Wednesday, September 17, 2014

Boynton Beach Mayor Cites Dictionary's Definition of Marriage As Reason to Vote Against Gay Rights

Boynton Beach Mayor Cites Dictionary's Definition of Marriage As Reason to Vote Against Gay Rights

By Chris Joseph, Broward-Palm Beach New Times
Staff Writer
September 17, 2014

After receiving a report on workplace equality from the Palm Beach County Human Rights Council back in July, on Tuesday evening the Boynton Beach City Commission agreed to give employees with domestic partners or same-sex spouses benefits. Boynton Beach Mayor Jerry Taylor, however, gave the one dissenting vote, expressing that the way the Merriam-Webster dictionary defines marriage is not in accordance to gay marriage and, therefore, they should not be awarded the same benefits as those who are in straight marriages.

Still, the vote -- which ended in 4-1 -- means that those in domestic relationships will be offered the same family benefits currently offered to municipal employees whose marriages are recognized by the state.

Benefits include medical, dental, and life insurance, as well as giving the employees family sick leave, bereavement leave, and family-medical leave.

Last night's yay votes came from Vice Mayor Joe Casello, Commissioners David Merker, Mack McCray, and Michael Fitzpatrick with the one decanting vote coming from Mayor Taylor.
Taylor expressed his religious beliefs as reason for giving the dissenting vote, and railed against the proposals while referring to the definition of marriage from the Merriam-Webster dictionary.

"Jerry Taylor needs to get a more current dictionary," President and Founder of the Palm Beach County Human Rights Council, Rand Hoch, said in response to Taylor's diatribe. "I Googled the Merriam-Webster dictionary's definition of marriage on the internet, and the online definition included 'the state of being united to a person of the same sex in a relationship like that of a traditional marriage'. But then, I doubt Mayor Taylor's dictionary includes the words 'Googled', 'online' or even 'internet.'"

The report sent to Mayor Taylor and city commissioners in July was a comprehensive look on workplace equality. In addition to the benefits, the commissioners also directed the city attorney to draft an LGBT-inclusive Civil Rights Ordinance, which will be put under consideration later this year.

According to the report, the Palm Beach County Human Rights Council detailed how the city could adopt "policies providing City employees with domestic partners the same family benefits as are provided to employees with spouses, including medical insurance, dental insurance, COBRA and health insurance continuation coverage, life insurance, accidental death and dismemberment insurance, family sick leave, bereavement leave, family-medical leave, the employee assistance plan and as any other family benefits offered by the City."

The report specifically asked the city to adopt an LGBT-inclusive Civil Rights Ordinance.
Hoch, Florida's first openly- gay judge, says that the city won't suffer any major financial distress over offering these benefits.

"Since Boynton Beach does not pay any portion of the insurance premium for employees' dependents, these benefits will only require a minimal impact on the City's budget," Hoch said in a press release in July.

Just last August, the Town Council of Palm Beach voted to extend benefits for domestic partnerships. The fight for those benefits to implemented was a six year battle waged by
attorney W. Trent Steele, who serves on the Board of Directors of the Palm Beach County Human Rights Council.

Despite push-back from some leaders, the projected cost for the Town of Palm Beach for domestic partnership benefits, which went into effect in January, will cost just $72,510.

Back in March, Hoch predicted that gay marriage would become legal in Florida by 2016. This could be yet another step towards seeing that prediction come to fruition.

"The Boynton Beach vice mayor and the city commissioners have taken a pro-family stance this evening by extending the same family benefits to all municipal employees," Hoch said via the press release following the commissioners' vote Tuesday night.


PBCHRC UPDATE - September 2014


MESSAGE FROM PBCHRC PRESIDENT AND FOUNDER RAND HOCH 
 
September 17, 2014

PBCHRC scored another set of victories last night in Boynton Beach!

By a margin of 4-1, the City Commission voted to (a) implement the full range of domestic partnership benefits for municipal employees, (b) amend the city's nondiscrimination policies to prohibit discrimination based on "gender identity or expression" and (c) direct the City attorney to draft an LGBT-inclusive Civil Rights Ordinance for consideration later this year. The actions were taken as the result of requests made by PBCHRC in mid-July. Mayor Jerry Taylor cast the "no" votes on all three proposals.

Throughout the summer, the PBCHRC Voters Alliance engaged in voter identification, early voting and absentee ballot campaigns.  While voter turnout throughout Palm Beach County was only 12%, as a result of our efforts, the turnout by Palm Beach County's LGBT voters and our allies was significantly stronger.

The following candidates endorsed by the PBCHRC Voters Alliance were successful in the August 26 Primary Election.:

  • U.S. Congressman (Dist. 20) - Alcee Hastings
  • U.S. Congressman (Dist. 21) - Ted Deutch
  • Attorney General - George Sheldon
  • State Representative (Dist. 81) - Kevin Rader
  • Circuit Court Judge (Group 30) - Jaimie Goodman
  • County Commissioner (Dist. 6) - Melissa McKinlay
  • School Board Member (District) - Karen Brill
  • School Board Member (Dist. 6) - Marcia Andrews
  • School Board Member (Dist..7) - Debra Robinson
The PBCHRC Voters Alliance continues to screen, interview and endorse additional candidates who will appear on the General Election ballot. We will keep you posted on our progress through the upcoming months. To keep track of our endorsements as they are updated, please click here

To date, the following endorsements have been made for the November 4 General Election:
Please note that not all of these candidates will appear on your ballot.

In addition, PBCHRCVA urges our supporters to vote YES on the following ballot initiatives:
To learn more about the campaigns, please click on the names

Following up on last month's successful campaign which resulted in the City of West Palm Beach enacting the County's first Equal Benefits Ordinance (EBO), PBCHRC is considering asking the County and the School Board to enact policies to require contractors to provide the same family benefits to employees' same-sex spouses and (both same- and opposite-sex) domestic partners as the contractors offer to employees' legally recognized (i.e., opposite-sex) spouses.

