The National Center for Lesbian Rights Newsletter | SUMMER 2012
FOR
JUSTICE
NCLRights.org
Facebook.com/NCLRights
Twitter.com/NCLRights
YouTube.com/NCLRights
NCLR BLOG
NCLRights.WordPress.com
NCLR Celebrates 35 Years
Snapshots from NCLR’s 35th Anniversary Celebration.
More than 1,500 people celebrated NCLR’s 35th Anniversary Celebration in San Francisco on May 5th, 2012, recognizing the accomplishments of six student plaintiffs from Minnesota’s Anoka-Hennepin School District and the fabulous Jane Lynch. When Dylon Frei stepped up to the podium at the Anniversary Celebration to accept an award for his courage, he did so with a confidence he didn’t have a few years ago. “I’m gay—and I’m happy,” the 15-year-old said to a roar of applause from the sell-out crowd before accepting his award and waving it over his head. Just last year, Dylon joined five other students who filed a federal gender and sexual orientation harassment lawsuit against Minnesota’s AnokaHennepin School District, challenging a district policy that made it difficult for staff to protect them from anti-lesbian, gay, bisexual, and transgender bullying.
The six students—Dylon, Brittany Geldert, Damian McGee-Backes, Ebonie Richardson, Kyle Rooker, and Kyrstin Schuette—were honored with NCLR’s Courage Award for standing up to the district, which resolved the lawsuit in March 2012 by agreeing to sweeping changes to protect those who either are or are perceived to be LGBT. One-by-one, the students told the audience about their experiences, but more importantly how their lives—and the lives of countless classmates—have changed for the better since they decided to speak out against the policy. “It was through the lawsuit that I really found myself—someone who is young, someone who
SAVE THE DATE: NEXT YEAR’S ANNIVERSARY CELEBRATION IS MAY 18, 2013
is proud to be out, and someone who is unafraid to speak up,” Dylon told the crowd. “I learned that one voice is enough to create change, and six voices can make a lasting impact that will benefit thousands of other students now and in the future.” Brittany couldn’t contain her emotions as she stepped up to the podium—choking back tears as partygoers shouted, “we love you” and “you go girl”—and said she got involved with the lawsuit to try to stop bullying in the district, which was labeled a “contagion area” after nine students who had attended district schools took their own lives between 2009-2011. CONTINUED ON PAGE 3…
A
THE AGENDA
Maryland
Maryland Marriage Case Highlights Emerging Issue
Obama’s Work Advancing LGBT Issues
NCLR Helps Launch Nike LGBT Sports Summit
PAGE 3
PAGE 4
PAGE 5
“Why I Have to Speak Out” PAGE 6
Update on NCLR’s Active Work
Donor Profile: NCLR Talks with Julie Hash and Carol Meyer
PAGE 7
PAGE 12
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OUT FOR JUSTICE
ANNOUNCEMENTS
FOLLOW KATE @ Facebook.com/KateKendell Twitter.com/KateKendell KATE’S BLOG
NCLRights.org/KatesBlog
MESSAGE FROM THE EXECUTIVE DIRECTOR
Making History, and Celebrating It! As I write this, I am still buzzing from both the NCLR 35th Anniversary Celebration and President Obama’s announcement fully affirming the dignity and equality of same-sex couples by supporting our freedom to marry. THAT, my friends, makes for a pretty awesome start to summer! Our Anniversary Celebration was a perfect mix of emotion and pure fun. We honored the six students in our lawsuit against Minnesota’s Anoka-Hennepin School District who stood up to a virulently anti-LGBT district policy AND those who took the policy as license to terrorize kids who were “different.” Five of our clients joined us for the evening, four of them with their parents. The fabulous Wilson Cruz presented them with the NCLR Courage Award, saying, in part, that they “made history by making district schools safer for all students.” When each of the kids spoke, standing with their parents and attorneys, truly being embraced by more than 1,000 loving folks who fully supported them, well, let’s just say, the tissues were out in full force. Later at the Anniversary Party, these five young people, all of whom had been made to feel, in the words of one, “gross,” danced up on the stage for two full hours. The lump in my throat never left. We also honored the legendary Jane Lynch. Jane and her wife, Lara Embry, are great friends to NCLR, and despite enormous popularity and success, Jane is unfailingly gracious. Lara presented her wife with the NCLR Vanguard Award and I think it is safe to say that her tribute marks the first time an award recipient has ever been referred to as a “muff-diver.” It was a hilarious moment in a heartfelt and loving speech. Jane, as always, credited others for her success and demonstrated once again why she is a role model. Two days after the Celebration, I headed to New York and it was there, standing with NCLR Deputy Director Arcelia Hurtado in front of Lincoln Center that we heard the news of Obama’s support for marriage equality. Arcelia and I screamed and hugged. It is a tremendous thing to have the unconditional support of our President in affirming our full humanity and dignity. In the days that followed, more people and organizations—Colin Powell, Jay-Z and the NAACP—have also come out in support of marriage equality. Now, many weeks later, it is clear that something has shifted—we are never going back, and a new high water mark has been reached. The arc has tilted just a bit more. We are living in an amazing, complicated, fascinating, and troubling time. We are called to engage and respond and care as never before. At NCLR, we do our best, day in and day out, to answer the call. We never doubt the privilege it is to do this work, we never question the outcome, and we never lose hope that every small act makes an impact. We have been doing this for 35 years—and look at where we are now. You have been with us every step of the way. Your support, faith, and encouragement have brought us to this day. Thank you and onward.
Stay Up-To-Date with NCLR! NCLR is committed to fighting for your rights, and keeping you informed of all the legal decisions and key policies that impact your lives, as well as the lives of your family and friends. As always, our legal team provides you with comprehensive analysis of important legal developments, breaking down and interpreting legal issues for you, and, in the process, answering your questions about how these issues affect you. Log on, sign up for our email list, and stay tuned in to all of our latest work and LGBT news. NCLRights.org Facebook.com/NCLRights Twitter.com/NCLRights YouTube.com/NCLRights NCLRights.WordPress.com
Do You Tweet @NCLRights? Comment on Facebook? When you tweet and Facebook us, we listen— and we love hearing what you have to say. Let us know what you’re thinking. We’ll publish some of our favorite tweets and Facebook posts here and in our e-newsletter.
