, NCLR received a call from a low- to pay for legal help to findpro bono attorneys. were partners in every respect. Marilynn, a from Carlton Fields, are appealing the decision. and granted visitation, but did not find that income father who was in danger of losing In partnership with NCLR’s own Proyecto teacher, supported Dianne while she was in We filed our reply brief in the Florida Court of Margaret could be eligible to receive full custody of his children to his ex-wife simply Poderoso, Lambda Legal, Los Angeles Gay and graduate school, and they took out a mortgage Appeals in October of 2008. Oral argument custody. Janice appealed the visitation order, because he is gay. Thanks to a legal victory in Lesbian Center, the Sylvia Rivera Law Project, on their home so that Dianne could pay off her has been set for January 13, 2009. and Margaret appealed the custody order. his state, a parent cannot be denied custody and other organizations, this Project leads school loans. When Marilynn retired, she chose Maryland’s highest court, the Court of Appeals, based on sexual orientation. But this man could trainings and strategy discussions on addressing to receive lower retirement benefits during In re J.D.F. affirmed the custody order and reversed the not afford an attorney and did not know, until he issues of race and class in LGBT communities. her lifetime in order to make sure that Dianne, Pending | Ohio visitation order. The Court of Appeals reversed contacted us, that the law clearly stated that the who is several years younger, would continue the intermediate appellate court’s recognition For more information, please visit: T.F. and D.F., a lesbian couple, planned together type of discrimination he was facing was illegal. to receive payments after Marilynn passed of Margaret’s parent-child relationship with www.nclrights.org/familyprotectionproject to have a child, J.D.F. D.F. gave birth to their away. But in 2007, their relationship ended. If her daughter and ruled that Maryland does In this one case—and in too many others—a child. In order to protect the child’s relationship Marilynn and Dianne had been married, the not recognize as parents persons who are not legal victory that positively affects family law with both parents, the couple entered into law would have protected Marilynn, who could related to a child through biology or adoption. a court-approved joint custody agreement. have been awarded payments from Dianne’s The court sent the case back to the trial court Several years after they had signed the future income or earnings. But instead, Marilynn for a determination of whether there are agreement, T.F. and D.F. separated and agreed was left with reduced retirement benefits, “extraordinary circumstances” sufficient to to share custody of their child. But in 2004, Sports Project Update costing her hundreds of dollars per month allow Margaret to continue to have visitation Ohio’s anti-gay constitutional amendment and providing Dianne with $200,000 worth with her daughter even though Margaret is NCLR is at the forefront of LGBT issues in Panel—a diversity leadership initiative—for and expression non-discrimination policy. excluding same-sex couples from marriage of payments in the future, and the mortgage not recognized as a parent under Maryland sports. We’re working with the San Francisco the next two years. This groundbreaking state policy reads: was passed. D.F. began to prevent T.F. from on the home where she still lives. At the trial law. NCLR submitted an amicus brief to the seeing their child, arguing that the amendment 49ers on increasing diversity, the Women’s “Fundamental fairness, as well as most local, court, Marilynn asked for the fair market value intermediate court of appeals with co-counsel Our conversation on “Finding Common invalidated their shared custody order. In Basketball Coaching Association on religion state, and federal rules and regulations, of the death benefit and to be compensated the ACLU and the Public Justice Center Ground: A Conversation Among Lesbians, January 2007, a judge ruled that a custody and sexual orientation, and the Washington requires schools to provide intersex and for repaying Dianne’s school loans. Instead, supporting Margaret. NCLR also submitted an Christians, and Christian Lesbians” held at the agreement between two lesbian parents can be State Human Rights Commission and transgender student-athletes with equal the trial court ordered Marilynn to pay Dianne amicus brief supporting Margaret to Maryland’s Women’s Basketball Coaching Association’s valid and enforceable despite Ohio’s anti-gay the Washington Interscholastic Activities opportunities to participate in athletics. for her equity in the home. This case is a stark highest court on behalf the University Of annual conference during the NCAA amendment. The case is now on appeal. Association (WIAA), with a goal of leveling This policy creates a framework in which reminder of the difficulties faced by LGBT Baltimore School of Law Family Law And Basketball Final Four tournament, was so the playing field for LGBT athletes. this participation may occur in a safe and people whose relationships are not recognized T.F. is represented by Lambda Legal. NCLR, Family Mediation Clinics. successful that it is being