PBCHRC

West Palm Beach Housing Authority amends Equal Employment Policy to include gender identity and gender expression

2012-01-27T07:43:00.000-08:00

January 27, 2012

At the request of the Palm Beach County Human Rights Council, the West Palm Beach Housing Authority has amended its Equal Employment Policy to include both gender identity and gender expression.

The new policy now reads: The Authority maintains a policy of non-discrimination with employees and applicants for employment. Open positions will be filled by the best qualified applicant without regard to race, color, religion, sex, age, national origin, veteran status, marital status, sexual orientation, political belief, gender identity, gender expression or mental or physical disability (if such disability does not unreasonably interfere with the abilities of the employee to perform the work required).

Palm Beach County broadens commercial non-discrimination policy to include "gender identity or expression"

2012-01-27T07:37:00.001-08:00

January 25, 2011

(West Palm Beach Beach) By a 6-1 vote, the Palm Beach County Board of County Commissioners amended its Nondiscrimination in Contracting Policy on Tuesday, prohibiting the County from doing business with, or appropriating funds to, public and private organizations which practice discrimination based on "gender identity or expression."

The policy now covers race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, gender identity or expression or disability.

Commissioner Steven Abrams of Boca Raton cast the only "no" vote, stating that the new standards could have a negative impact on the number of businesses bidding on county projects.

Abrams, a Republican, expressed concern that the new policy could lead to less competition and higher prices for taxpayers.

"Commissioner Abrams' concern is unfounded," said Rand Hoch, a retired judge who serves as President of the Palm Beach County Human Rights Council. The Council is a local nonprofit organization is dedicated to ending discrimination based on sexual orientation, gender identity and gender expression.

"The Palm Beach County School District's Commercial Non-Discrimination Policy includes sexual orientation, gender identity and gender expression," said Hoch. "Commissioner Abrams cannot point to one company that has stopped bidding for work on our schools because of that policy."

In response to Abrams' concern that the policy could lead to additional litigation, Hoch replied, "Palm Beach County law already prohibits employment discrimination based on gender identity or expression. The new policy will not give rise to any new cause of action."

The Council commended the County Commissioners for taking a proactive stand against discrimination.

City of Delray Beach Expands Domestic Partnership Benefits

2012-01-20T11:59:00.000-08:00

(Delray Beach, Florida) The Delray Beach City Commission voted unanimously on Tuesday to amend the City's Family and Medical Leave Policy to allow city employees to use family and medical leave to care for their domestic partners in the same manner married employees may use it to care for their spouses.

The action was taken at the request of the Palm Beach County Human Rights Council, which has been working with the city on domestic partnership issues since 2006.

The Palm Beach County Human Rights Council has been the leading advocate for domestic partner benefits in Florida since 1992, when theCity of West Palm Beach became Florida's first public employer to provide domestic partnership benefits.

"With this action, the City of Delray Beach now offers employees with domestic partners virtually all of the same family benefits it provides to married employees," said Human Rights Council President Rand Hoch, "The pro-family domestic partnership policies in Delray Beach are among the most progressive in the State of Florida."

More public employers in Palm Beach County provide domestic partnership benefits than in any of Florida's other sixty-six counties.

In Palm Beach County, public employers that provide domestic partnership health insurance and other benefits include Palm Beach County, the School District of Palm Beach County, Palm Beach State College, the Palm Beach County Sheriff's Office, the Office of the Clerk and Comptroller, the Office of the Tax Collector, the Office of the Property Appraiser, the Office of the Supervisor of Elections, the Port of Palm Beach, the Solid Waste Authority, Palm Tran, Palm Beach County Children's Services Council, the Palm Beach County Health Care District, Seacoast Utility Authority, as well as the cities of Delray Beach, Lake Worth, and West Palm Beach, the Town of Jupiter and the Village of Wellington.

PBCHRC President's Message - January 2012

2012-01-03T08:36:00.001-08:00

January 2012

While Florida has the third largest LGBT population of any state in the union (following California and New York), our state lacks any statewide laws offering protections to lesbian, gay, bisexual and transgender residents regarding employment, housing and public accommodations. Florida also lacks any statewide law protecting LGBT students from bullying and harassment. Moreover, Florida’s constitution and statutes prohibit lesbians and gay men from marrying their partners.

However, thanks to the efforts of the all-volunteer Board of Directors of the Palm Beach County Human Rights Council over the past twenty-four years, more than sixty local laws and policies now provide Palm Beach County’s LGBT residents (and visitors) with both equal protection and equal family benefits.

Both Palm Beach County’s Equal Employment Ordinance and Fair Housing Ordinance prohibit discrimination based on both “sexual orientation” and “gender identity or expression.” The Cities of West Palm Beach and Lake Worth have also enacted citywide ordinances prohibiting discrimination based on both “sexual orientation” and “gender identity or expression”.

Other local public employers that have enacted ordinances, collective bargaining agreements, and policies prohibiting discrimination based on both “sexual orientation” and/or “gender identity or expression” for their employees include the City of Atlantis, the City of Belle Glade, the City of Boynton Beach, the City of Delray Beach, the City of Greenacres, the City of Pahokee, the City of Palm Beach Gardens, the City of South Bay, the Town of Haverhill, the Town of Hypoluxo, the Town of Juno Beach, the Town of Jupiter, the Town of Lake Park, the Town of Manalapan, the Town of Palm Beach, the Town of Palm Beach Shores, the Village of Royal Palm Beach, the Village of Tequesta, the Village of Wellington, the School District of Palm Beach County, Palm Beach State College, Florida Atlantic University, the Port of Palm Beach, the Health Care District of Palm Beach County, the Office of the Tax Collector, the Palm Beach County Property Appraiser, the Office of the Supervisor of Elections, the Office of the Public Defender, the Office of the State Attorney, the Palm Beach County Sheriffs' Office, the Office of the Clerk and Comptroller, Seacoast Utility Authority, the Solid Waste Authority, Palm Tran and the Palm Beach County Children's Services Council.

Both the City of West Palm Beach and Palm Beach County have domestic partnership registries that provide limited “spousal” benefits for lesbian and gay couples who have registered as domestic partners (or who have been married or entered into a civil union anywhere in the world).

In 1992, the City of West Palm Beach became the first public employer in Florida to offer domestic partnership benefits to its employees. Other public employers in Palm Beach County that now offer family health insurance coverage and other family benefits for employees with domestic partners include (in chronological order): the Palm Beach County Sheriffs' Office, the Office of the Clerk and Comptroller, the Port of Palm Beach, the City of Lake Worth, the Palm Beach County Property Appraiser, Palm Beach County, the School District of Palm Beach County, the Office of the Supervisor of Elections, the Office of the Tax Collector, the City of Delray Beach, the Solid Waste Authority, Palm Tran, the Town of Jupiter, the Health Care District of Palm Beach County, Palm Beach State College, the Palm Beach County Children's Services Council and Seacoast Utility Authority.

In recent years, the Palm Beach County Human Rights Council has focused on family issues, working with public employers to ensure that employees could use family medical leave to care for their domestic partners in the same manner as other employees could use it to care for their spouses. The following public employers enacted inclusive family medical leave policies in 2011: the School District of Palm Beach County, the Office of the State Attorney, the Office of the Public Defender, the City of West Palm Beach, the City of Lake Worth and the Village of Wellington.

While Palm Beach County, the City of Delray Beach, Sheriff Ric Bradshaw, and Clerk & Comptroller Sharon Bock informed the Council last Spring that they will update their family and medical leave policies to include domestic partners, to date they have not revised their policies. However, the Palm Beach County Human Rights Council expects these changes to be made in early 2012.

With virtually no hope of progress on the statewide (or federal level) for LGBT-inclusive nondiscrimination laws and equal benefit policies for LGBT families, much work remains to be done on the local level.

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 2012 – and beyond.

Rand Hoch,

President and Founder

Village of Wellington Extends Domestic Partnership Benefits

2011-12-26T12:41:00.000-08:00

The Wellington Village Council has completed a comprehensive policy revision to include registered domestic partners of Village employees as family members.

The action was taken at the request of the Palm Beach County Human Rights Council, which has been working with the Village on domestic partnership issues for the past year. The Palm Beach County Human Rights Council has been the leading advocate for domestic partner benefits in Florida since 1992, when the City of West Palm Beach became Florida's first public employer to provide domestic partnership benefits.

