EQCA Laws Going Into Effect 1/1/11

FOR IMMEDIATE RELEASE
December 31, 2010

CONTACT: Vaishalee Raja, Equality California
PHONE: (916) 284-9187 EMAIL: vaishalee@eqca.org

Four Equality California Sponsored Bills go into Effect Tomorrow
Legislation expands fundamental protections and freedoms for lesbian, gay, bisexual and transgender Californians

Sacramento – On January 1, four new Equality California sponsored bills will go into effect, advancing key rights and protections for lesbian, gay, bisexual and transgender Californians.

“Each of these bills brings us closer to realizing our goal of achieving full equality for lesbian, gay, bisexual and transgender Californians,” said Jim Carroll, Equality California Managing Director. “In 2011, lesbian, gay, bisexual and transgender Californians, especially LGBT and questioning youth will enjoy important new protections with greater equality and dignity under the law.”

The following legislation takes effect tomorrow:

Mental Health Services for At-Risk Youth (SB 543), authored by Senator Mark Leno (D-San Francisco), enables at-risk youth to access mental health services without parental consent, which will help young people get the care they need before they are in crisis. Current parental consent requirements for mental health services create a barrier to treatment that is especially harmful to LGBT youth who may be put at risk of emotional or physical abuse by coming out to their parents prematurely or without support. 

Repeal of Discriminatory Code, (AB 2199) authored by Assemblymember Bonnie Lowenthal (D-Long Beach) calls for the repeal of a section of the California Welfare and Institutions code that instructs the State Department of Mental Health to conduct research into the “causes and cures of homosexuality,” with the implication that lesbian, gay, and bisexual Californians are sexual deviants, potential sex offenders and a threat to children. The code, which was originally authored in the 1950s, implies that lesbian, gay, and bisexual individuals can and should be cured, in direct contradiction with an enormous body of research that demonstrates otherwise.

Separation Equity Act, (AB 2700), authored by Assemblymember Fiona Ma (D-San Francisco) will amend the state's family code, allowing for couples who first registered as domestic partners and who legally married thereafter to dissolve both contracts through a single, uniform procedure. The current system forces couples to go through a separate process for each, which can take an extra one to two years for each case to be resolved and unnecessarily burdens the judicial system. 

Unemployment Benefits Act (AB 2055), authored by Assemblymember Hector De La Torre (D-South Gate), ensures that same-sex couples in California have access to unemployment benefits. Currently, couples who are engaged to be married are eligible for unemployment benefits if one of the partners must leave his or her job in order to move closer to his or her future spouse. This bill would extend the same rights to couples who plan on entering into a domestic partnership. The bill is especially beneficial for same-sex couples because they are prohibited from legally marrying and therefore unable to receive these benefits.

Equality California (EQCA) is the largest statewide lesbian, gay, bisexual, and transgender rights advocacy organization in California. Over the past decade, Equality California has strategically moved California from a state with extremely limited legal protections for LGBT individuals to a state with some of the most comprehensive civil rights protections in the nation. Equality California has passed more than 70 pieces of legislation and continues to advance equality through legislative advocacy, electoral work, public education and community empowerment.www.eqca.org 

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WATCH: Obama Signs DADT Repeal Into Law

Picture Of President Obama Lobbying On DADT Repeal

The White House distributed this picture of President Barack Obama lobbying for the DADT repeal bill, which the United States Senate successfully passed on Saturday by a vote of 65-31.

U.S. Senate Passes DADT Repeal Bill 65-31!

Although passage was a foregone conclusion after the 63-33 cloture vote earlier today, the United States Senate completed its legislative work on a standalone DADT repeal bill, passing the measure 65-31, with 8 Republicans joining 55 Democrats and 2 Independents. No Democrats voted against repeal, although Joe Manchin of West Virginia (who was just elected in a special election and is up again in 2012 for a full term) did not vote and issued a statement saying he did not favor DADT repeal at this time.

ANALYSIS
Interestingly, recently outed Mark Kirk (R-IL) who had voted against repeal in the House, and voted against invoking cloture last Friday, voted for cloture and the bill this time. Other Republican surprises were recently re-elected Richard Burr of North Carolina voting in favor as well as retiring George Voinovich of Ohio. Moderate Republic Richard Lugar of Indiana surprised many observers by voting against repeal. Kay Bailey Hutchison of Texas was the only woman in the United States Senate to vote against DADT repeal.

