Houston’s State Rep. Garnet Coleman applauds Prop. 8 decision

State Rep. Garnet Coleman

Rep. Garnet Coleman, D-Houston, took to his blog today to applaud yesterday’s decision by the United States Ninth Circuit Court of Appeals declaring Proposition 8  unconstitutional (Prop. 8, passed in 2008, prohibited marriage equality in California):

“Yesterday’s 9th Circuit decision, just like the decision in Lawrence v. Texas, is a stepping stone on the path to marriage equality for all. As Judge Stephen R. Reinhardt of the 9th Circuit Court of Appeals wrote in the opinion, ‘Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gay men and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples.’ The same holds true for the marriage equality ban in Texas. That is why I continue to fight for marriage equality and continue to file the repeal of the ban of same sex marriage. Denying gay couples the right to marry is unconstitutional and a blatant denial of human rights. “

Coleman has a long history of filing pro-LGBT legislation in the Texas House. Last year he introduced historic legislation that, had it passed, would have called for a state-wide vote to repeal the section of Texas’ constitution prohibiting same-sex marriage, so he’s no stranger to the battle for marriage equality.

Coleman is seeking re-election to his District 147 seat. He will face long-time local LGBT activist Ray Hill in the Democratic Primary. No republican candidate has filed for the seat.

Read Coleman’s full statement on his blog.

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Ray Hill kicks off campaign for Texas House with YouTube videos

Ray Hill

Ray Hill

As previously reported by Houstini Ray Hill, the iconic and iconoclastic Houston LGBT activist, announced this year that he would challenge ten-term incumbent state representative Garnet Coleman in next spring’s Democratic Primary. Hill is running what he calls an “unfunded campaign,” relying on social media and support from community members to get his message out.

We haven’t heard much about the campaign since Hill filed at the beginning of the month (perhaps he’s been distracted by his recent arrest during an attempt to prevent the HPD vice squad from harassing strippers), but Hill seems to have gotten back into the campaign saddle, releasing two YouTube videos about his campaign and why he thinks he’s the best choice to represent district 147 (they can be viewed after the jump). The audio’s not the best (tip: taping next to a roaring waterfall does not produce the best sound), but in both videos Hill expresses his belief that the common people of the district will vote him into office. Judge for yourself:

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Iconic LGBT activist Ray Hill files for Texas House seat

Ray Hill

Ray Hill

Long time Houston LGBT activist Ray Hill filed paperwork this week to run for the 147th Texas House seat against incumbent Garnet Coleman, D – Houston. The iconic (and iconoclastic) Hill said that he and Coleman agree on many issues but that he had “some issues  that aren’t on the table in Austin.”

Specifically Hill has concerns with the legislature’s approach to criminal justice issues. “The Texas legislature is a serial world class red-necking competition,” says Hill. “What they are doing on criminal justice is wrong and it doesn’t work… we need a serious rethink.”

Coleman has a strong history of supporting LGBT legislation. For the last three sessions he has attempted to pass anti-bullying legislation that would require school districts to report instances of bullying using an enumerated list of motivating characteristics that include both sexual orientation and gender identity and expression, he has also filed legislation to remove the the crime of “homosexual conduct” from the Texas penal code (a law that has been declared unconstitutional by the Supreme Court), to equalize age of consent laws in Texas and to add gender identity and expression to the state’s hate crime law. In the 82nd legislature earlier this year Coleman authored seven pieces of legislation designed to create greater equality for LGBT people, including the first ever filing of legislation to standardize change of gender marker procedures for the transgender community and the first effort to repeal the state’s constitutional prohibition against marriage equality.

Hill recognizes Coleman’s historic contributions, “The incumbent and I agree on a lot of issues,” says Hill, “but we don’t tell young gay people ‘if you work real hard and go to school and do your best you can grow up to have straight friends in Austin who like you.’ No, we tell them ‘if you work hard they can grow up to be Mayor of Houston, or City Supervisor of San Francisco.’”

When asked why the community would be better served by him than Coleman, a 20 year legislative veteran, Hill replies “I understand how government works. A freshman legislator can’t do anything more than irritate, but that’s about all any member of the minority party can do. On that level the incumbent and I are on the same level… I think we need somebody obnoxious [in the legislature] who’s going to purposefully rub the cat hair the wrong direction.”