expanded at the healthy manner that is fair to all competitors.” by their government and of the need for equal along with Robert Eblin of Bailey Cavalieri, With the 49ers, Olga Talamante, the 2009 conference. Karen Atala Riffo v. Chile The WIAA is a member of the National protection under the law. submitted an amicus brief in support of T.F., Executive Director of the Chicana/Latina providing a national overview of the law and Pending | Inter-American Human NCLR is also thrilled to announce that the Federation of State High School Associations NCLR is representing Marilynn on appeal, Foundation and an NCLR Board Co-Chair, showing that like Ohio, many other states WIAA—Washington State’s organization and this policy will serve as a model for other together with Matthews & Matthews, P.C. Rights Commission joins NCLR’s Sports Project Director Helen enforce custody agreements. for high school and middle school states. On May 31, 2004, Karen Atala Riffo, a Chilean Carroll on the 49ers Community Advisory L.E. v K.R. athletics—has adopted a gender identity Donna Jones, et al. v. San Joaquin judge, lost custody of her three daughters for Appeal Pending | Florida Community Hospital the sole reason that she is a lesbian and living L.E. and K.R. had two children together. Each Victory! | California with her female partner. The Supreme Court was the biological mother of one child, and of Chile based its decision on inaccurate and When Donna and Sharolyn brought their 9-year each adopted her non-biological child through unfounded speculation about lesbian parents. Proyecto Poderoso/Project Powerful Expands With New Community Worker old daughter to the emergency room, hospital a second-parent adoption in Washington staff refused to honor the daughter’s request to With no recourse left in Chile, Ms. Atala took , the collaborative CRLA. Diana is a transgender woman State, where they lived. The couple moved to Proyecto Poderoso have both mothers with her and even physically her case to the Inter-American Human Rights Florida, and their relationship ended several effort by NCLR and California Rural Legal and first-generation Mexican American blocked Donna from visiting her daughter. After Commission in Washington, D.C. NCLR, along years later. They entered into an agreement Assistance (CRLA) provides LGBT people who grew up in California’s Central Valley, NCLR advocated on Donna and Sharolyn’s with the New York City Bar Association, Human and successfully shared equal custody and of rural California with legal information, periodically worked in the agricultural behalf, the hospital agreed to revise its non- Rights Watch, International Gay and Lesbian visitation with both children until K.R. broke the advice, and representation, moves into fields through her late teens, and recently discrimination policies, train its staff, and issue a Human Rights Commission, International agreement. Although the children had been its second year with strength and focus. graduated from Columbia University’s letter of apology to Donna, Sharolyn, and their Women’s Human Rights Law Clinic at the City raised together all of their lives, K.R. decided University of New York, Lawyers for Children, We are thrilled to expand the reach Masters in Social Work program. Generous daughter. that she would raise her biological child by Inc., Legal Aid Society of New York, and Legal of Proyecto Poderoso with the hire of support from the Bohnett Foundation has herself, and that L.E. would raise L.E.’s biological Margaret K. v. Janice M. Momentum, filed anamicus brief in support of community worker, Diana Feliz Oliva, made this project expansion possible. child. K.R. unilaterally cut off all contact with Loss | Maryland Ms. Atala, arguing that the Court’s decision is who will work from the Fresno office of L.E. and has refused contact between the contrary to the weight of international authority. children. Margaret K. and Janice M. adopted a daughter Ms. Atala’s case remains pending before the during their committed relationship of 17 years. 6 Diana Feliz Oliva Commission. 7 nclrights.org On The Docket | WINTER 2008

HEALTHCARE The Board of Immigration Appeals originally expertise of Chelsea Haley-Nelson, one of detained by the Phoenix police and deported In re Marriage Cases Reynolds and McKinley Benitez v. North Coast Women’s upheld the Immigration Judge’s decision, and our volunteer attorneys, successfully secured to Mexico. Vicky sought out her family, hoping Victory! | California Pending | Cherokee Nation S.K. appealed those initial rulings to the Eighth asylum in September 2008. for reconciliation, but instead her brothers beat Care Medical Group Circuit Court of Appeals. After reading briefs her. Vicky remained in Mexico for eight months, NCLR was lead counsel on behalf of same-sex NCLR represents Kathy Reynolds and Dawn Victory! | California submitted to the Eighth Circuit by S.K. and In re Alejandra but she was often beaten, ridiculed, and couples, Equality California, and Our Family McKinley, a same-sex couple who are members Coalition in , the California of the Cherokee Nation. In May 2004, Reynolds The California Supreme Court has held that NCLR, the government took the unusual step of Victory! | Guatemala threatened, and a fruit stand she had opened In