Domestic partners of Village employees and their children are now eligible for the same health, dental, vision and supplemental dependent life insurance coverage as employees' spouses and their children. In addition, Village employees may now take extended medical leave to care for their domestic partners and may utilize bereavement leave to grieve for an employee's domestic partner, as well as the partner's children, parents, siblings and grandparents.

"When we met with Wellington Mayor Darell Bowen at last year's gay polo tournament, the mayor emphasized the importance of developing a very inclusive domestic partnership policy," said Rand Hoch, President of the Palm Beach County Human Rights Human Rights Council. "As a result, Village Manager Paul Schofield and his staff developed a pro-family domestic partnership policy which is possibly the most inclusive in Florida."

Each year, the Village of Wellington plays host to the Gay Polo League's international tournament. This year's tournament will be held on Saturday, April 14 at Wellington's Grand Champions Polo Club.

"The Gay Polo League facilitated the Palm Beach County Human Rights Council's efforts to urge the Village to extend domestic partnership benefits," said Hoch. "Last year, the Gay Polo League was instrumental in having Wellington include both 'sexual orientation' and 'gender identity or expression' in the Village's nondiscrimination policies."

Wellington is recognized as the winter equestrian capital of the world and in 2010 was named one of the "Top 100 Best Places to Live" by Money Magazine.

More public employers in Palm Beach County provide domestic partnership benefits than in any of Florida's other sixty-six counties.

"Hopefully other public employers in Florida will soon follow Wellington's lead," said Hoch.

Palm Beach County Human Rights Council: President's Message - July, 2011

2011-07-23T09:09:00.000-07:00

As a presidential candidate, Barack Obama repeatedly said "everyone should get a seat at the table, but no one should be able to buy up all the seats."

Last week the Palm Beach County Human Rights Council got our seat at the table, through an invitation to participate the Florida Community Leaders Briefing at the White House. I must admit, it felt pretty good.

When the invitation to the White House was extended last month, I asked if we were being invited to the President’s annual Gay Pride Reception on June 29. I was told that while the reception is a social event, the Community Leaders Briefing was a working meeting.

The briefing was in keeping with a pledge made by the President in his Inaugural Address, when he told America that his “commitment to openness means more than simply informing the American people about how decisions are made. It means recognizing that government does not have all the answers, and that public officials need to draw on what citizens know."

At the President’s request, the White House Office of Public Engagement identified 150 activists representing a variety of local constituencies throughout Florida. We were being invited not only to be briefed by senior administration officials on a variety of national issues, but also to let administration officials know what we were doing on the local level.

The night before the Community Leaders Briefing, our favorite Congressman – Ted Deutch – co-hosted a reception for us at the U.S. Capital along with Congresswoman (and Democratic National Committee Chair) Debbie Wasserman Schultz. U.S. Senator Bill Nelson came by to say a few words.

Looking around the room, I saw Blacks, Whites, Hispanics, Latinos, Asians and Carribean Islanders. (If there was a Native American there, I missed her). I met people from South Florida, the Panhandle, Tampa Bay, Central Florida, Jacksonville, St. Augustine, Gainesville and Tallahassee. There were teachers, students, lawyers, union members and health care workers. Talking to people that night, I learned we were advocates for children, seniors, working people, the unemployed, retirees, people with disabilities, immigrants, the LGBT community, women and men. Our group was a virtual cross section of Floridians – and we were all working hard to improve life for our constituents.

At the reception I spent time catching up with other LGBT activists including Joe Falk, Chairman of SaveDade (www.savedade.org) and Alan Clendenin, a National Democratic Committeeman and the Hillsborough County State Democratic Committeeman.

The White House Office of Public Engagement easily filled our day for the Community Leaders Briefing. Throughout the day there were briefings from administration officials from the Department of Commerce, Department of Health and Human Services, the Department of Education, the Department of Energy, the Environmental Protection Agency, the Council on Environmental Quality, the Small Business Administration and NASA.

I was particularly looking forward to hearing from Valerie Jarrett, Senior Advisor and Assistant to the President. The President had been spending day after day with Congressional leaders working on the debt ceiling negotiations, and I was curious to learn from an insider how things were going.

Unfortunately, she only spoke for a few minutes. Fortunately, she kept her comments very brief so she could introduce “a very special guest” – President Obama.

Needless to say, our group rose to our feet, applauded, and cheered. Frankly, I thought the President probably needed a break from the budget negotiations, and he started his talk by letting us know just how happy he was to take that break.

While he only spent five to ten minutes with us, he spent the bulk of the time thanking us for our activism and our dedication to the people we work for. He strongly encouraged us to keep engaged with the White House.

To see what the Obama Administration is working on for the LGBT community, please check out: www.whitehouse.gov/lgbt.

Back at home, there was a great decision from the Circuit Court which confirmed what the Palm Beach County Human Rights Council has been telling public employers in Palm Beach County for many years: the County’s Equal Employment Ordinance (which prohibits discrimination in employment, housing and public accommodations based on sexual orientation, gender identity and gender expression) has jurisdiction over all public employers in Palm Breach County with fifteen or more employees – except for the City of West Palm Beach. (West Palm Beach has its own Equal Employment Ordinance which includes sexual orientation, gender identity and gender expression)

Over the years, the School District, Florida Atlantic University, some of our constitutional officers and some municipalities have claimed they were exempt from the County ordinance. With the Circuit Court ruling, they no longer can effectively claim this defense!

The Palm Beach County Human Rights Council continues our work on family issues, particularly our effrots to ensure that gay and lesbian employees in domestic partnerships have the same rights to use family and medical leave as non-gay married employees.

As reported previously, so far this year, the City of West Palm Beach, the Office of the State Attorney and the Office of the Public Defender have all updated their family and medical leave policies to include employees with domestic partners. (The County’s Supervisor of Elections, Tax Collector and Property Appraiser have provided this benefit to their lesbian and gay employees for several years).

In early May, the Palm Beach County Board of County Commissioners voted unanimously to update the County's Family and Medical Leave Policy to include families based on domestic partnerships. Within days, both Sheriff Ric Bradshaw Clerk & Comptroller Sharon Bock informed the Council that they will do the same.

We continue to work with the Palm Beach County School Board and the Cities of Lake Worth and Delray Beach on family and medical leave and we are very optimistic that all three will update their policies in the near future.

Speaking of Lake Worth, congratulations go out to newly-elected Mayor Rachel Waterman, who was elected by a wide margin. Mayor Waterman was endorsed by the Palm Beach County Human Rights Council Voters Alliance.

The Council’s newest board member, Peter Cava, reports that Board of Trustees of Florida Atlantic University will vote in October on adding both ”sexual orientation” and “gender identity or expression” to the school’s non-discrimination policies. Peter is working with a strong coalition of professors, administrators, staff and students who have been working on this issue for well over a decade. It appears that the amendment has the support of FAU President M.J. Saunders. If all goes well the coalition will move forward with their longstanding campaign for domestic partnership benefits for FAU employees.

On the subject of domestic partnership benefits, Board Member W. Trent Steele continues to lead the Council's efforts to urge the Town of Palm Beach to provide domestic partnership benefits to Town employees. To read Trent’s recent Op-Ed piece in the Palm Beach Daily News, go to: www.palmbeachdailynews.com/news/town-of-palm-beach-should-recognize-domestic-partners-1533924.html.

The Council also continues to work with the City of Palm Beach Gardens on adding “gender identity or expression” to the city’s non-discrimination policies.

Greenacres City Council Member Paula Bousquet contacted the Council concerning updating that City’s non-discrimination policies to include both ”sexual orientation” and “gender identity or expression”. PBCHRC Board Member Hutch Floyd will be working with her on this project.

PBCHRC Board Member Jessica Blackman continues her work with the Village of North Palm Beach, urging Village Council Members to adopt pro-LGBT policies for Village employees.

Kudos go out to Fort Lauderdale attorney Miriam Richter for her success in getting the Fort Lauderdale City Commission to finally take steps to move forward on domestic partner benefits. The Council was happy to help out with some of the research.

Our expansion into the social media has been a great success. Throughout the day, local, state, national and international news of interest to the LGBT community is posted on the Council's Facebook page (PBCHRC). According to Facebook, our postings are viewed more than 235,000 times per month! In addition, PBCHRC maintains a blog which can be viewed at pbchrc.blogspot.com.

