Coleman introduces ‘Asher’s Law’

Asher Brown, left, and Rep. Garnet Coleman

Today as LGBT citizens from around the state converged on Austin to lobby lawmakers on LGBT issues, state Rep. Garnet Coleman, a Democrat from Houston, introduced “Asher’s Law,” a bill that would “help protect our children before they are terrorized and traumatized both physically and mentally,” according to a press release from Coleman’s office.

Before this session of the Texas Legislature even began, Coleman had prefiled HB 1386. Asher’s Law — HB 2343 — is identical to that earlier legislation except that Coleman renamed it in honor of Asher Brown, a gay 13-year-old from Houston who committed suicide last year after enduring relentless bullying from his classmates and peers.

Coleman said that he renamed the legislation with the permission of Asher’s parents, Amy and David Truong. Coleman said, “The Truongs are acting with grace and courage. They are allowing a tremendous personal tragedy be a catalyst for change in state statute. We should honor them.”

Coleman said that Asher’s Law, if passed, would direct the Department of State Health Services and the Texas Education Agency to implement a program to recognize students at risk of emtoional trauma or committing suicide, intervene effectively and refer students to mental health services if necessary. The bill would require school districts to report incidents of harassment and bullying to the TEA annually and to train district employees on preventing bullying and harassment. It also addresses harassment and discrimination by school district employees toward students and other employees.

In addition, Asher’s Law gives school districts the option of transferring a bully, instead of current practice which is to transfer the student being bullied.

Coleman has filed similar bills in every legislative session since 2003. Prior to that year, he supported similar bills filed in each session by then state Rep. Harryette Ehrhardt, a Dallas Democrat.

—  admin

Local Briefs

S. Dallas AIDS Walk orientation set

Volunteer orientation for the South Dallas AIDS Walk takes place on March 15 at 10 a.m. and 2:30 p.m. and on March 16 at 6:30 p.m. at Sanford Brown College, 1250 W. Mockingbird Lane.

The walk will be on March 19 and benefits the Anthony Chisom AIDS Foundation and other South Dallas AIDS service providers. Auntjuan Wiley is the event chair. To volunteer, contact Ray Jordan at 214-491-8028.

LGBT Lobby Day set in Austin

The LGBT community will gather in Austin this weekend for several conferences that culminate in lobby day at the state capitol on Monday, March 7.

Registration for lobby day begins at 7:30 a.m. at First United Methodist Church Family Life Center, 1300 Lavaca St. in downtown Austin.

At 9 a.m. Equality Texas will hold a press conference on the south steps of the Capitol. Rep. Garnet Coleman of Houston and the parents of suicide victim Asher Brown will speak. Brown would have celebrated his 14th birthday on March 2. Joel Burns has been added to the speakers line up. After a training session, lobbying begins at 11 a.m. Lunch will be served at the church at noon with lobbying continuing another two hours on Monday afternoon.

DBA offering free LegalLine

The Dallas Bar Association will offer two LegalLine call-in programs in March, in which volunteer attorneys will answer legal questions free of charge. The programs will be held from 5:30 p.m. to 8 p.m. on Wednesday, March 9, and Wednesday, March 16.
For LegalLine assistance, call 214-220-7476 between 5:30 p.m. and 8 p.m. on the designated days.

Words of Women celebration set

The 9th Annual Words of Women, a Dallas Celebration of International Womens Day, will be held at The Women’s Museum: An Institute for the Future, 3800 Parry at Exposition in Fair Park, on Sunday, March 13, from 12:30 p.m. to 4 p.m.

The event will feature the Words of Women Essay of the Year Presentation, speakers addressing issues of important to women, music and entertainment, an information table and food.

One of the main topics will be the women of Egypt.

Dallas County Sheriff Lupe Valdez will attend.

Suggested admission is $10. Parking is free. For more information, call Christine Jarosz 214-319-6696 or Linda Evans at 214-660-1820, or e-mail Teresa Nguyen at teresa@redidagency.com.

This article appeared in the Dallas Voice print edition March 4, 2011.

—  John Wright

Equality Texas sets LGBT lobby day for March 7

Equality Texas hoping for more than 400 to participate in lobbying effort; Stonewall Democrats, TENT planning weekend gatherings

DAVID TAFFET | Staff Writer
taffet@dallasvoice.com

Equality Texas is calling on the LGBT community and its allies to converge on Austin on March 7 to lobby the Texas Legislature on a slate of already-filed bills.