re Marriage Cases marriage equality case. and McKinley obtained a marriage certificate medical practices must comply with the state’s requesting that the case be remanded back to was destroyed. She returned to the United Alejandra is an 18-year-old transgender woman from the Cherokee Nation and married shortly civil rights laws prohibiting discrimination based the Board of Immigration Appeals so that the States and applied for asylum, with the help of In April 2005, San Francisco Superior Court from Guatemala who has struggled from a thereafter. The next month, another member of on sexual orientation and therefore cannot Board could clarify its decision. NCLR helped NCLR and pro bono attorneys at the law firm Judge Richard A. Kramer ruled in favor of the very young age to have her family accept her the Cherokee Nation filed a petition seeking to deny treatment to patients based on their to organize a number of other LGBT, HIV/AIDS, of Hanson Bridgett LLP. As of 2008, Vicky has couples, holding that California’s exclusion of for who she is. When Alejandra’s father found invalidate Reynolds and McKinley’s marriage. sexual orientation. Guadalupe “Lupita” Benitez and immigrant-rights groups, including the been waiting for her asylum decision for over same-sex couples from marriage discriminates out that she identified as a girl, he chose to NCLR successfully defended Reynolds and was denied infertility treatment by her Southern National Immigrant Justice Center, Immigration two years. on the basis of sex and violates the fundamental abandon the family leaving Alejandra’s mom McKinley before the Cherokee high court. Two California healthcare providers because she is Equality, the ACLU, AIDS Legal Council of right to marry. to support their two kids alone. Alejandra also days later, various members of the Cherokee a lesbian. The trial court rejected the doctors’ Chicago, and International Association of In re M.Q. faced daily verbal and physical attacks. When On November 13, 2006, the California Court of Nation Tribal Council filed a new action seeking claim that they should be exempt from Physicians in AIDS Care to submit a joint Victory! | Mexico local leaders decided she should be killed Appeal overturned Judge Kramer’s ruling in a to invalidate Reynolds and McKinley’s marriage. California’s anti-discrimination statute because amicus brief in support of S.K. to the Board of before she could “contaminate the community,” M.Q. is a native and citizen of Mexico. When 2-1 decision, saying that California may continue In December 2005, the high court dismissed they have religious objections to serving lesbian Immigration Appeals on July 31, 2008. Alejandra’s mother put her daughter in a bus M.Q. was a child, his father often accused him to bar same-sex couples from marriage. On this second challenge to their marriage. In patients. On December 5, 2005, the Court of out of Guatemala. Fearing for her life, she of being a “sissy,” and as he grew up, M.Q. was December 20, 2006, the California Supreme January 2006, the Court Administrator, who Appeal reversed and held that the doctors In re Angelica headed for the United States, walking most of physically assaulted many times by his family, Court unanimously granted review. Oral is responsible for recording marriage licenses, must be given an opportunity to demonstrate Victory! | Mexico the way and not resting until she reached U.S. peers, and police because he was gay. One argument was held on March 4, 2008. On May filed a third lawsuit challenging the validity of that their refusal to treat Benitez was not based Angelica was born in Mexico City to a family soil. With the help of EL/LA for TransLatinas, gang of teenage boys who had beaten M.Q. 15, 2008, the California Supreme Court issued the couple’s marriage. NCLR is now defending on her sexual orientation. Benitez appealed that raised her with the expectation that she found her way to NCLR’s doorstep to begin threatened him and told him that if they ever a historic decision in which Reynolds and McKinley’s marriage against this the decision to the California Supreme Court, In re Marriage Cases she would get married and have children. her application for asylum. With the assistance saw him again, they would kill him. In December challenged the constitutionality of state laws third, and hopefully final, challenge. NCLR has and NCLR filed an amicus brief in support of Her family was also strictly controlling and of Cara Jobson, attorney of counsel to NCLR, 2003, M.Q. encountered them again and barely that discriminate against same-sex couples in moved to dismiss the case, and is awaiting a Benitez, who was represented by Lambda abusive. She was not permitted to participate Alejandra was granted asylum in September escaped alive. M.Q. fled Mexico, and arrived marriage. ruling from the Cherokee Nation District Court. Legal. in any activities outside of the home and was 2008. in the U.S. under a work visa in January 2004. On June 4, 2008, the California Supreme Court In a unanimous opinion issued on August 18, physically abused throughout her childhood. Although he was afraid to return to Mexico, Strauss v. Horton also denied all petitions for rehearing of the 2008, the California Supreme Court reversed When a rumor spread at her