Kansas Supreme Court Rules to Protect the Interests of Children in All Families, Regardless of Parents’ Sexual Orientation

(Topeka, KS, February 22, 2013)—Today, the Kansas Supreme Court ruled that when a same-sex couple has a child together, both parents can be fully recognized as parents under Kansas state law. The court explained that Kansas parentage laws apply equally to women and non-biological parents, and that courts must consider the reality of who a child’s parents are in order to protect the interests of children. The court also ruled that an agreement to co-parent and share custody can be enforceable.

With this ruling, Kansas joins a number of other states in ruling that when two people bring a child into the world and then raise that child as co-parents, the law should treat both of them as the child’s parents, regardless of gender or biology. These courts have recognized that reality is that the children in these families exist, and the law cannot turn its back on that reality or on a child’s need for stability and a protected relationship with both parents. This ruling is significant not only for same-sex parents, but also for many kinds of families where non-biological parents are raising children.

Marci Frazier and Kelly Goudschaal were in a same-sex relationship and decided to have children together through insemination. Kelly was the birth mother for their two children, who they then raised for many years as co-parents. They gave the children hyphenated last names, and the two mothers signed a written agreement saying that they both intended to be parents and share custody of the children. Unfortunately, the relationship between Kelly and Marci broke down in 2008. They co-parented the children for a period of time after separation, but then Kelly cut off contact between Marci and the children.

After Marci went to court to try to see the children again, a Kansas trial court granted joint custody to the two women. Kelly appealed this order and argued that Marci was not a parent and had no right to seek custody. The Kansas Supreme Court upheld the lower court’s ruling and explained that both women could be legally recognized as parents under Kansas law.

“Today, the Kansas Supreme Court recognized that children with same-sex parents have the same need for stability and protection as children in any other family. We are grateful to the court for this thoughtful decision protecting the best interests of children in all families,” said Cathy Sakimura, NCLR Family Law Director.

“Today’s decision is important and ground breaking,” said Doug Bonney, legal director of the ACLU of Kansas and Western Missouri. “The court rightly found that the co-parenting agreement was not only legal, but that it served the best interest of the children.”

The National Center for Lesbian Rights, the ACLU of Kansas & Western Missouri, and ACLU Foundation submitted an amicus brief in support of recognizing both mothers. Amicus briefs in support of the non-biological mother were also filed by the National Association of Social Workers, represented by Stephanie Goodenow, and Washburn University School of  Law Children and Family Law Center.

Marci Frazier was represented by Dennis J. Stanchik and Valerie L. Moore.

Media Contact:

NCLR Communications Director Erik Olvera | Office:415.365.1324 | EOlvera@NCLRights.org

Special Fund Helps LGBT “DREAMers” Get Work Permits and Relief from Deportation

LGBT Dreamers Helped So Far Share Their Stories

(San Francisco, CA, February 19, 2013)—Nearly 200 lesbian, gay, bisexual, and transgender (LGBT) undocumented young people have either received or are in the process of receiving two-year work permits and reprieves from the threat of deportation, thanks to a fund made possible by over four dozen LGBT organizations.

Last summer, President Obama created the Deferred Action for Childhood Arrivals (DACA) program to enable people who came to the United States as children—commonly known as “DREAMers”—to apply for work permits and relief from deportation.

In response, the National Center for Lesbian Rights (NCLR), the LA Gay & Lesbian Center, and the Evelyn & Walter Haas, Jr. Fund launched the “LGBT DREAMers Fund” at the Liberty Hill Foundation to help LGBT DREAMers pay the $465 fees required to apply for relief under the DACA program (a list of organizations contributing to the fund appears at the end of this release). The $465 fees pose steep hurdles for many DREAMers because neither they nor their parents are able to obtain lawful employment due to their undocumented status.

“These young people are an important part of the LGBT community, and we knew we had to find a way to give them a hand,” said NCLR Executive Director Kate Kendell, one of the fund’s co-founders. “We are thrilled that so many LGBT organizations across the nation stepped up to help.”