100% of Democrats voting (55 of 55) voted in favor of LGBT equality. 21% of Republicans voting (6 of 37) voted against LGBT equality. 94% (16 of 17) female Senators voted in favor of LGBT equality.

Here's the roll call vote on DADT Repeal:

YEAs ---65
Akaka (D-HI) Baucus (D-MT) Bayh (D-IN) Begich (D-AK) Bennet (D-CO) Bingaman (D-NM) Boxer (D-CA) Brown (D-OH) Brown (R-MA) Burr (R-NC) Cantwell (D-WA) Cardin (D-MD) Carper (D-DE) Casey (D-PA) Collins (R-ME) Conrad (D-ND) Coons (D-DE) Dodd (D-CT) Dorgan (D-ND) Durbin (D-IL) Ensign (R-NV) Feingold (D-WI)	Feinstein (D-CA) Franken (D-MN) Gillibrand (D-NY) Hagan (D-NC) Harkin (D-IA) Inouye (D-HI) Johnson (D-SD) Kerry (D-MA) Kirk (R-IL) Klobuchar (D-MN) Kohl (D-WI) Landrieu (D-LA) Lautenberg (D-NJ) Leahy (D-VT) Levin (D-MI) Lieberman (ID-CT) Lincoln (D-AR) McCaskill (D-MO) Menendez (D-NJ) Merkley (D-OR) Mikulski (D-MD) Murkowski (R-AK)	Murray (D-WA) Nelson (D-FL) Nelson (D-NE) Pryor (D-AR) Reed (D-RI) Reid (D-NV) Rockefeller (D-WV) Sanders (I-VT) Schumer (D-NY) Shaheen (D-NH) Snowe (R-ME) Specter (D-PA) Stabenow (D-MI) Tester (D-MT) Udall (D-CO) Udall (D-NM) Voinovich (R-OH) Warner (D-VA) Webb (D-VA) Whitehouse (D-RI) Wyden (D-OR)

NAYs ---31
Alexander (R-TN) Barrasso (R-WY) Bennett (R-UT) Bond (R-MO) Brownback (R-KS) Chambliss (R-GA) Coburn (R-OK) Cochran (R-MS) Corker (R-TN) Cornyn (R-TX) Crapo (R-ID)	DeMint (R-SC) Enzi (R-WY) Graham (R-SC) Grassley (R-IA) Hutchison (R-TX) Inhofe (R-OK) Isakson (R-GA) Johanns (R-NE) Kyl (R-AZ) LeMieux (R-FL) Lugar (R-IN)	McCain (R-AZ) McConnell (R-KY) Risch (R-ID) Roberts (R-KS) Sessions (R-AL) Shelby (R-AL) Thune (R-SD) Vitter (R-LA) Wicker (R-MS)

Not Voting - 4
Bunning (R-KY) Gregg (R-NH)	Hatch (R-UT) Manchin (D-WV)

Roll Call Votes on DREAM Act and DADT Repeal

Note there was only one Republican who both voted for DADT and the DREAM Act: Lisa Murkowski!
There were 52 Democrats (and Independents) who voted for both.

But the Hall of Shame is for the 5 Democratic Dream Killers who voted against the DREAM Act (Baucus, Hagan, Nelson, Pryor, Tester). Three of these Senators are up for re-election in 2012 (likely to be a harsh year for Senate Democrats) and I pledge to donate to their primary challengers.

Here's the roll call vote on the 55-41 cloture vote on the DREAM Act which FAILED.

YEAs ---55
Akaka (D-HI) Bayh (D-IN) Begich (D-AK) Bennet (D-CO) Bennett (R-UT) Bingaman (D-NM) Boxer (D-CA) Brown (D-OH) Cantwell (D-WA) Cardin (D-MD) Carper (D-DE) Casey (D-PA) Conrad (D-ND) Coons (D-DE) Dodd (D-CT) Dorgan (D-ND) Durbin (D-IL) Feingold (D-WI) Feinstein (D-CA)	Franken (D-MN) Gillibrand (D-NY) Harkin (D-IA) Inouye (D-HI) Johnson (D-SD) Kerry (D-MA) Klobuchar (D-MN) Kohl (D-WI) Landrieu (D-LA) Lautenberg (D-NJ) Leahy (D-VT) Levin (D-MI) Lieberman (ID-CT) Lincoln (D-AR) Lugar (R-IN) McCaskill (D-MO) Menendez (D-NJ) Merkley (D-OR) Mikulski (D-MD)	Murkowski (R-AK) Murray (D-WA) Nelson (D-FL) Reed (D-RI) Reid (D-NV) Rockefeller (D-WV) Sanders (I-VT) Schumer (D-NY) Shaheen (D-NH) Specter (D-PA) Stabenow (D-MI) Udall (D-CO) Udall (D-NM) Warner (D-VA) Webb (D-VA) Whitehouse (D-RI) Wyden (D-OR)

