Al Franken asks public for help passing Student Non-Discrimination Act

Sen. Al Franken

Sen. Al Franken

Sen. Al Franken, D – Minnesota, is asking the public for help passing S. 555, The Student Non-Discrimination Act, a bill that would prohibit discrimination against public school students on the basis of sexual orientation or gender identity. Under the provisions of S. 555 students who experienced discrimination because of their real or perceived sexual orientation or because of their association with LGBT people could bring a civil suit against the school officials or districts responsible for the discrimination. The bill currently has 34 co-sponsors (none from Texas) and its House companion (H.R. 998 by Rep. Jared Polis, D – Colorado) has 150 (with 7 Texan co-sponsors including Houston’s own Sheila Jackson Lee and Al Green) . Both bills have been referred to committee but neither has received a hearing, a crucial step towards becoming law.

In the video requesting the public call their Senators (after the break) Franken points out that federal law already provides protection for school children harassed because of race, color, sex, religion, disability, and national origin, but that no protection exists for sexual orientation or gender identity.

The inclusion of “association” in S. 555 is particularly well thought out. According to the Williams Institute nearly 1 in 5 same-sex couples in the United States is raising children, in Harris County 18% of same-sex couples are.  As these children enter school it’s important that they be able to receive an education without harassment or bullying due to who their parents are.

Franken is asking people to call the Senate switchboard at 202-224-3121 and encourage their Senator’s to support the bill.

—  admin

A beer by any other name…

On the long list of ridiculous Texas laws the alcoholic beverage code would have to take up about half the space (although that whole “no marriage equality” thing is pretty far up there), but it seems like at least a part of our antiquated system of booze laws is getting an update. Under current state law “beer” can contain no more than 4% alcohol by volume, anything greater and it must be labeled as “ale” or “malt liquor.” If a recent ruling by US District Court Judge Sam Sparks holds that’s about to change.

A group of brewers sued the state arguing that the current restrictions violated their free speech. The judge agreed, and in a hilarious ruling poked fun at the Texas Alcoholic Beverage Commission for thinking they can redefine words by legislative fiat, and gave a shout-out to Austin’s annual bat festival.  From Austin360.com:

“TABC’s argument, combined with artful legislative drafting, could be used to justify any restrictions on commercial speech. For instance, Texas would likely face no (legal) obstacle if it wished to pass a law defining the word ‘milk’ to mean ‘a nocturnal flying mammal that eats insects and employs echolocation.’ Under TABC’s logic, Texas would then be authorized to prohibit use of the word ‘milk’ by producers of a certain liquid dairy product, but also to require Austin promoters to advertise the famous annual ‘Milk Festival’ on the Congress Avenue Bridge.”

 

—  admin

What’s Shakin’ – Siriano at Galleria, Voter turnout continues to lag

Christian Siriano

Christian Siriano

1. As previously reported by Houstini, Project Runway Season 5 winner Christian Siriano’s coming to the Houston Galleria Payless Shoe store today to show off his expanded Payless collection, including an assortment of shoes and handbags. Siriano will be available for photos with his “fierce” -ly loyal fans. The posing and pouting kick off at 5 pm at the Galleria, 5061 Westheimer Road.

2. Voter turnout continues to be paltry. So far 40,189 people have voted, only 71% of the 55,152 who had voted by this point during the 2009 municipal elections.  Early voting continues through November 4.  Election day is Nov 8. A list of all early voting locations and sample ballots  are available at harrisvotes.org.

3. Yesterday Rep. Todd Akin, R – MO, who successfully introduced an amendment to the House version of the National Defense Authorization Act earlier this year which would prohibit same-sex marriages from being performed on U.S. military bases, delivered a letter to the Senate calling on them to pass similar legislation.  The letter was signed by 86 members of the 435 member House, including 7 Texans, all Republicans: Mike Conaway, Francisco Canseco, Louie Gohmert, Ralph Hall, Sam Johnson, Michael McCaul and Randy Nuegebauer.

—  admin

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

Indiana House to Prohibit Same-Sex Marriage and Civil Unions in Valentine’s Day Vote?

Happy Valentine's Day from the Hoosier State. A vote is on tap in Indiana's House which would prohibit recognition of same-sex marriage and civil unions in the state, and that vote could come as early as today:

Indiana Political analysts expect that the ban is almost certain to pass, with Republicans in control of the Legislature.

The amendment states that only marriage between one man and one woman is valid in Indiana, and prohibits civil unions by stating that a legal status "substantially similar" to marriage for unmarried people is not valid.

Opponents have argued that the amendment isn't needed because Indiana law already bans gay marriage, but supporters said they are concerned that the courts could overturn that law.

Supporters also contend that traditional heterosexual marriage is best for raising children. Opponents said the amendment seeks to write discrimination into the state's constitution.

A House panel approved the measure last week.


Towleroad News #gay

—  David Taffet