To date, more than $100,000 has been raised and 160 LGBT Dreamers have received financial assistance. At least another 40 will get help from the fund. LGBT Dreamers who would like assistance from the fund may apply at www.LibertyHill.org/LGBTDreamersFund.

One of the recipients of aid from the fund, Jose Mendoza, recently received his work permit. Jose’s dream is to become a nurse, and he is now taking classes that will allow him to apply to a nursing program.

“Getting this kind of support and help means so much, and it’s great to see the gay community stepping in and saying that what I am doing is important,” he said.

Marco Quiroga, who wants to be a surgeon, said he was “thrilled” to have the support of the LGBT DREAMers Fund so that he could submit his DACA application.

“Immigrant and LGBT issues have always been separate in my mind, and it is wonderful to see these two communities come together to work on a common cause,” he said. “Receiving these funds creates a sense of community with other gay immigrants who are in my situation.”

“In spite of having to deal with the stresses of being both undocumented and LGBT, these young people have persevered and emerged as leaders of the national reform movement,” said LA Gay & Lesbian Center CEO Lorri L. Jean, another fund co-founder. “All of us are so pleased to be able to show our support and gratitude to them.”

There is widespread agreement that the “DACA” program is only a temporary fix and that creating a direct pathway to citizenship for DREAMers is one of the key elements of comprehensive immigration reform. The framework for reform recently announced by President Obama as well as the one put forward by the bipartisan “Gang of 8” in the U.S. Senate specifically included DREAMers. On February 5, House Majority Leader Eric Cantor, who helped sink the federal DREAM Act in 2010, also endorsed citizenship for DREAMers.

The following are the stories of four DREAMers who received assistance from the fund, including Jose Mendoza and Marco Quiroga. More about these individuals and some of the other recipients of the LGBT DREAMers Fund is available at www.LGBTDREAMersStories.com.

Jaime Diaz, who also received a grant through the fund, recently got the news he had hoped for—he was granted a work permit under DACA. It was at that moment that he realized the dreams he’s had since his parents brought him to this country as a young boy could indeed come true, and he could one day become an elementary school teacher.

“Everything is starting to fall into place,” Jaime said. “Getting my work permit and Social Security card and other documents was like getting a whole load lifted off my shoulders. I feel more free because of DACA and I am no longer scared of the police or of being treated like a criminal.”

Marco Quiroga wants to be a surgeon, and he says earning a work permit under the DACA program will help him reach his dreams.

Marco arrived in the United States from Peru when he was just 2 years old. Marco’s mother singlehandedly raised him and three siblings while working custodial and cleaning jobs in Orlando, Florida.

Jose Mendoza decided to become a nurse while he was taking care of his mother during her recent battle with breast cancer.

With his mother now recovered, Jose, a recipient of the LGBT Dreamers Fund, is taking classes that will allow him to apply to a nursing program. Getting approved for the DACA program is allowing Jose to pursue his newfound passion to help people in the same way that the nurses in the hospital helped his mother.

Alejandra Estrada hasn’t known any other home than the United States. She was just 3 months old in 1989 when her mother brought her and her sister across the U.S.-Mexico border. She excelled in school, and after high school graduation she began cleaning houses with her mother, with the two recently starting a small house-cleaning business in Las Vegas.

Alejandra, who also received a grant through the fund, submitted her DACA application and is hopeful it is approved so she can achieve her dreams of attending college and majoring in early childhood education.

“A change of status could really change everything,” said Alejandra, adding that her immigration status has limited her abilities, not only to excel professionally, but to feel safe and included. “Even though I have been here since I was a baby, there’s still this feeling that I don’t belong. Becoming a citizen and getting everything squared away will be an incredible relief.”