NAYs ---41
Alexander (R-TN) Barrasso (R-WY) Baucus (D-MT) Bond (R-MO) Brown (R-MA) Brownback (R-KS) Burr (R-NC) Chambliss (R-GA) Coburn (R-OK) Cochran (R-MS) Collins (R-ME) Corker (R-TN) Cornyn (R-TX) Crapo (R-ID)	DeMint (R-SC) Ensign (R-NV) Enzi (R-WY) Graham (R-SC) Grassley (R-IA) Hagan (D-NC) Hutchison (R-TX) Inhofe (R-OK) Isakson (R-GA) Johanns (R-NE) Kirk (R-IL) Kyl (R-AZ) LeMieux (R-FL) McCain (R-AZ)	McConnell (R-KY) Nelson (D-NE) Pryor (D-AR) Risch (R-ID) Roberts (R-KS) Sessions (R-AL) Shelby (R-AL) Snowe (R-ME) Tester (D-MT) Thune (R-SD) Vitter (R-LA) Voinovich (R-OH) Wicker (R-MS)

Not Voting - 4
Bunning (R-KY) Gregg (R-NH)	Hatch (R-UT) Manchin (D-WV)

Here's the roll call vote on the 63-33 cloture vote on the DADT Repeal Bill which PASSED.

YEAs ---63
Akaka (D-HI) Baucus (D-MT) Bayh (D-IN) Begich (D-AK) Bennet (D-CO) Bingaman (D-NM) Boxer (D-CA) Brown (D-OH) Brown (R-MA) Cantwell (D-WA) Cardin (D-MD) Carper (D-DE) Casey (D-PA) Collins (R-ME) Conrad (D-ND) Coons (D-DE) Dodd (D-CT) Dorgan (D-ND) Durbin (D-IL) Feingold (D-WI) Feinstein (D-CA)	Franken (D-MN) Gillibrand (D-NY) Hagan (D-NC) Harkin (D-IA) Inouye (D-HI) Johnson (D-SD) Kerry (D-MA) Kirk (R-IL) Klobuchar (D-MN) Kohl (D-WI) Landrieu (D-LA) Lautenberg (D-NJ) Leahy (D-VT) Levin (D-MI) Lieberman (ID-CT) Lincoln (D-AR) McCaskill (D-MO) Menendez (D-NJ) Merkley (D-OR) Mikulski (D-MD) Murkowski (R-AK)	Murray (D-WA) Nelson (D-FL) Nelson (D-NE) Pryor (D-AR) Reed (D-RI) Reid (D-NV) Rockefeller (D-WV) Sanders (I-VT) Schumer (D-NY) Shaheen (D-NH) Snowe (R-ME) Specter (D-PA) Stabenow (D-MI) Tester (D-MT) Udall (D-CO) Udall (D-NM) Voinovich (R-OH) Warner (D-VA) Webb (D-VA) Whitehouse (D-RI) Wyden (D-OR)

NAYs ---33
Alexander (R-TN) Barrasso (R-WY) Bennett (R-UT) Bond (R-MO) Brownback (R-KS) Burr (R-NC) Chambliss (R-GA) Coburn (R-OK) Cochran (R-MS) Corker (R-TN) Cornyn (R-TX)	Crapo (R-ID) DeMint (R-SC) Ensign (R-NV) Enzi (R-WY) Graham (R-SC) Grassley (R-IA) Hutchison (R-TX) Inhofe (R-OK) Isakson (R-GA) Johanns (R-NE) Kyl (R-AZ)	LeMieux (R-FL) Lugar (R-IN) McCain (R-AZ) McConnell (R-KY) Risch (R-ID) Roberts (R-KS) Sessions (R-AL) Shelby (R-AL) Thune (R-SD) Vitter (R-LA) Wicker (R-MS)

Not Voting - 4
Bunning (R-KY) Gregg (R-NH)	Hatch (R-UT) Manchin (D-WV)

DADT Passes 63-33, DREAM Act Fails 55-41!