John Bare @JBinSFO I am always overcome with emotion as we conclude another @NCLRights gala, this their #nclr35th. I am TRULY privileged 2B among such heroes
Claire Bernish xoxo ♥
What’s That? Wondering what that strange looking symbol is above? It’s a QR code! We’ve placed them throughout the newsletter for easier and faster access to more content on our website. Here’s How To Use It… 1 Search for and install a free QR reader app on your smart phone or tablet. 2 Launch the app and focus your device’s built-in camera on any QR code.
Kate Kendell, Esq.
3 Click ‘scan’. Voila…you’re connected with online content in seconds!
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SUMMER 2012
MARRIAGE
Wedlocked No More! Maryland Victory Sheds Light On An Emerging Issue for Married Same-Sex Couples Across the Country What would you do if you were married to a same-sex partner and wanted to end your relationship, but lived in a state that won’t allow you to divorce? Across the country, more lesbian, gay, bisexual, and transgender people are finding themselves in this situation. By Shannon Price Minter, Esq. NCLR Legal Director Every year, more states and countries allow same-sex couples to marry. But in the states that continue to bar same-sex couples from marriage, a new legal question is emerging: will the state permit married same-sex couples to divorce, even though it will not allow them to marry? If not, these couples are stuck in a terrible legal limbo. They are legally married, and their marriages are recognized in many places. But they cannot get a divorce where they live, and they cannot file for divorce in another state because they are not residents there. As a result, these couples are “wedlocked”—they are locked into a legally binding marriage with no way to divorce. NCLR has been working hard to come up with legal solutions to help these couples. In 2011, NCLR worked with California legislators to change the residence requirement for filing for divorce in California. The old law required that at least one spouse must have lived in California for six months before filing for divorce here. The new law allows couples who married in California to divorce in California if the couple lives in a state that will not permit them to divorce even if neither spouse is a current California resident. In 2011, two members of NCLR’s National Family Law Advisory Council, Michele Zavos and
Professor Nancy Polikoff, drafted similar legislation for the District of Columbia. That legislation went into effect May 31. Vermont passed similar legislation, which went into effect on July 1. NCLR has also been helping family law attorneys across the country develop the best legal arguments to help couples facing this stressful dilemma. In some states, trial courts are quietly granting divorces or using other legal mechanisms to dissolve these marriages. In other states, appellate courts—which have the power to define the law across an entire state—are ruling on this issue. On May 18, 2012, in an NCLR case, Maryland’s highest state court ruled that Maryland will recognize the marriages of same-sex couples who married in other places, even though they cannot marry in Maryland. The couple in the case—Jessica Port and Virginia Cowan—married in California in 2008. In 2010, after they decided their marriage had come to an end, Jessica filed for divorce in Prince George County, Maryland. The trial judge found that Jessica and Virginia met all of the legal requirements to divorce. But the judge denied the divorce, saying that “to recognize the alleged marriage would be contrary to the public policy of the state of Maryland.” NCLR and co-counsel, Maryland attorneys Michele Zavos and Eva Juncker of the Zavos Law Group, represented Jessica in appealing the decision. We argued that Maryland has always
Maryland recognized marriages from other states, regardless of whether the couple could have married in Maryland, and asked the Court to apply the same rule to the marriages of same-sex couples. Lambda Legal and Maryland attorneys Mark Scurti and Leslie Stellman of Hodes, Pessin and Katz, represented the other spouse. On May 18, 2012, in a unanimous decision, the Maryland high court adopted our arguments and ruled that Maryland must recognize these marriages. We are thrilled by this decision, which means not only that married same-sex couples in Maryland who have broken up will no longer be in legal limbo, but also that Maryland will recognize marriages between same-sex spouses for all purposes. Especially because same-sex couples can marry in the District of Columbia, which is right next door to Maryland, this is a huge step forward. NCLR is proud to be on the forefront of family law issues and to partner with some of the most creative, visionary, and resourceful private attorneys in the country. If you are an individual or an attorney seeking a divorce in a state that does not permit same-sex couples to marry, please let us know! We will be sure you have the most up-to-date information on legal developments on this important new issue. More on the case at NCLRights.org/PortvCowan
CONTINUED FROM COVER
“I lost my closest friend, Samantha, who took her own life because she couldn’t take any more of the constant name-calling, bullying, and harassment,” Brittany said. “When I decided to stand up against the district with the lawsuit, I wasn’t only doing it for myself, but for all other students who have experienced similar mistreatment and pain. And I did it especially in Sam’s memory.”
Back row: Student plaintiffs Dylon Frei, Kyrstin Schuette, Damian McGee-Backes, former NCLR client Lara Embry, actress Jane Lynch, actor Wilson Cruz; Front Row: emcee Kate Clinton, student plaintiff Kyle Rooker, NCLR Executive Director Kate Kendell, and student plaintiff Brittany Geldert.
NCLR also presented acclaimed actor Jane Lynch —of “Glee,” Julie & Julia, and countless other films—with its Vanguard Award for using her skyrocketing fame as a platform to raise awareness about bullying and creating safe environments for students to go to school.