Current contributors to the LGBT DREAMers Fund:

• Aaron Belkin, Executive Director of the Palm Center
• Center on Halsted (Chicago)
• The Center/GLBT Community Center of Colorado
• Cream City Foundation
• The Gay and Lesbian Community Center of Southern Nevada
• CenterLink: The Community of LGBT Centers
• Equality Federation
• Equality Maine
• Family Equality Council
• Freedom to Marry
• Gay City Health Project (Seattle)
• Gay Community Center of Richmond
• Gay Men’s Health Crisis (GMHC)
• Gay & Lesbian Advocates & Defenders (GLAD)
• Greater Palm Springs Pride
• GSA Network
• Horizons Foundation
• Human Rights Campaign (HRC)
• Immigration Equality
• Paul Kawata, Executive Director of the National Minority AIDS Council
• L.A. Gay & Lesbian Center
• Lambda Legal
• LGBT Center of Central PA
• LGBT Center of Raleigh
• LGBT Project of the ACLU
• Massachusetts Transgender Political Coalition
• MassEquality
• Mautner Project Board and Staff
• Metropolitan Charities
• National Center for Lesbian Rights
• National Coalition for LGBT Health
• National Gay and Lesbian Task Force Action Fund
• National Stonewall Democrats
• The Lesbian, Gay, Bisexual & Transgender Community Center (New York City)
• One Colorado
• Out & Equal Workplace Advocates
• The OUTreach Center (Madison, WI)
• Pride Foundation
• Pridelines Youth Services (Miami Shores, FL)
• Q Center (Portland, OR)
• Rainbow Community Center (Contra Costa, CA)
• Ruth Ellis Center, Inc. (Detroit)
• San Diego LGBT Community Center
• Services and Advocacy for GLBT Elders (SAGE)
• Servicemembers Legal Defense Network (SLDN)
• San Francisco LGBT Community Center
• Transgender Law Center
• The Trevor Project
• True Colors
• Several Anonymous Donors

You can learn about other fund recipients at www.LGBTDREAMersStories.com.

LGBT Dreamers who would like assistance from the LGBT DREAMers fund may apply at www.LibertyHill.org/LGBTDreamersFund.

Media Contact:

NCLR Communications Director Erik Olvera | Office:415.365.1324 | EOlvera@NCLRights.org

Winning Comprehensive Immigration Reform

Statement by The National Center for Lesbian Rights, Immigration Equality, and The National Gay and Lesbian Task Force

(San Francisco, CA, February 15, 2013)— Winning Comprehensive Immigration Reform will require unity, collaboration and a tremendous amount of work. Many organizations are already working tirelessly to make certain that reform, including reforms that include all families, become a reality. Here is a shout out to one key partner in this effort:

“We, and so many other groups, are committed to Comprehensive Immigration Reform, which includes a path to citizenship for the 11 million, an end to unwarranted detention, citizenship for Dreamers and protections for same-sex couples, among other provisions. This is an historic opportunity and there is broad-based support from a range of LGBT groups, immigrant right groups, and civil rights groups for these critical reforms. Included among these supporters is the Center for Community Change and their inspiring leader, Deepak Bhargava. Time and time again Deepak has spoken out in support of reform that includes the Uniting American Families Act, including his keynote at Creating Change and communications to lawmakers and public statements. Deepak’s commitment is unambiguous and clear. We look forward to working hand in hand with all groups committed to winning immigration reform.”

Leading Mental Health Professional Organizations, Health Care and Constitutional Scholars, and Social Services Providers Urge Appeals Court to Uphold California Law Prohibiting Dangerous Psychological Practices to Change Minors’ Sexual Orientation

(San Francisco, CA, February 8, 2013) – A diverse group of prominent mental health professional organizations and social services providers, scholars of constitutional and health care law, civil liberties and religious organizations, the City and County of San Francisco, and individuals and family members filed ten friend-of-the-court briefs this week urging the United States Court of Appeals for the Ninth Circuit to uphold a 2012 California law that prohibits licensed therapists from trying to change a young person’s sexual orientation or gender expression.