school that she John Doe v. Alberto Gonzales M.Q. went back once in May 2005 to see his Pending | California case, and ordered that its decision from May the Court of Appeal, and upheld the trial had been spotted kissing a girl, in addition Pending | Egypt eldest sister, who was dying. M.Q. re-entered 15 become final on June 16, 2008 at 5 p.m., On November 5, 2008, NCLR, along with the court’s original decision. The Supreme Court to being terrified of her family’s reaction, the United States in August 2006, and applied John Doe, a gay man from Egypt, applied for clearing the way for same-sex couples to begin ACLU and Lambda Legal, filed a writ petition held that non-discrimination laws regulate Angelica began facing regular harassment for asylum with help of NCLR. After 2 years of asylum based on persecution he suffered in applying for marriage licenses and marrying on with the California Supreme Court seeking discriminatory conduct, not speech or beliefs, and even physical assaults by classmates and waiting, M.Q. was granted asylum in September Egypt because of his sexual orientation, as well June 17, 2008. to invalidate Proposition 8. The groups asked and that medical providers cannot violate those men from her neighborhood. After a young 2008. as fear of future persecution if he were forced that the state’s high court exercise its original laws based on asserted religious objections to gay man from the neighborhood was viciously NCLR’s co-counsel in the case were Heller to return to Egypt. The Immigration Judge jurisdiction over this issue because of how providing services to LGBT people. murdered, Angelica fled to the U.S. Eventually, MARRIAGE Ehrman LLP; Lambda Legal; the ACLU; and the and Board of Immigration Appeals denied his important this issue is to all Californians. she found her way to a shelter where she got in Law Office of David C. Codell. The opposition’s petition for rehearing was application. In Egypt, gay men are frequently Bennett v. Bowen touch with NCLR, the Women’s Building, and The groups argue that Proposition 8 is invalid denied in October 2008. arrested and subjected to brutal physical . With NCLR’s help Denial | California Instituto Familiar de la Raza mistreatment for private, non-commercial, Kerrigan & Mock v. Connecticut because the California Constitution does not and guidance, she filed for asylum and it was consensual adult sexual conduct. NCLR, along In June 2008, three California voters and Department of Public Health permit the constitutional rights of a minority IMMIGRATION granted in September 2008. with the International Gay & Lesbian Human Equality California, an organization dedicated Victory! | Connecticut to be stripped away by a simple majority vote. In re S.K. Rights Commission, filed an brief in to protecting the civil rights of LGBT people, Article XVIII of the California Constitution In re Barbara amicus The Connecticut Supreme Court has ruled Pending | Pakistan support of Doe’s eligibility for withholding of filed a lawsuit in the California Supreme Court establishes two ways the state constitution Victory! | El Salvador that the state cannot exclude lesbian and removal and relief from removal under the to remove Proposition 8 from the November can be altered. Article XVIII provides that a S.K. is a gay Pakistani man seeking asylum gay couples from marriage. It found that the Born male in El Salvador, Barbara was United Nations Convention Against Torture and ballot. Proposition 8 was a measure to change substantial change to the principles or basic and withholding of removal because he fears exclusion impermissibly discriminated on the abused throughout her childhood by family, Other Cruel, Inhuman, or Degrading Treatment the California Constitution to eliminate the right structure of the constitution, which is called a persecution based on his sexual orientation basis of sexual orientation. The court held that neighbors, and classmates because she was or Punishment. to marry for same-sex couples. The lawsuit “revision,” must be approved by a two-thirds and HIV status. Under Pakistani law, being the state’s civil union system for same-sex “too feminine.” When Barbara turned 18, she argued that the proponents of Proposition 8 vote of the legislature, and then approved either gay is punishable by death and LGBT people couples was inherently unequal because civil began to live as a woman, but she still suffered In re Vicky did not follow the appropriate rules for revising by a constitutional convention or by a vote of are forced to live in secrecy and constant fear unions do not provide the same dignity, stature, frequent harassment and violence. In one Pending | Mexico the California Constitution. the people. A less substantial change, called of exposure. The Immigration Judge ignored and respect as marriage. instance, Barbara and her boyfriend were an “amendment,” can be enacted by a simple the serious risk of persecution that S.K. faces Vicky is a young transgender woman from The California Supreme Court issued an order viciously beaten outside of a club. Barbara was The plaintiff couples were represented by Gay majority vote of the people. and denied his application for asylum. The Mexico. Throughout her childhood, Vicky’s on July 16, 2008, denying the petition to