NCLR Applauds President’s Support of Marriage Equality

(San Francisco, CA, May 9, 2012)—Today, President Barack Obama told ABC News that he supports marriage equality, becoming the first president in the nation’s history to endorse marriage for same-sex couples.

Said President Obama: “I have to tell you that over the course of several years, as I have talked to friends and family and neighbors, when I think about members of my own staff who are in incredibly committed monogamous relationships, same-sex relationships, who are raising kids together, when I think about those soldiers or airmen or marines or sailors who are out there fighting on my behalf and yet feel constrained, even now that Don’t Ask Don’t Tell is gone, because they are not able to commit themselves in a marriage, at a certain point I’ve just concluded that for me personally it is important for me to go ahead and affirm that I think same sex couples should be able to get married.”

Statement by NCLR Legal Director Shannon Minter, Esq.:

“President Obama has once again proven himself to be the strongest and most principled supporter of full equality for lesbian, gay, bisexual, and transgender people ever to occupy the Oval Office. As he has done on so many other issues facing our community, the President showed his great depth of compassion and respect for the struggles faced by same-sex couples and their families and his commitment to genuine equality and justice for all people. This is an unforgettable day in our nation’s history, and one that will bring enormous comfort and hope to millions of Americans.”

Media Contact:

NCLR Communications Director Erik Olvera | Office: 415.392.6257 x324 |EOlvera@NCLRights.org

More than 1,500 People Honor Seven Heroes of LGBT Equality at NCLR’s 35th Anniversary Celebration

(San Francisco, CA, May 5, 2012)—Tonight, more than 1,500 people honored seven heroes in the movement for lesbian, gay, bisexual, and transgender equality at the National Center for Lesbian Rights’ 35th Anniversary Celebration.

The sell-out event—held at the City View at Metreon—is often called the party of the year, celebrating the strides made in the LGBT movement and recognizing the trailblazers who have stood up for equality, becoming role models for millions of people in the process.

“This year is especially significant, as NCLR celebrates turning 35 years old—an opportunity for us to look back on our history-making cases, while recognizing those who continue to speak out against injustice and are helping change the legal landscape for every member of our community,” said NCLR Executive Director Kate Kendell. “The seven people we recognized this year truly embody what it is to be a hero, and we are honored to stand beside them in the march toward equality.”

NCLR honored famed “Glee” star Jane Lynch with the Vanguard Award for using her fame as a platform to further LGBT equality, and for being an outspoken advocate for creating safer, welcoming schools for LGBT children. Lynch has lived an authentic life as an out lesbian while simultaneously achieving great success and visibility in television and film. Her authenticity and integrity are blazing a path not just for the artists who follow in her footsteps, but for young people everywhere who look up to her.

“I am honored and proud to be recognized by NCLR, which has given LGBT people and their families hope through its tireless work to gain dignity, respect, and, above all else, equality for all,” Lynch said. “I love the selflessness and generosity of the organization, which stepped up and successfully represented my wife in her custody battle. I feel like I should be honoring them.”

NCLR also presented the Courage Award to its six, young Minnesota clients—Brittany Geldert, Damian McGee-Backes, Dylon Frei, Ebonie Richardson, Kyle Rooker, and Kyrstin Schuette—who last year filed a federal sexual-orientation and gender discrimination lawsuit against the Anoka-Hennepin School District, challenging a policy that prevented staff from protecting them from anti-LGBT bullying. After months of discussions, on March 5, 2012, Anoka-Hennepin leaders agreed to major new protections to prevent harassment of students who are or are perceived to be LGBT and gender non-conforming, as well as those who have friends or parents who are LGBT.

“This is a very special day for us,” said Dylon Frei. “It wasn’t too long ago that I was extremely unhappy, and decided to be home schooled rather than face constant taunts from classmates. But it was through the lawsuit that I really found myself—someone who is young, someone who is proud to be out, and someone who is unafraid to speak up. I learned that one voice is enough to create change, and six voices can make a lasting impact that will benefit thousands of other students now and in the future.”

Out gay actor Wilson Cruz, known for roles in television’s “My So-Called Life” and his fierce advocacy for LGBT youth, presented the Courage Award to the Anoka-Hennepin student plaintiffs.