The law, which was signed by California Governor Jerry Brown on September 29, 2012, prohibits state-licensed therapists from attempting to change the sexual orientation or gender expression of a patient under 18 years old. Anti-LGBT legal groups challenged the law in October, 2012, primarily representing California therapists who engage in these practices. Those lawsuits are now before the Ninth Circuit, which will hear arguments on April 17 to determine whether to block the law from going into effect while the therapists’ lawsuits proceed. The law was scheduled to take effect on January 1, 2013, but is temporarily on hold while the Ninth Circuit considers the cases.

On Wednesday, the California Psychological Association, the California Division of the American Association for Marriage and Family Therapy, and the National Association of Social Workers urged the court to permit the law to take effect because the leading mental health professional organizations “agree that homosexuality is not a mental disorder and have advised against practices that attempt to change an individual’s sexual orientation.” These and other mental health organizations supported the legislation and worked closely with state Senator Ted Lieu, the bill’s author, to ensure that the law provides clear guidance to state licensed therapists.
Dr. Jack Drescher, one of the nation’s leading experts on the harms caused by efforts to change sexual orientation, submitted a brief summarizing the findings of a comprehensive review of the scientific literature on sexual orientation change efforts that was conducted by the American Psychological Association in 2009. The brief concludes that these practices “pose an unacceptable risk to minors,” who are “particularly vulnerable to harm from stigma.”

Twelve regional and national organizations that work with LGBTQ youth, including the Children’s Law Center of California, Legal Services for Children, the Los Angeles Gay & Lesbian Center, Legal Advocates for Children and Youth, Parents, Families and Friends of Lesbians and Gays (PFLAG), the Trevor Project, and others also filed a brief supporting the law. The brief recounts the first-hand experiences of youth who have suffered severe mental and physical health problems as a result of attempts to change their sexual orientation or gender expression, including suicide attempts, cutting and other self-injurious behaviors, severe anxiety, and depression. For example, the brief describes a young woman who called the Trevor Project’s helpline who, after seeing a therapist who tried to change her sexual orientation, “has attempted suicide several times” and “prays that she will die in an accident.”

Another brief tells the stories of individuals who underwent efforts to change their sexual orientation and as a result were plagued for years by problems such as severe anxiety, depression, suicidal thoughts, and drug abuse. The brief includes the story of Kirk Murphy, who as a child in the early 1970s was subjected to an experiment designed to prevent children from growing up to be gay by the University of California at Los Angeles. Murphy’s family was counseled to reward “masculine” behavior and punish “feminine” behavior. Murphy’s sister recalls that these techniques severely damaged her brother, making him withdrawn, isolated and self-conscious. Murphy, a gay man, ultimately died by suicide at the age of 38.

Prominent scholars in constitutional law and health law, as well as the ACLU Foundation of Northern California, also filed briefs supporting the law. The scholars explain that California’s prohibition of these discredited practices is one of many examples of state regulation of medical treatment to ensure that medical professionals comply with the standards of their profession and do not harm patients. The scholars argue that such regulations are both constitutional and vitally necessary because meaningful oversight of the health and safety of medical care would be impossible without them.

The City and County of San Francisco filed a brief describing how these practices contribute to high rates of homelessness and other serious health problems among LGBT youth, many of whom flock to San Francisco after being rejected by their families. Religious organizations and leaders, including California Faith for Equality and the California Council of Churches, Justice and Witness Ministries, United Church of Christ, and the Unitarian Universalist Legislative Ministry of California, among others, also submitted a brief asking the court to uphold the California law.

“The friend-of-the-court briefs filed in this case underscore the unified message of all leading medical, mental health, and child welfare advocates—efforts to change a child’s sexual orientation are cruel, damaging, and have no place in the provision of mental health care,” said Shannon Minter, Legal Director for the National Center for Lesbian Rights. “These briefs make an overwhelming case for the necessity for this law, which is now being looked to as a model by a number of other states.”

“We are grateful for this outpouring of support from some of the most respected medical and mental health practitioners and organizations in California and throughout the country,” said Equality California Executive Director John O’Connor. “No one can fail to understand the need for this law after reading these unforgettable first-hand accounts of the despair, self-injury, and suicidal behavior caused by these discredited practices. These briefs paint a vivid picture of why the state must take action to protect youth from these practices and to stop licensed therapists from inflicting so much damage on young people. We thank Senator Ted Lieu for his vision in working to enact this life-saving legislation.”

