Oral arguments set in Texas and Louisiana marriage cases

Attorney General Greg Abbott

Atty. Gen Greg Abbott pandering in front of the 11 Commandments monument at the Texas Capitol. Yes, I know there are 10, but look closely at the monument and you’ll find 11 listed, which makes this among my favorite fake religion monuments.

The 5th Circuit Court of Appeals in New Orleans will hear the Texas and Louisiana marriage equality cases on Jan. 5.

In September, Judge Martin Feldman in Louisiana became the first federal district court judge to uphold a state’s marriage ban since the Supreme Court struck down the Defense of Marriage Act last year.

Texas’s marriage ban was ruled unconstitutional by San Antonio District Judge Orlando Garcia in DeLeon v. Perry. His decision is stayed pending appeal.

In his appeal, Atty. Gen. Greg Abbott resorted to using the “pedophile, incest and marrying farm animals” defense. Because underpopulation has been a worldwide plague, Abbott uses the responsible procreation defense that’s been thrown out by court after court.

What we found most interesting was his inclusion of a story from Dallas Voice written by Anna Waugh about a case from Fort Worth that is still pending before a trial court. Two Fort Worth men who claim they are heterosexual would like to get married in Texas.

From the brief (pages 23-24):

Not all persons who wish to marry a same-sex partner will have a homosexual orientation. The plaintiffs in McNosky v. Perry, No. 1:13-CV-00631-SS (W.D. Tex.), have publicly admitted that they have a heterosexual orientation and plan to marry each other as a statement of solidarity with same-sex couples. See Anna Waugh, Tarrant County Marriage

 

—  David Taffet

Know Your Rights at Work

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Greg Nivens

As we get ready to celebrate the Labor Day weekend holiday, Lambda Legal is launching the newest section of its “Know Your Rights” information hub, this time focusing on workplace rights for LGBT and HIV-positive people.

Greg Nevins, a Lambda Legal counsel and Workplace Fairness Project strategist based in the agency’s Atlanta office. said that workplace issues continue to be a major concern among those who call Lambda Legal’s Legal Help Desk. The new Know Your Rights Workplace site “will help people advocate for themselves as well as assist them if issues arise,” Nivens said.

He said the hub will soon be mobile-friendly and translated into Spanish. It includes legal and advocacy guidance on a wide array of issues, including what to do if you experience discrimination, what laws protect you, HIV discrimination in the workplace, what to do if you are fired, gender identity discrimination. job searches, immigrant rights, good company policies, how unions can help and same-sex spousal and partner benefits.

This is Lambda Legal’s third Know Your Rights hub. The other two are Know Your Rights: Teens and Young Adults, and Know Your Rights: Transgender.

—  Tammye Nash

Ask Lambda Legal: The Executive Order and You

A few details may have gotten lost in all the hoopla surrounding the executive orders President Obama signed last month prohibiting employment discrimination based on sexual orientation and gender identity. So here’s some info from Lambda Legal that may help clear up some questions:

By Greg Nevins, counsel for Lambda Legal

Question: I work for a local social service agency and read about President Obama’s executive order protecting LGBT workers. What does this mean for me?

Answer: President Obama’s historic executive order banning employment discrimination against LGBT employees of federal contractors and protecting transgender federal government employees was a needed step towards equality.

The executive order will provide explicit protection against sexual orientation and gender identity discrimination for millions of hard-working, tax-paying Americans, and Lambda Legal applauds President Obama for taking this important action.

The order is very important because federal statutes concerning job discrimination don’t explicitly use the words “sexual orientation” or “gender identity.” This leaves vulnerable to discrimination those workers in states that don’t provide separate legal protections.

With a stroke of his pen, the president changed the legal landscape for employees of federal contractors, especially those in states without LGBT-specific protections, but also for those workers in states that already have good non-discrimination statutes, because, to use a football analogy, discrimination now doesn’t result in just a penalty but may get a contractor tossed out of the game.

One of the major advancements of equality contained in the executive order is that it also will make explicit the protection against gender identity discrimination for federal government employees. This will clarify that executive branch policies are consistent with federal court decisions and the position of the Equal Employment Opportunity Commission (EEOC).

Clarity and consistency about non-discrimination requirements are crucial. It is important that employees have a policy and remedy in place that protects them when they endure discrimination. But what we all really want is for the discrimination not to occur in the first place, and the executive order’s clear language furthers that goal.