“I am honored and proud to be recognized by NCLR, which has given LGBT people and their families hope through its tireless work to gain dignity, respect, and, above all else, equality for all,” Jane said. “I love the selflessness and generosity of the organization … I feel like I should be honoring them.” Check out event photos at: Facebook.com/NCLRights or NCLRights.org/2012Anniversary. Watch event videos at: YouTube.com/NCLRights
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OUT FOR JUSTICE
President Obama’s Record on LGBT Issues President Obama’s history-making announcement that he supports marriage equality marked the first time a sitting President has ever embraced full equality for our families and community. With that landmark announcement, the President has changed the national conversation about our families. By Maya Rupert, Esq. NCLR Federal Policy Director
The President’s announcement that he supports marriage equality has encouraged other highprofile leaders and organizations to express their support for marriage equality, most notably the NAACP, which decided in a near-unanimous vote to pass a resolution officially supporting marriage equality. The President also adds his voice to a growing chorus of people of faith who embrace equality not in spite of their religious beliefs, but because of them. It would be tempting to see this moment as the most significant of the President’s efforts on behalf of the LGBT community. But this incredible proclamation is only the most recent step in the President’s determined march toward equality for the LGBT community. It joins a steady stream of moments that have defined his presidency and forever raised the bar for what can be expected of leaders working with the LGBT community. The President’s impressive legislative record includes signing both the Matthew Shepard and James Byrd Jr. Hate Crimes Act and the repeal of Don’t Ask, Don’t Tell. And when Congress would not act, this administration has taken strong actions to include and protect the LGBT community in every area under executive control.
RELATIONSHIP RECOGNITION
In February 2011, President Obama declared his belief that the so-called “Defense of Marriage Act” (DOMA) is unconstitutional and directed the Justice Department to stop defending this unjust law in court. NCLR was proud to have been involved in the advocacy efforts that led to this announcement. In high-level meetings with the Justice Department, White House Counsel, and even President Obama, we urged the administration to take this position. The government now joins LGBT advocates in cases involving DOMA, urging federal courts to strike down the law as unconstitutional. More recently, the Department of Veteran’s Affairs adopted this position as well and declared that it would not defend DOMA in cases where same-sex spouses of veterans seek spousal benefits.
FAMILIES & PARENTING
At the same time, the administration revised the regulations enforcing the Family and Medical Leave Act to ensure that LGBT parents can take family leave under the Act, regardless of whether
they are married, and directed every federal agency to identify and provide every spousal benefit that can legally be extended to same-sex partners of federal employees.
HOUSING
The Department of Housing and Urban Development (HUD) has been particularly active in combatting housing discrimination against LGBT people, and NCLR is proud to have worked closely with them on many of these efforts. In 2010, HUD announced that all grant-seekers applying for funds from HUD must comply with state and local laws prohibiting discrimination based on sexual orientation or gender identity. It also announced that it would interpret the Fair Housing Act’s prohibition against sex discrimination to protect transgender and gender non-conforming people. In September 2011, NCLR co-hosted a webinar with HUD that educated HUD staff and housing providers on these new pro-LGBT rules. In December 2011, NCLR once again partnered with HUD and HHS to hold the first-ever national summit on housing and health discrimination against LGBT elders. Just this past January, HUD announced its LGBT Equal Access Rule that will protect LGBT people and families from discrimination in public and HUD-insured housing and housing programs. NCLR was a lead partner with HUD in the development of this rule. We were the lead drafters on comments that were joined by over 30 other organizations suggesting changes to a previous version of the rule, many of which were incorporated into the final version. NCLR co-hosted an event with the White House and HUD to give an overview of the rule to stakeholders, and has been working with HUD offices across the country to provide trainings on implementing this historic rule.
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SUMMER 2012
HEALTHCARE
The President is strongly committed to ensuring equal access to high quality health care for all people. In April 2010, President Obama directed the Department of Health and Human Services (HHS) to identify ways to increase access to care for LGBT patients and their families. In response, HHS released a rule on hospital visitation that would give all patients the right to be visited by loved ones, regardless of sexual orientation, gender identity, or marital status. NCLR was a key partner with HHS on the development of this rule and was the lead drafter on comments that played an important role in shaping the final rule. HHS has also made extraordinary efforts to protect the health and well-being of the LGBT community through regulations under the Patient Protection and Affordable Care Act (ACA). This has included prohibiting insurers from refusing to cover people based on their sexual orientation or gender identity, increasing data collection efforts that include LGBT people, and working to decrease health disparities within the LGBT community.
ADDITIONAL CIVIL RIGHTS
The Obama administration has been especially committed to stopping violence, harassment, and discrimination against LGBT youth and adults—
both nationally and internationally. In December 2011, Secretary of State Hillary Rodham Clinton gave a historic speech in which she told the United Nations that violence and discrimination against LGBT people is a core human rights issue. Subsequently, the administration directed all federal agencies engaged abroad to use U.S. diplomacy to promote and protect the human rights of LGBT people. In the United States, NCLR has worked with the administration to host three meetings on violence against transgender women with the Department of Justice, HHS, and the White House. We also worked with numerous federal agencies as they revised their internal nondiscrimination policies to include gender identity. The administration has also helped make the transgender community more secure by simplifying the process of changing gender markers on passports.
YOUTH
The administration’s commitment to protecting LGBT and gender non-conforming youth in our schools has been unparalleled. At the same time that NCLR and the Southern Poverty Law Center filed a lawsuit on behalf of six students who had faced constant and severe harassment in the Anoka-Hennepin School District in Minnesota, the Department of Justice and Department of Education were conducting their own investigation of conditions in the district. The government’s lawsuit and the student plaintiffs’
“[The President’s announcement of support for marriage equality] joins a steady stream of moments that have defined his presidency and forever raised the bar for what can be expected of leaders working with the LGBT community.”
lawsuit were jointly resolved earlier this year in a groundbreaking agreement that requires the district to make sweeping changes in its bullying policy, with oversight and accountability to federal officials. The President has also endorsed the Student Non-Discrimination Act and the Safe Schools Improvement Act, which would provide necessary federal protections against bullying, violence, and harassment targeting LGBT youth. The White House also hosted a summit on bullying, specifically addressing the need to protect LGBT youth, where I participated on two panels with administration officials on promoting safe schools and communities for LGBT people. Since taking office, President Obama has been nothing short of a champion for the rights of LGBT people and their families, and NCLR has been proud to have worked closely with the administration on many of its life-changing efforts on behalf of our community.