Last fall, Equality California filed a successful motion to intervene in one of the lawsuits in order to defend the law alongside California Attorney General Kamala Harris, who represents the State of California defendants. Equality California is represented in the cases by NCLR and the law firm of Munger Tolles & Olson LLP.

Law firms and legal organizations representing groups filing friend-of-the-court briefs in support of the California law included: ACLU Foundation of Northern California, Inc.; Arnold & Porter LLP; Covington & Burling LLP; Foley & Lardner LLP; Dennis J. Herrera, City Attorney of San Francisco; Kirkland & Ellis LLP; Lambda Legal Defense and Education Fund, Inc.; Manatt, Phelps & Phillips, LLP; Rosen Bien Galvan & Grunfeld LLP; Jon B. Eisenberg, Esq.; Eric Alan Isaacson, Esq.; Stacey M. Kaplan, Esq.; and Barry R. Levy, Esq.

Media Contact: NCLR Communications Director Erik Olvera | Office: 415.365.1324 | EOlvera@NCLRights.org

President Obama Unveils Inclusive Immigration Plan

(Las Vegas, NV, January 29, 2013)

—Today, President Obama laid out a broad proposal for legislation that will overhaul U.S. immigration policy and replace it with a humane and workable system. In a much-anticipated address in Las Vegas, President Obama announced general principles he would like to see included in forthcoming legislation. The White House subsequently released a factsheet containing additional information and more detailed proposals, including a pathway to citizenship for undocumented immigrants and the substance of two pieces of legislation that have been particularly important for lesbian, gay, bisexual, and transgender (LGBT) immigrants.

In the factsheet, the President included the principles of the DREAM Act, which is legislation that provides a streamlined path to citizenship for young people who came to the country as children and are going to school or serving their country. LGBT DREAMers have played a crucial role in the DREAMer movement. The President’s factsheet also included the principles of the Uniting American Families Act (UAFA), which gives U.S. citizens and lawful permanent residents the right to sponsor their same-sex permanent partners to immigrate to the United States.

NCLR Executive Director Kate Kendell attended the address.

Statement by NCLR Executive Director Kate Kendell, Esq.:

“It is clear that after long suffering we may finally see true progress on meaningful immigration reform. In a historic speech today, President Obama made clear that he supports an accessible and straightforward path to citizenship, recognition of  ALL families and a process for keeping those families together, including same-sex couples and families headed by LGBT parents, and citizenship for DREAMers. This is what we must see. As the process continues, we are committed to assuring that reforms truly provide the dignity, recognition, and fairness the President suggested. We need a plan animated by humanity, not punishment.”

LGBT Rights Groups Release Joint Statement on Immigration Reform as U.S. Senators Release Set of Principles for Comprehensive Immigration Reform

(San Francisco, CA, January 28, 2013)—National lesbian, gay, bisexual, and transgender (LGBT) rights organizations, including the National Center for Lesbian Rights, today released a joint statement reiterating the call for a comprehensive immigration policy that ensures fair and just treatment for all those currently impacted by our failed immigration policy. It comes as a bipartisan group of U.S. senators today released a set of principles for comprehensive immigration reform, and as President Obama prepares to announce his own immigration plans tomorrow.

The full text of the LGBT groups’ joint statement is below:

“We are fully committed to and deeply understand the need for this nation to adopt a humane and effective comprehensive immigration policy which places a premium value on justice, dignity, respect and opportunity. 

Any legislation must include the ability of couples in same-sex relationships to sponsor their spouse or permanent-partner in the same way opposite-sex couples have long been able to under current immigration law.

We stand shoulder-to-shoulder with those striving for and dreaming of a nation that embraces all who come here seeking a better life. We look forward to working with Congress, the White House and every community harmed by our broken immigration system to finally achieve the comprehensive reforms we all so desperately need.”