It feels like election day 2008 again. Happiness that finally some action has occurred on the LGBT legislative agenda but I'm devastated that the DREAM Act will not become law anytime soon.

So this time LGBT people won, but people of color lost. In 2008, people of color won (with the election of President Obama) but LGBT people lost (with the passage of Proposition 8).

Hmmm, that is now TWO achievements Barack Obama has been able (in two years) to do that "Big Dog" Bill Clinton could not get done in (8 years): health care reform AND the repeal of the disgraceful military ban on open military service by lesbians and gay men.

White House Officially Supports House DADT Repeal Bill

EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503

December 15, 2010
(House)

STATEMENT OF ADMINISTRATION POLICY
House Amendment to the Senate Amendment to H.R. 2965 – Don't Ask, Don't Tell Repeal Act of 2010
(Rep. Murphy, D-Pennsylvania, and Rep. Hoyer, D-Maryland)

The Administration strongly supports House passage of the House amendment to the Senate amendment to H.R. 2965, which would repeal the statute underlying "Don't Ask, Don't Tell" after the President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff certify that implementation of the necessary policies and regulations related to the statutory repeal is consistent with the standards of military readiness, military effectiveness, unit cohesion, and recruiting and retention of the Armed Forces.  Congressional enactment of this legislation would allow a repeal to be implemented under terms and a timetable that would be informed by the advice of our military leadership.

The recently-released comprehensive study by the Department of Defense shows that overwhelming majorities of our Service members are prepared to serve with Americans who are openly gay or lesbian; it concludes that overall, and with thorough preparation, there would be low risk associated with the repeal.  The existing statute weakens our national security, diminishes our military readiness, and violates fundamental American principles of fairness, integrity, and equality.

U.S. House To Vote on DADT Repeal Bill Wed 12/15

Speaker Nancy Pelosi tweeted today that the U.S. House of Representatives will vote on a stand-alone House bill (identical to the Senate bill S. 4023 introduced on Friday which now has 40 co-sponsors) as a "privileged bill" to repeal "Don't Ask, Don't Tell" on Wednesday December 15th.

DADT Repeal Bill Introduced in U.S. Senate

A standalone bill to repeal the military's "Don't Ask, Don't Tell" policy was introduced on Friday December 10th and currently has 27 co-sponsors, including Republican Susan Collins and Independent Joe Lieberman, who sponsored the legislation, called S. 4023.

After a bid to keep DADT repeal in the National Defense Authorization Act failed by a  vote of 57-40 on Thursday (since it takes 60 votes to break a filibuster) this last-minute federal legislation is the only vehicle left by which DADT can be repealed before the end of the 111th Congress.

There are currently 28 explicit supporters of the bill (including Lieberman):

Sen Akaka, Daniel K. [HI] - 12/10/2010 
Sen Bennet, Michael F. [CO] - 12/10/2010 
Sen Bingaman, Jeff [NM] - 12/10/2010 
Sen Boxer, Barbara [CA] - 12/10/2010 
Sen Brown, Sherrod [OH] - 12/10/2010 
Sen Cardin, Benjamin L. [MD] - 12/10/2010 
Sen Collins, Susan M. [ME] - 12/10/2010 
Sen Coons, Christopher A. [DE] - 12/10/2010 
Sen Dodd, Christopher J. [CT] - 12/10/2010 
Sen Durbin, Richard [IL] - 12/10/2010 
Sen Feinstein, Dianne [CA] - 12/10/2010 
Sen Franken, Al [MN] - 12/10/2010 
Sen Gillibrand, Kirsten E. [NY] - 12/10/2010 
Sen Harkin, Tom [IA] - 12/10/2010 
Sen Kerry, John F. [MA] - 12/10/2010 
Sen Lautenberg, Frank R. [NJ] - 12/10/2010 
Sen Leahy, Patrick J. [VT] - 12/10/2010 
Sen Levin, Carl [MI] - 12/10/2010 
Sen Lincoln, Blanche L. [AR] - 12/10/2010 
Sen Menendez, Robert [NJ] - 12/10/2010 
Sen Merkley, Jeff [OR] - 12/10/2010 
Sen Murray, Patty [WA] - 12/10/2010 
Sen Reid, Harry [NV] - 12/10/2010 
Sen Udall, Mark [CO] - 12/10/2010 
Sen Udall, Tom [NM] - 12/10/2010 
Sen Whitehouse, Sheldon [RI] - 12/10/2010 
Sen Wyden, Ron [OR] - 12/10/2010

Both Senate Majority Leader Harry Reid and Speaker of the House Nancy Pelosi have agreed to move on the legislation before the end of the year.