Unfortunately, the order does not protect all employees of private companies and businesses, and explicit protections for LGBT workers in the private sector vary from state to state. We have increasing recognition and obvious momentum towards nationwide workplace fairness, but there is still a ways to go.

Over the last several years, the EEOC has ruled that employees alleging anti-LGBT discrimination had legitimate Title VII sex discrimination claims; similar rulings have come from federal district courts in cases involving lesbian or gay workers, and from numerous federal district and appellate courts in cases brought by transgender workers.

Additionally, 18 states, the District of Columbia, and more than  200 jurisdictions — from small towns to large cities — have inclusive non-discrimination laws that prohibit employment discrimination on the basis of sexual orientation and/or gender identity.

In the meantime, we are deeply grateful to President Obama for continuing his administration’s progress toward full equality for LGBT workers, and Lambda Legal will continue to fight to expand protections for LGBT employees across the country.

If you have any questions, or feel you have been discriminated against because of your sexual orientation or gender identity, contact Lambda Legal’s Help Desk by calling 1-866-542-8336 go online to www.lambdalegal.org/help.

—  Tammye Nash

Kirven: Benny Longoria death certificate never signed

Benny Longoria

Benny Longoria

Dallas activist C.d. Kirven told Dallas Voice today, via email, that efforts to get Tulsa police to investigate the death of gay man Benny Longoria are moving forward.

A friend found Longoria, 40, dead in his apartment on June 20. But the man’s family said police did not contact them until a month later, that police had Longoria’s body cremated without notifying them and that police have refused to return his possessions, including his cell phone.

A representative of the company that manages the apartment complex where Longoria lived said that the apartment and most of his possessions were covered in blood when his naked body was found. Police have refused to investigate the case as a suspicious death.

Kirven learned of the situation earlier this week when Dallas City Councilman Adam Medrano contacted her and asked if she could help the Longorio family find answers.

Today, Kirven said the case is being investigated as possible HIV/AIDS-related discrimination, and that she has helped the Longoria family filed a complaint with the U.S. Justice Department alleging a violation of the Americans with Disabilities Act. Kirven also said she is helping the family file a complaint with the Internal Affairs division of the Tulsa Police Department.

Tulsa Police Sgt. Dave Walker reportedly told the family that Benny Longoria’s doctor verified that he died of a combination of ethanol abuse and HIV/AIDS. But Kirven said that when she contacted the office of Longoria’s physician, Dr. Frances Haas, she was told that Dr. Haas had not confirmed any cause of death and had not signed a death certificate.

Kirvin said today that she has obtained a copy of Longoria’s death certificate, which has not been signed by any doctor. She said Dr. Haas is mailing Benny Longoria’s medical records to his family and “wants nothing to do with Benny’s death.”

She also said that Capt. Alexander has said that because the doctor has not signed the death certificate, by law Longoria’s death has to be investigated as a suspicious death.

A memorial in celebration of Benny Longoria will be held Saturday at 5 p.m. at Compadres Mexican Grill, 7104 S. Sheriden Rd., in Tulsa. For information contact C.d. Kirven at 972-533-1593.

Kirven said that several TV stations have said they will be covering the memorial service and vigil, and that she was faxing a copy of the death certificate to KRMG radio in Oklahoma City, which is planning coverage of the case. She has also talked to a reporter with Vice.com.

Tulsa-based reporter Richard Fricker called Dallas Voice today in an effort to contact Kirven, and said that he knows of similar cases that have happened in Tulsa.

Dallas Voice will, of course, continue to follow this story as it unfolds, and will have a representative at the memorial service in Tulsa on Saturday.

memorial-flyer-Benny_Longoria

—  Tammye Nash

Obama signs executive order banning discrimination

Barack ObamaPresident Barack Obama signed an executive order this morning barring federal contractors from discriminating based on sexual orientation or gender identity. The Williams Institute at the University of California at Los Angeles School of Law estimates that the order would protect nearly 34 million employees nationwide, or about one-fifth of the nation’s workforce.

A fact sheet provided by the White House cites wide-ranging public support for barring discrimination based on sexual orientation or gender identity.

You can read the full text of the order here.

Check out the video here:

—  James Russell

Transgender news briefs

Trans woman murdered in Baltimore

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Mia Henderson

Baltimore City Police announced July 16 that they are investigating the murder of trans woman Mia Henderson, sister of NBA player Reggie Bullock. Henderson, 26, is at least the second trans woman killed in Baltimore in as many months. According to a press release from the National Gay and Lesbian Task Force, her murder is “the latest in a string of Baltimore area homicides in the last two months in which transgender women have been killed.”