Signatories:

• National Center for Lesbian Rights
• Human Rights Campaign
• Immigration Equality Action Fund
• National Gay and Lesbian Task Force Action Fund
• National Center for Transgender Equality

Media Contact:

NCLR Communications Director Erik Olvera | Office:415.365.1324 | EOlvera@NCLRights.org

Celebrating Roe v. Wade and Keeping Its Promise

By NCLR Law Students for Reproductive Justice Fellow
Laura Nixon

The National Center for Lesbian Rights (NCLR) joins our allies in the reproductive health, rights, and justice movements in celebrating the 40th anniversary of Roe v. Wade.  In this landmark decision, the Supreme Court held that state abortion bans were unconstitutional—putting an end to the shameful era in which countless women risked their health, lives and freedom to obtain abortions.

But too many women are still prevented from accessing safe and legal abortions or experience severe hardship trying to obtain them.  This is due in part to an aggressive right-wing effort to chip away at the right to reproductive freedom by imposing unnecessary restrictions on abortion care, which reached an unprecedented level in 2011 and 2012.  It is also due to the Hyde Amendment, which bans the federal Medicaid program from covering abortion care with very narrow exceptions.  Because of the Hyde Amendment, every year thousands of low-income families, including a disproportionate number of women of color, must risk eviction or utilities being cut off or sell  basic household items to afford an abortion. 

Because of such injustices, NCLR recently signed on to a letter from more than 70 diverse organizations to the Obama administration, asking him to omit all restrictions on coverage and funding for abortion services in his proposed 2014 budget.  We joined our colleagues in the reproductive health, rights, and justice movement in opposing these funding bans because we know that reproductive freedom is an important issue for LGBT people.  For example, due to the pressures created by  discrimination, which may lead young lesbian and bisexual women to have unprotected heterosexual sex in order to hide their sexual orientation, studies show lesbian youth are significantly more likely to experience an unintended pregnancy than their straight peers. In addition, women who identify as lesbian or bisexual may have sexual relationships with men and are also just as vulnerable to sexual assault and exploitation as other women.  

NCLR is proud to partner with the growing number of organizations who recognize the connection between reproductive justice and LGBT rights. For example, NCLR is a member of Forward Together, an organization dedicated to bringing together a diverse network of organizations to transform policy and culture to empower all people to make decisions about their lives, bodies, and families.  The reproductive justice movement has given us critical new insights about the relationship between gender, race, class, sexual orientation, and reproduction. This includes recent essays and reports about trans women of color organizing for reproductive justice; the reproductive profiling of women of color; and the relationship between reproductive justice and voter suppression for women of color.

We are also proud to support our friends at the National Latina Institute for Reproductive Health, who in honor of Roe’s  40th anniversary, are hosting an event focused on achieving health, dignity and justice for Latinas, titled: “Yo Te Apoyo” (“I Support You”).  

Other champions in this work include Dr. Willie Parker, an abortion provider who has movingly written of how his conscience compels him to travel long distances to provide abortion care at the last abortion clinic in Mississippi, and Aspen Baker, who after having an abortion, discovered that there were very few resources for post-abortion emotional support (aside from those with anti-choice political agenda).  Dr. Parker has described how he became an abortion provider by reflecting on the teachings of Dr. Martin Luther King Jr., whose legacy we also celebrate this month.  Baker founded Exhale, a national, multilingual after-abortion talkline that provides support for people who have had an abortion to discuss their feelings.    

We are also proud to support the D.C. Abortion Fund, which was founded by volunteers at a rape crisis center who helped one of their clients raise money for her abortion.  They used the leftover funds to provide financial assistance to more women who could not afford the full cost of an abortion (eventually joining the National Network of Abortion Funds).  Now, the D.C. Abortion Fund—powered only by volunteers—raises and distributes more than $100,000 every year to women in the DC region who are unable to afford abortion care.    