Lieberman and Collins claim there are more than 60 votes to repeal DADT (Lisa Murkowki, Scott Brown, and Richard Lugar are all Republicans who have claimed to support the end of DADT). Even Democrat Joe Manchin of West Virginia who voted in favor of the filibuster has said that he would probably not vote that way again.

Roll Call Vote On DADT

Please note that 56 of 57 votes for repeal were cast by Democrats (and Independents), with 39 of 49 votes for bigotry were cast by Republicans. Remember this vote when some people claim there is "no difference" between the two major parties.

Grouped By Vote Position

YEAs ---57
Akaka (D-HI) Baucus (D-MT) Bayh (D-IN) Begich (D-AK) Bennet (D-CO) Bingaman (D-NM) Boxer (D-CA) Brown (D-OH) Cantwell (D-WA) Cardin (D-MD) Carper (D-DE) Casey (D-PA) Collins (R-ME) Conrad (D-ND) Coons (D-DE) Dodd (D-CT) Dorgan (D-ND) Durbin (D-IL) Feingold (D-WI)	Feinstein (D-CA) Franken (D-MN) Gillibrand (D-NY) Hagan (D-NC) Harkin (D-IA) Inouye (D-HI) Johnson (D-SD) Kerry (D-MA) Klobuchar (D-MN) Kohl (D-WI) Landrieu (D-LA) Lautenberg (D-NJ) Leahy (D-VT) Levin (D-MI) Lieberman (ID-CT) McCaskill (D-MO) Menendez (D-NJ) Merkley (D-OR) Mikulski (D-MD)	Murray (D-WA) Nelson (D-FL) Nelson (D-NE) Pryor (D-AR) Reed (D-RI) Reid (D-NV) Rockefeller (D-WV) Sanders (I-VT) Schumer (D-NY) Shaheen (D-NH) Specter (D-PA) Stabenow (D-MI) Tester (D-MT) Udall (D-CO) Udall (D-NM) Warner (D-VA) Webb (D-VA) Whitehouse (D-RI) Wyden (D-OR)

NAYs ---40
Alexander (R-TN) Barrasso (R-WY) Bennett (R-UT) Bond (R-MO) Brown (R-MA) Bunning (R-KY) Burr (R-NC) Chambliss (R-GA) Coburn (R-OK) Cochran (R-MS) Corker (R-TN) Crapo (R-ID) DeMint (R-SC) Ensign (R-NV)	Enzi (R-WY) Graham (R-SC) Grassley (R-IA) Gregg (R-NH) Hatch (R-UT) Hutchison (R-TX) Inhofe (R-OK) Isakson (R-GA) Johanns (R-NE) Kirk (R-IL) Kyl (R-AZ) LeMieux (R-FL) Lugar (R-IN) Manchin (D-WV)	McCain (R-AZ) McConnell (R-KY) Murkowski (R-AK) Risch (R-ID) Roberts (R-KS) Sessions (R-AL) Shelby (R-AL) Snowe (R-ME) Thune (R-SD) Vitter (R-LA) Voinovich (R-OH) Wicker (R-MS)

Not Voting - 3
Brownback (R-KS)	Cornyn (R-TX)	Lincoln (D-AR)

BREAKING: Senate Falls 3 Votes Short of DADT Repeal

The Senate has failed to invoke cloture on the NDAA including DADT repeal by a vote of 57-40.

Here is the president's statement:

THE WHITE HOUSE
Office of the Press Secretary
_________________________________________________________________________________________________________________
FOR IMMEDIATE RELEASE
December 9, 2010

Statement by the President on the Senate Vote on the National Defense Authorization Act

I am extremely disappointed that yet another filibuster has prevented the Senate from moving forward with the National Defense Authorization Act.  Despite having the bipartisan support of a clear majority of Senators, a minority of Senators are standing in the way of the funding upon which our troops, veterans and military families depend. This annual bill has been enacted each of the past 48 years, and our armed forces deserve nothing less this year. 