SPORTS
Inaugural Nike LGBT Sports Summit Last month, NCLR helped launch a first-of-its kind summit at the Nike World Headquarters in Oregon, where leaders in the fight to combat LGBT discrimination in sports combined their knowledge and expertise in a historic coalition-building effort. By Helen Carroll NCLR Sports Project Director
culture of sports—making it more inclusive and respectful, and a safe, positive environment for LGBT sports participants and allies.
For the last several months, OutSports.com’s Cyd Ziegler, GLSEN’s Changing the Game Sports Project Director Pat Griffin and I have worked with Nike representatives to organize the groundbreaking, strategy-building summit that attracted dozens of leading organizations and people working to eliminate homophobia/ transphobia in sports.
The summit focused on four key mainstream sport arenas: kindergarten through high school athletics and physical education; collegiate athletics; recreational sports; and professional sports. The summit took place over several days, with participants identifying specific action items to help combat homophobia and transphobia, and forming committees that will work together over the next year to set the actions in place.
The summit—held June 14 to June 18—was based on the belief that collaboration, communication, and coordination will accelerate change in the
“Having Nike, the sports industry giant, support this work sends a strong message to the entire athletic world that fairness and equality include
LGBT sports participants,” said Carroll. “All participants are excited to work together, and we look forward to the strides that will be made to make all playing fields more inclusive.” Participants included: National Collegiate Athletic Association Executive Vice President and Chief Inclusion Officer Bernard Franklin; Portland State Basketball Coach Sherri Murrell; It Gets Better Campaign’s Stephanie Laffin; Stand Up Foundation’s Ben Cohen; CNN and ESPN’s LZ Granderson; Oregon State Softball Coach Kirk Walker; transgender basketball player Kye Allums; Campus Pride’s Shane Windemeyer; You Can Play’s Patrick Burke; Athlete Ally’s Hudson Taylor; and others from GLAAD, Pennsylvania State University; and the Gay Games.
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OUT FOR JUSTICE
YOUTH
Why I Have to Speak Out A California lawmaker recently introduced a bill—co-sponsored by NCLR— that would prohibit mental health professionals from subjecting young people to practices that try to change their sexual orientation. One victim of this abuse tells his story. That’s why I have to speak out. These practices amount to medical abuse, attempting to fix a God-given part of who some of us are. What goes on in this so-called therapy? When I was 46, my depression began to overwhelm me and I turned to a therapist who told me he could help me continue to live a straight life. Every week between 2001 and 2004, I experienced the complete frustration of attending sessions, but making no change in my sexual orientation. He continued to urge me to be more “like a man” by praying harder, getting involved in sports, and “lusting” after women. Most dangerously, he attempted to “father” me, providing a supposed transference to the “dad I never had.” Each week, my depression and shame worsened as there was no change in my core orientation, and my therapist offered no other way out, leaving me feeling like a failure.
By Peter Drake Guest Columnist I’ve known since I was 13 that I was attracted to men, but I buried these feelings after becoming a born-again Christian at 19. For the many years that followed, I lived a faithful straight life— getting married to a wonderful woman, having two beautiful children, and immersing myself in my church. But, I was fighting a slow, losing battle with my sexual orientation. I was always faithful in my marriage, but I did not sense validation for who I really was. In mid-life, as my depression deepened, I turned to a dangerous form of “therapy” that promised to make me straight, but only made me sink deeper into depression and shame. At my lowest point, I considered taking my own life, blaming myself when this “therapy” did not work. My story is far from unique, and in sharing it I hope to spare others—especially younger people—from the harm caused by so-called
“reparative therapy” or “conversion therapy,” which is based on the false belief that being lesbian, gay, bisexual, or transgender can be “cured” or “controlled.” Part of this idea is that you can “pray your way” out of being gay. California Senator Ted Lieu recently introduced a bill that would prohibit mental health practitioners from subjecting young people to any practices to try to change their sexual orientation. I testified in support of the bill, in hopes that my story would show legislators the terrible harm these practices can cause. In many church communities in large cities and small towns, teenage youth are still being coerced into these harmful practices by wellmeaning parents who love their children, but wrongly believe that being LGBT means their child cannot have a happy, productive life. These “reparative therapists” falsely claim they can “reprogram” a young person away from growing up to be LGBT. These are ill-advised, ineffective, and dangerous practices. It is wrong to put this pressure on a young person, who is being “counseled” that such a core aspect of his or her identity is unacceptable and can be changed.
SHOP NCLR! SUPPORT THE FIGHT FOR JUSTICE!
NCLRights.org/Shop
Completely discouraged, and contemplating taking my own life, I moved on to another therapist for help. Slowly, my new therapist helped me accept myself as a gay man, and helped me free myself to live an emotionally, spiritually, and physically integrated life. With support from my wife, my faithful straight marriage ended amicably. Now, I have complete support from my family, my friends, and everyone I know except the most conservative members of my previous faith community. Recently a more progressive pastor said to me, “Peter, I am glad you are ready to be the man God made you to be.” These are the words I needed to hear long ago when I entered therapy. We must all be celebrated for who we were created to be, and I pray that our youth will not be exposed to the disheartening, potentially devastating idea that their sexual orientation can be changed. Peter Drake now lives in San Francisco with his partner Philippe Berthoud. Peter and Philippe met through a support group called Husbands Out to their Wives (HOW). Together, they have started the Coming Out Into Light Foundation (COIL) to work on issues of spiritual and social justice for all LGBT people.
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SUMMER 2012
THEAGENDA THE LATEST ON NCLR LEGISLATION, LITIGATION, ADVOCACY, EDUCATION, TRAININGS, AND MORE…
The Agenda Explained… Formerly called “The Docket,” The Agenda will continue to offer highlights and updates on our litigation. It’s been expanded to include the same for legislation, public advocacy, public education, and trainings. Arrangement of Highlights Content has been grouped and arranged by issue area (e.g., Elder Law, Marriage, Youth, etc.). When possible, we’ve included a link to indicate additional content for a particular highlight on our website.