We celebrate Roe v. Wade and the extraordinary commitments that people have made to keep abortion safe, legal, and accessible.  We also celebrate the everyday acts of empathy support that can be extraordinarily meaningful to people who need, or have had, an abortion—such as the Fargo, North Dakota art student who provides every patient at the Red River Woman’s Clinic with a handmade ceramic planter and a note from a supporter with messages like, “You are loved. You are beautiful. Today might have been a tough day for you, or it might have been a blessing. Just take it easy for a while.”

We applaud all those who do these things so that everyone who needs an abortion is fully loved and supported through the experience.

What will do to support someone this year?

Media Contact: NCLR Communications Director Erik Olvera | Office:415.365.1324 | EOlvera@NCLRights.org

NCLR Condemns Attempt to Deny Birthright Citizenship

By NCLR Policy Director Maya Rupert

Maya Rupert

The National Center for Lesbian Rights (NCLR) was outraged by the recently introduced “Birthright Citizenship Act of 2013,” discriminatory legislation that seeks to obliterate the 14th Amendment by denying birthright citizenship to the children of some immigrant parents.

This legislation, which has thus far garnered little attention or support, comes amidst momentum for Congress to take up the issue of comprehensive immigration reform. Reform to the immigration system is urgently needed to create a safe, humane, and inclusive immigration policy that aims at strengthening—not weakening—all families. NCLR is proud to be a part of efforts advancing this vision for immigration reform as a member of National Coalition for Immigrant Women’s Rights (NCIWR), the leading national coalition focusing on women’s and gender issues in immigration policy and public discourse.

Immigration reform is crucial to the lesbian, gay, bisexual, and transgender (LGBT) community. Currently, our immigration system doesn’t allow citizens to sponsor their same-sex foreign partner for citizenship. While the outline for immigration reform recently laid out by the Congressional Hispanic Caucus includes provisions that would create a category for sponsorship for same-sex partners, efforts like H.R. 140 threaten those principles of fairness and inclusion.

Moreover, our community consists of immigrants—both documented and undocumented—who need comprehensive and humane immigration reform, including a pathway to citizenship and birthright citizenship in order to participate as full and equal members of society without the fear of discrimination, detention, or deportation because of their country of origin or their race.

H.R. 140 represents an attack on the fundamental principles—one of the core tenets both of U.S. immigration policy and of the LGBT movement—that law and policy should work on behalf of all families, not some. The effort to deny birthright citizenship to the children of some immigrant parents is a direct attack on the legitimacy and equality of some families. It is a legislative vilification of immigrant mothers and families, and a terrible betrayal of the commitment that legal institutions should aim at making us live up to our most cherished ideals as a country, not undermine them.  NCLR looks forward to working with our partners at NCIWR and the broader immigration community to combat efforts like H.R. 140 and advocate for a fair and humane immigration policy.

Media Contact: NCLR Communications Director Erik Olvera | Office:415.365.1324 | EOlvera@NCLRights.org

Congress Fails to Reauthorize Violence Against Women Act

By NCLR Law Students for Reproductive Justice Fellow Laura Nixon and NCLR Policy Counsel Ashland Johnson

The National Center for Lesbian Rights joins our colleagues at organizations allied against violence against women in their astonishment and outrage that for the first time since 1994, the United States House of Representatives failed to reauthorize the Violence Against Women Act before the end of the 2012 congressional session. The House of Representatives’ failure to reauthorize this landmark legislation jeopardizes important preventative, legal, and support services (like rape crisis centers) for women who have survived the kinds of violence that were tolerated in our society for far too long.

The Violence Against Women Act (“VAWA”) is a federal law that allocates significant funds toward the investigation and prosecution of violent crimes that disproportionately impact women, imposes certain mandatory penalties on the offenders, and allows women and other victims access to civil remedies if their perpetrators are not criminally prosecuted. In addition, it established the Office of Violence Against Women in the Department of Justice. The Act was signed into law by President Bill Clinton in 1994, and has been reauthorized without much argument in the years since then.

However, earlier this year, the United States Senate approved VAWA for reauthorization and included crucial new provisions to support communities that have been especially marginalized and have specific vulnerabilities to violence including LGBT, Native American, and immigrant victims of domestic violence.