Over the past few months, there have been strong pro-marriage equality rulings from a federal judge and several state court judges in Florida.  Yet no marriage licenses are being issued. Governor Rick Scott and Attorney General Palm Bondi continue to utilize delaying tactics in their attempts to deny us equal marriage rights.  These two obstructionists must be retired from public service. 

The PBCHRC Voters Alliance  strongly urges you to make sure that you get everyone you know who is registered to vote in Florida to participate in the upcoming General Election by voting for Charlie Crist for Governor and George Sheldon for Attorney General.


It is important to keep in mind that until the entire state of Florida recognizes same-sex marriages (or until Congress updates applicable federal laws), married gay and lesbian Florida residents will continue to be denied the Social Security and Veterans Affairs spousal benefits which are currently enjoyed by legally married gay men and lesbians living in states which recognize marriage equality.

Until all federal and state civil rights laws become LGBT-inclusive - and until marriage equality is extended throughout Florida - PBCHRC will remain vigilant in our efforts to end discrimination based on sexual orientation, gender identity and gender expression.

Since 1988, the Palm Beach County Human Rights Council's activists - all volunteers - have been screening candidates for public office, making endorsements, educating public officials and taking action with the sole purpose of changing laws and policies to provide equal treatment and equal benefits for the local LGBT community.

Our work in electing LGBT-supportive public officials has resulted in the enactment of more than 70 local laws and policies which now provide Palm Beach County's LGBT residents and visitors with both equal protection and equal family benefits.

The Council's current projects include persuading:
  • The City of Boca Raton to rescind Ordinance No. 5161;
  • The County Commission and the School Board of Palm Beach County to enact policies to require city contractors to provide the same family benefits to employees' same-sex spouses and (both same- and opposite-sex) domestic partners as the contractors offer to employees' legally recognized (i.e., opposite-sex) spouses.
  • The City of Riviera Beach to amend its nondiscrimination policies and ordinances to include "sexual orientation" and "gender identity or expression";
  • The Chief Judge of Florida's 15th Judicial Circuit in and for Palm Beach County to include sexual orientation, gender identity and gender expression in mandatory diversity training for judges and court personnel;
  • All public employers within Palm Beach County to: (a) adopt policies which specifically prohibit discrimination based on "sexual orientation" and "gender identity and expression"; and (b) provide the same employment benefits to families based on domestic partnerships or out-of-state same-sex marriages as are provided to families based on legally recognized marriages.
  • All public employers within Palm Beach County offering domestic partners health insurance to provide annual payments to offset (or fully reimburse) the additional federal taxes assessed on the value of those payments.
In keeping with PBCHRC's commitment to promoting equality through education, advocacy, direct action, impact litigation and community outreach, PBCHRC Vice Chair Jess Blackman, Secretary Rae Franks and Litigation Chair Trent Steele participated in Lavender Law, the National LGBT Bar Association Conference.  (Trent also participated in the Family Law Institute).  Lavender Law brings together the best and brightest legals minds in the country and PBCHRC is proud to continue its relationship the National LGBT Bar Association.

Jess and Trent have also been elected to the Board of Directors of the newly formed Florida Association of LGBT Lawyer and Allies (FALLA).  In addition, Jess and I will be presenting a seminar on discrimination at "Out of the Closet and In Your Office" -- FALLA's education conference to be held in Fort Lauderdale next month.  PBCHRC is a conference sponsor.  For more information about the conference, click here.  

Finally, PBCHRC welcomes Meredith Ockman to our Board of Directors. In addition to her work for PBCHRC, Meredith serves as Vice President of Florida NOW, Vice President of Florida National Women's Political Caucus (NWPC), President of South Florida Women's Health Foundation of South Florida, and as the Southeast Regional Director of NOW.  As a national board member, she oversees NOW chapters in seen states. To read more about Meredith - and other members of PBCHRC's Board of Directors - click here.   

Since 1988, the Palm Beach County Human Rights Council has worked diligently on behalf of the LGBT community. Rest assured, we will continue to do so in 2014--  and beyond.

Judge Rand Hoch (retired),
President and Founder

This paid electioneering communication, which is independent of any party, candidate or committee, is produced, sponsored and paid for by The Palm Beach County Human Rights Council Voters Alliance.
The Palm Beach County Human Rights Council Voters Alliance. 
Post Office Box 267 
West Palm Beach, Florida 33402 

Thursday, September 11, 2014

PBCHRC VOTERS ALLIANCE ENDORSEMENTS (updated 10/6/14)




The Palm Beach County Human Rights Council Voters Alliance endorses candidates who support LGBT initiatives and privacy rights. Endorsements of candidates are made upon consideration of:
  • How a candidate has voted on LGBT issues
  • How a candidate has supported the Palm Beach County LGBT Community



The following candidates have been endorsed by The Palm Beach County Human Rights Council Voters Alliance for election or re-election:


         U.S. Congressman (Dist. 18) -Patrick Murphy
         U.S. Congressman (Dist. 20) - Alcee Hastings
         U.S. Congressman (Dist. 21) - Ted Deutch
         U.S. Congresswoman (Dist. 22) - Lois Frankel

         Governor - Charlie Crist
         Attorney General - George Sheldon

         Chief Financial Officer -
              CO-ENDORSEMENT - VOTE FOR EITHER CANDIDATE, NOT BOTH
               Jeff Atwater (Rep.) or William "Will" Rankin (Dem.)
  