Founded in 1977, NCLR is a national legal organization devoted to advancing LGBT justice and equality through litigation, public policy, and public education. Since its start, NCLR—which helps more than 5,000 people each year—has embraced every aspect of the diverse LGBT community through its work, recognizing that LGBT people and our families and communities come from many different backgrounds and face a wide range of issues.

The Anniversary Celebration—NCLR’s annual signature event—attracts a sell-out crowd of 1,500 people each year. This year’s Premiere Sponsor was Wells Fargo. The Gold Sponsor was American Airlines.

Media Contact:

NCLR Communications Director Erik Olvera | Office: 415.392.6257 x324 |EOlvera@NCLRights.org

California Court of Appeal Rules for Same-Sex Partner in Inheritance Dispute

Court Recognizes New Legal Claim for Unmarried Partners Intentionally Deprived of Expected Inheritance

(Santa Ana, CA, May 4, 2012)—Yesterday, the California Court of Appeal established an important new legal protection for unmarried partners who are wrongfully prevented from inheriting property from each other when one partner dies.  The Court of Appeal ruled in favor of the surviving same-sex partner of a deceased Southern California man in a lawsuit alleging that the deceased partner’s sister had intentionally prevented him from signing a will that would have left a share of his property to the surviving partner. The two men were not married and were not registered domestic partners, but had been in a committed relationship for nearly ten years.

The surviving partner, Brent Beckwith, filed the suit against his deceased partner’s sister, Susan Dahl, after the Los Angeles Superior Court ruled in a probate proceeding that Beckwith had no right to any share of his partner’s property because he had died without leaving a will and the couple were neither married nor registered as domestic partners.  California law allows registered same-sex partners to inherit property in the same way as spouses, but provides no inheritance rights to couples who have not registered as domestic partners if one of them dies without a will.

The probate court awarded the entire estate to Dahl, who was his closest living relative other than Beckwith. Beckwith then filed a lawsuit against Dahl in Orange County Superior Court, alleging that Dahl had interfered with his late partner’s plan to sign a will leaving half of his property to each of them.

Beckwith’s complaint alleged that while in the hospital, his partner had asked him to print a will that he had previously written on his computer and bring it to him to sign, but that Dahl had interfered with that plan, promising to contact a lawyer to set up a trust instead. Beckwith alleged that Dahl did not follow through on her offer to arrange a trust, and shortly thereafter his partner died without leaving either a will or a trust.

Beckwith asked the court to recognize a new legal claim for intentional interference with an expected inheritance—a claim recognized in a majority of states but not previously addressed by the California courts. The Orange County court dismissed Beckwith’s case, saying that it was up to the appellate courts to decide whether to recognize this claim.

The California Court of Appeal then took up the case and requested amicus curiae briefs from the National Center for Lesbian Rights (NCLR) and other groups discussing whether California should recognize the new claim. NCLR filed a brief supporting Beckwith and asking the court to recognize the claim because of its special importance to unmarried lesbian, gay, bisexual and transgender couples.

The appellate court agreed with NCLR’s position and ruled that “it is time to officially recognize this tort claim.” The decision cited the maxim that “for every wrong there is a remedy.” The court held that Beckwith could proceed on his claim that Dahl defrauded him, and also sent the case back to the trial court to determine whether Beckwith could establish a claim for intentional interference with an expected inheritance.

“Committed couples deserve legal protections, whether or not they are married or in a registered domestic partnership,” said NCLR Senior Staff Attorney Christopher F. Stoll. “Unfortunately, many same-sex couples have family members who are hostile to their relationships, or become hostile to the surviving partner after one of them dies. Wills, trusts, advance healthcare directives, and powers of attorney remain the most secure protections for couples, and everyone should have them, whether or not they are married or registered as domestic partners. This decision creates important new protections for surviving partners in California who are unfairly prevented from inheriting property when there is no will.”

Representing NCLR on its amicus brief were Legal Director Shannon P. Minter and SeniorStaff Attorney Christopher F. Stoll, along with Trenton H. Norris and Jeremy M. McLaughlin of Arnold & Porter LLP.