Please help us extend our reach -- and help your Facebook friends keep up with LGBT news, etc. -- by going to the PBCHRC Facebook page and hitting the "Invite Friends" button on the right. This will help us out greatly.

As you can tell, there is a lot of work being done by the Palm Beach County Human Rights Council – and there is even more that needs to be done.

As always, we will keep you informed of our progress.

Rand Hoch,
President and Founder

PALM BEACH COUNTY EXPANDS BENEFITS FOR NONTRADITIONAL FAMILIES

2011-05-03T09:37:00.000-07:00

OUT IN AMERICA

(West Palm Beach, Florida) The Palm Beach County Board of County Commissioners directed county staff this morning to update the County's Merit System Rules and Regulations to allow County employees with domestic partners to take the same family and medical leave granted to married employees under federal law.

County Commissioner Paulette Burdick, a longtime proponent of equal rights for the county's gay and lesbian community, proposed the change in response to a request by the Palm Beach County Human Rights Council, a local nonprofit organization dedicated to ending discrimination based on sexual orientation, gender identity and gender expression.

The Council has been the leading advocate in Florida for domestic partnership since 1992, when the City of West Palm Beach became the state's first public employer to provide basic domestic partnership benefits.

The existing county regulations are based on the federal Family and Medical Leave Act (FMLA), which allows married employees to take up to 12 weeks unpaid, job-protected leave to care for spouses with medical issues.

"When it comes to so many aspects of the law, Congress refuses to enact laws recognizing that gay men and lesbians form families," said Palm Beach County Human Rights Council President Rand Hoch. "And that is not going to change any time soon."

Since the federal law does not recognize nontraditional families, employees in domestic partnerships – including gay and lesbian employees – are limited to no more than 13 days pursuant to the county's sick leave policy.

"That's not fair," Hoch told the county commissioners. "It's hypocritical. It's discriminatory."

County Commissioners agreed, and unanimously voted to equalize the family and medical leave benefits.

"Palm Beach County government employs many gay and lesbian employees in committed family relationships. Unfortunately, the State of Florida and the federal government do not recognize these relationships," said Burdick. "Under the new county policy, all county employees will have the same family leave benefits. In Palm Beach County we will not tolerate discrimination."

According to county staff, 53 Palm Beach County employees have registered domestic partners.

Across Florida, 58 public employers – 17 of which are located in Palm Beach County – have policies offering domestic partnership benefits to their employees.

"Perhaps one day, the state of Florida and the federal government will end their discrimination against non-traditional families," said Hoch. "Until that day comes, it is incumbent upon county and municipal officials to take action to protect all families." [5/3/11]

http://outinwestpalmbeach.com/home/news.asp?articleID=34989&star=5#

PBCHRC Update - April 2011

2011-04-12T20:20:00.000-07:00

With municipal elections finally behind us, the Palm Beach County Human Rights Council is again focusing our efforts on encouraging local public officials to enact laws and policies beneficial to our county’s lesbian, gay, bisexual and transgender residents.

The Council is proud of the relationships we have developed with both elected and appointed officials over the past 23 years. As a result of our work, public employers in Palm Beach County have enacted far more pro-LGBT ordinances and policies than currently exist anywhere else in the Sunshine State.

Our top priority for 2011 is to ensure that local public policy is changed so that all of the family benefits which are provided to non-gay employees are also provided to gay and lesbian employees. To move forward with this agenda, the Palm Beach County Human Rights Council leaders have recently been spending a lot of time with public officials.

For years, PrideFest has given everyone in our community the opportunity to meet with LGBT supportive public officials – and this year was no exception.

Cloud Lake Mayor Betty James, an open lesbian, proudly marched in the Gay Pride Parade.

Outgoing West Palm Beach Mayor Lois Frankel – Florida’s most prolific elected advocate for the LGBT and HIV/AIDS communities – spent one afternoon chatting with PrideFest attendees. Everyone was eager to thank Lois for her tireless support of Palm Beach County’s LGBT community for more than 25 years.

Every member of the Lake Worth City Commission spent time at PrideFest – and Mayor Rene' Varela even brought his mother!

Tax Collector – and former Palm Beach County Human Rights Council Board Member – Anne Gannon caught up with old friends – and made new ones – as she made her way around Bryant Park.

The Council greatly appreciates the effort put in at PrideFest by Council Board Members Hutch Floyd, Rae Franks, Trent Steele and Jessica Blackman – and a host of PBCHRC volunteers – for staffing our booth and helping us promote both our organization and our newest partner – the Gay Polo League.

Congratulation to COMPASS for producing the best PrideFest and Gay Pride Parade in Palm Beach County history.

A few days after PrideFest, Council board members were honored to attend the inauguration of West Palm Beach Mayor Jeri Muoio. Her strong advocacy for LGBT residents and our families ensures that West Palm Beach will remain Florida’s most LGBT-supportive city.

At the inaugural reception, Council leaders spent time with Delray Beach Mayor “Woodie” McDuffie and with newly-elected West Palm Beach City Commissioners Keith James. Keeping on point in both conversations, we addressed allowing municipal employees to use family and medical leave to care for their domestic partners – a key Council initiative. Both elected officials expressed their strong support for our endeavors.

At the Gay Polo League’s 2nd annual International Gay Polo Tournament the following weekend, I spent time with Wellington Mayor Darrell Bowen, talking about the next steps that need to be taken to implement domestic partner benefits for the employees of the Village of Wellington.

Gay polo was fantastic – and more than a dozen tailgate parties added to the event’s success. Council Board Member Jamie Foreman did an excellent job with the PBCHRC tailgate party – and we thank everyone who stopped by.

The Council is very grateful that the Gay Polo League designated our organization as the charitable beneficiary of the tournament. Thanks go out to Mason Phelps – and everyone at Phelps Media Group – for bringing the event to Wellington and for making it such a success.

Special thanks go out to Chip McKenney, founder of the Gay Polo League, for his recognition of the Council’s successful efforts in encouraging the Village of Wellington to adopt an LGBT inclusive non-discrimination policy.

At the first meeting of the West Palm Beach City Commission presided over by Mayor Muoio, city commissioners unanimously passed a resolution amending the city’’s Family and Medical Leave Policy to allow city employees to use family and medical leave to care for their domestic partners in the same manner as married employees can use it to care for their spouses. With this action, the City of West Palm Beach became the most LGBT-supportive municipality in the southeastern United States. (And you thought it might have been Key West, Miami Beach – or even Lake Worth!).

Way back in 1992, West Palm Beach became the first city in Florida to offer basic domestic partnership benefits (e.g., sick leave, bereavement leave) to city employees.

In the years that followed, West Palm Beach offered health insurance and COBRA-like continuation of health insurance coverage to employee’s domestic partners. In addition, the city extended lifetime health insurance benefits to the surviving domestic partner of any city employee killed in the line of duty. West Palm Beach also updated the definition of "immediate family" in the city's Employee Handbook to include an employee's domestic partner's children and parents.

During the past decade, West Palm Beach established the county’s first domestic partnership registry, through which any qualified unmarried couple could register their relationship with the city clerk. (Soon thereafter Palm Beach County followed suit). As a result, domestic partners are now treated in the same manner as spouses by health-care facilities throughout Palm Beach County with regard to visitation and care decisions. Domestic partners are to be notified as family members in the event of an accident, and in the event of a partner's death, they will be empowered to make funeral decisions.

Additionally, West Palm Beach also has a human rights ordinance which prohibits discrimination based on sexual orientation, as well as gender identity or expression.

The Council truly appreciates how promptly the City Commission acted on our request to expand the city’s Family and Medical Leave Policy. We recognize the great work done by Mayors Muoio and Frankel, City Attorney Claudia McKenna and Assistant City Attorney Joshua Koehler to implement this important change. The Council also thanks City Commissioners Keith James, Kimberly Mitchell, Bill Moss and Ike Robinson for their strong support of the city’s lesbian and gay employees and their families,

A controversy over LGBT issues erupted in Lake Worth between The Cottage (a local bar which conducts a tea-dance every Sunday for the LGBT community) and the City of Lake Worth. At a commission meeting addressing the dispute, City Commissioner JoAnn Golden came out as “a gay woman.” At the end of the meeting, the Lake Worth City Commission unanimously adopted a resolution reaffirming the its commitment to promoting and protecting diversity and equality in Lake Worth.