       State Senator (Dist. 34) - Ellyn Bogdanoff

         State Representative (Dist. 82) - Mary Higgins        
         State Representative (Dist. 86) - Mark Pafford
         State Representative (Dist. 88) - Bobby Powell
         State Representative (Dist. 89) - Bill Hager

         School Board (Dist. 4) - Erica Whitfield

         County Commissioner (Dist.4)   
               CO-ENDORSEMENT - VOTE FOR EITHER CANDIDATE, NOT BOTH
               Steven Abrams (Rep.) or Andrew "Andy" O'Brien (Dem.)
          County Commissioner (Dist. 6) -Melissa McKinlay

          Port Commissioner (Group 5) - Peyton McArthur
          Soil & Water Conservation Board Member (Group 5) - Karl Dickey

 
On the ballot initiatives:
         Amendment 1 - Florida Water and Land Conservation Initiative - YES
         Amendment 2 - Florida Right to Medical Marijuana Initiative - YES
         Amendment 3 - Florida Prospective Judicial Vacancies - NO
         Countywide Question 1 - Children's Services Council Reauthorization  - YES
         Countywide Question 2 - Referendum to Continue an Ad Velorem  Levy for School
             Operational Needs  - YES

 
The following candidates endorsed by The Palm Beach County Human Rights Council Voters Alliance were elected (or re-elected) in 2014:
          State Representative (Dist. 81) - Kevin Rader

          County Commissioner (Dist. 2) - Paulette Burdick

          School Board (Dist. 3) - Karen Brill
          School Board (Dist. 6) - Marcia Andrews
          School Board (Dist. 7) - Debra Robinson
         
          Circuit Court Judge - Jaimie Goodman


          Boca Raton Mayor - Susan Haynie
          Boca Raton City Council (Seat D) - Robert Weinroth

          Palm Beach Gardens City Council (Group 3) -  Eric Jablin

          Palm Beach Gardens City Council (Group 5) -  Marcie Tinsley

______________________________________________________
This paid electioneering communication, which is independent of any party, candidate or committee, is produced, sponsored and paid for by the The Palm Beach County Human Rights Council Voters Alliance.

The Palm Beach County Human Rights Council Voters Alliance.
Post Office Box 267, West Palm Beach, Florida 33402
(561) 358-0105

Tuesday, August 19, 2014

West Palm Beach approves same-sex benefit requirements for contractors

By Eliot Kleinberg - Palm Beach Post Staff Writer

WEST PALM BEACH — It’s official. Contractors and people who do at least $50,000 in business with the city must offer equal family benefits to all employees, including those in same-sex relationships.

The city commission Monday voted 5-0, becoming the first public employer in Palm Beach County to impose the rule.

The rule covers businesses with five or more employees. Exceptions: companies that provide no benefits to employees’ spouses or dependents; government entities, contracts for sale or lease of property, emergency contracts, and provisions that would violate grant requirements or federal or state laws or rules.

The city also could waive compliance if it gets only one bidder, or determines no bidders can comply with the domestic partners rule, or decides at a public meeting that imposing the requirement would result in the city not getting the best value.

The commission had voted 3-2 on the first reading, on Aug. 4, with commissioners Kimberly Mitchell and Shanon Materio opposed. Both had said they supported the rule in principle. Mitchell worried about the idea of the city demanding something. She said she’d rather reward businesses by giving credit in bid considerations to those who provide the benefits. She also worried about imposing rules on local offices of national companies.

Mayor Jeri Muoio said had said a survey of the companies that do business with the city found that “there would be little effect” because nearly all businesses already meet, or are exempt from, the rule. Materio had wanted to study that survey .

“The more elected officials learn about the benefits of encouraging city contractors to provide equal benefits to the families of their their lesbian and gay employees, the more they understand the importance of treating everyone fairly,” said Rand Hoch, president and founder of the Palm Beach County Human Rights Council.

The local non-profit organization has pushed numerous local public employers to enact more than 75 laws and policies providing equal benefits for employees in nontraditional families.

Similar ordinances have been approved by the Broward County Commission; the Broward towns of Hallandale Beach, Oakland Park and Wilton Manors; and the cities of Key West and Miami Beach.

http://www.mypalmbeachpost.com/news/news/local/west-palm-beach-approves-same-sex-benefit-requirem/ng5Rk/
 

PBCHRC - President's Message - August 19, 2014

What an incredible month this has been.

On August 5, Palm Beach County Circuit Court Judge Diana Lewis ruled that Florida's ban on same-sex marriage was unconstitutional, making her the fourth judge in Florida to reach this conclusion. (Last month, prior to the hearing on this case, the Palm Beach County Human Rights Council Voters Alliance endorsed her bid for re-election to the Circuit Court.)

Earlier that day, the Boynton Beach City Commission voted unanimously on PBCHRC's request for it to have staff look into implementing domestic partnership benefits. Staff is expected to report back to the City Commission by September 16, 2014.

On August 18, the West Palm Beach City Commission unanimously approved an equal benefits ordinance to require city contractors to provide the same family benefits to employees' same-sex spouses and (both same- and opposite-sex) domestic partners as the contractors offer to employees' legally recognized (i.e., opposite-sex) spouses.

Mayor Jeri Muoio introduced the ordinance, which itself was based on a request PBCHRC first made to then-Mayor Lois Frankel back in 2007. The ordinance passed first reading on August 4 with Commissioners Keith James, Sylvia Moffett and Ike Robinson voting in favor of Mayor Muoio's proposal. Commissioners Kimberly Mitchell and Shanon Materio spoke out - and voted against - the ordinance.  However, when the equal benefits ordinance came up for final approval, the vote to approve it was unanimous.

The August 26 primary elections are less than a week away.  PBCHRC and the PBCHRC Voters Alliance (PBCHRCVA) hope that our successes continue in the primary elections - and beyond.

Throughout the summer, the Voters Alliance has been engaged in voter identification, early voting and absentee ballot campaigns. We are in the process of finalizing our get-out-the-vote campaign. Throughout our 26 year history, these efforts have resulted in record turnout by Palm Beach County's LGBT voters and their allies. We hope to repeat this success in 2014.

