SECOND CLASS CITIZENS Annual Report 2005 People ask frequently whether EQUALITY Lambda Legal has a gay agenda. I always say the answer to that question is yes. It’s a very simple answer: Our agenda is equality. Kevin Cathcart, Executive Director Lambda Legal Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and those with HIV through impact litigation, education and public policy work. We hold these truths to be self- evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. The Declaration of Independence July 4, 1776 In more than three decades of work, Lambda Legal has defended the rights of lesbians, gay men, bisexuals, transgender people and those with HIV in the courts — and in the court of public opinion. We are fighting to make sure that the promise of the Declaration of Independence is fulfilled for our community. 4 I am so proud of my daughter, because while I was unable to stop the harassment she suffered, We are unable to garner any she is now paving the way for rational basis for permitting one other gay and lesbian students to student to assault another based on be safe at school. the victim’s sexual orientation. – Barbara Wadington – Judge John C. Shabaz Nancy Wadington’s mother 1 2 3 In my high school, the school computers had blocked out every website that used the words “gay,”“lesbian” or “transgender.” I was, however, able to find thousands of websites with detailed instructions on how to commit suicide, and the best way to do it. – Youth Participant Listening Forums conducted by Lambda Legal and CWLA 1 NABOZNY V. PODLESNY Jamie Nabozny suffered years of harassment and violence at the hands of his classmates because he is gay. Lambda Legal’s victory in his case has helped protect hundreds of thousands of LGBTQ youth across the country. 2 FOSTER CARE PROJECT Lambda Legal’s Foster Care Project, working with Child Welfare League of America and local partner Jewish Board of Family and Children Services in New York,is advocating to make sure all youth in state care are safe to be who they are. 3 WADINGTON V. HOLMDEL BOARD OF EDUCATION Nancy Wadington is fighting her school district to make sure that New Jersey’s antibullying and nondiscrimination laws are enforced. New Jersey is one of 21 states with an antibullying law. GROWING UP 5 HARASSMENT Author Kurt Vonnegut once said that high school is closer to the core of the American experience than anything he could think of. But for many lesbian, gay, bisexual, transgender and questioning youth, this fundamental experience is rife with fear, isolation and, sometimes, violence. In 1995, Lambda Legal brought a case on behalf of a young man from Wisconsin named Jamie Nabozny who’d been subjected to terrible physical, sexual and verbal harassment throughout junior high and high school because of his sexual orientation.We won that Today, there are more than 3,000 gay-straight alliances across case — setting an important legal the country.Through these groups and other allies, Lambda precedent and winning almost Legal’s “Out, Safe & Respected” campaign has distributed $1 million for Jamie. In the words vital legal rights information to students, covering such topics of Kevin Jennings, Executive as how to start a GSA, negotiate with a school administrator Director of GLSEN (Gay, Lesbian or advocate to take a same-sex date to the prom. and Straight Education Network): “Nabozny v. Podlesny was the Despite strong legal precedent and more LGBTQ-friendly Brown v. Board of Topeka of the environments at school, Lambda Legal still hears stories of LGBTQ rights movement.” harassment. In 2005, we filed a lawsuit on behalf of Nancy Wadington, a young woman who was so viciously harassed at Practically speaking, Nabozny her New Jersey high school that she was forced to stop going showed that schools could be to classes. Unfortunately Nancy’s story is not uncommon: held accountable for the way their Many young people still find themselves without support at LGBTQ students were treated. school. Some find no solace at home, either.A few years ago, A few years later, Lambda Legal recognizing that many LGBTQ youth get pushed out of expanded this area of law in two their homes by hostile families and end up in the foster care successful cases that established the system, Lambda Legal began a historic partnership with the right of LGBTQ students and Child Welfare League of America to address the problems their allies to form clubs at school. LGBTQ young people face in the system — from neglect to sexual assault to brutal beatings to “conversion therapy.” Working with CWLA, we’re helping to make this unfortunate part of the American experience a little bit better. Where, after all, do universal human rights begin? In small places, close to home...The neighborhood he lives in; the school or college he attends; the factory, farm or office where he works. Such are the places where every man, woman and child seeks equal justice, equal opportunity, equal dignity without discrimination. Eleanor Roosevelt Remarks to the United Nations March 27, 1953 For too many years, LGBT and HIV-affected people have been denied justice, opportunity and dignity at work. Lambda Legal’s cases have convinced courts and employers alike to give qualified employees a fair shake, regardless of their sexual orientation, gender identity or HIV status. 