A minority of Senators were willing to block this important legislation largely because they oppose the repeal of ‘Don’t Ask, Don’t Tell.’  As Commander in Chief, I have pledged to repeal this discriminatory law, a step supported by the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, and informed by a comprehensive study that shows overwhelming majorities of our armed forces are prepared to serve with Americans who are openly gay or lesbian.  A great majority of the American people agree.  This law weakens our national security, diminishes our military readiness, and violates fundamental American principles of fairness, integrity and equality.

I want to thank Majority Leader Reid, Armed Services Committee Chairman Levin, and Senators Lieberman and Collins for all the work they have done on this bill.  While today’s vote was disappointing, it must not be the end of our efforts.  I urge the Senate to revisit these important issues during the lame duck session.

###

WATCH: Illinois State Sen. Rail Against Hypocrisy

Illinois House Passes Civil Unions Bill 61-52!

The Illinois House of Representatives passed a civil unions bill by a vote of 61-52 on Tuesday afternoon, with swift passage expected in the more liberal Illinois State Senate by the end of the day and SB 1617 ending up on Governor Pat Quinn's desk shortly thereafter.

Chicago Pride covered the story thusly:

Openly gay Rep. Greg Harris (D-Chicago), who co-sponsored SB 1716, started his opening statement at 5:17 p.m on Tuesday. "Once in every generation," he said, "legislatures across the country have a chance to advance the cause of liberty and justice for all."

The Illinois Religious Freedom Protection and Civil Union Act (SB 1716) which passed to cheers in the chamber with a 61-52 majority vote, received support from the Democratic leadership in Springfield, including Speaker of the Illinois House of Representatives Michael Madigan (D-Chicago), Senate President John Cullerton (D-Chicago) and Illinois Gov. Pat Quinn, who was present.


[...]


Conservative groups, including the Catholic Conference of Illinois and Washington D.C.-based National Organization for Marriage (NOM), lobbied hard against the bill.

The bill does not recognize same-sex marriages, but will provide the same spousal rights to same-sex partners when it comes to surrogate decision-making for medical treatment, survivorship, adoptions, and accident and health insurance.

California, Nevada, New Jersey, Oregon and Washington have passed laws allowing same sex civil unions. Same-sex couples can marry in Massachusetts, Connecticut, New Hampshire, Vermont, Washington D.C. and Iowa.

Congratulations to Illinois! I think it is quite amusing that heterosexual supremacists are now left making the counterfactual claim that "civil unions are identical to marriage" and are thus opposing measures that many in the LGBT community reject as "separate but unequal."

DADT Update: DOD Report Out In 7 Days; Discharges Ceased; TV Ad Out

There have been multiple developments in the fight to repeal "Don't Ask, Don't Tell" recently.

The Defense Department has (barely) bowed to political pressure by agreeing to release its now-famous study of the impacts of open military service by LGBT soldiers on "unit cohesion, military readiness and effectiveness, recruiting and retention and family readiness" one day early, next Tuesday, November 30.

The Pentagon also announced that ever since Secretary of Defense Robert Gates issued new procedures that require a DADT discharge to be approved by one of a handful of top military officers on October 21, no LGBT people have been "separated" from the military in the last month.

Recent polls have begun to show declines from the massive support for repealing the military's discriminatory DADT policy. In the last few days, a Gallup poll has been released indicating only 56% of Americans think passing DADT repeal in the Senate's lame-duck session is important or very important (compared to 60% who feel that way about passing the DREAM Act).

Today, the Palm Center had the above television ad touting the lack of consequences to open military service experienced by our NATO allies currently fighting in Iraq and Afghanistan rejected by Fox News.

I believe that the Obama Administration will deliver on its promise to have DADT repeal accomplished by the end of 2010.

First Comprehensive Review of U.S. Laws On HIV/AIDS Released

An interesting press release just passed my inbox announcing the release by the of a comprehensive review on all state and federal laws that impact people living with HIV or AIDS in the United States.