The Voters Alliance endorses candidates who support LGBT initiatives and privacy rights, based, in part, on:

*   How a candidate has voted on LGBT issues, and
*   How a candidate has supported the Palm Beach County LGBT community.

The candidates on the August 26 ballots that have been endorsed by the Palm Beach County Human Rights Council Voters Alliance include:
 
*   U.S. Congressman (Dist. 20) - Alcee Hastings
*   U.S. Congressman (Dist. 21) - Ted Deutch
*   Governor - Nan Rich
*   Attorney General - George Sheldon
*   State Representative (Dist. 81) - Kevin Rader
*   Circuit Court Judge (Group 14) - Diana Lewis
*   Circuit Court Judge (Group 30) - Jaimie Goodman
*   County Commissioner (Dist. 6) - Melissa McKinlay
*   School Board Member (District) - Karen Brill
*   School Board Member (Dist. 4) - Justin Katz
*   School Board Member (Dist. 6) - Marcia Andrews
*   School Board Member (Dist..7) - Debra Robinson
*   Soil and Water Conservation District (Group 5) - Karl Dickey

Please note that not all of these candidates will appear on your ballot.

In addition, PBCHRCVA has endorsed the following candidates who will be on the November 4 ballot -  but not on the August 26 ballot:

*   U.S. Congressman (Dist. 18) - Patrick Murphy
*   U.S. Congresswoman (Dist. 22) - Lois Frankel
*   Palm Beach County Port Commissioner - Peyton McArthur

Following the primary elections, PBCHRCVA will continue to screen, interview and endorse additional candidates for the November 4 general election. To keep track of our endorsements as they are updated, please check: www.pbchrc.org/endorsements.html.

On August 9, more than 200 PBCHRC supporters - including more than 40 public officials and candidates - mingled and partied at our fabulous biennial Summer Soirée. This year's event was held at Casa de Oro al Lago, the West Palm Beach home of our hosts Christopher Caneles and Steve Nesbitt. We are most thankful for Christopher and Steve's generosity and hospitality. PBCHRC also thanks our event underwriters and sponsors: Echo, Christina's Catering, Congressman Mark Foley, Scott Velozo and Stephen Mooney, Rae Franks, Esquire, P.A., Joseph Pubillones Interiors, Patrick Murphy for Congress, Sid Lesowitz and Peter Rogers, the Law Offices of W. Trent Steele, Wood Kinnard and Alberto Arias, Don Todorich of The Corcoran Group, and my firm, The Law and Mediation Offices of Rand Hoch, P.A.

Special thanks also go out to Scott Velozo for, once again, donating his time and graphic artistry to create the alluring event logo, invitations and advertising.
 
With the progress on marriage equality that is sweeping the nation, it now appears certain that marriage equality will reach Florida by the end of June 2016 at the latest. (Both U.S. Supreme Court Justice Ruth Bader Ginsberg and I have made this prediction!).
 
While there have been pro-marriage equality rulings from state court judges in Monroe, Miami-Dade, Broward and Palm Beach Counties, no marriage licenses are being issued in Florida. Judges have imposed stays of their decisions pending review by the state's appellate courts. And Florida Attorney General Palm Bondi is fighting each and every case that she can to deny us equal marriage rights. She even is attempting to delay any progress in Florida by urging the state to wait until the U.S. Supreme Court rules on the matter (perhaps as late as June 2016). Quite hypocritical for one who has been a staunch supporter of states' rights. But Pam Bondi is a master of hypocrisy. The twice divorced Bondi, having failed at two marriages, speaks out in court and in the media on the sanctity of marriage. You can't have it both ways, Pam!
 
It is important to keep in mind that until the entire state of Florida recognizes same-sex marriages (or until Congress updates applicable federal laws), married gay and lesbian Florida residents will continue to be denied the Social Security and Veterans Affairs spousal benefits which are currently enjoyed by legally married gay men and lesbians living in states which recognize marriage equality.

Therefore, the most important race in Florida this year is the race for Attorney General. Incumbent Attorney General Pam Bondi must be defeated. Fortunately, Attorney General candidate (and longtime PBCHRC supporter) George Sheldon is the one who can defeat her. Please click here to take a moment to make as large a contribution as you can to - and to volunteer on - George's campaign.
 
While we anxiously await decisions other marriage equality cases in Florida, two of these need to be highlighted.

Palm Beach Gardens residents Sloan Grimsley and Joyce Albu, along with seven other Florida same-sex married couples, have sued the state in federal court for recognition of their out-of-state marriages. If they are successful - and if Pam Bondi does not appeal to the federal 11th Circuit - the State of Florida will be required to recognize out of state same-sex-marriages. Kudos go out to Sloan, Joyce and the other plaintiffs - as well as the ACLU of Florida - for bringing this lawsuit in federal court.

The issue of recognition of out-of-state same-sex marriages is also in state court before the Fourth District Court of Appeal in West Palm Beach. Florida Atlantic University student Gildas Dousset, whose husband is a longtime Florida resident, was denied in-state tuition that is granted to opposite-sex married couples. If Gildas is successful, the State of Florida - or at least Palm Beach, Broward, St. Lucie, Martin, Indian River and Okeechobee counties - could be required to recognize out-of-state same-sex marriages. Kudos to Gildas, his husband and to his attorney George Castrataro for taking a stand.

Until all federal and state civil rights laws become LGBT-inclusive - and until marriage equality is extended throughout Florida - PBCHRC will remain vigilant in its efforts to end discrimination based on sexual orientation, gender identity and gender expression.
 
Since 1988, the Palm Beach County Human Rights Council's activists - all volunteers - have been screening candidates for public office, making endorsements, educating public officials and taking action with the sole purpose of changing laws and policies to provide equal treatment and equal benefits for the local LGBT community.
 