Since being elected to the legislature for the first time in 1992 Coleman has been unopposed in 5 of his 9 primary reelection bids. No primary challenger to Coleman has pulled more than 21% of the vote.

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Teacher accuses TC College of discrimination

Gill says English Department chair at Northeast Campus told her the state and the school ‘do not like homosexuals’

Jacqueline “Jackie” Gill
Jacqueline “Jackie” Gill

TAMMYE NASH  |  Senior Editor
nash@dallasvoice.com

HURST — Jacqueline “Jackie” Gill filed suit Wednesday, Sept. 7, against a professor and a dean at Northeast Campus of Tarrant County College in Hurst, claiming that she was denied the opportunity to apply for a permanent, full- time teaching position there because of the English Department chair’s bias against what he perceived her sexual orientation to be.

Tarrant County College adopted a nondiscrimination policy prohibiting discrimination based on sexual orientation on March 9 of this year.

Frank Griffis, director of public relations and marketing for Tarrant County College, said it “would not be appropriate” for school officials to comment on pending litigation. He also said school officials had not yet been served with papers and therefore had not read the complaint.

Gill said she had worked as a full-time temporary English professor for about a year at the Northeast Campus. But when the position was to be made permanent, English Department Chair Eric Devlin refused to allow her to apply for the permanent position.

Gill said when she complained about Devlin to Northeast Campus Humanities Division Dean Antonio R. Howell, he initially seemed to side with her, but after speaking to Devlin, Howell refused to communicate further with her. Gill said although she is a lesbian and has never tried to hide that fact, she had never talked about her orientation with Devlin or anyone else at the school.

Both Devlin and Howell are named as co-defendants in the lawsuit.

Gill is represented in the lawsuit by Lambda Legal South Central Region staff attorney Ken Upton, joined by pro bono counsel Benjamin D. Williams from the law firm of Gibson, Dunn and Crutcher.

Gill and Upton held a press conference Wednesday to announce that the lawsuit had been filed earlier that morning in U.S. district court in Fort Worth. The press conference was held at a Hurst hotel located just a few blocks from the Tarrant County College campus where Gill had taught.

According to the complaint filed Wednesday, and statements Gill made during the press conference, Gill was first hired on a full time, temporary basis as an English professor on Aug. 21, 2009. A little more than a month later, at the end of October, a female “dual-enrollment” student — a high school student who was also taking college classes — in Gill’s distance learning class cheated by stealing an exam and skipped some classes.

The student’s high school counselor told Gill that the student has a history of disruptive behavior, and when the student dropped the class, Gill was told the situation was closed.

On Nov. 9, however, Devlin called Gill into his office and told her the student had accused Gill of “flirting” with female students. Gill denied the accusations, noting that there was always another teacher in the class at the same time.

That’s when Devlin responded with “a lengthy diatribe about homosexuals and how the Texas public views them,” according to the complaint. Gill said Devlin went on to say that Texas is a conservative state and TCC is a conservative school, and that “Texas and Tarrant County College do not like homosexuals.”

Gill continued to teach at TCC, receiving high praise and compliments from students and staff alike, including from Devlin. Then in May 2010, she and other full-time temporary professors were told by Howell that all seven temporary full- time positions were being made permanent, and that they were being re-designated as adjunct faculty until the permanent positions were filled.

Gill said Howell also encouraged her and the other temporary professors to apply for the permanent jobs. Gill applied for all seven but was the only one of the seven temporary professors not hired for the permanent positions. Gill said that she was, in fact, not even allowed to interview for any of the positions, even though her experience and credentials were as good as or better than those who were hired.

Gill said she met with Howell and told him about Devlin’s anti-gay comments and refusal to allow her to interview for the permanent positions. She said Howell promised her to discuss the situation with Devlin immediately, but that he never got back in touch with her.

She said she also got no response when she tried to discuss the situation with the vice president and president of Tarrant County College.

Gill continued to teach as an adjunct professor at the campus through December 2010, although, she said, Devlin’s attitude toward her became “even more hostile.”

And she said that although she was originally assigned classes for the 2011 spring term, as she was preparing for those classes she discovered she had been removed as the professor. When she inquired about the status of the class, Gill said, she was told that Devlin had specifically instructed that those classes be taken away from her.

Upton said that Devlin and Howell violated the equal protection clause of the U.S. Constitution by refusing to allow Gill to apply for the permanent teaching position. He said Gill’s suit is asking that she be allowed to complete the application process and that she be compensated for the time she has been unemployed.