Bills filed include anti-bullying legislation; a bill to prohibit of insurance discrimination based on sexual orientation, gender identity or expression; a bill allowing both same-sex parents to be listed on an adopted child’s birth certificate; a bill banning employment discrimination based on sexual orientation, gender identity or expression; and a bill to repeal Section 21.06 of the Texas Penal Code, the sodomy statute that has been ruled unconstitutional.

In addition, Rep. Garnet Coleman of Houston has filed a joint resolution to repeal the state’s constitutional amendment banning same-sex marriage. Coleman has filed a similar resolution in each legislative session and, as is past sessions, the resolution is not expected to pass.

Dennis Coleman, executive director of Equality Texas, asked that people planning to attend the lobby day pre-register on his organization’s website.

Those who do register in advance and indicate an interest in a particular bill will be sent to offices of legislators who will hear those bills in committee.

The day begins with registration at 7:30 a.m. followed by a press conference at 9 a.m. Rep. Garnet Coleman and the parents of suicide victim Asher Brown are expected to speak.

Dennis Coleman

Dennis Coleman said that an hour of orientation is meant to put people at ease, teach them to simply tell their own stories and put together small groups of people that pair first-timers with more experienced lobbyists.

“Lobbying is about telling your own story,” Dennis Coleman said. “You never know who you’ll meet.”

Legislators are lobbied daily, Dennis Coleman said. Sometimes the lawmakers are in their offices and receive constituents. Other times those constituents meet with the lawmaker’s legisltive director. He said that senators and representatives who are allies need to hear support from their districts, but opponents need to hear from the LGBT community as well.

He said Equality Texas is working with legislators on bills that would benefit the LGBT community and hasn’t had to spend much time this session fending off discriminatory legislation.

Local representatives have taken the lead in proposing much of the positive legislation.

Sen. Wendy Davis of Fort Worth submitted a bill prohibiting bullying in public schools. That law would also address cyberbullying.
Rep. Mark Strama of Austin filed similar legislation in the House.

Rep. Roberto Alonzo of Dallas wrote HB 208 that would prevent insurance discrimination. The bill would keep insurance companies from refusing to insure, charging a different rate or limiting coverage in amount, extent or kind because of bias or prejudice based on sexual orientation and gender identity or expression.

Dallas Rep. Rafael Anchia authored HB 415, the bill that would repeal language that states that only a mother and father may be listed on the birth certificate of an adopted child.

Lobbying will begin at 11 a.m.

“That should give people a chance to visit about three offices before lunch,” Coleman said.

Equality Texas is providing a continental breakfast in the morning as well as lunch. After lunch, constituents will visit offices until 3 p.m. followed by a one-hour debriefing session.

Coleman said more than 200 people are already registered but he’s hoping for 400. Among those participating are members of Stonewall Democrats who will be in Austin for a weekend conference.

Arizona state Sen. Kyrsten Sinema, who is openly bisexual, will be the opening keynote speaker for the Texas Stonewall Democrats Caucus statewide conference on March 5.

The conference takes place at the Hilton Garden Inn on 5th Street. Among the weekend’s other highlights, Mara Keisling, executive director of the National Center for Transgender Equality, will lead a roundtable discussion on transgender issues on Sunday morning. On Sunday afternoon, the Transgender Education Network of Texas will hold its second Transgender Caucus, also at the Hilton Garden Inn.

To register for Lobby Day, visit EqualityTexasLobbyDay.com.

This article appeared in the Dallas Voice print edition Feb. 25, 2011.

—  John Wright

Coleman files bill to repeal Texas’ marriage ban

Rep. Garnet Coleman

State Rep. Garnet Coleman, D-Houston, has filed a joint resolution that would repeal the state’s constitutional amendment banning same-sex marriage. Coleman has filed a similar resolution in each session since the constitutional amendment was placed on the ballot by the Legislature in 2005.

In order to pass, the resolution would need a two-thirds majority vote in both the House and Senate. Needless to say, this isn’t going to happen, but hey, you’ve gotta start somewhere. If Coleman’s resolution were to pass, repeal of the amendment would still need to be approved by a simple majority of voters and would appear on the ballot in November 2011.

Unfortunately, a repeal of the constitutional amendment is necessary before Texas can grant same-sex couples any form of relationship recognition, including civil unions or domestic partnerships. That’s because the broadly worded amendment prohibits the state or a political subdivision from creating or recognizing any legal status identical or similar to marriage.

The full text of Coleman’s H.J.R. 102 is after the jump.

—  John Wright

TX Lege: Pro-LGBT bills see ‘flurry of activity’

Chuck-Smith
Chuck Smith

It’s been a good week for pro-LGBT bills in the Texas Legislature.