Media Contact:

NCLR Communications Director Erik Olvera | Office: 415.392.6257 x324 |EOlvera@NCLRights.org

NCLR Applauds Federal Agency Ruling Protecting Transgender Workers

(San Francisco, April 24, 2012)—Yesterday, the Equal Employment Opportunity Commission (EEOC), the federal agency charged with enforcing federal laws against workplace discrimination, issued a landmark ruling that Title VII of the Civil Rights Act of 1964 protects transgender workers.  The EEOC held that discrimination against a transgender employee on the basis of the employee’s gender identity is prohibited sex discrimination under federal law.  While a number of federal courts have issued similar decisions, this is the first time the EEOC has ruled on this issue.

The plaintiff in the case is Mia Macy, a veteran and former police detective who was denied a job by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).  Ms. Macy is represented by the Transgender Law Center.

The EEOC’s decision means that transgender employees across the country who experience workplace discrimination can now file a claim with the EEOC at any of its 53 offices across the country.

Statement by NCLR Executive Director Kate Kendell, Esq.

“This ruling marks a sea change in the treatment of transgender people under federal law.  After years of being wrongly and unfairly excluded from federal protections against sex discrimination, transgender workers will now enjoy the same protections against unlawful discrimination based on gender stereotyping as other Americans. Mia Macy and the Transgender Law Center deserve enormous credit for bringing this historic case, which has resulted in a landmark ruling that will change the lives of countless transgender people.”

Media Contact:

NCLR Communications Director Erik Olvera | Office: 415.392.6257 x324 |EOlvera@NCLRights.org

Separating lesbian mothers from their children violates human rights

By Cathy Sakimura, Esq.
NCLR Family Protection Project Director

No child should ever be separated from her mother just because of her mother’s sexual orientation, but this continues to happen to families around the world. Decades of social science research have shown that a parent’s sexual orientation has absolutely no effect on their ability to be a good parent. But courts still rely on discredited notions that being raised by a lesbian mother is harmful for children.

On May 31, 2004, a Chilean Court ordered Karen Atala to give up custody of her three children to her estranged husband because she was a lesbian and living with her female partner.  The Inter-American Court of Human Rights recently ruled that this violated the human rights of Karen Atala and her daughters. It ruled that Chile must provide education and training for judges and civil servants and must publicly admit responsibility for violating their rights. It also ruled that Chile must provide counseling to Karen Atala and her daughters if they request it and pay damages and legal fees.

NCLR joined other groups in an amicus brief in support of Karen Atala arguing that Chile’s actions violated their human rights under international law. The law firm Morrison Foerster  represented these groups before the Inter-American Court of Human Rights.

NCLR was founded in 1977 to help lesbian mothers losing custody of their children – and quickly expanded our work to represent gay, bisexual, transgender and HIV+ parents as well. Although we have come a long way, there are still a few states in the U.S. that allow courts to consider a parent’s sexual orientation in making custody decisions. Transgender parents often face discrimination in custody cases, even though the same laws that protect LGB parents should also protect them.

We will continue our work to protect families until every country and every state in the U.S. recognizes that what matters is the love and care that a parent gives her child – not the parent’s sexual orientation or gender identity.

Media Contact:

NCLR Communications Director Erik Olvera | Office: 415.392.6257 x324 |EOlvera@NCLRights.org

Civil Rights Organizations Announce Agreement to Resolve Anoka-Hennepin School District Bullying Lawsuits

Student Plaintiffs to Hold Press Conference Tuesday

(Coon Rapids, Minn. March 5, 2012)—Tonight, the Southern Poverty Law Center (SPLC), the National Center for Lesbian Rights (NCLR), and the law firms of Faegre Baker Daniels LLP, and Culberth & Lienemann LLP announced an agreement on behalf of six students who filed two federal gender and sexual-orientation harassment lawsuits against Anoka-Hennepin School District.

The student plaintiffs, the federal government, and the district have entered into a consent decree—an agreement that must still be approved by U.S. District Judge Joan N. Ericksen—to resolve the complaints brought against the district under Title IX of the Educational Amendments of 1972, as well as the claims brought by the students under the United States Constitution and the Minnesota Human Rights Act. The agreement also resolves an investigation of harassment in district schools by the U.S. Department of Justice (DOJ) and the U.S. Department of Education (DOE), along with a related complaint filed against the district today by the DOJ.