Following up on the Lake Worth resolution, the Palm Beach County Human Rights Council filed a public records request with Lake Worth City Manager Susan Stanton to determine what city policies – if any – need to be revised to best serve the city’s LGBT employees and residents.

Another public records request was filed with the Village of North Palm Beach by one of the Council’s newly elected Board Members, Jessica Blackman. Once the Council reviews the documents, Jessica will be working with the Villages public officials to see what changes need to be made in Village ordinances and policies.

The Council met with Palm Beach Gardens City Manager Ron Ferris and Director of Human Resources Sheryl Stewart to discuss the possibility of the city expanding the range of domestic partner benefits offered by the city to include both health insurance and family and medical leave . (The City of Palm Beach Gardens already offers all other domestic partner health insurance benefits to its employees). We also discussed adding “gender identity or expression” into the city’s non-discrimination policies.

We continue to urge the members of the Palm Beach County School Board to amend the School District’s Family and Medical Leave policy to include employees’ domestic partners. The Council is very optimistic that the School Board will support the amendment when the item appears on a meeting agenda later this year.

Carey Haughwout, Palm Beach County's Public Defender, notified the Council this week that she has amended her office's policies to allow employees to use family and medical leave benefits to care for their domestic partners. She also informed us that her staff is in the process of updating her office’s nondiscrimination policy to include "gender identity or expression." The Council thanks Public Defender Haughwout for her leadership on LGBT workplace issues.

The Public Defender joins the County’s State Attorney, Supervisor of Elections, Tax Collector and Property Appraiser – all of whom have updated their family and medical leave policies to include domestic partners,

As a result, the sole holdouts on family and medical leave reform among Palm Beach County constitutional officers remain County Clerk and Comptroller Sharon Bock and Sheriff Ric Bradshaw. Although both officials declined to make the changes when asked to do so by the Council earlier this year (and previously in 2008), both Clerk Bock and Sheriff Bradshaw have indicated a willingness to review their policies if the Palm Beach County Board of County Commissioners amends its family and medical leave policy to include domestic partners. The County Commission will take up this matter on May 2 and the Council is optimistic about the outcome.

Delray Beach Mayor “Woodie” McDuffie recently told the Council that he expects to bring up family and medical leave reform in his city within the next few weeks and that he feels comfortable the Delray Beach City Commission will approve the change in the upcoming months.

The Council’s newest board member is Peter Cava, an Adjunct Instructor in Florida Atlantic University’s Women, Gender and Sexuality Studies Program and a Ph.D. candidate at in FAU. Peter will be assisting the Council, as well as FAU faculty, staff and students, in our longstanding coordinated campaign to encourage the university add both "sexual orientation" and "gender identity and expression" to the school's nondiscrimination policies, and to offer health insurance coverage to employee's domestic partners.

On the national front, the Palm Beach County Human Rights Council is urging Congressmen Ted Deutch and Alcee Hastings to co-sponsor six bills of importance to our community:

The Respect for Marriage Act
The Student Non-Discrimination Act of 2011
The Equal Access to COBRA Act of 2011
The Tyler Clementi Higher Education Anti-Harassment Act of 2011
The Uniting American Families Act
The Employment Non-Discrimination Act

While we expect Democratic Congressmen Deutch and Hastings to sponsor all six bills, we have no reason to expect similar support – to say the least – from local Republican Congressmen Tom Rooney or Allan West.

Our expansion into the social media has been a great success. Throughout the day, local, state, national and international news of interest to the GLBT community is posted on the Council's Facebook page (PBCHRC). According to Facebook, our postings are viewed more than 235,000 times per month! In addition, PBCHRC maintains a blog which can be viewed at pbchrc.blogspot.com.

Please help us extend our reach -- and help your Facebook friends keep up with LGBT news, etc. -- by going to the PBCHRC Facebook page and hitting the "Suggest to Friends" button on the right. This will help us out greatly.

The Council continues to assist local organizations and activists across the state in their efforts to secure benefits in their localities. Most recently, we have been assisting activists in Fort Lauderdale in their efforts to convince their city commission to provide domestic partnership benefits to municipal employees.

As you can tell, there is a lot of work being done by the Palm Beach County Human Rights Council – and there is even more that needs to be done.

As always, we will keep you informed of our progress.

Rand Hoch,
President and Founder

Top 10 Things We Wouldn't Know About LGBT America Without the Williams Institute

2011-04-08T15:44:00.000-07:00

1. 9 million LGBT people live in the U.S., or 3.8 % of the adult population

2. LGBT people are racially, ethnically, and geographically diverse: 1 in 4 LGBT people are people of color, and same-sex couples identified themselves on the Census in 99% of U.S. counties

3. A substantial percentage of LGBT people are raising children: 1 in 5 same-sex couples, and 6% of children in foster care are being raised by LGB people

4. LGB people are serving in the Armed Forces: 71,000 are currently serving and there are over 1 million LGB veterans in the U.S.

5. 70,000 same-sex couples have gotten married in the U.S.; another 90,000 have entered civil unions and domestic partnerships

6. The annual divorce rate for same-sex couples and different-sex married couples is similar -- about 2%

7. LGBT people are not more affluent. Gay men earn 10 to 23% less, on average, than heterosexual men. Children of same-sex couples are twice as likely to live in poverty.

8. Rates of hate crimes and employment discrimination against LGBT people are similar or higher than those for other protected groups. Until the Williams Institute, no one analyzed this data on a per capita basis, taking into account the size of the LGBT population.

9. Don't Ask, Don't Tell cost taxpayers as much as $500 million during the length of the policy.

10. If all 50 states and the federal government recognized marriage for same-sex couples, the federal budget would benefit by over $1 billion each year.

Rev. Mark D. Boykin, a Boca Raton anti-gay media hog, calls PBCHRC a "nefarious extremist group"

2011-04-07T13:35:00.000-07:00

Sun Sentinel - Palm Beach Politics

Gay activist hails, religious leader criticizes updated city policy for gay employees

By Anthony Man
April 7, 2011

Rand Hoch, founder of the gay rights group Palm Beach County Human Rights Council, is praising the West Palm Beach City Commission's decision to amend city policy to allow employees with domestic partners the right to use family and medical leave to care for their domestic partners the same way married employees can use it to care for their spouses.

"Perhaps one day, the state of Florida and the federal government will end their discrimination against non-traditional families," Hoch said. "Until that day comes, it is incumbent upon local officials to take action to protect all families."

Before the city policy change, employees were allowed to to take unpaid, job-protected leave to attend to their own serious health conditions, as well as to those of their spouses, children and parents.

"As mayor, I am proud that our lesbian and gay municipal employees are entitled to every family benefit offered by the City of West Palm Beach," Mayor Jeri Muoio said in a statement.

The Rev. Mark D. Boykin, senior pastor of Church of All Nations in Boca Raton, opposed the move.

“We are coming together to defend our family values and the traditions we hold dear in the State of Florida,” said Boykin. “It is sad to see that Mayor Jeri Muoio and the city commissioners capitulating to nefarious extremist groups in order to push a radical agenda. We have so many issues and problems in the City of West Palm Beach, and we need the mayor and city commissioners to focus on solving city issues and not to undermine the fabric of the nuclear family.”

http://weblogs.sun-sentinel.com/news/politics/palm/blog/2011/04/gay_activist_hails_religious_l.html

West Palm becomes first city in county to give family sick leave to domestic partners

2011-04-04T14:09:00.000-07:00

by Andrew Abramson
Palm Beach Post staff writer

April 4, 2011

Jeri Muoio’s first commission meeting as mayor has few items on it, but the commission just passed a piece of legislation that the county’s Human Rights Council is hailing as a major landmark for gay and lesbian rights.

West Palm Beach became the first city in the county to extend family sick leave to domestic partners. Currently, a heterosexual employee can take up to 12 weeks off if his or her spouse or partner has a major illness. In West Palm Beach, that will now be extended to gay and lesbian couples, as well as heterosexual non-married couples who have registered with the city as being domestic partners.

“We’re on mission this year with the Palm Beach County Human Rights Council to address the problems with the family medical leave act,” said Rand Hoch, founder of the human rights council.