Three bills backed by Equality Texas were referred to House committees and another three were filed as lawmakers started getting down to business in the 2011 session.

“There was kind of a flurry of activity this week,” said Chuck Smith, deputy director of Equality Texas. “The lower your bill number is, the greater opportunity you have to have a committee hearing sooner rather than later. It’s possible that either the birth certificate [bill] or some of the bullying bills may have hearings in the next couple weeks, and that’s certainly positive.”

HB 415, by Rep. Rafael Anchia, D-Dallas, would allow same-sex parents to record both of their names on an adopted child’s birth certificate. The bill was referred Wednesday to the House Committee on Public Health. Two years ago, Anchia’s birth certificate bill received a very favorable hearing in the same committee, Smith said.

“There’s a decent chance we could have another good hearing. I’m hopeful that we might be able to win a vote in that committee,” he said, adding that testimony two years ago came from children of same-sex parents who told legislators they merely want accurate birth certificates. “It’s a pretty straightforward and compelling argument.”

—  John Wright

Garnet Coleman files suicide prevention bill that would ban anti-LGBT bullying, discrimination

Rep. Garnet Coleman

State Rep. Garnet Coleman, D-Houston, has filed a bill that he says is designed to prevent future tragedies like the suicide of Asher Brown, a gay 13-year-old who took his own life last year in response to bullying at school.

Coleman’s HB 1386, filed today, calls on the state to develop a comprehensive suicide prevention program for middle, junior and high schools. The bill would also ban anti-LGBT bullying, harassment and discrimination in public schools.

“This is a heartbreaking public health threat which we need to address,” Coleman said in a press release. “I’m sick of nothing happening. We need to protect our children before they are driven to suicide or become severely and emotionally ill.

“It is our responsibility to ensure that a school is a safe learning environment for all children,” Coleman added. “Our children should focus on their studies, not worry about verbal and physical threats from their peers.

“Too many young lives are being taken because of intimidation and countless more are at risk,” he said. “This tragic loss of life is completely preventable.

“Current policy unjustly continues to punish the victim. We need to change that.”

The bill is similar to one Coleman has filed in every legislative session since 2003.

To read the full text of HB 1386, go here. We’ve posted Coleman’s press release after the jump.

—  John Wright

Bill would ease sexting penalties, but consensual gay sex can still be a felony for teens in Texas

Attorney General Greg Abbott

Texas Attorney General Greg Abbott is endorsing legislation that would ease criminal penalties for teens who are convicted of sexting — transmitting explicit photos of themselves or other minors using computers and mobile devices.

Currently, teens who send or receive photos of someone who is underage can be charged with third-degree felony child pornography, punishable by up to 10 years in prison, and forced to register as sex offenders for the rest of their lives.

Under SB 408, which was filed today, sexting would become a class-C misdemeanor for first-time violators who are under 18.

“Studies show that teenage students are increasingly taking, sending and receiving explicit pictures of themselves on their mobile telephones,” Abbott said in a press release. “This dangerous trend is harmful to young Texans. We are joining with Sen. Kirk Watson to address the growing problem of sexting and educate – not criminalize – young Texans who make the unwise decision to participate in it.”

For once we agree with Abbott here. This bill makes sense for both straight and LGBTQ teens, and perhaps especially for gay teens in the age of Grindr, etc.

But if our attorney general truly supports the concept of not criminalizing teens, he should also support efforts to fix the state’s discriminatory age-of-consent laws, commonly referred to as “Romeo and Juliet” provisions.

As we’ve noted before, if a 17-year-old MALE has consensual sexual contact with a 16-year-old MALE in Texas, the older individual can be charged with a second-degree felony and sentenced to up to 20 years in prison. On the other hand, if the older individual is MALE and the younger person is FEMALE (or vice versa), the older person can argue an “affirmative defense” and have the charge dismissed on that basis.

In other words, while SB 408 would make sexting a class-C misdemeanor, gay teens who have consensual sex, unlike their straight peers, have no defense against a charge of indecency with a minor.

Rep. Garnet Coleman, D-Houston, has introduced bills in previous sessions that would fix this discriminatory law, but there’s no word on whether he plans to do so this year.

Even if he does, don’t expect Abbott to support it.

UPDATE: Coleman’s office confims that he does plan to file the bill again this year.

—  John Wright

Rep. Coleman: Gov. Perry’s re-election would put lives of thousands of Texans with HIV in danger

Rep. Garnet Coleman

The Dallas Morning News reports today that the Texas HIV Medication Program, which supplies life-saving medication to people with HIV/AIDS who can’t afford it, will run out of money in the next two years.

