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Serving the gay, lesbian, bisexual, and transgender communities since 1971
Vol. 45 • No. 1 • January 1-7, 2015
New laws to take effect
Rick Gerharter
by Seth Hemmelgarn
MCC-SF, a longtime spiritual home for many LGBTs, will be put on the market next week.
C
alifornia is set to see several new LGBTrelated laws take effect in 2015. Because of bills signed into law by Governor Jerry Brown, death certificates have to reflect people’s lived Rick Gerharter gender identity, and Assembly Speaker criminal defendants Toni Atkins won’t be able to use victims’ sexual orientation or gender identity to help fight charges. Most of the new laws are expected to take effect January 1. One bill Brown signed last year was Assembly Bill 1577. Known as the Respect After Death Act, the law ensures death certificates for transgender people reflect their lived identities. The bill, authored by lesbian Assembly Speaker Toni Atkins (D-San Diego) was inspired by the death of Christopher Lee, a San Francisco artist and transgender advocate who had the wrong gender on his death certificate after his suicide in 2012. Transgender Law Center co-sponsored AB 1577, which takes effect July 1. Masen Davis, the nonprofit’s outgoing executive director, has stated it “brings us a significant step closer to making sure that all transgender people are able to live – and die – authentically in accordance with who they really are.” The LGBT lobbying group Equality California was another sponsor of the bill. Also last year, Brown signed Assembly Bill 2501, which was authored by Assemblywoman Susan Bonilla (D-Concord) and prohibits the use of the “panic defense,” where people charged with murder try to excuse their acts by claiming the victim’s sexual orientation or gender identity triggered them. EQCA co-sponsored the first-of-its-kind bill along with Attorney General Kamala Harris. “The ‘panic defense’ is a homophobic and transphobic ploy that blames the victims of horrific acts of violence for the crimes committed against them,” Rick Zbur, EQCA’s executive director, stated in a news release not long after the legislation was signed. “It has no place in California’s legal system.” Locally, the 2002 murder of transgender teen Gwen Araujo, 17, brought attention to trans panic defense tactics. Araujo reportedly engaged in anal and/or oral sex with Michael Magidson, Jose Merel, and his brother Paul Merel, who didn’t participate in the killing. Magidson and Merel claimed that the discovery of Araujo’s birth gender had threatened their sexualities and self-images. See page 10 >>
MCC-SF selling church, apartments by Seth Hemmelgarn
Freeway exit briefly closed
Rick Gerharter
O
ver 200 LGBT and other activists peacefully blocked the Highway 101 Octavia Boulevard exit to Market Street in San Francisco December 24 dur-
ing a queer march and rally in support of #BlackLivesMatter and against police brutality. The group then went to Castro and Market streets, where they blocked the intersection.
F
aced with a dilapidated building, Metropolitan Community Church of San Francisco, which for decades has been the spiritual home for many LGBTs in the Bay Area, plans to sell the 150 Eureka Street property and an adjacent four-unit apartment building in the Castro. MCC-SF plans to relocate and share space with a church in the Polk Gulch area. The Reverend Robert Shively, MCC-SF’s See page 2 >>
SF slow to enact LGBT senior report by Matthew S. Bajko
E
ight months after it received a detailed report on the needs of the city’s LGBT seniors, the San Francisco Board of Supervisors has yet to enact any legislation based on its recommendations. Gay Supervisors Scott Wiener (District 8) and David Campos (D9) in April had indicated that the first piece of legislation stemming from the 120-page report, titled “LGBT Aging at the Golden Gate: San Francisco Policy Issues and Recommendations,” would be introduced within the month. The first issues they decided to focus on is requiring all city departments to collect data on LGBT people, including seniors, and any service providers that work with seniors to train their staff on LGBT cultural competency. In 2013 Governor Jerry Brown vetoed a similar bill regarding LGBT data collection statewide, while a state law that requires LGBT cultural competency training for health care providers takes effect January 1. “In terms of all the recommendations, these were two very basic areas that we felt were important to address quickly,” said Wiener. “It is hard to pursue thoughtful policy without having data, so it was important to get the data going.” Yet the drafting of the San Francisco legislation has turned out to be more complicated than local lawmakers were expecting. Wiener had told the Bay Area Reporter he planned
Rick Gerharter
Supervisor Scott Wiener
to have it introduced by the end of 2014, but last week he said it would now be sometime in January. “Drafting innovative legislation is never fast,” he said. “As much as you want to get things done immediately, it takes longer than you think.” City officials did set aside a $220,000 two-year grant, at Wiener’s request, to fund programs aimed at assisting LGBT residents, particularly seniors, wishing to sign up for affordable housing wait lists. It was one of the suggestions high-
lighted in the LGBT aging report, which called on the city to provide housing search counseling for LGBT seniors. As for the delay with the legislation, it was partly due to Wiener’s office wanting to speak to as many service providers as possible to learn how “things are working on the ground,” he said, “so we are not just drafting legislation in a vacuum.” Campos did not respond to a request for comment for this story. In May he had said that his office was working with aging advocates on a “bill of rights” for LGBT seniors who are in long-term care facilities. He said he was also working on housing policy to address the needs of LGBT seniors. In August, in a memo sent to the members who served on the task force that issued the LGBT aging report, Department of Adult and Aging Services special projects manager Tom Nolan indicated that “significant progress” was underway on the ordinance for LGBT protection in long-term care facilities. Nolan, a gay man and former Project Open Hand executive director, also wrote that the Department of Human Resources had set aside funding for cultural competency training and that his department had secured funding for additional support for an ombudsman program. Ahead of the supervisors taking up the legislation, Nolan also wrote that outreach work to various city departments and local agencies was underway “in preparation for collection of LGBT demographic information and cultural competency training.”t
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