Working to elect LGBT-supportive public officials has resulted in the enactment of more than 70 local laws and policies which now provide Palm Beach County's LGBT residents and visitors with both equal protection and equal family benefits.
 
The Council's current projects include persuading:

* The City of Boca Raton to rescind Ordinance No. 5161;

* The City of Boynton Beach to amend their nondiscrimination policies to include "gender identity or expression" and to offer the full range of domestic partnership benefits; 

* The City of Riviera Beach to amend its nondiscrimination policies and ordinances to include "sexual orientation" and "gender identity or expression";

* Florida Atlantic University to amend its anti-discrimination and anti-harassment policy to include "gender identity or expression" and to eliminate the discriminatory provisions in the school's domestic partnership health insurance policy;

* The Chief Judge of Florida's 15th Judicial Circuit in and for Palm Beach County to include sexual orientation, gender identity and gender expression in mandatory diversity training for judges and court personnel;

* All public employers within Palm Beach County to: (a) adopt policies which specifically prohibit discrimination based on "sexual orientation" and "gender identity and expression"; and (b) provide the same employment benefits to families based on domestic partnerships or out-of-state same-sex marriages as are provided to families based on legally recognized marriages;

* All public employers within Palm Beach County offering domestic partners health insurance to provide annual payments to offset (or fully reimburse) the additional federal taxes assessed on the value of those payments.

In keeping with PBCHRC's commitment to promoting equality through education, advocacy, direct action, impact litigation and community outreach, later this year, PBCHRC Vice Chair Jess Blackman, Secretary Rae Franks and Litigation Chair Trent Steele will be participating in Lavender Law, the National LGBT Bar Association Conference in New York. While there, Trent will also be participating in the Family Law Institute. In addition, I will be participating in the 2014 Out & Equal Workplace Summit in San Francisco. These conferences bring together the best and brightest legals minds in the country, and PBCHRC is proud to continue its relationship these incredible legal organizations.
 
Finally, PBCHRC welcomes Boca Raton attorney Reagan South to its Board of Directors. While in law school she competed at the National UCLA Sexual Orientation Competition, arguing against "Don't Ask, Don't Tell" on behalf of a lesbian naval officer who was dishonorably discharged as a result of her sexual orientation.  Reagan also served as the Vice President of Lambda United, which served as an activist and support group for LGBT students and their allies.  Reagan is an active member of the Florida Bar, the Young Lawyers Section, and the Gay and Lesbian Lawyers Network To read more about her - and other members of PBCHRC's Board of Directors - click here

Since 1988, the Palm Beach County Human Rights Council has worked diligently on behalf of the LGBT community. Rest assured, we will continue to do so in 2014 and beyond.


Judge Rand Hoch (retired),
President and Founder

This paid electioneering communication, which is independent of any party, candidate or committee, is produced, sponsored and paid for by the The Palm Beach County Human Rights Council Voters Alliance.
The Palm Beach County Human Rights Council Voters Alliance.
Post Office Box 267
West Palm Beach, Florida 33402
(561) 358-0105

Tuesday, July 15, 2014

PBCHRC Update - July 2014

MESSAGE FROM RAND HOCH, PRESIDENT & FOUNDER

Since 1988, the Palm Beach County Human Rights Council’s activists – all volunteers – have been screening candidates for public office, making endorsements, educating public officials and taking action with the sole purpose
of changing laws and policies to provide equal treatment and equal benefits for the local LGBT community.

Working to elect LGBT-supportive public officials has resulted in the enactment of more than 65 local laws and policies which now provide Palm Beach County’s LGBT residents and visitors with both equal protection and equal family benefits.

Thanks to the voter identification, early voting, absentee ballot and get-out-the-vote campaigns conducted this winter by the Palm Beach County Human Rights Council Voters Alliance, members of Palm Beach County’s LGBT community – and our allies – turned out in record numbers for the municipal elections held this year. We hope to repeat this success in conjunction with the upcoming primary and general elections.

 The Voters Alliance endorses candidates who support LGBT initiatives and privacy rights, based, in part, on:
  • How a candidate has voted on LGBT issues.
  • How a candidate has supported the Palm Beach County LGBT community.

The Voters Alliance is currently midway through our endorsement process for the August 26 primary election. To date, we have made the following endorsements:
  • U.S. Congressman (Dist. 18) - Patrick Murphy
  • U.S. Congressman (Dist. 20) - Alcee Hastings
  • U.S. Congressman (Dist. 21) - Ted Deutch
  • U.S. Congresswoman (Dist. 22) - Lois Frankel
  • Florida State Representative (Dist. 81) - Kevin Rader
  • County Commissioner (Dist. 2) - Paulette Burdick
  • Circuit Court Judge - Jaimie Goodman
  • Palm Beach County School Board Member (Dist. 3) - Karen Brill
  • Palm Beach County School Board Member (Dist. 6) - Marcia Andrews
  • Palm Beach County School Board Member (Dist..7) - Debra Robinson
  • Palm Beach County Port Commissioner (Group 5) - Peyton McArthur
We continue to screen, interview and endorse additional candidates for both the August 26 primary election and the November 4 general election. To keep track of our endorsements as they are updated, please check our Endorsements page.

Additionally, PBCHRC supporters will have the opportunity to meet candidates seeking state and local office, as well as other LGBT-supportive public officials, at our biennial Summer Soirée, which will be held on August 9, 2014, at the West Palm Beach home of Christopher Caneles and Steve Nesbitt. To find more information, to help sponsor and/or to purchase tickets, please check our Events page.

With the progress on marriage equality that is sweeping the nation, it now appears that marriage equality will reach Florida eventually.

Palm Beach Gardens residents Sloan Grimsley and Joyce Albu, along with seven other Florida same-sex married couples, have sued the state in federal court for recognition of their out-of-state marriages. Kudos go out to Sloan, Joyce and the other plaintiffs — as well as the ACLU of Florida — for bringing this lawsuit in federal court.