kidnapped and taken to an isolated area where and Lesbian Advocates and Defenders and judge held that S.K., who is HIV positive, and family and the people in her small town remove Proposition 8 from the ballot prior to Our case argues that the California Supreme she was physically and sexually assaulted. Maureen Murphy of Murphy, Murphy, Nugent was in a committed relationship with a man in attacked her for her femininity. When she the election. Court should strike down Proposition 8 After the kidnapping and assault, Barbara in New Haven; Kenneth J. Bartschi of Horton, Minnesota, could avoid persecution by hiding was 16, Vicky came home from school to find because it is, in fact, a substantial change to a lived in constant fear, and finally fled to the NCLR’s co-counsel in the case were Heller Shields & Knox in Hartford; and the Connecticut his sexual orientation, marrying a woman, and that her parents had abandoned her. She core underlying principle of our constitution. It U.S. She applied for a visa, but her application Ehrman LLP; Lambda Legal; the ACLU Civil Liberties Union. NCLR filed anamicus brief having children. The Immigration Judge also came to the United States in 1994, in order to is a revision. The principle of equal protection was denied. Her case manager at the Mission Foundation of Northern California; the ACLU with other civil rights groups supporting the failed to recognize that S.K.’s traumatizing escape from the hostility in her community protecting minority groups from oppression Neighborhood Health Center put Barbara Foundation of Southern California; and the Law couples’ right to marry. diagnosis of HIV that had progressed to AIDS and to make a new life for herself. In 1997, she by the majority is central to our constitution in touch with NCLR and, with our help and Office of David C. Codell. understandably delayed his filing. began living as a woman. In 2003, she was

8 9 nclrights.org On The Docket | WINTER 2008

and our democratic system of government. by the Hastings’ policy on nondiscrimination. the government has about higher government team’s Director of Basketball Operations, for six medical testimony, Spencer is entitled to on religion, race, disability, gender, and sexual Proposition 8 would limit that fundamental In 2004, the Christian Legal Society (CLS) filed officials who set and oversee policies that years. Despite Sulpizio’s and Bass’s record of receive female hormone therapy while her orientation. principle of equal protection for LGBT a lawsuit against Hastings alleging that the violate people’s rights. What the Supreme leadership of the women’s basketball program, case is being decided. Judge Williams held NCLR clients Equality California and the Gay- Californians and undermines the very purpose nondiscrimination policy violated the group’s Court decides in Iqbal can affect future cases Mesa officials unlawfully fired both coaches that “gender identity disorder, left untreated, Straight Alliance Network became involved in of equal protection. It should not have been First Amendment right to discriminate against brought by LGBT people, especially with regard at the close of the 2007 academic year after is a life-threatening mental health condition.” the case in order to defend and protect the anti- enacted by a simple majority vote. LGBT and non-Christian students. NCLR to how much information about an official’s they advocated for equal treatment of female On September 7, 2007 Judge Williams denied discrimination laws. In January 2008, shortly and the law firm of Heller Ehrman LLP are involvement plaintiffs must include in their first student-athletes and women coaches, and a motion for reconsideration and again held If the Court were to hold that Proposition 8 is an after NCLR and our co-counsel filed anamicus representing Outlaw, the LGBT student group filings with a court. following publication in a local paper of an that Spencer must receive hormone therapy. amendment, rather than a revision, of the state’s brief asking the court to dismiss the lawsuit, the at Hastings, which has intervened to defend the article identifying Sulpizio and Bass as domestic Because there are so few decisions addressing constitution, it would open the door to step- The brief was submitted by the National anti-LGBT organizations voluntarily withdrew University’s policy. The University is represented partners. NCLR and the law firms of Boxer & this important issue, this is a tremendous victory by-step elimination of rights from any minority Campaign to Restore Civil Rights and the Allard their federal case. Soon after, in March 2008, the by Ethan Schulman of Howard Rice Nemerovski Gerson, LLP and Stock Stephens, LLP represent that may pave the way for other transgender group, destroying the state constitution’s K. Lowenstein International Human Rights anti-gay organizations filed a similar lawsuit in Canady Falk & Rabkin. the two coaches in their lawsuit against Mesa prisoners who are being denied medically fundamental equal protection guarantee. Clinic – National Litigation Project at Yale Law California state court. NCLR and our co-counsel Athletic Director Dave Evans, San Diego Mesa necessary care. Currently attorneys are The Court should find that Proposition 8 was On April 17, 2006, United