Quick Reference Graphics We’ve built in icons and labels to make for quicker identification of the type and location of the highlights and updates. And victories, losses, and pending cases have been labeled as such in green, red, and blue. QR Codes Last, but not least, each issue area includes a QR code. Simply scan a code with your smart phone or tablet and instantly be taken to information pertaining to that issue on our website.
is one ODES like th SCAN QR C e. on each issu for more info
ELDER LAW
PUBLIC EDUCATION
PA
Temple University: Aging and the Law: The Next Civil Rights Movement? LEGISLATION
CA
AB 641 – Medicaid Spousal Impoverishment Bill
PUBLIC EDUCATION
Drafted and currently advocating for the passage of a California law mandating full protections for low-income LGBT elders who have Medicaid.
LITIGATION VICTORY
CA
CA
Alzheimer’s Association Conference Presented to the Alzheimer’s Association’s annual “Updates on Dementia” conference regarding provision of care to LGBT elders.
PUBLIC EDUCATION
MA
Harvard University LGBT Elder Conference
Successfully obtained in-home care services for a transgender elder previously denied assistance for his disabilities.
Presented on elders in long-term care and the evolution of LGBT activism since Stonewall.
Read more: NCLRights.org/In_re_M POLICY ADVOCACY
CA
Wyatt, Jamie Won Medicare benefits for an elder transwoman who faced denial because of DOMA. Read more: NCLRights.org/Jamie_Wyatt
POLICY ADVOCACY
D.C.
LGBT Elder Housing Summit Won Medicare benefits for an elder transwoman who faced denial because of DOMA.
CA
San Francisco LGBT Elder Task Force Worked in coalition that sucessfully urged San Francisco to create a legislative task force regarding LGBT elder issues.
PUBLIC EDUCATION
PUBLICATION
LGBT Long-Term Care Publication Co-produced a groundbreaking study and report on discrimination faced by LGBT people in nursing homes.
In re M.
LITIGATION VICTORY
Presented on LGBT elders in long-term care, LGBT history, and strategies to improve care for elders.
FL
Read more: NCLRights.org/Longterm_Care
PUBLICATION
Navigating the System: Guide for LGBT Elders Created the first-ever California-specific “know your rights” guide for LGBT elders. Read more: NCLRights.org/LGBT_Elder_Guide
EMPLOYMENT
Save Dade/Aqua Foundation Transgender Conference Presented on issues facing transgender elders in long-term care facilities.
TRAININGS
NATIONAL
EEOC Training Presented on elders in long-term care and the evolution of LGBT activism since Stonewall.
8
OUT FOR JUSTICE
THEAGENDA continued… FAMILIES & PARENTING
LITIGATION VICTORY
LEGISLATION
CA
TRAININGS
HI
Adoption of Male Child (HI)
Legal Aid Family Law Conference
Represented same-sex parents seeking a second parent adoption in Hawaii.
Led a training on LGBT family law at the annual Family Law Conference for legal aid and self-help attorneys.
Read more: NCLRights.org/HI_Second_Parent
AB 1349 – California Parentage Bill Helped pass a bill strengthening protections for non-biological parents of children conceived with a known donor in California.
CA
LITIGATION VICTORY
CA
HEALTHCARE
First Successful Trans Kids Custody Case LEGISLATION
CA
AB 2356 – Equal Access to Fertility Medical Care Co-sponsoring a California bill that would ensure that single women and women in same-sex relationships have equal access to fertility services.
LEGISLATION
CA
Co-counseled one of the first successful custody cases on behalf of the parent of a transgender child.
LEGISLATION
NATIONAL
Hospital Visitation Rules LITIGATION PENDING
IA
Iowa Department of Public Health v. Gartner Filed an amicus brief in Iowa arguing that when same-sex spouses have children, both spouses are recognized as legal parents. Read more: NCLRights.org/IowaDPH_v_Gartner
Led efforts with HHS to issue a rule ensuring that all patients and families have equal hospital visitation privileges, regardless of sexual orientation, gender identity, or marital status.
PUBLIC EDUCATION
D.C.
SB 1476 – Family Law: Parentage Co-sponsoring a California bill that would permit courts to recognize more than two parents if doing so is required to protect the best interests of the child.
LITIGATION LOSS
LITIGATION VICTORY
Women at the Margins Event
NE
Latham v. Schwerdtfeger Filed an amicus brief in a case that recognized that non-biological parents can seek custody or visitation in Nebraska.
LA
Co-hosted an event with the DC Mayor’s Office, and racial and reproductive justice organizations on the impact of women’s healthcare restrictions on marginalized communities.
Read more: NCLRights.org/Latham_v_Schwerdtfeger
Adar v. Smith
TRAININGS
Filed an amicus brief in a case challenging Lousiana’s refusal to put same-sex adoptive parents on birth certificates.
LITIGATION VICTORY
CA
S.Y. v. S.B. LITIGATION VICTORY
Filed an amicus brief in a case that recognized both same-sex parents when only one was able to adopt.
COSTA RICA & CHILE
Karen Atala Riffo v. Chile Joined an amicus brief in a successful case against Chile for denying a lesbian mother custody of her children. Read more: NCLRights.org/Riffo_v_Chile
D.C.
Webinar with Department of Health and Human Services Co-hosted a webinar with HHS providing training to healthcare providers on new hospital visitation rules.
Read more: NCLRights.org/SY_v_SB
HOUSING LITIGATION VICTORY
CO
S.T. v. T.W. LITIGATION VICTORY
CA
Charisma R. v. Kristina S. Represented a non-biological mother who has been recognized as a parent in her ongoing custody case. Read more: NCLRights.org/CharismaR_v_KristinaS
LITIGATION VICTORY
NM
Filed an amicus brief in support of a psychological parent in Colorado who was denied visitation and custody rights.
LITIGATION PENDING
FL
Filed an amicus brief in Florida arguing that same-sex couples that conceive a child should be recognized as the child’s legal parents. Read more: NCLRights.org/TMH_v_DMT
Read more: NCLRights.org/Chatterjee_v_King
NATIONAL
HUD LGBT Equal Access Rule Led efforts with HUD to issue a rule prohibiting anti-LGBT housing discrimination in public housing and in HUD programs and services.