The issue of recognition of out-of-state same-sex marriages is also in state court before the Fourth District Court of Appeal in West Palm Beach. Florida Atlantic University student Gildas Dousset, whose husband is a longtime Florida resident, was denied in-state tuition that is granted to opposite-sex married couples. If Gildas is successful, the State of Florida -- or at least Palm Beach, Broward, St. Lucie, Martin, Indian River and Okeechobee counties -- could be required to recognize out-of-state same-sex marriages. Kudos to Gildas and his husband for taking a stand -- and to his attorney George Castrataro.

Additionally, several other lawsuits seeking marriage equality have been filed in both state and federal courts in Florida, and we eagerly await their outcome.

However, it is important to keep in mind that until the entire state of Florida recognizes same-sex marriages (or until Congress updates applicable federal laws), married gay and lesbian Florida residents will continue to be denied the Social Security and Veterans Affairs spousal benefits which are currently enjoyed by legally married gay men and lesbians living in states which recognize marriage equality.

Until all federal and state civil rights laws become LGBT-inclusive – and until marriage equality is extended  throughout Florida – PBCHRC will remain vigilant in its efforts to end discrimination based on sexual orientation, gender identity and gender expression.

PBCHRC was a proud sponsor of the documentary film “Before You Know It” at the Lake Worth Playhouse Stonzek Theatre in June. The movie chronicled the lives of three gay men as they addressed challenges facing them as gay seniors.

Thanks to the work of our LGBT colleagues at Florida Atlantic University, some progress continues to be made on the implementation of a domestic partner health insurance stipend policy. The new policy may be found at www.fau.edu/hr/files/DPHIS_FAU.pdf. However, the current policy continues to exclude employees with working spouses. This discriminatory exclusion often results in higher out-of-pocket expenses for gay and lesbian couples, as the cost for maintaining separate health insurance policies for each spouse is generally higher than a single family policy.

The Council's current projects include persuading:
  • The City of Boca Raton to rescind Ordinance No. 5161;
  •  The City of Riviera Beach to amend its nondiscrimination policies and ordinances to include “sexual orientation” and “gender identity or expression.”
  • Florida Atlantic University to amend its anti-discrimination and anti-harassment policy to include “gender identity or expression” and to eliminate the discriminatory provisions in the school’s domestic partnership health insurance policy.
  • The Chief Judge of Florida's 15th Judicial Circuit in and for Palm Beach County to include sexual orientation, gender identity and gender expression in mandatory diversity training for judges and court personnel.
  • All public employers within Palm Beach County to: (a) adopt policies which specifically prohibit discrimination based on "sexual orientation" and "gender identity and expression”; and (b) provide the same employment benefits to families based on domestic partnerships or out-of-state same-sex marriages as are provided to families based on legally recognized marriages.
  • All public employers within Palm Beach County offering domestic partners health insurance to provide annual payments to offset – or fully reimburse – the additional federal taxes assessed on the value of those payments.
In keeping with PBCHRC’s commitment to promoting equality through education, advocacy, direct action, impact litigation and community outreach, PBCHRC Board Member Hutch Floyd and I will be participating in November in the 2014 Out & Equal Workplace Summit in San Francisco. The following month, PBCHRC Vice Chair Jess Blackman, Secretary Rae Franks and Litigation Chair Trent Steele will be participating in Lavender Law, the National LGBT Bar Association Conference in New York. While in New York, Trent will also be participating in the Family Law
Institute.

These conferences bring together the best and brightest legals minds in the country, and PBCHRC is proud to continue its relationship these incredible legal organizations.

Finally, PBCHRC Treasurer Dan Hall and I were proud to represent the Council at President Obama’s LGBT Pride Month Reception at the White House on June 30. We were also pleased to attend a policy briefing on LGBT issues at the White House prior to the reception with the President and First Lady.

Since 1988, the Palm Beach County Human Rights Council has worked diligently on behalf of the LGBT community. Rest assured, we will continue to do so in 2014 and beyond.

Judge Rand Hoch (retired),
President and Founder


This paid electioneering communication, which is independent of any party, candidate or committee, is produced, sponsored and paid for by the The Palm Beach County Human Rights Council Voters Alliance.

The Palm Beach County Human Rights Council Voters Alliance.
Post Office Box 267
West Palm Beach, Florida 33402
(561) 358-0105

Monday, March 24, 2014

Florida's First Openly-Gay Judge Predicts Marriage Equality Will Be Legal by 2016

http://blogs.browardpalmbeach.com/pulp/2014/03/floridas_first_openly-_gay_jud.php



Welcome to blogs.browardpalmbeach.com

Florida's First Openly-Gay Judge Predicts Marriage Equality Will Be Legal by 2016







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The demonstration, which was spearheaded by Andy Amoroso, the first openly gay city commissioner in Palm Beach County, drew a crowd of over 100 people carrying signs and calling for Florida's legislature to legalize gay marriage in Florida.

"As a lawyer who closely follows this issue in federal courts across America," Hoch said during his speech, "I feel comfortable in predicting that before the end of June, 2016, the U.S. Supreme Court will strike down all laws across the nation which prevent lesbians and gay men from marrying their partners."

Hoch, who practices law and mediates employment disputes, became Florida's first openly gay judge when he was appointed Judge of Compensation Claims in 1992 by then-Governor Lawton Chiles. He served until his term ended in 1996.

In 1988, Hoch founded the Palm Beach County Human Rights Council, and has served as the group's president since 2006.

During his speech, Hoch also praised Palm Beach County citizens' pro marriage-equality stance.
"More than a quarter of a million people in Palm Beach County voted against enshrining anti-LGBT discrimination in our state constitution," he said. "Locally we had the votes to kill the marriage ban."