States District School on behalf of NCLR, the Equal Justice filed anamicus brief in June 2008 supporting College, and the San Diego Community College negotiating a settlement agreement which will improperly passed as an amendment, and Court Judge Jeffrey White ruled in favor of Society, the Mexican American Legal Defense the California Attorney General’s motion to District. Recent high profile Title IX jury verdicts include a new IDOC policy statement on the should strike it down. Hastings and Outlaw, rejecting the Christian and Education Fund, the National Law Center dismiss the case. A hearing is scheduled in the and settlements at Penn State, California State care and treatment of prisoners who have GID. Legal Society’s arguments that the school’s on Homelessness and Poverty, the National Superior Court of California, County of San As of November 11, 2008, 19 organizations University, Fresno, and University of California, policy violates its rights to freedom of speech, Women’s Law Center, and the National Asian NCLR’s co-counsel are Morrison & Foerster LLP Diego in December 2008. However, the anti- and including the Asian Pacific American Berkeley have raised awareness about systemic religion, and association. The Court explained: Pacific American Bar Association, among and the Idaho firm of Stoel Rives, LLP. LGBT groups recently unofficially notified the Legal Center, California NAACP, Chinese for gender inequities and homophobia at major “(Hastings’ policy) affects what CLS must do others. Oral argument has been set for A.G.’s office that they may voluntarily withdrew Affirmative Action, Equal Justice Society, colleges and universities. This case is a powerful if it wants to become a registered student December 10. this case and file a new lawsuit. Mexican American Legal Defense and illustration that similar problems may pervade YOUTH organization—not engage in discrimination—not Education Fund (MALDEF), the California the athletic departments of community colleges NCLR’s co-counsel in the case are Lambda what CLS may or may not say regarding D.A. v. J.W. Women’s Law Center, the Anti-Defamation RELATIONSHIP RECOGNITION as well. Legal, the Transgender Law Center, Sheppard its beliefs on non-orthodox Christianity or Victory! | Florida League, as well as 44 members of California Mullin Richter & Hampton, LLP, and the Law homosexuality.” The case is now before the Colombia Diversa, Expediente No. On September 8, 2008, the Office of Civil Rights State Assembly and Senate, and Family Law Seventeen-year-old J.W. and 18-year-old D.A. Office of David C. Codell. Ninth Circuit Court of Appeals. D-6362, Corte Constitucional de (OCR) of the United States Department of and Constitutional Law professors officially had been dating for almost six months when Colombia Education, which investigated Mesa’s compliance support our claims presented to the court. J.W.’s mother, Ms. W., learned about their Mariah L. v. Administration for Ashcroft v. Iqbal Pending | Columbia with Title IX with respect to its treatment of relationship. Because she disapproved of her Children’s Services On November 19, 2008, the California Supreme Appeal Pending | U.S. Supreme student athletes, found “disparities with respect The Colombian Constitution guarantees daughter dating another young woman, in Loss | New York Court granted review on an accelerated to the scheduling of games, the provision of Court Colombian citizens the right to equal protection December 2007, Ms. W. petitioned a Florida timetable in this case and the two others locker rooms, practice and competitive facilities, Mariah L. is a 20-year-old transgender woman of the law. In 1996, the Constitutional Court court to get a restraining order to prohibit any challenging Prop 8. NCLR has signed onto the amicus brief of and the provision of medical and training who is in foster care in New York City. Mariah’s of Colombia upheld Colombia’s law excluding contact between the two girls. Ms. W. admitted “National Civil Rights Organizations” in Ashcroft facilities.” The OCR concluded that those doctors have all agreed that sex reassignment same-sex couples from “domestic partnership,” in court that she sought a restraining order only Varnum v. Brien v. Iqbal, now pending in the U.S. Supreme disparities had “a disparate, negative impact on surgery is medically necessary for her. In la Ley 54 de 1990. But in that decision, the because she disapproved of her daughter’s Appeal Pending | Iowa Court. The underlying case, in which former U.S. female athletes” and “collectively established a New York, the Administration for Children’s Constitutional Court also said that if social and relationship with D.A. and wished to end it. Attorney General John Ashcroft and current violation of Title IX.” Services (ACS) has a duty to provide and pay Six Iowa same-sex couples brought suit seeking FBI Director Robert Mueller were the original legal circumstances significantly changed over Even though it was undisputed that there was for all necessary medical care and treatment the right to marry under the Iowa constitution. In defendants, was brought by Pakistani national time, it could consider the question again. In no violence in the girls’ relationship, the trial for children placed in foster care, but ACS has