Gill, who is a Ph.D. candidate at the University of Texas at Arlington, said she would love to get a teaching job with TCC, and while she would prefer to work at another campus, she is willing to go back to the Northeast Campus and work again in Devlin’s department.

“I worked hard. I earned it,” Gill said of the permanent position. “I have nothing to be ashamed of. If it [her working in Devlin’s department again] would be awkward for anyone, I think it would be awkward for him [Devlin] because he is the one who was in the wrong.”

This article appeared in the Dallas Voice print edition September 9, 2011.

—  Michael Stephens

DOMA ruled unconstitutional by bankruptcy court

A federal bankruptcy court in California on Monday ruled that Section 3 of the Defense of Marriage Act is unconstitutional.

The U.S. Bankruptcy Court for the Central District of California in Los Angeles ruled that it is discriminatory to prevent a legally married same-sex couple from filing for joint bankruptcy.

The couple, Gene Balas and Carlos Morales, filed a joint chapter 13 petition. They were married in 2008 in California and remain legally married.

In his ruling, the judge wrote: “This case is about equality, regardless of gender or sexual orientation, for two people who filed for protection under Title 11 of the United States Code (Bankruptcy Code).”

It is “undisputed that the Debtors are a lawfully married California couple,” the judge wrote, adding that the couple came to the court to restructure and repay their debt following extended illnesses and long periods of unemployment.

The U.S. trustee for the case filed a motion to dismiss on the grounds that two men cannot file jointly for bankruptcy. The judge ruled the trustee did not ask for dismissal based on one of the 11 causes listed in bankruptcy law to dismiss, but simply because the couple are two men.

The judge said the trustee filed no relevant case law supporting his position and said the couple should not be singled out for discriminatory treatment. He cited the Obama administration’s position that DOMA is unconstitutional and ruled that, indeed it is.

—  David Taffet

Judge to rule this week in Nikki Araguz case

Nikki Araguz

Transgender widow vows appeal if she loses case

JUAN A. LOZANO  |  Associated Press

WHARTON, Texas — The transgender widow of a Texas firefighter will likely learn next week whether his family’s request to nullify their marriage and strip her of any death benefits will be granted, a judge said Friday.

State District Judge Randy Clapp made the announcement after hearing arguments in a lawsuit filed by the family of firefighter Thomas Araguz III, who was killed while battling a blaze last year. The suit argues that his widow shouldn’t get any benefits because she was born a man and Texas doesn’t recognize same-sex marriage.

The widow, Nikki Araguz, said she had done everything medically and legally possible to show that she is female and was legally married under Texas law. She believes that she’s entitled to widow’s benefits.

“I believe the judge is going to rule in my favor,” Araguz said after the court hearing.

The lawsuit seeks control over death benefits and assets totaling more than $600,000, which the firefighter’s family wants to go to his two sons from a previous marriage. Voiding the marriage would prevent Nikki Araguz from receiving any insurance or death benefits or property the couple had together.

Thomas Araguz died while fighting a fire at an egg farm near Wharton, about 60 miles southwest of Houston, in July 2010. He was 30.

His mother, Simona Longoria, filed a lawsuit asking that her son’s marriage be voided. She and her family have said he learned of his wife’s gender history just prior to his death, and after he found out, he moved out of their home and planned to end the marriage.

But Nikki Araguz, 35, has insisted that her husband was aware she was born a man and that he fully supported her through the surgical process to become a woman. She underwent surgery two months after they were married in 2008.

Longoria’s attorney, Chad Ellis, argued that Texas law — specifically a 1999 appeals court ruling that stated chromosomes, not genitals, determine gender — supports his client’s efforts to void the marriage.

The ruling upheld a lower court’s decision that threw out a wrongful death lawsuit filed by a San Antonio woman, Christie Lee Cavazos Littleton, after her husband’s death. The court said that although Littleton had undergone a sex-change operation, she was actually a man, based on her original birth certificate, and therefore her marriage and wrongful death claim were invalid.

Ellis presented medical and school records that he said showed Nikki Araguz was born without female reproductive organs and that she presented herself as a male while growing up and going to school. He also said her birth certificate at the time of her marriage indicated she was a man.

“By law, two males cannot be married in this state,” Ellis told the judge.