“Here in Florida, we know there’s not going to be any action taken by this (state) legislature in the next two years, and even though we have support on the national level from Congressman Deutch and Congressman Hastings, it’s not going to happen on the federal level in the next two years either. That means activist groups here in Palm Beach County and throughout Florida have to work with every single employer so we can educate them in the gap here.”

Hoch said his organization is working with Delray Beach, Wellington and Palm Beach County to pass similar legislation.

“As usual, with West Palm Beach being probably the city south of the Mason-Dixon line and east of the Mississippi that has the most pro-non traditional family policies anywhere in America, we went to the city first on this one.”

West Palm Beach spokesman Chase Scott said it won’t come at a cost to the city. Workers will still have to burn through their vacation and sick time before taking the extended leave, which will be unpaid although the workers will receive benefits during this time. Their jobs will remain open while they are on leave, and they can return at full salary.

While Muoio campaigned on being a champion for gay and lesbian rights, Hoch said it’s more of a coincidence that this item will be passed at Muoio’s first commission meeting as mayor.

“Lois (Frankel) has been working on this and Lois has been great on these issues all along,” Hoch said. “When Jeri first came on board (as commissioner) she was the one who got COBRA benefits extended to domestic partners, which was a similar situation. I thought this would come up as one of Lois’ last hurrahs so to speak, because she’s done so much for the community. But it had to go through the process and it just came out that the date they could put on the calendar was the date of Jeri’s first meeting. We’re thrilled, we would would have been thrilled with Lois, we’re thrilled with Jeri and it really does help us a lot. I think Jeri is pretty proud to be able to do this at her first meeting.”

Currently, 40 West Palm Beach employees are registered as living in a domestic partnership, with the numbers closely split between gay and straight couples. Muoio said West Palm Beach needs to be at the forefront of these issues.

“We are the largest city (in the county) and we have the most employees,” Muoio said. “It’s appropriate that we do this.”

On the federal and state level, many activist groups are working just to get basic health benefits to gay couples. According to Hoch, West Palm Beach was the first city in the state to give health benefits to domestic partners in 1992.

“We’ve been at this for a while,” Hoch said. “Now we’re just picking up the pieces.”

Palm Beach County Human Rights Council Update - March 9, 2011

2011-03-09T13:02:00.000-08:00

March 2011

As expected, the general voter turnout in the March 8 West Palm Beach municipal election was extremely low. While many voters opted to stay home, LGBT voters - and our allies - responded overwhelmingly to the Palm Beach County Human Rights Council Voters Alliance voter identification, voter education, absentee ballot and get-out-the-vote campaigns.

In mid-February, the four candidates for Mayor and three candidates for City Commission attended the Palm Beach County Human Rights Council's "Meet and Greet" at Grandview Gardens Bed & Breakfast. Almost 100 LGBT voters had the opportunity to meet one-on-one with the candidates. Thanks go out to Grandview Gardens' owners Peter and Rick and Council Vice President Deidre Newton for making this event such a great success.

A few days after the "Meet & Greet", the Palm Beach County Human Rights Council Voters Alliance met individually with each of the seven candidates for 20 minutes to discuss issues of concern to the city's LGBT community. Shortly thereafter, the Palm Beach County Human Rights Council Voters Alliance made endorsements based on the organization's criteria:

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 and privacy issues
* How a candidate has supported the Palm Beach County LGBT community

As a result of our efforts, once again voter participation by Palm Beach County Human Rights Council supporters was exceptionally strong and West Palm Beach City Commissioner Jeri Muoio, who was endorsed by the Palm Beach County Human Rights Council Voters Alliance, was successful in her campaign to succeed Lois Frankel as Mayor of West Palm Beach.

Congratulations Jeri!

While neither of the two candidates in the March 22 run-off for West Palm Beach City Commissioner (District 4) was endorsed by the Palm Beach County Human Rights Council Voters Alliance, both are supportive of LGBT issues. We are in the process of determining whether or not to endorse either candidate in the March 22 election.

Special thanks go out to West Palm Beach's outgoing Mayor Lois Frankel for promptly acting on the Council's request to amend city policy to permit municipal employees with domestic partners to take family and medical leave to care for their domestic partners in the same manner married city employees can take leave to care for their spouses.

Mayor Frankel's action on family and medical leave came just days after Michael McAuliffe, State Attorney for the Fifteen Judicial Circuit of Florida, amended his office's policy on family medical leave to include domestic partners. McAuliffe also updated his policies to prohibit harassment based on gender identity and expression.

Thanks also go out to Carey Haughwout, Palm Beach County's Public Defender, who recently informed the Council the she would be amending her office's policies to allow employees to use family and medical leave benefits to care for their domestic partners. She also told us that her office's nondiscrimination policy will be updated to include "gender identity or expression."

The Council is also working on family medical leave reform with the Palm Beach County Board of County Commissioners and looks forward to a vote on this in the near future. If this effort is successful, the Council will then ask the City of Delray Beach to honor a commitment made years ago to update their family medical leave policy accordingly.

Earlier this year, the Council also asked the County's Clerk and Comptroller Sharon Bock and Sheriff Ric Bradshaw to review their policies to allow employees to use family and medical leave to care for their domestic partners. Although both recently declined to make the changes (as they both did when initially asked in 2008), both Clerk Bock and Sheriff Bradshaw have pledged to revisit this issue if the County Commission amends their policy.

Congratulations also go out to State Attorney McAuliffe, along with Assistant State Attorneys Ché Padron and Daniel Funk, and Officer Jennifer Thornton of the Riviera Beach Police Department for their successful efforts in the investigation and prosecution of an anti-gay hate crime in Riviera Beach. Thanks to their efforts, the juvenile assailant - Alvontay Cook - was sentenced to five and one-half years in prison.

In January 2010, Cook and another man started taunting a gay man who was out for a walk in his neighborhood. Although the victim ignored their anti-gay comments, Cook came up from behind him and punched him in the head. His accomplice then held the victim down while Cook repeatedly hit him in the face with a glass bottle until it shattered. Cook then used the broken glass to slash the victim's face. (The severe laceration required hospitalization and reconstructive surgery). Fortunately for the victim, a neighbor came to his rescue, chased Cook and his accomplice away, and treated the victim's wound until the ambulance came. The neighbor then assisted the police in identifying Cook.

On a more positive note, the Council was pleased to participate to participate in Florida Atlantic University LGBTQA Resource Center's grand opening event panel discussion on the "History of Pride." It was a great event and we are very proud of the work done by FAU faculty, administrators, staff and students in making the resource center a reality.

Meanwhile, Allan Barsky, an openly gay professor who has been working for close to a decade on LGBT issues at Florida Atlantic University, met last month with University President M. J. Saunders to discuss adding both "sexual orientation" and "gender identity and expression" to the school's nondiscrimination policies, and to consider offering and health insurance coverage to employee's domestic partners. Allan reports that progress is being made.

Our work with the School District of Palm Beach County is centered on enforcing the LGBT inclusive anti-bullying and harassment policy the Council worked on so diligently in 2007, educating both students and School District employees on GLBT issues, encouraging the establishment of gay student alliances (GSAs), and conforming a variety of nondiscrimination policies so that all will include sexual orientation, gender identity and gender expression. School Board Member Jenny Prior Brown has offered to take the lead in our efforts regarding the policy changes and the Council will be meeting with the other school board members throughout the year as we move forward on these issues.

The Council is also working closely with Palm Beach Gardens Mayor David Levy as we renew our efforts to secure domestic partnership health insurance for the employees of the City of Palm Beach Gardens. The city already provides other domestic partnership benefits to its employees.

The Council's expansion into the social media has been a great success. Throughout the day, local, state, national and international news of interest to the GLBT community is posted on the Council's Facebook page (PBCHRC). According to Facebook, our postings are viewed more than 235,000 times per month! In addition, PBCHRC maintains a blog which can be viewed at pbchrc.blogspot.com.

The Council is pleased to announce the addition to two new members to our Board of Directors, Hutch Floyd of West Palm Beach and Jessica Blackman of North Palm Beach. We hope you will stop by our booth at PrideFest on March 26 and 27 and meet them both.

We also hope to see you on Saturday afternoon, April 2, for the Second Annual International Gay Polo Tournament at the Grand Champions Polo Field in Wellington - and for the after-party as well. You can purchase advance tickets by going to: http://gaypolotournament.blog.com/tickets. Thanks to the generosity of the Gay Polo League, fifty percent of the proceeds from the sale of general admission tickets will be donated to the Council!