The Senate’s version of VAWA reauthorization provided critical expansions and support for VAWA services for LGBT victims in recognition of the fact that intimate partner violence (IPV) significantly impacts the LGBT community. According to a recent survey, lesbians, gays, and bisexuals were more likely to experience intimate partner violence in their lifetime as compared to heterosexual women and men and LGBT people of color remain especially vulnerable to intimate partner violence as they are four times as likely to experience intimate partner violence. Further, in a recent survey conducted by the National Center for Transgender Equality and the National Gay and Lesbian Task Force, 19% of Transgender respondents reported experiencing domestic violence at the hands of a partner based on their gender nonconformity. NCLR has made efforts to bring attention to the devastating impact of this violence on the LGBT community. This October, we observed Domestic Violence Awareness Month by partnering with the Department of Housing and Urban Development (HUD) to create a training on domestic violence in the LGBT community and its relationship to housing discrimination. We also created educational infographics about this important subject in partnership with our colleagues at the Human Rights Campaign.

The Senate’s reauthorization of VAWA contains other important provisions for underrepresented communities. It would support Native American women by closing a legal loophole that prevents non-Native American men from being prosecuted for domestic violence in most courts. In addition, it would support immigrant women by expanding the number of temporary visas for undocumented women who are victims of sexual abuse or domestic violence. However, because many members of the House of Representatives object to these new protections, the House failed to reauthorize the VAWA bill that passed the Senate before the end-of-the-year deadline.

To learn more about VAWA and how these important new provisions would support victims of violence who have suffered for far too long because failures of law and lack of support services through this most recent report at The Nation. Members of this new 113th Congress will now have to start from scratch to reauthorize VAWA, and we urge them to do so, keeping new protections for vulnerable people as a first priority.

Media Contact: NCLR Communications Director Erik Olvera | Office:415.365.1324 | EOlvera@NCLRights.org

HUD Enforces LGBT Equal Access Rule

(Washington D.C., January 2, 2013)—Today, the U.S. Department of Housing and Urban Development (HUD) announced a settlement agreement in a claim it brought against Bank of America for discriminating against a lesbian couple applying for a federally insured mortgage loan. This settlement marks HUD’s first enforcement action taken under its recently enacted LGBT Equal Access Rule.

The rule, which represents one of the most significant federal nondiscrimination efforts ever taken on behalf of the lesbian, gay, bisexual, and transgender (LGBT) community, went into effect on March 5, 2012. It prohibits discrimination based on sexual orientation, gender identity, and marital status in public housing and HUD’s core housing programs, including eligibility determinations for mortgage loans insured by the Federal Housing Administration (FHA). NCLR worked closely with HUD in the development of this rule, and has continued to partner with HUD on implementation of and education about the rule.

HUD brought the claim alleging that Bank of America’s denial of an FHA-insured mortgage loan from an otherwise eligible Florida lesbian couple because they were not married constituted discrimination based on sexual orientation and marital status. The agreement requires Bank of America to pay a fine of $7,500 and to notify its residential mortgage loan originators, processors and underwriters of the settlement agreement. Moreover, it requires Bank of America to take steps to re-train its employees that the Equal Access Rule prohibits discrimination against applicants based on sexual orientation, gender identity, and marital status.

Statement by NCLR Policy Director Maya Rupert, Esq.:

“Today’s announcement is a turning point for the LGBT community in its fight for equal access to fair and affordable housing. This settlement agreement shows how serious HUD is about working to ensure all people and their families can access public housing and crucial housing programs.

We congratulate Assistant Secretary John Trasviña and his staff on this important victory, and we look forward to continuing to work with HUD on its efforts on behalf of the LGBT community. We hope to work with entities like Bank of America as they bring their policies into compliance with the LGBT Equal Access Rule and train their staff to serve the LGBT community.”

Media Contact: NCLR Communications Director Erik Olvera | Office: 415.365.1324 | EOlvera@NCLRights.org