Attorney General’s office warns of scam following leak of state workers’ personal information

This isn’t a specifically LGBT news item, but I know for a fact that there are tons of  teachers and other state workers — retired and otherwise — who are LGBT, so here you go:

Texas AG Greg Abbott

State Attorney General Greg Abbott today warned that retired and current state workers whose personal information was recently “inadvertently stored on a publicly accessible website” by the Texas Comptroller’s Office are apparently now being targeted by scammers out to steal identities.

Abbott’s press release said that an employee of the Health and Human Services Commission has reported receiving a telephone call from someone who identified himself as “Mike” with the Employees Retirement System of Texas (ERS) and said he was calling to confirm the last four digits of the employee’s Social Security number. (Just so you know, having the last four digits of your SSN lets someone who knows what they are doing to access all sorts of personal information about you.)

The employee who reported the call refused to give the caller their SSN, and the caller finally hung up with the words, “Good luck to you.”

—  admin

Anti-gay measures filed in Texas House

Dennis Coleman

As deadline looms, Chisum files bill to give AG more time to intervene in same-sex divorce case; Workman files resolution urging Obama to defend DOMA

DAVID TAFFET  |  Staff Writer
taffet@dallasvoice.com

Just before the Texas Legislature’s deadline for filing new bills passed last week, one anti-gay measure and one hostile resolution were filed in the House of Representatives. It was the first time in six years that anti-gay measures have been introduced.

Rep. Paul Workman, a freshman Republican who represents the southwest corner of Travis County, introduced a resolution to urge U.S. President Barack Obama to defend the Defense of Marriage Act. In February, the president directed Attorney General Eric Holder to stop defending DOMA in court.

So far the resolution, known as HCR 110, has no Senate counterpart bill.

Equality Texas Executive Director Dennis Coleman said a resolution doesn’t need a committee hearing before going to the floor. The resolution was added to the LGBT lobby group’s tracking list, but Coleman did not express concern.

“So far, we don’t see it as having any traction,” he said.

Rep. Warren Chisum, whose district covers part of the Panhandle and is known as one of the most conservative members of the House, has filed a bill to give the Texas attorney general more time to intervene in same-sex divorce cases.

The move comes after Texas AG Greg Abbott tried to intervene in the divorce of a lesbian couple in Austin but was declared ineligible by an appeals court because he had missed the deadline.

This bill would give that office up to 90 days after a divorce is settled to intervene.

Coleman laughed and said, “It was introduced because [the attorney general] missed the window. We want to give him more time so he doesn’t miss the window again.”

Coleman said that it was interesting that a legislature that was elected to get government out of people’s lives was considering bills that interfered more when it came to the lives of gays and lesbians.

Known as HB 2638, the bill has no co-sponsors and has not been referred to committee yet. A Senate counterpart was not been filed.

Now that the filing period for new bills has ended, Coleman said his organization’s main concern is amendments that could weaken pending legislation or add anti-LGBT measures to other laws.

Anti-bullying bills

Several bills addressing bullying have been introduced in both the Senate and House of Representatives. But not all those bills have gained ringing endorsements from LGBT activists, while the two that had advocates most hopeful have been stripped of language enumerating protected categories.

Sen. Wendy Davis and Rep. Mark Strama authored identical bills that have been amended and are now known as CS (Committee Substitute) SB 242 and CS HB 224. A House committee has already heard the bill. Coleman said that most of the testimony supported the bill and only two groups spoke in opposition.

Coleman said that as a result of the recent LGBT Lobby Day, Rep. Alma Allen of Houston has signed on as a new co-sponsor. He has spoken to others in both the House and Senate about adding their names.

Rep. Garnet Coleman of Houston introduced another anti-bullying bill in the House known as Asher’s Law, in memory of Asher Brown, a Houston 13-year-old who committed suicide last September.

Asher’s Law would mandate creation of suicide prevention programs for junior, middle and high schools. It requires training for counselors, teachers, nurses, administrators, social workers, other staff and school district law enforcement to recognize bullying and know what to do to stop it. A report would be submitted to the legislature by Jan. 13, 2013.

The bill also defines cyberbullying in state law for the first time.

That bill was placed in the public health committee. Dennis Coleman liked that the legislature was treating suicide as a public health issue and thought the bill had a good chance to move to the House floor from committee.

He said legislators favoring anti-bully laws have told him that they need to continue to hear from constituents, especially from teachers and principals.

This article appeared in the Dallas Voice print edition March 18, 2011.

—  John Wright

Is Greg Abbott going to sit idly by while a federal court throws out Texas’ gay marriage ban?

Greg Abbott

Ten states have submitted a brief opposing same-sex marriage to the federal appeals court that will decide whether California’s Proposition 8 violates the U.S. Constitution, The Associated Press reports. But guess what? Texas isn’t one of them.

Anti-gay Texas Attorney General Greg Abbott, who’s fought to prevent Texas courts from recognizing same-sex marriage even for the limited purpose of divorce, has failed to get involved in a case that could ultimately result in the state’s marriage ban being thrown out:

Former Utah Sen. Scott McCoy, the first openly gay state senator, said Saturday he is not surprised Utah signed on to the opposition brief. If the California ruling against Proposition 8 is upheld, it would follow that Utah’s Amendment 3, which defines marriage as a union exclusively between a man and a woman, is unconstitutional, he said.

Abbott’s failure to get involved is even more surprising given that the brief filed Friday specifically argues that states, and not federal courts, should determine whether to allow same-sex marriage. As you may know, Abbott is all about states’ rights and protecting us from Washington and the evil federal government. So what gives?

We’ve contacted spokesman Jerry Strickland to find out why the Texas AG’s office has chosen to sit this one out, but thus far no response. Stay tuned.

—  John Wright

Texas AG Greg Abbott argues that he can’t be sued for discriminating against gay employees

Greg Abbott

Last November we reported on a lawsuit filed by Vic Gardner of Tyler, who alleges that he was forced out of his job with the state attorney general’s office for being gay.

Jason C.N. Smith of Fort Worth, who’s representing Gardner in his suit against a former supervisor and AG Greg Abbott, reports that the case is set for a hearing in an Austin district court next Tuesday.

Smith said the AG’s office has field a motion seeking to dismiss the case, on grounds that Abbott can’t be sued for damages for discriminating against people on the basis of sexual orientation.

Although Texas has no statute prohibiting anti-gay job discrimination, courts have held that gay and lesbian government employees are protected by constitutional principles such as privacy and equal protection, Smith said. Still, he said it’s possible that Abbott would appeal the case all the way to the Texas Supreme Court.

“My hope is that the Texas Supreme Court would follow the lead of the U.S. Supreme Court and hold that gays are protected under the constitution,” Smith said. “I think certainly the law is very clear. It’s just a matter of whether they’re going to play politics with the gay community.

“Greg Abbott’s record both as a Supreme Court justice and as Texas attorney general, he’s not one who’s embraced giving everyone equal rights, so it doesn’t surprise me that he doesn’t s think folks who are fired because they’re gay should be able to recover damages,” Smith added.

Garder, who’d worked for the AG’s child support division for about three years, says he resigned after repeatedly being unfairly disciplined. Despite Gardner’s above-average job performance, according to the lawsuit, Gardner’s supervisor had directed him to “not be so out.”

Gardner is seeking reinstatement to a similar position and back pay, as well as a declaration by the AG’s office that he was discriminated against and a pledge not to do so going forward.

A spokesman for Abbott’s office has declined to comment on the case.

—  John Wright