You see, thanks to our fiscally conservative GOP leadership of the last decade, the state is facing a massive budget shortfall — of up to $21 billion — and state agencies are being asked to cut their budgets by 10 percent. But in order to sustain the HIV medication program, which helps about 13,700 people a year, the state will need to increase its contribution by about 50 percent — or more than $10 million.

According to Democratic State Rep. Garnet Coleman of Houston, a longtime LGBT ally, the chances aren’t good that our current leaders would be willing to fund the program as needed. Here’s what Coleman told The DMN:

“If [Rick] Perry’s still governor and there’s essentially the same team, then it could be very hard, especially if they’re emboldened by election results, instead of following what is humane for people,” Coleman said.

One of the obvious reasons behind Coleman’s concerns, which isn’t mentioned in the story, is that Perry and many other Republicans still view HIV/AIDS as a gay issue, and they believe homosexuality is immoral. Perry has himself said that if gays aren’t happy about the way they’re treated in Texas, they should move to another state. And after all, it’s right there in the state GOP platform: “We believe that the practice of homosexuality tears at the fabric of society, contributes to the breakdown of the family unit, and leads to the spread of dangerous, communicable diseases.”

—  John Wright

Houston legislators Coleman, Farrar announce plan to re-introduce Dignity for All Students Act

State Reps. Garnet Coleman of Houston, left, and Mark Strama of Austin

State Reps. Garnet Coleman and Jessica Farrar, both Houston Democrats, on Friday released a joint statement announcing their intention to once again file the Dignity for All Students Act when the 2011 Texas Legislature comes into session, saying that “recent news reports have highlighted the necessity for such legislation.”

The news reports the statement references revolve around the recent suicides of teens who had been bullied and harassed because of their actual or perceived sexual orientation, including 13-year-old Asher Brown of Houston, who shot himself to death on Thursday, Sept. 23.

The Dignity for All Students Act would prohibit discrimination and harassment in public schools on the basis of ethnicity, color, gender, gender identity or expression, sexual orientation, disability, religion or national origin.  It would also prohibit discrimination based on association with a person, and protects both the parents of students and whistleblowers who may report incidents of discrimination or harassment.

Chuck Smith, deputy director of Equality Texas, said that Coleman has been filing the Dignity for All Students Act since 2003, but the bill itself has been filed in Texas legislative sessions since 1997 when then-State Rep. Harryette Ehrhardt of Dallas introduced the measure.

Smith said the Dignity for All Students Act introduced in the 2009 legislative session, authored by Coleman and co-authored by El Paso Democratic State Rep. Marissa Marquez, was sent to the Public Education Committee but did not get a hearing that session.

Another measure, the Safe Schools for All Youth Act introduced in 2009 by Austin Democratic Rep. Mark Strama, is also likely to be refiled in 2011, Smith said. The 2009 version of Strama’s bill, which expanded and clarified the definition of bullying to include cyber-bullying and bullying that occurs off-campus, did pass out of the Public Education Committee and the Calendar Committee and was “in line for floor debate when everything died in the House in the stall that occurred in an effort to avoid dealing with voter ID bills,” he said.

Strama’s bill, Smith said, “uses language that teachers and administrators can relate to. It would create a definition of what bullying is and what cyber-bullying is, what to do when bullying or cyber-bullying occurs and strategies to reduce incidents of bullying and cyber-bullying. It adds those definitions into existing laws about what triggers some sort of disciplinary action.”

He said that the 2011 version of Strama’s bill — which had four joint authors and 13 co-authors — will include even more than was included in the 2009 version. He also said that Coleman and Farrar’s Dignity for All Students Act and Strama’s Safe Schools for All Students Act aren’t redundant.

“The two bills would both be part of the Texas Education Code, but they would be in different parts of the Texas Education Code. Coleman’s bill would be in Chapter 11, and Strama’s bill would be in Chapter 37. They don’t overlap,” Smith said.

He added that these two might not be the only two bills bullying and harassment in public schools to be filed in the 2011 legislative session.

“There is certainly the possibility that there will be additional bills filed,” And if there could be anything good to come out of recent events, maybe it’s that it could help us reach the tipping point where something will actually get done this year.”

The 82nd Texas Legislature convenes in January.

—  admin

Why haven’t these anti-gay Texas leaders said anything about Wednesday’s Prop 8 ruling?

Wednesday’s ruling in the Prop 8 case represents a potential threat to Gov. Rick Perry’s baby, 2005′s Prop 2. So why hasn’t he said anything to defend it?