Nikki Araguz, who was born in California, did not change her birth certificate to reflect she had become a female until after her husband’s death, said Edward Burwell, one of the attorneys for Thomas Araguz’s ex-wife, Heather Delgado, the mother of his two children.

But one of Nikki Araguz’s attorneys, Darrell Steidley, said that when his client got her marriage license, she presented the necessary legal documents to show she was a female. He also noted changes made in 2009 to the Texas Family Code that allowed people to present numerous alternatives to a birth certificate as the proof of identity needed to get a marriage license. That was an example, he argued, of the state trying to move away from the 1999 appeals court ruling.

The changes in 2009 allowed transgendered people to use proof of their sex change to get a marriage license. The Texas Legislature is currently considering a bill that would prohibit county and district clerks from using a court order recognizing a sex change as documentation to get married.

After the hearing, the firefighter’s family and attorneys for his ex-wife criticized plans by Nikki Araguz to star in a reality television dating show and implied she was only interested in money and fame that the case would bring her.

“That is absurd,” Nikki Araguz said in response. “I’m after my civil equality and the rights that I deserve as the wife of a fallen firefighter.”

If the judge rules against the firefighter’s family in their motion for a summary judgment, the case would then proceed to trial. Araguz said if the judge rules against her, she would appeal, all the way to the U.S. Supreme Court if necessary.

—  John Wright

DVtv: Easter in the Park 2011

DVtv’s Israel Luna and Brad Pritchett filed this video report from Sunday’s Easter in the Park celebration at Lee Park. To view our slideshow from the event, go here.

—  John Wright

Complaint: LGBT immigrants abused, neglected at detention centers run by Homeland Security

The National Immigration Justice Center has filed civil rights complaints on behalf of 13 LGBT immigrants who were allegedly abused and neglected at detention centers run by the U.S. Department of Homeland Security in nine states, including one in Houston. The Heartland Alliance’s NIJC filed the complaints today in a letter addressed to Homeland Security’s Office for Civil Rights and Civil Liberties, calling on the department to investigate and implement new policies.

The group has also launched a petition calling on the DHS and President Barack Obama to end the abuse of LGBT immigrants in detention.

The 13 complaints include allegations of sexual assault, denial of adequate medical care, long-term solitary confinement, discrimination and abuse, and ineffective complaints and appeals process. Below are a few examples from the letter, which you can download in its entirety here:

• [Juan] was sexually assaulted by two other detainees. Despite repeated requests for a transfer to another facility because he feared for his safety [Juan] was not transferred until three months after the incident, when ICE Headquarters intervened. In the meantime, the only “protection” that the Otero County Detention Center offered was placement in the “hole.” (Otero County Detention Center, New Mexico)

• [Delfino] was held in segregation for four months, justifying their decision on the basis that [Delfino] presented “effeminately.” Facility staff refused to provide [Delfino] a Bible and permitted him only one hour of recreation – in a cold nine- by-thirteen-foot cell – per day. (Houston Processing Center, Texas)

• [Monica] continues to be denied hormone therapy, despite her use of hormones for ten years prior to immigration detention, and her physical and psychological reliance on them. [Monica], now detained for over five months, told NIJC staff, “I can’t even look at myself in the mirror anymore,” due to returning facial and body hair and other distressing changes. [Monica], an asylum seeker who has suffered grave past abuse in Mexico, also received no treatment for her trauma- related depression. She attempted suicide in February 2011 – the facility put her in solitary confinement as punishment. (Santa Ana City Jail, California)

• [Alexis] was repeatedly called a “faggot” by guards, who also made jokes about her dying of AIDS. They singled her out for public searches in which they forced her to remove her outer clothing and mocked her exposed breasts. (Theo Lacy Facility, California)

—  John Wright

More amicus briefs filed: Eagle Forum, Liberty Counsel — in support of Obama DOJ DOMA defense

More amicus briefs filed: Eagle Forum and Mat Staver & Bam Bam’s Liberty Counsel — in support of the government’s DOMA defense in Gill et al. v. Office of Personnel Management et al. From Gay & Lesbian Advocates & Defenders (GLAD):

We have received amicus briefs on behalf of DOJ from Eagle Forum, the American College of Pediatricians, and one from the attorneys general of Indiana, Michigan, Utah, Colorado, and South Carolina.