The rally, which was held at Lake Worth City Hall, was organized with the help of local advocates as well as political representatives who sponsored or endorsed the demonstration. Sen. Bill Nelson has endorsed the demonstration, as have Sens. Jeff Clemens and Patrick Murphy. Congressman Ted Deutsch is also among those who have endorsed the rally.

The demonstration offered poster boards for gay married couples to make signs showing where they got married and how much they ended up spending for their out-of-state weddings.

"On a financial level, people are spending millions of dollars to get married," Amoroso told New Times last week. "But because of Florida's laws, gay and lesbian couples are being forced to fly to other destinations to get married."

In his speech at the top of the City Hall steps, Hoch called a reversal of Florida's ban on gay marriage "inevitable."

"Sooner or later, the courts here in Florida will declare that the ban against lesbian and gay marriages is unconstitutional, as the ban violates both the equal protection clause and the due process clause of the 14th Amendment to the United States Constitution."






Friday, March 14, 2014

PBCHRC Post Election Update - March 2014

 
MESSAGE FROM PBCHRC'S PRESIDENT & FOUNDER


Since 1988, the Palm Beach County Human Rights Council's activists - all volunteers - have been interviewing candidates for public office, making endorsements, educating public officials and taking action with the sole purpose of changing laws and policies to provide equal treatment and equal benefits for the local LGBT community.

Rand Photo 2013 Thanks to the voter identification, early voting, absentee ballot and get out the vote campaigns conducted this winter by the Palm Beach County Human Rights Council Voters Alliance, members of Palm Beach County's LGBT community, and our allies turned out in record numbers for the 2014 municipal elections in Boca Raton and Palm Beach Gardens.

Our efforts were instrumental in the re-election of Palm Beach Gardens City Council Members Eric Jablin and Marcie Tinsley, both longtime supporters of LGBT rights. The two incumbents have 100% voting records on LGBT issues, and, in 2013, both voted to offer domestic partner health insurance benefits to city employees. Both Jablin and Tinsley were challenged by well funded opponents and turnout in the March election was unusually strong. (While only 11% of Palm Beach Gardens voters turned out in the 2013 municipal elections, this year turnout reached close to 19%.) Thanks to your efforts, the two candidates who were endorsed by the Palm Beach County Human Rights Council Voters Alliance were re-elected.

In the Boca Raton municipal election, Deputy Mayor Susan Haynie, who voted in favor of offering domestic partnership benefits to city employees in 2013, defeated City Council Member Anthony Majhes, the sole vote against domestic partnership benefits.  City Council Member Michael Mullaugh, who also supported PBCHRC's initiatives in 2013, was also re-elected. Additionally, longtime PBCHRC supporter Robert Weinroth was elected to serve on the Boca Raton City Council.

Working to elect LGBT supportive public officials has resulted in the enactment of more than 65local laws and policies which now provide Palm Beach County's LGBT residents and visitors with equal protection and equal family benefits.

Earlier this year, Clerk and Comptroller for Palm Beach County Sharon Bock implemented a tax equity reimbursement policy to reimburse employees insuring their domestic partners for the full amount of the additional federal income taxes which are assessed on employees whose domestic partners receive health insurance through their employers. Currently, the clerk, along with the Palm Beach County Property Appraiser, the Constitutional Tax Collector for Palm Beach County, the City of West Palm Beach and Palm Beach County all provide tax equity for their employees with domestic partners. As a result of PBCHRC's efforts, more public employers provide tax equity in our county than in any other state in our nation.

Until all federal and state civil rights laws become LGBT inclusive - and until marriage equality reaches Florida - PBCHRC will remain vigilant in our efforts to ending discrimination based on sexual orientation, gender identity and gender expression.

The Council's current projects include persuading:

●     The City of Boca Raton to rescind Ordinance No. 5161; 
 
●     The Chief Judge of Florida's 15th Judicial Circuit in and for Palm Beach County to include sexual orientation, gender identity and gender expression in mandatory diversity training for judges and court personnel; 
 
●     All public employers within Palm Beach County to: (a) adopt policies which specifically prohibit discrimination based on "sexual orientation" and "gender identity and expression" and (b) provide the same employment benefits to families based on domestic partnerships as are provided to families based on legally recognized marriages; and 
 
●  All public employers within Palm Beach County providing domestic partners health insurance to provide annual payments to offset (or fully reimburse) the additional federal taxes assessed on the value of those payments.

In keeping with PBCHRC's commitment to promoting equality through education, advocacy, direct action, impact litigation, and community outreach, PBCHRC will be cosponsoring the Gay and Lesbian Lawyers Network annual event in Fort Lauderdale. In addition, this December, three PBCHRC Board Members,  Vice Chair Jess Blackman, Secretary Rae Franks, and Litigation Chair Trent Steele, will be participating in Lavender Law, the National LGBT Bar Association Conference in New York. This conference brings together the best and brightest legals minds in the country and PBCHRC is proud to continue its relationship these incredible legal organizations.

Since 1988, the Palm Beach County Human Rights Council has worked diligently on behalf of the LGBT community. Rest assured we will continue to do so in 2014 - and beyond.

Judge Rand Hoch (retired)
President and Founder 

Palm Beach Gardens same-sex couple, ACLU sue state for recognition


Thursday, March 13, 2014 
By John Lantigua - Palm Beach Post Staff Writer 

Eight same-sex couples married in other states - including a couple from Palm Beach County - have sued the state of Florida, insisting their marriages be recognized here and that they qualify for public benefits and protections enjoyed by heterosexual married couples.

The lead plaintiffs in the complaint are Sloan Grimsley, 40, a firefighter and paramedic with Palm Beach Gardens Fire Rescue, and her wife, Joyce Albu, 48, a consultant to parents who have children with developmental disorders. They live in Palm Beach Gardens and have four children, ages 23 to 2.