The consent decree includes significant new protections designed to prevent harassment of students who are or perceived to be lesbian, gay, bisexual, transgender (LGBT), and gender non-conforming, as well as those who have friends or parents who are LGBT. The decree also includes a comprehensive, systemic plan to counter and prevent future harassment in district education programs and activities. Key features of the plan include a thorough evaluation of the district’s anti-harassment policies and procedures, and tailored actions to improve the school climate and enhance the training of staff and students.

The agreement specifically provides that teachers may affirm the dignity and self-worth of students and any protected characteristics of students, such as being LGBT, without running afoul of any district policy. Under the agreement, the six students will also receive a total of $270,000.

“This historic agreement marks a fresh start for the Anoka-Hennepin School District,” said Sam Wolfe, an attorney for the SPLC’s LGBT Project. “Unfortunately, this district had become notorious for anti-LGBT hostility and discrimination. This consent decree sets the stage for Anoka-Hennepin to become a model for other school districts to follow in creating more respectful learning environments for all students in a thoughtful, systemic, and proactive way.”

Dylon Frei, one of the plaintiffs in the case, said:  “No one should have to go through the kind of harassment that I did. I am happy this agreement includes real changes that will make our schools safer and more welcoming for other kids.”

Said NCLR Legal Director Shannon Minter: “This is an important step toward making LGBT and gender non-conforming students feel safe and welcome in district schools. The district has committed to a detailed long-term plan to prevent and address harassment, as well as ongoing review of its implementation of the plan by federal agencies. Along with the district’s repeal last month of its harmful and stigmatizing Sexual Orientation Curriculum Policy, which prevented teachers from effectively responding to harassment, this agreement points the way toward a better future for LGBT students in the district.”

“We are so proud of these brave kids who stepped forward and made their voices heard,” said Celeste Culberth of Culberth & Lienemann. “They have helped set a course today that will benefit children in this district for years to come and they have much to celebrate.”

Mike Ponto, lead attorney on the case for Faegre Baker Daniels added: “Through their bravery in stepping forward, our clients have helped to bring about a settlement which not only promises to improve the lives of students in Anoka-Hennepin, but also sets an example nationwide. These kids and their families are heroes. They have turned adversity into opportunity and in doing so they truly can take credit for helping to make the world a better place.”

The primary purpose of the consent decree is to address and prevent sex-based and sexual-orientation-based harassment. Under the terms of the consent decree, the district is required to:

• Retain the Great Lakes Equity Center, an equity assistance center based at Indiana University-Purdue University Indianapolis to provide a comprehensive, systemic review and recommend revisions to district policies and practices related to sex and sexual-orientation related harassment.
• Fully investigate reports of harassment; escalate remedial efforts through additional measures when students are harassed on a repeated basis; and mitigate the effects of harassment that occurs.
• Take proactive measures to address the hostile environment.
• Develop procedures for parental notification while maintaining sensitivity to a student’s right of privacy relating to their real or perceived orientation or gender identity.
• Hire a district-level, harassment-prevention official who will help lead the district’s efforts to “eliminate and prevent future instances of harassment in its education programs and activities.”  This official will be referred to as a Title IX/Equity Coordinator who will ensure the district complies with its legal obligations to protect students from harassment; implement district policies and procedures relating to sex and sexual-orientation based harassment; monitor all complaints of such discrimination and harassment; identify trends or common areas of concern related to compliance; and coordinate between and among school and district staff, students, and parents related to addressing and preventing harassment.
• Work with the Equity Center, Title IX /Equity Coordinator to develop improved and effective trainings, consistent with best practices, on harassment for all students and employees who interact with students.
• Ensure that a counselor or other qualified mental health professional to be available during school hours for students in need.
• Hire a mental health consultant to review and assess current practices in the district relating to assisting students who are subject to harassment.
• Strengthen its annual anti-bullying survey.
• Enhance a recently formed harassment-prevention task force to advise the district regarding how to best foster a positive educational climate.
• Work with the Equity Center to identify hot spots in district schools where harassment is most problematic, including outdoor locations and on school buses, and work with the equity consultant to develop corrective actions.

Judge Ericksen could approve the decree within the coming weeks. As part of the agreement, the United States will monitor and approve the district’s adherence to the consent decree for a period of five years.