Also up are the briefs from the Pacific Justice Institute and the Foundation for Moral Law. From the Liberty Counsel brief, an attempt to say Loving v. Virginia is not a legitimate comparison to refer to when considering the legalization of same-sex marriage.

Loving v. Virginia is readily distinguishable.

The District Court’s reliance on Loving v. Virginia, 388 U.S. 1 (1967), as evidence that Congress lacks authority to define marriage for purposes of federal laws is misplaced. (Op. at 7-8). To support its conclusion that Congress lacked authority to define marriage in DOMA, the District Court stated that prior to Loving, when some states prohibited interracial marriages, the federal government relied on state law definitions of marriage for purposes of federal law. Not only does this fail to address the other federal statutes mentioned above that defined marriage, it also ignores a critical distinction between the situations when, on the one hand, a state law definition of marriage is more restrictive than a federal definition of marriage (as in the instance of the state bans against interracial marriage), and, on the other hand, a state law definition is more expansive than a federal definition that incorporates the longstanding common law definition of marriage as the union of one man and one woman.

As the Supreme Court ultimately and correctly held in Loving, it constitutes unconstitutional discrimination to prohibit interracial marriage. Prior to Loving, the federal government accepted the state definition of marriage for purposes of many federal statutes from those states that prohibited interracial marriages. Although no state should ever have prohibited such marriages, there are at least two reasons why the federal government might have relied on the state law definitions for purposes of federal statutes even when the state definitions unconstitutionally prohibited interracial marriages.

First, none of the marriages presented to the federal government for recognition was inconsistent with the longstanding definition of marriage as the union of one man and one woman. Thus, while all the marriages allowed by the state fit the longstanding common law definition of marriage, the state’s definition included fewer marriages than would be accepted by the federal government. In other words, the federal government was not asked to acknowledge as a valid marriage anything that was inconsistent with the longstanding common law meaning of marriage as the union of one man and one woman. Second, the interracial couple could relocate to another state that permitted interracial marriage and, in turn, have their marriage recognized for purposes of federal statutes.

In contrast with the federal government’s acceptance of the more limiting state definition of marriage before Loving, the relief requested by Massachusetts asks the federal government to broaden its definition of marriage to include relationships that are inconsistent with the longstanding definition of marriage as the union of one man and one woman. In other words, it asks the federal government to recognize as a valid marriage a relationship that is repugnant, as was polygamy and bigamy, to the common law definition of marriage.

Pam’s House Blend – Front Page

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Why Fox News’ Story On Gay Soldiers Living Under DADT Never Got Filed

"It's the story I regret most not reporting," writes gay veteran television reporter Dominic Di-Natale, who's on contract with Fox News. "While in Iraq and Afghanistan throughout 2009 and 2010 I was approached by more than a dozen American gay combat soldiers wanting to discuss living and fighting under Don’t Ask, Don’t Tell. … The first gay serviceman to contact me did so in a brave but disarming fashion. A specialist from Ft Carson, C.O. walked directly up to my cameraman and I while we were filming on base in Mosul last spring. He very pointedly said wanted to talk about how 'you got something real wrong about the Army.' At first I thought it was yet another soldier unhappy with press coverage of the war. Fox is big on military stories and we air both the successes and the failures of their combat efforts, which often draw pointed comments from servicemen. He said it was a big story but he wouldn’t talk while the bases’ public affairs officer, who was escorting us, was present. Like others who emerged, the specialist, aged 21, didn't want to bemoan living a lie or enduring the homophobic comments that punctuate the cultural requisite of male soldiers asserting their masculinity. Instead, he and the other men I eventually interviewed, all of whom went outside the wire daily, had killed insurgents and dutifully covered their fellow men's backs under kinetic and hostile conditions, explained that they were 'out' to their unit and that those units either acknowledged it but had not chosen not to report them to command, were comfortable with them or actively embraced them – usually with a lot of good-natured soldierly ribbing. More often than not their squadron would defend them from slurs by other companies without revealing the truth. What a story, what a scoop. Here was in-theatre evidence that disproved in numerous examples the argument that openly serving homosexuals were a threat to unit cohesion in a combat environment. While I was under no illusion that there would be companies and commands where it would be a fractious problem and that egos on both sides of the fence could clash within units, it clearly wasn’t the case in every example." So why didn't Di-Natale's report get filed?

CONTINUED »


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