The Council continues to work with Wellington officials on our campaign to have the full range of domestic partnership benefits extended to Village employees.

Though our affiliation with Florida Together, the Council will continue to assist other local organizations across the state, so that they may secure the protections and benefits secured by the Council for Palm Beach County's LGBT community for more than two decades.

As always, we will keep you informed of our progress.

Rand Hoch
President and Founder

P.S. If you are on Facebook, please join the more than 1,800 people who "like" PBCHRC. And if you blog, please check us out at: http://pbchrc.blogspot.com.

Congressman Tom Rooney's Letter to a Constituent on Marriage Equaliy

2011-02-28T10:51:00.001-08:00

A PBCHRC supporter sent an e-mail message to Congressman Tom Rooney, asking him to support marriage for all. Here is Rooney's e-mail response:

"Thank you for taking the time to contact me with your views on the legal status of marriage. I appreciate hearing from you and I welcome the opportunity to respond.

I firmly believe traditional marriage should be upheld and defined as a union between one man and one woman. I oppose efforts to redefine marriage, an institution that has endured thousands of years.

Again, thank you for expressing your views on this issue. Please keep me updated on the issues that are important to you. Also, I encourage you to visit my website at http://www.facebook.com/l/ef045/www.rooney.house.gov to sign up for my e-newsletter.

Sincerely,

Thomas J. Rooney
Member of Congress""

Do you know where your Members of Congress stand on these 15 LGBT related bills?

2011-01-25T11:00:00.000-08:00

These are the fifteen House bills PBCHRC will be focusing on in this Congress. Not all have been introduced yet.

Please contact your Congressman or Congresswoman and ask if he or she will support -- or better yet, co-sponsor -- the following bills:

1. Employment Non-Discrimination Act (ENDA) (Rep. Barney FRANK, D-MA) (Outlaws discrimination on SO+GI by govt & private employees, like Title VII of CRA and Gov’t Employees Rights Act do for other group-traits).

2. Freedom from Discrimination in Credit Act (Rep. Steve ISREAL, D-NY2, Frank, Baldwin, Polis) (adds SO+GI to Equal Credit Opport. Act)

3. Fair and Inclusive Housing Rights Act (Rep. NADLER, D-NY8) (adds SO+GI to Fair Housing Act, Title VIII of CRA)

4. Student Non-Discrimination Act (Rep. Jarrod POLIS, D- CO, Frank, Baldwin, Nadler) (end discrimination/harrassment based on SO/GI via federal programs (CRA, Title VI) hook; whistle blower; enforcement provisions; private right of action.

5. Equal Rights for Healthcare Act (Rep. Laura RICHARDSON, D-CA37) (prohbits discrim in fed. health care services/research programs on basis of ‘sex, race, color, nat.origin, so, gi, or disability’)

6. Ending LGBT Health Disparities Act (Rep. Tammy BALDWIN, D-WI12) (pre-existing conditions; fed. Employee DP; Medicaid for HIV; spouse for Medicare; nondis for SO/GI in Medicaid/care, CHIP; grants for SO/GI studies and projects to improve health & mental health for so/gi minorities; ‘culturally competent’ care provisions; office of LGBT health; anti-violence programs/studies; teen pregnancy/stds grants; children of same-sex partners insurance benefits; veterans benefits and DOD programs.) (MOST probably covered by Title VI, CRA; except new programs)

7. Respect for Marriage Act (DOMA Repeal) (Rep. Jerrold NADLER, D-NY8) (repeals DOMA, recognizes valid state marriages)

8. Uniting American Families Act (UAFA) (Rep. Jerrold NADLER, D-NY8;) (provides domestic partnership equivalent for spousal immigration process)

9. Family Medical Leave Inclusion Act (Rep. Carolyn MALONEY, D-NY14) (creates Domestic Partner equivalent provisions)

10. Domestic Partnership Benefits and Obligations (DPBO) Act (Rep. Tammy BALDWIN, D-WI2) (adds annuity/pension benefits for all gov’t employees, except armed services, but including DOD, Coast Guard) (Committee: Homeland Security)

11. Tax Equity for Health Plan Beneficiaries (Rep. James McDERMOTT, D-WA7;) (makes health insurance contributions for any ‘eligible beneficiary’ deductable)

12. Every Child Deserves a Family (ECDF) (Rep. Fortney STARK, D-CA13) (ends discrimination in federally funded adoption/foster care, based on SO+GI, marital status).

13. Safe Schools Improvement Act (Rep. Linda SANCHEZ, D-CA, Frank, Baldwin)(adds to definition of “violence”: bullying and harassment based on ‘race, color, nat. org, sex, SO/GI, disability” to the Safe & Drug Free Schools & Community Act; complaint procedures; evaluations.)

14. Responsible Education About Life (REAL) Act (Rep. Barbara LEE, D-CA9) (sex education/HIV/STDs program, study, includes nondis SO+GI)

15. Early Treatment for HIV Act (ETHA) (Rep. Eliot ENGLE, D-NY17) (committee: Energy/sub-Health) (insuring HIV antiviral treatment under Social Security).

INTERNATIONAL GAY POLO TOURNAMENT TO BENEFIT PALM BEACH COUNTY HUMAN RIGHTS COUNCIL

2011-01-24T10:03:00.000-08:00

OUT IN AMERICA
December 13, 2010

(Wellington, Fla.) The Gay Polo League – the world's only polo league for lesbian, gay, bisexual and transgender (LGBT) players – will return to Florida to host their second International Gay Polo Tournament. The event will be held at the Grand Champions Polo Field in Wellington on Saturday, April 2, 2011.

The Gay Polo League is a United States Polo Association (USPA) official club and consists of all levels of polo players, from beginners to professionals. The League will bring out their highest players to compete in a USPA governed tournament, comprised of twelve League players, and four additional world-class polo professionals.

This year, half of the money raised from ticket sales will be donated to the Palm Beach County Human Rights Council (PBCHRC), a local non-profit organization dedicated to ending discrimination based on sexual orientation, gender identity and gender expression.

After last year's tournament, PBCHRC successfully lobbied the Village of Wellington to amend its Equal Employment Opportunity policy to prohibit discrimination based on sexual orientation, gender identity and gender expression.

"The Gay Polo League's selection of Wellington as the site for an international LGBT event encouraged the Council to ask the Village to adopt a more inclusive employment," said Council President Rand Hoch. "We also took the opportunity to ask Wellington to consider offering domestic partner benefits for Village employees."

As a result of the Council's efforts, the Village revised its Equal Employment Opportunity Policy last summer to provide: "Wellington's employment practices are without regard to race, color, creed. religion, gender, gender identity or expression, sexual orientation, national origin, ancestry, disability, medical condition, age, marital status, familial status, veteran's status, or any other characteristic protected under federal, state, or local law in all personnel and employment actions and in all terms and conditions of employment."

PBCHRC continues to work with the Village on domestic partnership issues.

"The Palm Beach County Human Rights Council is honored to be in partnership with the Gay Polo League for this incredible event," said Hoch. "We are fortunate to live in one of the most LGBT-friendly places in the world -- Palm Beach County. Thanks to the Gay Polo League, our community has become even more LGBT-supportive."

____________________________________________________________________________________

2nd Annual International Gay Polo League Tournament Fast Facts:

Event: The Gay Polo League (GPL) is pleased to announce their 2nd Annual International Polo Tournament in Wellington, FL

What: Unprecedented, the GPL Tournament will take place during the first week of April. The tournament will field four teams, each of which is to be comprised of GPL players and anchored by a high-goal professional.

Who is GPL: GPL is the sole international polo league to be primarily comprised of lesbian and gay players. Founded to enable gay men and lesbians to share their interest in this unique sport, GPL has created a community of passionate, like-minded athletes. GPL's mission is to provide the gay, lesbian, bisexual, and transgender (GLBT) community with the opportunity to develop and refine the necessary skills for participating in this exceptional sport. To achieve its mission, GPL continues to promote participation in amateur competitions and foster fellowship and goodwill among all members.

Where: Grand Champions Polo Club
Located at the corner of Lake Worth Road and South Shore Boulevard

When: Saturday, April 2, 2011

Time: 1:00 p.m. - 5:00 p.m.