The Center for HIV Law and Policy today released the first comprehensive analysis of HIV-specific criminal laws and prosecutions in the United States. The publication, Ending and Defending Against HIV Criminalization: State and Federal Laws and Prosecutions, covers policies and cases in all fifty states, the military, federal prisons and U.S. territories.

“In the United States there are many shocking cases of persons being prosecuted for otherwise-legal conduct solely based on their HIV status,” said René Bennett-Carlson, CHLP’s Managing Attorney, and one of the authors of the manual, “This singling out of people with HIV for arrests and punishment without consideration of the responsibility of all parties in a sexual relationship, the actual risk of HIV transmission, and  whether transmission even occurred is based on intolerable ignorance about HIV. These laws and prosecutions have no positive impact whatsoever on HIV infection rates or risk behavior.”

People are being imprisoned for decades, and in many cases have to register as sex offenders, as a consequence of exaggerated fears about HIV.  Most of these cases involve consensual sex or conduct such as spitting and biting that has only a remote possibility of HIV exposure.  For example, a number of states have laws that make it a felony for someone who has had a positive HIV test to spit on or touch another person with blood or saliva. “We hope that this resource will put a spotlight on this terrible injustice and make it easier for advocates to defend against these discriminatory prosecutions,” Bennett-Carlson added.

Some examples of recent prosecutions discussed in CHLP’s manual include:

·        A man with HIV in Texas is serving thirty-five years for spitting at a police officer;

·        A man with HIV in Iowa, who had an undetectable viral load, received a twenty-five year sentence after a one-time sexual encounter during which he used a condom; his sentence was suspended, but he had to register as a sex-offender and is not allowed unsupervised contact with his nieces, nephews and other young children;  

·        A woman with HIV in Georgia received an eight-year sentence for failing to disclose her HIV status, despite the trial testimony of two witnesses that her sexual partner was aware of her HIV positive status;

·        A man with HIV in Michigan was charged under the state’s anti-terrorism statute with possession of a “biological weapon” after he allegedly bit his neighbor. 

Ending and Defending Against HIV Criminalization: State and Federal Laws and Prosecutions is intended as a  resource for lawyers and community advocates on the laws, cases, and trends that define HIV criminalization in the United States. Thirty-four states and two U.S. territories have HIV-specific criminal statutes and thirty-six states have reported proceedings in which HIV-positive people have been arrested and/or prosecuted for consensual sex, biting, and spitting.  At least eighty such prosecutions have occurred in the last two years alone.

The catalog of state and federal laws and cases is the first volume of a multi-part manual that CHLP’s Positive Justice Project is developing for legal and community advocates. The goal of the Positive Justice Project is to bring an end to laws and policies that subject people with HIV to arrest and increased punishment on the basis of gross ignorance about the nature and transmission of HIV, without consideration of the actual risks of HIV exposure. 

“We support the work of the Center for HIV Law and Policy’s Positive Justice Project. This manual is a tremendous achievement and provides a desperately needed resource for the HIV community,” said Vanessa Johnson, Executive Vice President of the National Association of People with AIDS (NAPWA). “NAPWA proposed the idea of an HIV criminalization manual to CHLP because of their reputation in this area, and because criminalization acts as a disincentive to testing. It discourages testing by imposing huge risks and penalties on a positive test result. Criminalization also is an unwarranted assault on the rights and dignity of people living with HIV.” 

Catherine Hanssens, Executive Director of CHLP, added, “These laws make the statement that those who test positive for HIV are too toxic to have intimate relationships, that HIV is highly infectious, and that only those who get tested bear any responsibility for preventing the spread of sexually-transmitted diseases. These laws treat people with HIV as if they are packing an unlicensed, loaded gun – as if the very fact of HIV infection is proof of criminal intent.” 

René Bennett-Carlson concluded, “Three decades into the HIV epidemic, it is time to bring this kind of ignorance and hysteria to an end.”  

The manual can be accessed and downloaded at www.hivlawandpolicy.org/resources/view/564. Its completion was supported by grants for CHLP’s anti-criminalization work and Positive Justice Project from the MAC AIDS Fund and Broadway Cares/Equity Fights AIDS.

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The Center for HIV Law and Policy is a national legal and policy resource and strategy that works to reduce the impact of HIV on vulnerable and marginalized communities and to secure the human rights of people affected by HIV. We increase the advocacy power of advocates, and community members, and advance policy initiatives that are grounded in and uphold social justice, science, and the public health. We do this by providing an accessible web-based resource bank; leadership and analysis on key policy issues; and direct back-up to advocates on initiatives through our interdisciplinary support networks of experts, activists, and high-quality resources.