Baltimore police Investigators said officers serving a warrant just before 6 a.m. in the 3400 block of Piedmont Avenue found Henderson’s body in an alley. They said the victim had “suffered severe trauma.”

Police said it was too early to tell if the case is related to a similar one a month ago in which another transgender woman was killed. The body of 40-year-old Ricky Hall, known as Kandy, was found stabbed on June 4 in a field near Coldstream Park Elementary-Middle School in northeast Baltimore, according to reports by WBALTV News 11.

 

USDA adopts trans protections

The U.S. Department of Agriculture has added gender identity protections to its federal nondiscrimination regulations regarding programs or activities conducted by the department. This makes USDA is the first federal agency to issue regulations banning gender identity discrimination in all activities conducted by any employee of the department, according to an NGLTF press release issued today.

“Fifteen years ago, the USDA paved the way on federal rights for LGBT people by becoming the first agency to add sexual orientation nondiscrimination protections. Yesterday, the USDA once again demonstrated their leadership and commitment to equality by extending nondiscrimination protections to transgender people in every program the department operates,” NGLTF Executive Director Rea Carey said.

 

Report: Nearly two-thirds of Massachusetts trans people suffer discrimination

The Fenway Institute and Massachusetts Transgender Political Coalition have released their Project VOICE report on transgender discrimination in public accommodations, which found that nearly two-thirds of trans residents of Massachusetts have experienced discrimination in a public accommodation setting in the last 12 years. Those experiencing discrimination were nearly twice as likely to report adverse physical and mental health outcomes, the report indicated.

The state’s Gender Identity Nondiscrimination Act, passed in 2011 and implemented in 2012, does not cover public accommodations.

Other findings reported in the study include:

• Overall, 65 percent of respondents reported discrimination in one or more public accommodation settings in the past 12 months.

• The five most prevalent settings in which discrimination was experienced were transportation (36 percent), retail (28 percent), restaurants (26 percent), public gatherings (25 percent) and health care facilities/services (24 percent).

• Those reported incidences of discrimination had an 84 percent increased risk of adverse physical symptoms, such as headaches, upset stomach or pounding heart, in the last 30 days and 99 percent increased risk of emotional symptoms in the past 30 days.

• 28 percent of respondents reported they had not seen a doctor in the last year.

• 29 percent reported having to teach their health care provider about transgender health issues in the last year.

The Massachusetts Legislature is currently considering passage of the Equal Access Bill, which would improve access to public accommodations for trans people there.

Download a copy of the complete report here.

 

European Court of Human Rights rules against trans woman in marriage case

The European Court of Human Rights has ruled that the country of Finland did not violate the human rights of a trans woman by requiring that her marriage be downgraded to a registered partnership in order for her to be legally recognized as a woman.

Before gender reassignment surgery, Ms. Hamalainen had married a woman, and Finnish authorities argued that legally recognizing her gender as female without ending her marriage would result in a same-sex marriage, which is not allowed under Finnish law.

Evelyne Paradis, executive director of ILGA-Europe, said: “The Finnish authorities argued and the European Court agreed that Ms Hamalainen’s family did not suffer disproportionately by their marriage being downgraded to a registered partnership as a registered partnership is almost identical to marriage in terms of rights and protections. Nevertheless, the court missed an important opportunity to condemn humiliating and discriminatory practices across Europe requiring trans people to end their existing marriage to obtain legal gender recognition.”

Trans people must end existing marriages to partners of the same-gender as they are post-transition to obtain legal gender recognition in 32 of 49 European countries.

—  Tammye Nash

Ted Cruz takes up fight for heterosexual privilege

Ted Cruz

Sen. Ted Cruz

Sen. Ted Cruz (R-originally from Canada) has taken up the fight for heterosexual privilege and discrimination against same-sex couples. He introduced the so-called State Marriage Defense Act of 2014. His only co-sponsor is Sen. Mike Lee (R-Utah). Canada is a marriage equality country. Texas, which Cruz represents, and Utah both have marriage-discrimination laws that have been declared unconstitutional by federal courts.

The bill would force the federal government to consider a couple’s place of residence rather than place of ceremony and invalidate marriages as people cross state lines.

Cruz claims his law would make the federal government respect all 50 states. However, federal regulations simply take place of celebration into account and do not invalidate marriages as people cross state lines.