Perry v. Schwarzenegger could eventually result in Texas’ same-sex marriage bans being struck down by the U.S. Supreme Court. So you’d expect politicians here to be lining up to sound off about Wednesday’s watershed ruling from U.S. District Judge Vaughn Walker that declared California’s Prop 8 unconstitutional. Or not.

So far, we’ve seen only two statements from Texas politicians — both in support of the ruling. Linda Chavez-Thompson, the Democratic nominee for lieutenant governor, posted a message on Twitter on Wednesday afternoon.

“So glad to hear Prop 8 was overturned today,” Chavez-Thompson wrote. “It was discrimination at its worst. I will keep fighting for equality for all Texans.”

And Democratic State Rep. Garnet Coleman of Houston said this via-email:

“I’ve always supported marriage equality for all Americans and believe that the U.S. Constitution supports it as well. When Texas passed its constitutional ban on same-sex marriage and civil unions in 2005, I filed a constitutional amendment to let voters repeal the discriminatory amendment. I’m glad to see that our country continues to move forward. Every year, the public’s opinion on marriage equality is more supportive. The law should prohibit discrimination, not sanction it.”

Republican Gov. Rick Perry, who championed Texas’ marriage amendment, hasn’t said a word about the Prop 8 ruling other than perhaps to his wife, though he did post a statement on his website Thursday ranting about a spending bill in Congress (since when did Washington become more of a threat than the homosexuals?).

Likewise, we haven’t heard anything from Republican Attorney General Greg Abbott, who’s fighting to protect Texas from gay divorce; or Republican Ag Commish Todd Staples, who co-authored Texas’ marriage amendment and filed a brief opposing gay divorce; or Republican Lt. Gov. David Dewhurst, who’s apparently more concerned about drama classes at Tarleton State University.

In fairness, we also haven’t seen statements from the likes of openly gay Houston Mayor Annise Parker, Democratic gubernatorial nominee Bill White or any of the other statewide challengers.

In the end, it appears that with a key election a few months away, most would rather simply avoid this issue altogether, which is rather telling if you ask us.

Anyhow, now that we’ve had a chance to sift through our Inboxes, we’ve posted some of the other local reactions we’ve received below.

Cece Cox, executive director, Resource Center Dallas:

“Judge Vaughn Walker’s ruling in the Perry vs. Schwarzenegger case — striking down California’s Proposition 8 as a violation of both the due process and equal protection clauses of the Fourteenth Amendment — will be remembered for its pivotal role in our march towards equality.

“In plain and direct language, Judge Walker said that “plaintiffs do not seek recognition of a new right…many of the purported interests identified by proponents [of Proposition 8] are nothing more than a fear or unarticulated dislike of same-sex couples…moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians.

“But, it’s important to remember that Judge Walker’s ruling is not the last word in this fight. Forty-five states, including Texas, deny marriage to our community. The case now likely moves to the Ninth Circuit Court of Appeals, and may end up at the U.S. Supreme Court.

“Much work needs to be done. Until our relationships and families are legally recognized in all states, we are second-class citizens. Continue to have conversations with your families, friends, and co-workers about why marriage equality is important. The tide of public opinion is gradually changing in our favor, and what seemed a dream a generation ago is one major step closer to fruition.”

The Rev. Jo Hudson, senior pastor, Cathedral of Hope:

“Today [Wednesday], Chief U.S. District Judge Vaughn Walker declared the California state law that defines marriage as a union of one man and one woman unconstitutional. I applaud this ruling and believe that Judge Walker has issued a just and fair ruling that pleases God. The journey to full marriage equality for all Americans is still before us. But I have faith that the God who created each of us and called it good is with us in this journey and will see it through. As the world’s largest predominantly lesbian, gay, bisexual and transgender congregation, we stand with the 18,000 same-sex couples who have already been married in California and with the hundreds that have been married here at the Cathedral of Hope in our 40 years of ministry. We also stand with every gay, lesbian, bisexual and transgender person who has courageously made covenant with someone they love despite the laws in our nation. This is a day of celebration and joy and we have seen the realm of God come closer to the earth and for that I give God thanks.”

Equality Texas Executive Director Dennis Coleman:

“As we stand in solidarity with Californians, we must remember that our work is far from over. The laws in Texas are not similar to California. Existing law here allows for systematic discrimination against lesbian, gay, bisexual and transgender Texans every single day. There is much work to be done legislatively to change the laws in Texas. And in order to change the laws, we must elect public officials who will support equal treatment under the law for every Texan.”

—  John Wright