Nine Utah Cities and Counties Now Ban Anti-LGBT Bias

There is progress to report on ending discrimination based on sexual orientation and/or gender identity in the state of Utah. Recently, the city councils of Moab, UT and Murray, UT unanimously have enacted local ordinances prohibiting discrimination in housing or employment against LGBT people.

The Salt Lake Tribune reports:

There are now nine cities and counties in Utah with such ordinances. Equality Utah hopes the number will reach 10 before the start of the next session of the Utah Legislature, where the group has pushed for a statewide anti-discrimination law.

In addition to Moab and Murray, Salt Lake City, Salt Lake County, Park City, Summit County, Logan, West Valley City and Taylorsville ban housing and employment discrimination based on sexual orientation or gender identity.

This means that Equality Utah is just one city away from having reached its goal of having 10 local jurisdictions enact "gay rights laws" before the Utah legislature convenes again and considers a similar statewide measure.

Of course these piecemeal efforts would not be necessary if the 111th United States Congress has passed the Employment Non-Discrimination Act--although even then that legislation would just ban employment discrimination on the basis of sexual orientation, gender identity or gender expression and not address discriminations in housing, public accommodations, credit, education and government services. All of these are areas which are protected under California state law, for example.

There is almost no chance that under Republican control the 112th Congress will pass ENDA, or frankly any LGBT-supportive legislation.

Hat/tip to Trans Griot.

Comprehensive Immigration Reform Bill With LGBT Provisions Introduced

For Immediate  Release                                                                                  Contact:  Steve Ralls
September 30, 2010                                                (202) 347-7007 / sralls@immigrationequality.org

Immigration Equality Action Fund Hails Introduction of LGBT-Inclusive Comprehensive Immigration Reform BillLegislation from Senator Robert Menendez Includes Uniting American Families Act

Washington, DC – The Immigration Equality Action Fund today hailed the introduction of a comprehensive immigration reform bill in the Senate, by Senator Robert Menendez (D-NJ), which includes the Uniting American Families Act (UAFA), a measure to end discrimination against lesbian, gay, bisexual and transgender immigrant families. 

“The Immigration Equality Action Fund welcomes Senator Menendez’s inclusive legislation, and calls on Congress to pass comprehensive reform, and fix our broken immigration system, immediately,” said Rachel B. Tiven, the group’s executive director.  “This new bill includes numerous, positive developments for LGBT immigrants, including UAFA, the DREAM Act and a pathway to citizenship.  All three components are important to ensuring that lesbian, gay, bisexual and transgender immigrants are able to contribute fully to our country while keeping their families together. The LGBT community must press for the passage of Senator Menendez’s bill, and call on our allies in Congress to support the legislation.  This legislation will finally end the obstacles so many families – both gay and straight – struggle with every day.”

Under current immigration law, lesbian and gay Americans are unable to sponsor their foreign-born partners for residency in the United States.  As a result, LGBT binational couples are forced apart, or into exile, by discriminatory immigration laws.  UAFA – sponsored in the Senate by Senator Patrick Leahy (D-VT) and in the House by Congressman Jerrold Nadler (D-NY) – would eliminate that double standard, and apply immigration laws equally to LGBT Americans, and their partners. UAFA is currently co-sponsored by 161 lawmakers in both chambers of Congress.

“It is simply unconscionable that our immigration laws tear families apart,” Tiven concluded.  “Senator Menendez’s legislation, which is a truly comprehensive bill, would provide LGBT families with important opportunities to keep their families together.  The bill’s introduction is welcome news not just for lesbian and gay Americans, but also their extended families, their communities and our country.  The Immigration Equality Action Fund is committed to working for its passage.”

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Immigration Equality Action Fund advocates on Capitol Hill for equality for lesbian, gay, bisexual, transgender and HIV-positive immigrants and their families. To end discrimination in U.S. immigration law, Immigration Equality Action Fund works to pass the Uniting American Families Act and LGBT-inclusive Comprehensive Immigration Reform. The Action Fund lobbies legislators and other policy makers, builds coalitions, and empowers LGBT immigrant families around the country to fight for change.