Other attorneys representing the student plaintiffs included: Christine P. Sun (SPLC); Christopher F. Stoll (NCLR); Ilona Turner (formerly of NCLR, now with the Transgender Law Center); Martin Chester, Chris Dolan, and Zack Stephenson (Faegre Baker Daniels LLP); and Leslie Lienemann (Culberth & Lienemann LLP).

Tomorrow morning, the student plaintiffs, along with their counsel, will hold a press conference regarding the lawsuits and the agreement.

WHEN: Tuesday, March 6, 9:30 AM (CST)

WHERE: Faegre Baker Daniels, 90 South Seventh Street, Wells Fargo Center—21st Floor, Minneapolis, MN 55402

Media Contacts:

Erik Olvera
National Center for Lesbian Rights
(O) 415.392.6257 x324
(M) 415.994.3242
EOlvera@NCLRights.org

Apreill Hartsfield
Southern Poverty Law Center
(O) 334.782.6624
(M) 334.782.6624
Apreill.Hartsfield@SPLCenter.org

Thomas Schierholz
Faegre Baker Daniels, LLP
(O) 612.766.7985
(M) 612.226.2083
Thomas.Schierhoz@FaegreBD.com

Celeste E. Culberth
Culberth & Lienemann, LLP
(O) 651.290.9300
(M) 612.518.2119
CCulberth@CLSLawyers.com

###

The National Center for Lesbian Rights is a national legal organization committed to advancing the civil and human rights of lesbian, gay, bisexual, and transgender people and their families through litigation, public policy advocacy, and public education. www.NCLRights.org

The Southern Poverty Law Center, with offices in Louisiana, Florida, Mississippi, Georgia and Alabama, is a nonprofit civil rights organization that combats bigotry and discrimination through litigation, education and advocacy. For more information, see www.SPLCenter.org.

Faegre Baker Daniels LLP is one of the 75 largest law firms in the United States.  From its offices in the U.S., China, and the United Kingdom, the firm’s 800-plus professionals handle the most complex transactional, regulatory, and litigation matters for clients ranging from emerging enterprises to multinational companies. www.FaegreBD.com

Culberth & Lienemann LLP is a Twin Cities-based law firm that focuses its practice on representing workers in civil rights actions, on both an individual and a class-wide basis. www.CLSLawyers.com

NCLR Applauds Maryland’s Marriage Equality Bill Being Signed into Law

Today, Maryland Governor Martin O’Malley signed HB 438—a bill providing full marriage rights for same-sex couples—into law.   Maryland will become the 11th jurisdiction in the country in which same-sex couples can marry when the law goes into effect on January 1, 2013. Opponents have pledged to try to put the new law up for a popular vote before it takes effect.

Maryland joins seven other states, Washington D.C., and two tribal nations that no longer discriminate against same-sex couples in marriage.

Statement by NCLR Executive Director Kate Kendell, Esq.:

“There is no doubt that 2012 is off to a firecracker start when it comes to tipping the scales in favor of full equality for our relationships and a future where the promise of justice for all is realized.  Governor Martin O’Malley, like Washington Governor Chris Gregoire last month, has distinguished himself as a political leader who takes seriously his oath to uphold and defend the Constitution.  We know we have farther to go before every LGBT person can live fully and freely, but today in Maryland our brothers and sisters can rest easier, knowing that their families are recognized and secure under the law.”

Media Contact:

NCLR Communications Director Erik Olvera | Office: 415.392.6257 x324 |EOlvera@NCLRights.org

NCLR Applauds Maryland Marriage Equality Vote

(Annapolis, MD, February 23, 2012)—Today, the Maryland Senate voted 25 to 22 to recognize full marriage rights for same-sex couples. The Maryland House of Delegates approved the measure last Friday by a vote of 72 to 67. Gov. Martin O’Malley, the bill’s sponsor, has already committed to signing the bill into law.  Maryland will become the 11th jurisdiction in the country in which same-sex couples can marry when the law goes into effect on January 1, 2013. Opponents have pledged to try to take away the right to marry by putting the new law up for a popular vote before it takes effect. Maryland joins seven other states, Washington D.C., and two tribal nations that no longer discriminate against same-sex couples in marriage.