T.M.H. v. D.M.T.
Chatterjee v. King Successfully represented a mother in New Mexico in a case that recognized both samesex parents under the law.
LEGISLATION
TRAININGS
TRAININGS
D.C.
HUD Equal Access Rule Event Co-hosted event with HUD and the White House for LGBT stakeholders to explain the importance of HUD’s Equal Access Rule.
NATIONAL
National LGBT Family Law Webinar Presented about LGBT family law at a national webinar.
TRAININGS
D.C.
HUD Rule Training Partnered with HUD offices to provide training on LGBT Equal Access Rule in several states including CA, KY, NY, MA, OR, and AK.
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SUMMER 2012
IMMIGRATION
LITIGATION VICTORY
EL SALVADOR
MARRIAGE
Jessica S. LITIGATION PENDING
Obtained withholding of removal for a lesbian who suffered physical, verbal and sexual harm due to her gender identity and sexual orientation.
EL SALVADOR
Alex R., Andrea C. Representing a Salvadoran transgender woman in asylum proceedings.
LITIGATION VICTORY
Assisted a lesbian who faced verbal and physical abuse due to sexual orientation. After being detained by ICE for more than a year at Yuba County Jail, she was granted withholding of removal.
Won asylum for transgender women who faced verbal, physical and sexual abuse in their home country due to their sexual orientation and gender identity.
LITIGATION PENDING
NICARAUGA
Jose S., Nestor R. MEXICO
Berera v. Holder Filed an amicus brief on behalf of a Mexican transgender woman originally denied asylum without regard to her gender identity status.
LITIGATION PENDING
PERU
Assisting two gay men with applications for asylum. Facing verbal and physical abuse since a young age, they fled to the U.S. when police refused to offer any protection.
LITIGATION PENDING
Representing a transgender man from Peru seeking asylum. He suffered persecution due to his gender identity and sexual orientation.
Luis L.
LITIGATION PENDING
EL SALVADOR
MEXICO
Assisted five gay men from Mexico who suffered various levels of verbal, physical, and sexual abuse at the hands of strangers, police, and relatives due to their sexual orientation and/or gender identity.
Representing a Salvadoran lesbian with her U visa application.
LITIGATION PENDING
Filed a U visa application for transgender woman after she was attacked and left with head injuries on the streets of San Francisco.
PAKISTAN
In re S.K. Filed an amicus brief in support of a Pakistani gay man who was originally denied asylum relief on the basis that he could escape persecution by hiding his sexuality. Read more: NCLRights.org/In_re_SK
MEXICO
J.G. After the Board of Immigration Appeals granted a motion to reopen, his case has now been remanded to Immigration Court.
CA
SB 651 – California Divorce Bill Worked on a California bill that allows couples who married in California but live elsewhere to divorce if their relationship ends.
LITIGATION PENDING
NATIONAL
Perry v. Brown Filed an amicus brief in Perry v. Brown asking federal appeals court to overturn Prop. 8.
LITIGATION VICTORY
MD
Port v. Cowan Appealed and won a Maryland judge’s denial of a divorce to two women who validly married in California.
RELATIONSHIP RECOGNITION
MEXICO
Pamela B.
LITIGATION PENDING
LEGISLATION
Read more: NCLRights.org/Port_v_Cowan
Gerardo P., Fidel C., Antonio T., Gerardo Z., Daniel V.
LITIGATION PENDING
Helped draft and worked closely with the state legislature to pass a bill legalizing same-sex marriage in Maryland through a strong and diverse coalition of supporters.
Read more: NCLRights.org/Perry_v_Brown
Monica B.
LITIGATION PENDING
H.B. 438 – Civil Marriage Protection Act
COLOMBIA
Representing a Colombian gay man with his U visa application.
Fabrizio G.
LITIGATION PENDING
MEXICO
MD
Jocelyn M., Alexa
MEXICO
Angeles M.
LITIGATION PENDING
LITIGATION VICTORY
LEGISLATION
GUATAMELA
LITIGATION VICTORY
CA
Beckwith v. Dahl Filed an amicus brief in a California case that established new protections for umarried partners who are wrongfully prevented from inheriting from each other. Read more: NCLRights.org/Beckwith_v_Dahl
Vicky M. Assisting a lesbian who faced verbal, physical and sexual harm in her home country due to her sexual orientation.
LITIGATION PENDING
IL
Estate of Ellyn Farley LITIGATION PENDING
MEXICO
Stephanie G., Joana S., Dayana C. Assisting three transgender women who suffered persecution due to sexual orientation and/or gender identity. They fled to the U.S. after their lives were threatened. All have applied for asylum.
Successfully established a lesbian widow as the administrator of her deceased wife’s estate in Illinois, based on their Canadian marriage and the Illinois Civil Union law. Read more: NCLRights.org/EllynFarley_Estate
RELATIONSHIP RECOGNITION CONTINUED…
10
OUT FOR JUSTICE
THEAGENDA continued… LITIGATION PENDING
YOUTH
PUBLICATION
PA
Cozen O’Conner, P.C. v. Jennifer J. Tobits, et al.
Routledge Handbook of Sport, Gender and Sexuality
Defending the rights of a lesbian widow whose marriage and inheritance rights are being challenged by her deceased wife’s employer and family.
Wrote a chapter entitled “Joining the Team: The Inclusion of Transgender Students in U.S. School-Based Athletics” for the Routledge Handbook of Sports, Gender and Sexuality.
Read more: NCLRights.org/Cozen_v_Tobits
TRANSGENDER LAW
SPORTS
LEGISLATION
CA
SB 48 (FAIR) Education Act Helped draft a groundbreaking California law requiring schools to teach about the historical contributions of LGBT people.
LITIGATION VICTORY
OH
In re D.B. LITIGATION VICTORY LITIGATION VICTORY
FL
WA
Adams v. Federal Bureau of Prisons
Apilado v. North American Gay Amateur Athletic Alliance Filed and settled a case that reinstated three bisexual players disqualified from the Gay Softball World Series.