Prices: $20 General Admission
-Includes a field side view of an elegant and exciting game of polo
*Please Provide Your Own Chair

$175 Tailgate Space
-Includes 8 General Admission Tickets & 1 Tailgate Parking Space

$2500 VIP Table
-Includes 8 Seats at Private Table in VIP tent
-Gourmet Food and Beverage

Sponsorship: The GPL offers numerous ways to get involved and connect with participants, spectators, and receive press coverage of future.

For more information about the GPL or for sponsorship opportunities please contact:

The Gay Polo League
Website: www.GayPolo.com
Phone: 561-753-3389
Fax: 561-753-3386

Gay Polo League
Mason Phelps
c/o Phelps Media Group
12230 Forest Hill Blvd. Suite 214
Wellington, Florida 33414

STATE ATTORNEY EXTENDS FAMILY MEDICAL LEAVE BENEFITS TO DOMESTIC PARTNERS

2011-01-22T08:58:00.000-08:00

(West Palm Beach, Florida) At the request of the Palm Beach County Human Rights Council, Michael McAuliffe, State Attorney for the Fifteen Judicial Circuit of Florida, has revised his policies to allow employees to use family medical leave to care for domestic partners with serious health conditions. Previously, the policy was limited to employees’ spouses, parents and children.

The Council, a local nonprofit organization founded in 1988, is dedicated to dedicated to ending discrimination based on sexual orientation, gender identity and gender expression.

McAuliffe also updated his policies to prohibit harassment based on gender identity and expression. The prior policy included race, religious creed, color, national origin or ancestry, physical or mental disability, medical condition, marital status, age, sexual orientation and genetic information.

“As State Attorney, I am committed to creating a work place that can bring out our employees’ best abilities and potential. That means no barriers based on sexual orientation,” said McAuliffe. “By making sure my policies reflect that reality, I want to send the message gay and lesbian members of the state attorney’s office can, and must, be welcome as full members of the team.”

"State Attorney McAuliffe’s pro-family policies should serve as a model for his colleagues statewide," said Council President Rand Hoch.

McAuliffe informed the Council that he will advocate at the Florida Prosecuting Attorneys Association for statutory changes to extend domestic partner benefits to employees of the 20 state attorneys in Florida .

McAuliffe’s updated policy is in line with family medical leave policies in at least twelve states (California, Connecticut, Hawaii, Iowa, Maine, New Hampshire, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington) and the District of Columbia, all of which provide family medical leave for same-sex couples.

In 2004, at the Council’s request, then-Palm Beach County Supervisor of Elections Theresa LePore became the first public employer in Florida to allow employees to use family medical leave to care for domestic partners. Since then, only a few Florida public employers – all located in Palm Beach County – have followed LePore’s lead. They include the Office of the Palm Beach County Tax Collector, the Office of the Palm Beach County Property Appraiser and the Port of Palm Beach.

The Council is currently working on family medical leave reform with the Palm Beach County Board of County Commissioners and the City of West Palm Beach.

PBCHRC Update - January 2011

2011-01-12T08:46:00.000-08:00

Throughout 2010, the Palm Beach County Human Rights Council remained vigilant in our efforts to secure equality for Palm Beach County’s unified, committed and strong gay, lesbian, bisexual and transgender community.

Once again, GLBT voters throughout the county came out in record numbers to participate in local, state and national elections. The remarkable turnout was due to the tremendous work done by the Palm Beach County Human Rights Council Voters Alliance volunteers who spent countless hours screening and interviewing candidates.

While many voters opted to stay home on election day, GLBT voters - and our allies - responded overwhelmingly to the Voters Alliance voter identification, voter education, early voting, absentee ballot and get-out-the-vote campaigns. As a result, 19 of the endorsed local candidates were elected to office. These elected officials clearly understand that, as individuals and as family members, we are entitled to share in the rights, responsibilities and benefits enjoyed by all other Americans.

Our most significant electoral accomplishments in 2010 were the repeated victories for U.S. Congressman Ted Deutch (D-Boca Raton). After longtime PBCHRC supporter Robert Wexler resigned from Congress, Ted faced opposition on the ballot three times in 2010 – in a special primary election in February, a special election in April and in the general election in November. In each election, Ted won by a landslide.

During his tenure in the Florida Senate, Ted was the legislature’s most effective advocate for gay rights. At the request of the Palm Beach County Human Rights Council, Ted sponsored legislation to amending the Florida Civil Rights and Fair Housing Acts to prohibit discrimination based on sexual orientation, gender identity and gender expression. In 2008, Ted worked closely with Jeff Atwater (R-North Palm Beach) – then a state senator who co-sponsored the gay rights bill and now Florida’s Chief Financial Officer – in orchestrating bi-partisan support which resulted in the only successful vote on a gay rights bill in Florida’s history.

Ted has continued to be a leader on our issues in Washington, D.C. Following a procedural vote on overturning “Don’t Ask, Don’t Tell” last April, Ted called to let us know how proud he was to be able to be a part of the historic vote. Since he has been in Congress, Ted has also co-sponsored several pieces of legislation of importance to the GLBT community, including, but not limited to, the Safe Schools Improvement Act, the Student Nondiscrimination Act and the Uniting American Families Act.

Not only does Ted support our community with his votes, he does so with his time, his money, and his heart. He is always helping out whether it be by purchasing extra tickets to “The Laramie Project” so that members of the Compass youth program can attend, bringing friends to the Council’s Summer Soirée, participating at PrideFest or enjoying International Gay Polo League Tournament.

The Palm Beach County Human Rights Council Voters Alliance is proud to have played a part in the election of both Congressman Ted Deutch and Chief Financial Officer Jeff Atwater (R-North Palm Beach)

Two other longtime PBCHRC supporters – former School Board Member/now County Commissioner Paulette Burdick and former Lake Worth Mayor/now State Representative Jeff Clemens – were elected with strong support from the Voters Alliance.

For a complete list of the candidates endorsed by the Voters Alliance who were elected in 2010, go to: www.pbchrc.org/endorsements.html.

On the subject of federal office holders, the Council has decided that since Congressman Tom Rooney (R-Tequesta) has repeatedly refused to schedule a district meeting with Palm Beach County Human Rights Council representatives and has consistently voted against gay rights legislation in Congress, the Council will most likely not expend any additional time or effort trying to convince him that he was elected to represent all of his constituents – not just the non-gay ones. And with the election of rabidly anti-gay Congressman Allen West (R-Plantation), the Council is looking forward to redistricting prior to the 2012 elections.

With municipal elections just weeks away, the Palm Beach County Human Rights Council Voters Alliance is gearing up to interview and screen candidates. Of special interest (so far) are the elections in West Palm Beach and Palm Beach Gardens.

One of the Council’s priorities in 2010 was our work with the Village of Wellington (pop. 55,584). As a result of our efforts, Village amended it's Equal Employment Opportunity policy to prohibit discrimination based on both sexual orientation and gender identity or expression in its employment practices. (See, www.wellingtonfl.gov/news-a-updates/3/7.html). The Council is currently working with the Village Manager in drafting language to secure domestic partnership benefits for Village employees.

As a result of our efforts in Wellington, the Council has been adopted by the Gay Polo League (www.gaypolo.com), the world's only polo league for lesbian, gay, bisexual and transgender players. Grateful for the Council’s efforts, the Gay Polo League is donating 50% profit from general admission ticket sales for the second International Gay Polo Tournament to the Council. The event will be held at the Grand Champions Polo Field in Wellington on Saturday, April 2, 2011. In addition, several of the polo players will appear in the annual gay pride parade in Lake Worth on Sunday, March 27, so save both dates!

This year, the Council will renew our efforts to have the County Commission amend its Family Medical Leave Policy to allow employees to use this leave to care for their domestic partners in the same manner as married employees can use it to care for their spouses. The proposal, initially brought before the Commission at the Council’s request in 2007 by former Commissioner Jeff Koons, was shot down by all of his six colleagues. However, since then, four new Commissioners have been elected – including longtime PBCHRC supporters Paulette Burdick, Shelley Vana and Priscilla Taylor . The Council is hopeful that a majority of the County Commission will remove this last vestige of discrimination against the County’s gay and lesbian employees.

If this effort is successful, the Council will then request the City of Delray Beach, the County’s Clerk and Comptroller and the Palm Beach Sheriff’s Office to follow suit. All three currently provide the full range of domestic partner benefits – with the exception of family medical leave.