August 2007, the Iowa District Court ruled that Javaid Iqbal, who was arrested in New York as the last 12 years, many foreign constitutional TRANSGENDER LAW court issued the injunction by finding that the refused to provide Mariah with the medical care it is unconstitutional to deny same-sex couples part of a post-September 11 dragnet by federal courts, international human rights bodies Gammett v. Idaho State Board of consensual relationship between D.A. and J.W. that she needs. Mariah obtained a court order access to marriage. The opposition filed for an officials that targeted Arab men, among others. and legislatures have recognized that all Corrections constituted “dating violence” under Florida requiring ACS to pay for the surgery, which appeal and a “stay” on the decision the next day, couples should receive equal economic law. In January 2008, NCLR filed an appeal on ACS appealed. NCLR, Sylvia Rivera Law Project, which were granted. The case is now pending The U.S. detained Iqbal, subjecting him to rights, regardless of sexual orientation. Their Initial Victory! | Idaho behalf of D.A. asking the court to dismiss the Transgender Legal Defense & Education Fund, before the Iowa Supreme Court. Lambda Legal beatings, frequent invasive body searches, decisions demonstrate that significant social injunction arguing that it was legal error for the Lambda Legal, and Morrison & Foerster LLP represents the couples. NCLR submitted an and other forms of mistreatment, and often and legal changes have occurred since the Jenniffer Spencer is currently serving a 10-year trial court to issue an injunction where there filed anamicus brief on behalf of a group of amicus brief with co-counsel McGuire Woods confiscated his Koran and forbade his Constitutional Court issued its decision on prison sentence for possession of a stolen car were no allegations of violence. In June 2008, doctors and health clinics in support of Mariah. LLP and Joseph Barron, Esq. on behalf of participation in Friday prayers. NCLR has a domestic partnerships. In order to provide and a failed escape attempt that occurred when she was a teenager. Since she has been the appeal’s court reversed the trial court’s several professors of family law in support of strong interest in ensuring that all persons the Constitutional Court of Colombia with After Mariah won on appeal, the case went back incarcerated in Idaho, Spencer, a transgender decision and dismissed the injunction. the couples, addressing the use of social science receive the protections of the basic civil liberties an overview of these changes, NCLR filed an to the family court, which again ordered ACS to guaranteed by the U.S. Constitution, and is woman, made repeated requests—75 in research in constitutional cases. Oral argument amicus brief along with the International Gay & The Law Offices of Therese Truelove served as provide Mariah with sex reassignment surgery. concerned about government treatment of total—for treatment for her gender identity has been set for December 9. Lesbian Human Rights Commission, Center for co-counsel on the appeal. The court chastised ACS for paying inadequate disorder (GID), but the Idaho Department of individuals, racial/ethnic targeting, and religious Health, Science and Public Policy at Brooklyn attention to Mariah’s medical needs, and for freedom violations. The rights at issue in Iqbal Corrections (IDOC) failed to provide her with OTHER CIVIL RIGHTS Law School, and the Center for the Study of California Education Committee, LLC, ignoring medical knowledge about gender any appropriate care. Spencer attempted are fundamental, and their infringement by the Law & Culture at Columbia Law School. et al. v. Arnold Schwarzenegger, et al. identity disorder. ACS appealed again. NCLR, Christian Legal Society v. Kane government poses a serious risk to the dignity suicide when she learned that prison doctors Appeal Pending | California together with the New York Civil Liberties Union Appeal Pending | California and freedom of all. would not provide any treatment and eventually SPORTS and the American Civil Liberties Union, filed performed her own castration using a In November 2007, anti-LGBT organizations Like many public schools, the University of In particular in this case, NCLR supports Iqbal, another amicus brief in support of Mariah. This Sulpizio and Bass v. San Diego disposable razor blade in her prison cell, nearly filed a lawsuit in federal court in San Diego, California - Hastings Law School permits law who advocates for the rejection of a heightened time, however, the appellate court ruled in favor Mesa College bleeding to death in the process. This case is seeking to invalidate California Senate Bill 777, students to organize student groups that are pleading standard in civil rights and civil liberties of ACS, holding that the family court does not pending before the Commission. the Student Civil Rights Act. The Student Civil cases involving supervisory liability. The impact Pending | California have the authority to order ACS to provide and eligible to apply for university funding for group- Rights Act reinforces existing California law, of such a pleading standard could close the On July 27, 2007, Judge Mikel Williams of pay for any type of medical care. Mariah L. was related events. To be recognized as an official Lorri Sulpizio was the Head Women’s Basketball which prohibits discrimination in public schools courthouse doors to many civil rights plaintiffs. the Federal District Court for the District of represented by the Juvenile Rights Division of student group, all student groups must abide Coach at San Diego Mesa College (Mesa), and and activities, including discrimination based 10 Plaintiffs need to be able to discover evidence her domestic partner, Cathy Bass, was the Idaho ruled that, based on extensive expert the Legal Aid Society of New York. 11 www.nclrights.org