Litigated and settled a case to ensure proper care for transgender prisoners housed in the federal prison system throughout the country. Read more: NCLRights.org/Adams_v_FBP
POLICY ADVOCACY
Led national sports organizations, in conjunction with Nike, to address LGBT issues in sports.
LITIGATION VICTORY
MN
Filed and settled a federal lawsuit on behalf of six students challenging the hostile antiLGBT environment in Minnesota’s largest school district.
Published model policies regarding transgender student athletes’ equal opportunities to participate in high school and college athletics.
NIKE LGBT Sports Summit
Read more: NCLRights.org/AHSD
LITIGATION PENDING POLICY ADVOCACY
POLICY ADVOCACY
NATIONAL
Transgender Athlete Model Policy
OR
Read more: NCLRights.org/In_re_DB
Doe v. Anoka-Hennepin School District and E.R. v. Anoka-Hennepin School District
Read more: NCLRights.org/Apilado_v_NAGAAA POLICY ADVOCACY
Filed a brief in a case overturning a statutory rape charge against a 12-year-old boy for consensual acts with a same-aged boy.
AK
NATIONAL
Alaska Bullying
TX
Transgender Student-Athlete Policy Sexual Orientation and Gender Identity in Sports Collaborative Participated in coalition with top academic researchers and LGBT sports activists to create strategic plan regarding sexual orientation and gender identity.
Wrote the NCAA Inclusion of Transgender Student-Athletes policy and best practices manual for their 1,200 member institutions.
POLICY ADVOCACY
GA
Helped file a complaint with the U.S. Office of Civil Rights and the Department of Justice regarding a school bullying issue in Alaska.
ADDITIONAL CIVIL RIGHTS
WPATH Conference POLICY ADVOCACY
IN
NCAA Inclusion Summit Participated in the NCAA summit, designed to create a more inclusive culture for college athletics across the country.
Presented at the national WPATH Conference on inclusion of transgender student athletes at the high school and college level.
PA
National Association of Collegiate Women Athletic Administrators
NATIONAL
LGBT Inclusive PREA Rule POLICY ADVOCACY
NATIONAL
United States Soccer Federation PUBLIC EDUCATION
LEGISLATION
Assisted the United States Soccer Federation’s development of a transgender participant policy for recreational leagues, serving more than 8 million athletes.
Gave the keynote presentation at the National Association of Collegiate Women Athletic Administrators Conference on diversity in college athletics.
Ready to donate to NCLR right now? There’s an app for that! Just scan the QR code with your smart phone or tablet to donate any amount. Your gift will be put to work immediately to fight for equality and legal rights for all LGBT people and families in the U.S. Want to send this link to your friends? NCLRights.org/GiveNow
Worked with DOJ to ensure that final rules regarding the Prison Rape Elimination Act included protections for incarcerated LGBT victims of sexual assault.
LEGISLATION
CA
SB 1172 - Limiting Sexual Orientation Conversion “Treatment” Co-sponsoring a California bill that would ban therapists from using dangerous sexual orientation conversion therapy on minors.
LITIGATION VICTORY
LA
Doe v. Jindal Filed an amicus brief in a successful challenge to a criminal law in Louisiana that impermissibly labeled LGBT people as sex offenders. Read more: NCLRights.org/Doe_v_Jindal
11
SUMMER 2012
ADDITIONAL CIVIL RIGHTS CONTINUED
LITIGATION PENDING
YS A S O H W N ’T S I E C I T JUS SE X Y ? C orp
WA
M irko Ilic
Doe v. Reed Filed an amicus brief in the U.S. Supreme Court, opposing concealment of the names of petition-signers for anti-gay Washington State referendum.
g rights.or www.ncl
Read more: NCLRights.org/Doe_v_Reed
LITIGATION PENDING
TAKE THE QUIZ! GET THIS FREE STICKER.
TN
Howe v. Haslam Filed a lawsuit challenging a Tennessee state law banning local anti-discrimination protections for LGBT people. Read more: NCLRights.org/Howe_v_Haslam
POLICY ADVOCACY
WE’VE COME A LONG WAY... MAYBE. TX
White House LGBT Conference on Safe Schools and Safe Communities Presented at a plenary session and conducted a workshop with officials from the Obama administration on violence and justice in LGBT communities.
Take our fun quiz to get a sticker and see if you can spot which laws of the land are ancient history—and which we’re still living with (and fighting against) today. You may be shocked at some of the answers! After you take the quiz, we’ll send you your very own 35th anniversary NCLR bumper sticker for free. BONUS: Our generous sponsor, Bank of America, will donate $1 to NCLR for every person who takes the quiz (up to $3,500)!
GO TO
NCLRights.org/Quiz
OR
SCAN
NCLR BOARD & STAFF Board of Directors Angela Berry Tamika Butler, Esq. Stacey Camillo, J.D. Co-chair Elizabeth Deeley, Esq. Erin Dominguez, Esq. Dorothy Fernandez, Esq. Co-chair Thelma Garza, J.D. Kelly McCown, Esq. Leigh Morgan
Melissa Higuchi
Chris Zaldúa
Meghan Earley
Senior Development Assistant
Legal Assistant
Development Intern
Arcelia Hurtado, Esq.
Dena Zaldúa-Hilkene
Erin Ginder-Shaw
Deputy Director
Assistant Director of Development
Communications Intern
Ashland Johnson, Esq. Policy Counsel
Kate Kendell, Esq. Executive Director
Jacqueline Miller, Esq. Policy and Litigation Fellow
Shannon Price Minter, Esq. Legal Director
Michelle Ortiz
Erik Olvera
Andrea Palash, Esq.
Director of Communications
Stacy Parson
Asaf Orr, Esq.