The regulations do not force states to recognize marriages of same-sex couples. For example, married couples must file their federal income taxes as married, but the regulations do not force states to allow couples married elsewhere to file as married.

If Cruz’s law were to pass and be signed into law, gays and lesbians who live in marriage-discrimination states would lose social security, disability and other benefits making those states’ residents poorer.

Since he joined Congress in 2013, no legislation — this doesn’t include resolutions and amendments — Cruz sponsored has passed and been signed into law.

—  David Taffet

BREAKING: Tenth Circuit upholds marriage equality in Utah

10th CircuitThe Tenth Circuit Court of Appeals has upheld the lower court ruling in the Utah marriage discrimination case — Kitchen v. Herbert — that the U.S. Constitution guarantees same-sex couples due process and equal protection.

This is the first ruling by an appellate court since the landmark U.S. v. Windsor case was decided last June, striking down part of the Defense of Marriage Act and instructing the federal government to recognize marriages of same-sex couples.

“Today’s decision by the Tenth Circuit affirms the fundamental principles of equality and fairness and the common humanity of gay and lesbian people,” said Peggy Tomsic, one of the attorneys in the case. “As the Court recognized, these families are part of Utah’s community, and equal protection requires that they be given the same legal protections and respect as other families in this state.  The Court’s ruling is a victory not only for the courageous couples who brought this case, but for our entire state and every state within the Tenth Circuit.”

The 10th Circuit also heard the Oklahoma marriage discrimination case the same day, and is expected to hand down its ruling in the case any time now.

—  David Taffet

Is someone at Liberty University going to hell for hiring a gay?

Goldberg

Liberty University hired this gay

The Christian Post reported that Liberty University — What? Yes, I read the Christian Post, so you don’t have to, now stop interrupting.

The Christian Post reported yesterday that Liberty University — the school Jerry Falwell founded — hired gay dancer Geoffrey Goldberg to choreograph its production of Mary Poppins.

As the Christian Post put it, “the conservative Christian school’s stage company had sought the services of an ‘open homosexual advocate.’”

The school, to its credit, issued this statement to blogger Benjamin Corey:

“The choreographer in question is an independent contractor supplied to the university through a third party association and has never applied for employment at Liberty University and has never been an employee of Liberty. Liberty has never required vendors who provide goods and services to the university to adhere to the university’s doctrinal beliefs.”

To make things worse, Liberty’s stage company director Linda Nell Cooper told Christian News Network, she hired Goldberg “based on his professionalism and his talent like everyone else.”

And just what makes Goldberg so qualified?

He was in the original Broadway production of Mary Poppins.

The world is certainly coming to an end when theater is taken over by the gays — even at Liberty University. What makes this even more delicious, and The Christian Post  seems to have missed this, the school not only got a gay, but they got a gay Jew.

Mary Poppins opens tonight, in case you happen to be in Lynchburg, Va.

—  David Taffet

Former U.S. Senate candidate Craig James goes to work for hate group

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Former U.S. Senate candidate Craig James

Former SMU football player and candidate for U.S. Senate Craig James has taken a job with Family Research Council, listed as a hate group by the Southern Poverty Law Center. He will become assistant to the hate group’s President Tony Perkins.

In his Senate campaign, James was best known for his attacks on fellow candidate former Dallas Mayor Tom Leppert, who rode on a float with the Dallas City Council in the Alan Ross Texas Freedom Parade. Leppert participated in Pride until he decided to run for the Senate seat.

Leppert came in third in his Senate bid, ahead of James, who came in fourth. Sen. Ted Cruz won the election.

At a campaign debate at Dallas Country Club attended by Dallas Voice, James made this homophobic comment:

“You have to make that choice, absolutely. … Same-sex marriage, if someone chooses to do that, then that’s them, and God’s going to judge each one of us in this room for our actions, but in that case right there, they’re going to have to answer to the Lord for their actions. We should not give benefits to those civil unions. It should not occur. We have to stay strong on this. This is important, man. I tell you what, we have a fiscal issue in this county, but we also have a moral issue in this country, and as Christians we better stand up.”

After the campaign, Fox Sports hired James, but fired him a week later for comments made during the campaign.

“We just asked ourselves how Craig’s statements would play in our human resources department. He couldn’t say those things here,” Fox told Dallas Morning News at the time.

James is currently suing Fox for religious discrimination based on preserving his right to discriminate.

—  David Taffet