FIVE STAGES OF GRIEF—CONTINUED FROM COVER together in cities and towns in almost every state. Contact Us tel 415.392.6257 voted down Prop 8, and in our challenge to Prop 8 If there was ever any doubt that we are a movement, fax 415.392.8442 filed November 5, we were joined by a coalition of that has been put to rest. If there was ever any toll free 800.528.6257 organizations representing African-Americans and suspicion that we are too complacent to organize [email protected] other communities of color. These communities are our and show our outrage and our resolve, that suspicion www.nclrights.org natural allies—as Eva Jefferson Paterson noted on the has been obliterated. This has been a very dark time. filing of legal papers supporting the striking down of But as I have traveled around the country since the National Office Prop 8: “a threat to one is a threat to all.” election—first to Boston and then to North Carolina for 870 Market Street the Equality North Carolina conference—it is becoming Now, several weeks later, it seems we have moved Suite 370 clear to me as I pull myself out of the pall that this firmly into action. Not only were the incidents of San Francisco CA 94102 scapegoating and blaming denounced by many in community is not about to remain silent, we are not both the LGBT and allied communities, but over the going to slip back, we are not going back into any past month, hundreds of rallies, marches, protests, closet, anywhere. We are resolved to never take our The National Center for Lesbian and community forums have been organically and equality, anywhere, for granted. Rights is a national legal spontaneously organized around the country. Tens With all due respect to Kubler-Ross, there will never be of thousands of LGBT folks and our allies have come acceptance. organization committed to advancing the civil and human

NCLR SECURES ASYLUM—CONTINUED FROM PG 5 people. There is a well-founded fear of persecution rights of lesbian, gay, bisexual, was also strictly controlling and abusive. When a because they are gay or transgender, and many and transgender people and LGBT people don’t apply because of that fear. Others rumor spread at her school that she had been spotted their families through litigation, kissing a girl, Angelica began facing regular physical don’t know that they even qualify, or simply lack and verbal harassment, so she fled to the U.S. Once the documentation needed to prove the dangerous public policy advocacy, and there, she obtained help from various agencies, conditions in their home countries. The obstacles are public education. including the Women’s Building and Instituto Familiar difficult but our clients have had the courage and de la Raza, which put her in touch with NCLR. Her tenacity to apply for asylum and have succeeded application for asylum was approved in September with the help of community organizations and NCLR. 2008. “For some, an even more difficult hurdle to cross is Also in September, the U.S. granted asylum to M.Q., sharing with strangers the most terrible, painful, and whose case had been pending for more than two often private things that happened to them in order years. A native of Mexico, M.Q. had been beaten many to make a strong case for asylum,” reports Noemi times, once so severely it was life-threatening, simply Calonje, NCLR’s Immigration Project Director. “So because he is gay. Since receiving asylum, M.Q. no many people fear even applying because of the anti- longer lives in fear of being forced to return to Mexico immigrant sentiment they feel here. Many worry they and that violence. will be deported and returned to their home country if their application is denied.” Seeking asylum in the United States is not a simple or easy process, and it is even more difficult for LGBT Printed using vegetable-oil based inks on 100% recycled paper with 100% post-consumer content. The Gift that Keeps on Giving: Give the Gift of Justice NCLR Membership for the Holidays Whether you’ve put off joining NCLR this year, or You can wear your pride and support the fight for you’re a member but have someone on your holiday justice all at the same time. A portion of all proceeds gift list who is impossible to shop for, the perfect gift from the NCLR shop goes directly to our legal work. is simple: NCLR membership. Keep checking back in with Give a gift to NCLR as 2008 our shop—we’re always draws to a close, to make adding new items! sure your favorite LGBT civil and human rights legal Visit www.nclrights.org/ organization is strong for the donate to find out more. year to come, as we fight to protect your rights. Visit www.nclrights.org/donate to find out more.