8 Employers must ensure that employment decisions are not based Lorenzo Taylor is being denied on myths or stereotypes, but rather, the job of his dreams based on on reasonable medical judgments a 20-year-old policy that bans based on current medical knowledge. every person with HIV. The federal government needs a – Olophius Perry, Director Equal Employment Opportunity Commission, reality check. Los Angeles – Jonathan Givner, HIV Project Director 1 23 Our domestic partnership registry is a no-cost program that allows us to improve our citizens’ access to health care. – Mayor C. Ray Nagin of New Orleans 1 SAAVEDRA V. NODAK ENTERPRISES Joey Saavedra was a 20-year veteran of the auto-glass industry when his company fired him for being HIV-positive. 2 BRINKMAN V. MIAMI UNIVERSITY Lambda Legal defeated the Alliance Defense Fund in New Orleans when they challenged the city’s domestic partnership benefits. Now they’re up to the same tricks at Miami University in Ohio. Lambda Legal clients Yvonne Keller and Susan Gray could lose health care benefits for their two children if the case succeeds. 3 TAYLOR V. RICE Lorenzo Taylor was summarily rejected by the U.S. Foreign Service because he has HIV,despite his overwhelming qualifications. Lambda Legal is suing to change the government’s policy. WORKING 9 DISCRIMINATION Everyone deserves to have their work judged by what they do, not by who they are. But all too often for lesbian, gay, bisexual and transgender people and for people with HIV,that isn’t what happens. Only 18 states have protections against sexual orientation discrimination on the job, while only seven protect people from discrimination based on gender identity.Although there is a federal law (the Americans with Disabilities Act) that is intended to protect people with HIV from discrimination, it is some- times ignored by employers and Joey Saavedra, a skilled auto-glass installer in Georgia who other times eviscerated by con- performed his job well and earned the praise of his supervisors servative courts. This means that but was fired because he has HIV.Nodak Enterprises, Joey’s many LGBT and HIV-affected former employer, paid him an undisclosed sum, but more people find themselves without importantly, the company agreed to adopt a nondiscrimination recourse if they’re fired or their policy and train its employees on HIV issues. Joey’s case is employment benefits are attacked. the latest in a string of victories in Lambda Legal’s campaign Some turn to Lambda Legal. to “Blow the Whistle on Workplace Discrimination.” The campaign has led high-profile companies like Cirque du In recent years, we have represented Soleil and Foot Locker to reverse course and adopt stronger teachers, military service members, nondiscrimination policies and practices. attorneys, beverage servers, store clerks, journalists, police officers And when the antigay Alliance Defense Fund tried to stop an and many others in employment Ohio university from providing health coverage to same-sex disputes. Our cases have helped, domestic partners of its employees based on the state’s new literally, hundreds of thousands antigay amendment, Lambda Legal intervened.As we were of employees nationwide. Last year preparing to enter the Ohio case in December, we won a was no different. In May, we similar case in New Orleans, where the ADF had attacked won a successful settlement for the city’s domestic partner registry and health benefits for same-sex partners of city employees.The New Orleans victory proves what our communities know well: Our opponents may not like it when LGBT and HIV-affected people secure rights and benefits in the workplace, but their opinions don’t necessarily hold up in court. The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men. Marriage is one of the “basic civil rights of man,” fundamental to our very existence and survival. Loving v.Virginia Supreme Court decision liftng ban on interracial marriage June 12, 1967 Through the courts, Lambda Legal has obtained unprecedented recognition of LGBT relationships.