Statement by NCLR Executive Director Kate Kendell, Esq.:

“Today, Marylanders won a key victory in the quest for equality under the law for same-sex couples and their children.  Enormous thanks are due to Governor O’Malley, our legislative champions in the House and Senate, and all those who came forward to explain why discrimination against families in Maryland’s marriage law is just plain wrong. This fight is not yet over in the Free State, but today, we celebrate this fantastic achievement.”

Media Contact:

NCLR Communications Director Erik Olvera | Office: 415.392.6257 x324 |EOlvera@NCLRights.org

A Key Step Forward in Maryland

By Liz Seaton
NCLR State Policy Director

NCLR State Policy Director Liz Seaton with Maryland Gov. Martin O'Malley

Words cannot describe how I felt, sitting in the gallery at the Maryland State House as we won Governor Martin O’Malley’s Civil Marriage Equality Act by a vote of 72-67 on Friday.  Several of the lawyers were cloistered for a couple of days in preparation for what we thought would be dozens of hostile amendments, but in the end there were only about a half-dozen, and all were defeated, leading to the vote for final passage.

We watched from the State House gallery as the delegates prepared to vote. Those who sat with me included lobbyist friends who have worked to end discrimination in Maryland for 15 years or more, the lead plaintiff couple Gita and Lisa from the Maryland state constitutional case a few years ago, current and past executive directors of Equality Maryland,  couples still seeking the freedom to marry, ministers who want to marry same-sex couples in their own congregations with a state license to do so, and allies galore. Many delegates who spoke on the House eloquently voiced their support equality under the law for same-sex couples and our children. Others struggled to defend their votes against the measure – votes that I believe will be viewed as bigoted in the history books. Love, commitment and caring prevailed.

When the vote was won, we jumped to our feet and cheered, with hugs and kisses all around. Few had a dry eye.

Then we went downstairs to thank the delegates as they emerged from voting. The loudest cheers were for our seven openly gay and lesbian delegates – Environmental Matters Committee Chair Maggie McIntosh, Del. Luke Clippinger, Del. Bonnie Cullison, Del. Anne Kaiser,  Del. Heather Mizeur, Del. Peter Murphy and Del. Mary Washington.  Most were weeping with happiness.  Then Speaker Michael Busch emerged to acclaim and spoke from the heart.  Governor O’Malley swept down the marble stairs from his offices, and the crowd went wild.  There was quite a celebration at a local tavern near the State House that night!

This is one step – but a key one – on the path to win marriage all out in Maryland.  We need a Senate vote next – a strong one like last year – and that is scheduled for this week.  Then there will be the formal signing by the Governor.  Everyone expects our opponents to gather signatures in an attempt to put it on the ballot and take away the win before a single loving and committed couple can marry.  If that happens, we will need all the help we can get here.

But for now, we celebrate and prepare to take it on, step by step.

Media Contact:

NCLR Communications Director Erik Olvera | Office: 415.392.6257 x324 |EOlvera@NCLRights.org

NCLR Responds to New Jersey Marriage Equality Vote

(San Francisco, CA, February 16, 2012)—Today, the New Jersey State Assembly passed a bill establishing full marriage rights for same-sex couples. The New Jersey State Senate passed a companion bill on February 13, 2012. If Gov. Chris Christie signs the bill into law, New Jersey willbecome the 11th jurisdiction in the country in which same-sex couples can marry.

If the bill is signed, New Jersey will join seven other states, Washington D.C., and two tribal nations that no longer discriminate against same-sex couples in marriage.

Gov. Christie has publicly stated that he plans to veto the bill, and that the issue should be decided by state-wide referendum, but he has faced serious criticism for this position.

Statement by NCLR Executive Director Kate Kendell, Esq.:

“It is a testament to the hard work of our New Jersey friends and the arc of justice that the New Jersey legislature has passed a marriage bill. Governor Chris Christie has said he will veto the bill, suggesting that the voters should decide the civil rights of their neighbors. This position is a thinly veiled dodge of his responsibilities as governor. We urge Gov. Christie to demonstrate the courage his office demands and sign the bill that the elected representatives of the people of New Jersey support. By doing so he will strengthen the families, culture, and future of his state.”

Media Contact:

NCLR Communications Director Erik Olvera | Office: 415.392.6257 x324 |EOlvera@NCLRights.org