Eva Rose Grimsley, 5, (left) held by mom Joyce Albu and Ella Grimsley, 2, (right) held by mom Sloan Grimsley. Albu and Grimsley are part of an ACLU suit in Florida. (Photo provided by Sloan Grimsley)
   
They were married in New York City in August 2011, but Florida, which does not allow same sex marriages, does not recognize their out of state marriage as legal.

"I'm proud of the work I do protecting my community, but the law in Florida doesn't let me protect my own family," Grimsley said.

Albu explained that under Florida law she is not recognized as Grimsley's spouse so would not be eligible for spousal benefits if Grimsley were badly injured or killed.

"If something were to happen to Sloan in the line duty, I would be left to raise our kids without any benefits whatsoever," Albu said.

The lawsuit was filed Wednesday night in U.S. District Court in Tallahassee by the American Civil Liberties Union, which represents the eights couples and also the SAVE Foundation, the South Florida gay and lesbian rights organization. It was announced Thursday at a news conference in Miami Beach
   
"There is no rational reason for the discrimination that Florida inflicts on married couples in Florida who have been married elsewhere, other states and other countries, other than to harm families and their children," said Howard Simon, executive director of the ACLU of Florida.


Simon said the ACLU is "seeking an America in which lesbian, gay, bisexual and transgender people people can live ... free of discrimination, in which their families can be respected and in which they are not subject to discrimination in the work place or public accommodations."

Gov. Rick Scott, a Republican, issued a statement, saying he supports Florida's constitutional amendment defining marriage as between a man and a woman, but added that he "does not believe that anyone should be discriminated against for any reason." The statement stopped short of endorsing the ACLU lawsuit, however.

ACLU staff attorney Daniel Tilley laid out the legal claims made in the complaint, based on the fact that while Florida recognizes the marriages of heterosexual couples performed in other states, it won't do the same for gay and lesbian couples.
"The state of Florida's refusal to recognize the marriages of same sex couples is unconstitutional under both the due process and equal protection clauses of the U.S. Constitution," he said.

"The eight couples in this lawsuit and countless married couples in Florida want the same things in life you and I want," Tilley said. "These couples love one another, they are devoted to one another, they share life's ups downs, its joys and sorrows. Just like anyone else, they want to make sure their families are protected."

The lawsuit is one of many filed across the nation since June when the Defense of Marriage Act,which barred the federal government from recognizing same sex marriages, was ruled unconstitutional. Last month a federal judge in Kentucky ordered state officials to recognize same sex marriages performed in other states.

In January, the advocacy group Equality Florida, representing six same-sex couples, filed a lawsuit against the Miami-Dade County Clerk Harvey Ruvin after his office refused to issue them marriage licenses, citing state law. The lawsuit is pending. Florida made marriage exclusive to heterosexual couples by an amendment to the Florida Constitution in 2008, with 62 percent of voters supporting it. Critics of the law say public attitudes toward same sex marriage have changed markedly since then.

The lawsuit charges not only that same sex spouses are denied benefits in the case of serious injury or death of a husband or wife but that they are also forced to testify against a spouse in court, while heterosexual spouses are not; are denied rights to make health care decisions for a spouse who is incapacitated; do not automatically share in their spouse's estate if that spouse dies without a will; and is not entitled to an equitable sharing of property if the marriage ends in divorce.

Seven of the couples suing the state are from South Florida and one from Pensacola. Among them are Chuck Hunziker, 81, and Bob Collier, 79 of Fort Lauderdale. Hunziker served in the Navy during the Korean war. Collier reached the rank of captain in the Army and served during the Vietnam War era. According to the lawsuit, they have been together for 50 years.

Albu has one natural son, Connor, 18; one son she adopted before she met Grimsley, Nick, 23; and two children they have adopted together; Ava, 5, and Ella, 2.

"Having to explain to my older children why the state of Florida doesn't recognize our marriage was difficult enough," Albu said. "It's the sort of thing that makes kids feel insecure. I don't want to have to go through the same thing with the younger two."

The Associated Press contributed to this story.

Monday, January 27, 2014

Palm Beach County Clerk Sharon Bock providing 'tax equity' for unmarried employees

  • Palm Beach County Clerk and Comptroller Sharon Bock plans to start reimbursing unmarried employees who face higher federal taxes for the county health benefits they receive for their domestic partners.
            Palm Beach County Clerk and Comptroller Sharon Bock

January 22, 2014
By Andy Reid, Sun Sentinel



Palm Beach County Clerk and Comptroller Sharon Bock has enacted a new “tax equity” policy aimed at preventing gay, lesbian and other unmarried employees from facing a federal tax penalty on health insurance for their partners.

The change in policy reimburses unmarried employees with registered domestic partners for the additional federal income taxes they have to pay when accepting county health benefits for their partners.

The federal government doesn’t equate an unmarried domestic partner to a spouse and as a result clerk employees whose unmarried domestic partners get county-provided health benefits face paying taxes on those benefits.

“This is a fairness issue,” Bock said. “I want to ensure our employees are treated equally. That means employees with domestic partners should not have to pay more for their insurance coverage than their married colleagues who cover their spouses’ health insurance.”

Other branches of county government, including the Property Appraiser’s Office, Tax Collector’s Office and County Commission-controlled departments have also enacted tax equity policies.

Domestic partnership registries are aimed at establishing rights and financial benefits for couples that are either not allowed to marry or choose not to get married. Domestic partnerships can be established by both same-sex and opposite-sex couples.

The Clerk’s office has been offering domestic partner benefits to employees since 2004.

The Palm Beach County Human Rights Council for years has pushed for more domestic partnership benefits and for ending discrimination based on sexual orientation, gender identity and gender expression.

“It is encouraging that once again, a Palm Beach County constitutional officer has taken steps to ensure that her employees with domestic partners receive equal take-home pay for equal work,” Council President Rand Hoch said.