Maya Philipson Minna Tao
Staff Jennifer Barth Office Manager
Leanna Blankenship Data and Development Systems Manager
Noemi Calonje Immigration Project Director
Helen J. Carroll Sports Project Director
Azael Chávez Laría Project Assistant
Joshua Delfin Senior Legal and Project Assistant
Iain Finlay Manager of Finance and Administration
Erin Fitzgerald Administrative Assistant
Robin Galas Bookkeeper
Staff Attorney
Eleanor Palacios
Proyecto Poderoso
In partnership with California Rural Legal Assistance
Dan Torres, Esq. Proyecto Poderoso Project Director
Public Interest Associate David Sampson
Spring 2012 Law Clerks Alea Boult Arli Christensen
Events Manager
Gautam Jagannath
Angie Perone, Esq.
Sandy James
Staff Attorney
Mandy Finlay
Daniel Redman, Esq.
Nikola Nable-Juris
Del Martin Memorial LGBT Elder Advocacy Initiative Fellow
Maya Rupert, Esq. Federal Policy Director
Cathy Sakimura, Esq.
Erika Schmidt
Summer 2012 Law Clerks Kendra Garcia (C. Edwin Baker Fellow)
Staff Attorney and Family Protection Project Director
Ashley Greene
Christopher Stoll, Esq.
Camilo Ortiz
Senior Staff Attorney
Connie Utada, Esq. State Legislative Director
Amy Whelan, Esq. Senior Staff Attorney
Shin-Ming Wong, Esq.
Megan Lin Cody Perkins Braz Shabrell Olga Tomchin Kate Walsh (C. Edwin Baker Fellow)
Carla Lopez DREAM Intern
Tram Pham Development Intern
Jonas Wang Legal Intern
Lauren Zachry Development Intern
National Advisory Board Kate Clinton NY Fiona Martin CO Yesenia Leon FL Deborah Ortega, Ph.D. CO Barbara Russo NY Eileen Scallen, Esq. MN Jill Schlesinger NY Sarah M. Schmidt, Psy.D. IL
National Advisory Council Roberta Achtenberg, Esq. CA Carol Alpert NY Susan A. Gore TX Joyce Hunter NY Phyllis Lyon CA Lory Masters TX Raquel Matas, Esq. FL Nancy Polikoff, Esq. DC
Law Clerk
2012 Interns
Ruthann Robson, Esq. NY
Bethany Woolman
Vanessa Casey
Abby R. Rubenfeld, Esq. TN
Development Intern
Carmen Vazquez NY
Communications Associate
12
OUT FOR JUSTICE
INVESTING IN NCLR
A Conversation with Donors Julie Hash & Carol Meyer NCLR is blessed to have a strong and generous family of individual donors who are the foundation of support for the life- and law-changing work we do. And just who are these supporters? We want to know, so we talked to Julie and Carol. When and how did you first hear about NCLR? We met Kate Kendell at the Astraea Global convention when it was in Dallas years ago and will never forget it. Last year several of our clients and friends invited us to be on the host committee for the NCLR fundraiser in Dallas in the fall of 2011—where I believe they broke some records playing poker (only in Dallas)!
What inspired your first gift to NCLR, and is there anything in particular about NCLR that has motivated you to continue giving through the years? NCLR donors (and sisters) Julie Hash and Carol Meyer.
Carol and Julie are sisters who grew up in Nebraska and now have a family practice in Dallas, Texas with a three-decade history at one of the world’s leading financial management and advisory companies. Their team, The Meyer Group, specializes in developing investment solutions for the unique financial planning issues of their LGBT clientele.
Why do you support LGBT civil and human rights? Seven years ago we were invited by our local manager to represent the firm on the Diversity and Inclusion Council. It was through our work on the Council that we learned of the civil and human rights issues that face the LGBT community and the decision from there was an easy one. The discrimination facing the LGBT community just isn’t right—and we are very proud of our work. We have helped raise awareness within our straight community and our firm and are now a national sponsor of NCLR and many other LGBT organizations.
When we learned of the good work and farreaching accomplishments NCLR brings to the community—the checkbook came out. Then when Eleanor and Kate honored us with an invitation to their headquarters in San Francisco, we were so blown away with the impressive credentials and genuine spirit of the volunteers and entire team of attorneys who clearly could be making a great deal more money in the private sector. We learned that NCLR is much more far-reaching in who they represent (not just lesbians as we originally thought), and include young adults and others deserving to be aided in whatever issues they may be facing, so this makes us even more committed to partner with this wonderful organization.
What is your favorite way to spend a Sunday afternoon? In Dallas, having lunch on a patio with our fun and interesting pals. Or in San Francisco taking the ferry to Sausalito and having lunch on the water!
GETTING INVOLVED Interested in becoming an NCLR Sustainer—supporting NCLR on a monthly basis? Want to make sure NCLR is in your will or estate plans? Find out how you can make a difference in the fight for LGBT equality by visiting: NCLRights.org/Donate Contact Assistant Director of Development Dena Zaldúa-Hilkene: DZalduaHilkene@NCLRights.org
POPULAR WAYS TO GIVE Donate NCLRights.org/Donate
Join the Anniversary Circle NCLRights.org/Anniversary_Circle
Planned Giving NCLRights.org/Planned_Giving
Make a Gift through Your Workplace NCLRights.org/Workplace_Gift
Become a Corporate Sponsor NCLRights.org/Corporate_Sponsorship
Support NCLR through eScrip! Looking to support NCLR in even more ways? Have a fixed budget with no wiggle room? Want to get the merchants at which you shop to donate to NCLR too? All you have to do is register your credit/ debit cards and ATM cards with eScrip—then any time you use one of them to shop with a participating merchant, the merchant will donate up to 8% of the purchase amount to NCLR. Sign up at eScrip.com to make all your regular purchases at over 150 merchants go to work for NCLR. NCLR’s group name: “National Center for Lesbian Rights” or “NCLR.” NCLR’s group identification number: 500022336.
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The National Center for Lesbian Rights is a national legal organization committed to advancing the civil and human rights of lesbian, gay, bisexual, and transgender people and their families through litigation, public policy advocacy, and public education.
NATIONAL OFFICE 870 Market Street, Suite 370 San Francisco, CA 94102 415 . 392 . 6257 800 . 528 . 6257 toll-free info@NCLRights.org