After more than two years, we are still awaiting word from State Attorney Michael McAuliffe about our request for his office provide domestic partner benefits. The Council expected to hear from him during 2009 and 2010, but to date, this does not appear to be a priority with his staff.

Our work with the School Board of Palm Beach County in 2011 will focus on enforcing the GLBT inclusive anti-bullying and harassment policy the Council worked on so diligently in 2007, educating both students and School District employees on GLBT issues, encouraging the establishment of gay student alliances (GSAs), and conforming a variety of nondiscrimination policies so that all will include sexual orientation, gender identity and gender expression.

Four new School Board members were elected last year: Jennifer Prior Brown, Marcia Andrews, Chuck Shaw and Karen Brill. The Voters Alliance interviewed all of the new members and was very encouraged by their knowledge of GLBT issues in the School District and their willingness to assist the Council in our efforts.

Following the municipal elections in Palm Beach Gardens in March, the Council will renew our efforts to secure domestic partnership health insurance for the city’s employees. The City already provides other domestic partnership benefits to its employees.

The Council continues to work with GLBT activists and allies at Florida Atlantic University to have the school's nondiscrimination policies specifically prohibit discrimination based sexual orientation, gender identity and gender expression and to provide domestic partner benefits for FAU employees. We are very optimistic that the nondiscrimination policies will be updated in 2011. With regard to domestic partnership benefits, FAU currently is exploring models used by University of Florida, Florida International University and other state universities.

The Council’s expansion into the social media has been a great success. Throughout the day, local, state, national and international news of interest to the GLBT community is posted on the Council’s Facebook page (PBCHRC). Other information is posted from time to time on our blog at pbchrc.blogspot.com.

On a final note, the Council is deeply disappointed in Governor Rick Scott’s decision not to include religion, age, disability, sexual orientation, gender identity or expression, pregnancy and marital status in Executive Order 11-04 on diversity in state government. The Council made this request shortly after the November elections – and it obviously fell on deaf ears. Although this was not completely unexpected. During Charlie Crist’s four year tenure as governor, the Council wrote to him on more than a dozen occasions, asking for a similar executive order. Not once did he even respond.

Our experience tells us that pro-LGBT changes in statewide matters will not be forthcoming from our Governor and legislators in Tallahassee. They will only come from the courts – such as last year’s victory striking down the ban on adoption by gay and lesbian Floridians.

Though our affiliation with Florida Together (www.outfl.org), the Council will continue to assist other local organizations across the state, so that they may secure the protections and benefits secured by the Council for Palm Beach County’s GLBT community for more than two decades.

As always, we will keep you informed of our progress.

Best wishes for 2011!

Rand Hoch
President and Founder

GOV. RICK SCOTT'S COMMITMENT TO DIVERISTY EXCLUDES LGBT WORKERS

2011-01-05T07:15:00.000-08:00

Out in America
January 4, 2011

(Tallahassee, Florida) Shortly after he was sworn in as Florida's 45th governor, Rick Scott issued an executive order addressing diversity in state government.

A request for the order had been made last month by the Palm Beach County Human Rights Council. The Council, a nonprofit organization founded in 1988, is dedicated to dedicated to ending discrimination based on sexual orientation, gender identity and gender expression.

In a December 6 letter to the Scott Transition Team, Council President Rand Hoch requested that the incoming governor's first executive order address equal opportunity in state employment.

"By doing so on the day you take office, you will assure all Floridians that the State of Florida is committed to providing equal employment opportunity in state government to all qualified individuals regardless of race, color, religion, sex, national origin, age, disability, sexual orientation, gender identity or expression, genetic information, pregnancy or marital status," Hoch wrote.

While the Council's request was for an inclusive order, Scott instead issued Executive Order 11-04, which narrowly limited Florida's non-discrimination policies to address only race, gender, creed, color and national origin.

"Governor Scott's limited view of diversity is very discouraging," said Hoch. "Governor Scott did not even include all of the classifications listed in the Florida Civil Rights Act -- let alone sexual orientation and gender identity."

The Florida Civil Rights Act prohibits discrimination based on "race, color, religion, sex, national origin, age, handicap, or marital status." In addition, Florida courts have also determined that pregnancy is a protected classification.

Governor Rick Scott's Executive Order on Diversity in Government

2011-01-05T06:04:00.000-08:00

OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 11-04

Reaffirming Commitment to Diversity in Government

WHEREAS, the Florida Constitution provides that all natural persons, female and male alike, are equal before the law and that no person shall be deprived of any right because of race or national Origin; and

WHEREAS, it is vitally important to respect these principles in all aspects of state government, and it is of particular importance to respect these principles in state employment and contracting;

NOW, THEREFORE, I, RICK SCOTT, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section (1)(a) of the Florida Constitution, and all other applicable laws, do hereby promulgate the following Executive Order, to take immediate effect:

Section 1. I hereby reaffirm the policy of non-discrimination in government employment established in Executive Order 99-281. It shall be the policy of my administration to prohibit discrimination in employment based on race, gender, creed, color, or national origin, and to ensure equal opportunity for all individuals currently employed in, and individuals seeking employment in, my administration. I hereby prohibit the enforcement or adoption of any and all employment policies and practices in the Office of the Governor, and agencies under the direction of the Governor, that discriminate on the basis of race, gender, creed, color, or national origin.

It has been, and shall continue to be, the policy of my administration to seek out for hiring, retention, and promotion, the highest quality candidates for my administration regardless of race, gender, creed, color, or national origin.

Section 2. I hereby reaffirm the policy of non-discrimination in government contracting established in Executive Order 99-281. It shall be the policy of my administration to encourage competition and ensure state contracting opportunities are provided without discrimination based on race, gender, creed, color, or national origin.

PBCHRC Asks Governor-Elect Rick Scott To Issue An Executive Order Prohibiting GLBT Discrimination in State Government

2010-12-07T08:36:00.000-08:00

December 6, 2010

Governor-elect Rick Scott
The Scott Transition Team
300 S.E. 2nd Street
Ft. Lauderdale, Florida 33301

Re: Executive Order on Equal Opportunity in State Employment

Dear Governor-elect Scott:

On behalf of the Board of Directors of the Palm Beach County Human Rights Council (“the Council”), I am writing to request that your first executive order address equal opportunity in state employment.

By doing so on the day you take office, you will assure all Floridians that the State of Florida is committed to providing equal employment opportunity in state government to all qualified individuals regardless of race, color, religion, sex, national origin, age, disability, sexual orientation, gender identity or expression, genetic information, pregnancy or marital status.

Over the years, similar directives have been issued by the governors at least 30 states, including Alaska, Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, New Jersey, New Mexico, New York, Ohio, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington and Wisconsin.

Enclosed please find a draft which your staff may want to utilize as a model.

If your staff has any questions or needs more information, please feel free to contact me directly.

Best wishes for a Merry Christmas, a Happy New Year and a successful administration.

Respectfully yours,

Judge Rand Hoch (retired)
President and Founder

RH:r
enclosure
copies w/out enclosure to: Board of Directors, PBCHRC

_____________________________________________________________________________________

STATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 11-1

WHEREAS, this nation and state were founded on the principle of freedom and equality;
and

WHEREAS, Congress enacted the landmark Title VII of the Civil Rights Act of 1964, making equal employment opportunity without discrimination the law of the land; and

WHEREAS, the 1972 amendment to the Civil Rights Act extended these provisions to all governmental agencies; and

WHEREAS, numerous federal and state laws, regulations and executive orders prohibit discrimination in employment against any person based on race, color, religion, sex, national origin, age, disability, sexual orientation, gender identity or expression, genetic information, pregnancy or marital status in Florida’s civil service system; and

WHEREAS, the Florida labor force is comprised of skilled and talented workers from all segments of the state's richly diverse population, enabling the state to lead the nation in innovation; and

WHEREAS, this work force diversity is of great value in building a more inclusive and qualified state civil service whose highest principle is duty to an equally diverse public; and

WHEREAS, this administration is strongly committed to ensuring equality of employment opportunity in all aspects of employment where every person can enjoy to their fullest capability the birthrights of our democracy.

NOW, THEREFORE, I, RICK SCOTT, as Governor of Florida, by virtue of the authority vested in me by the laws and Constitution of the State of Florida, do hereby promulgate the following Executive Order effective to January 4, 2011.

Section 1.
Equal employment opportunity for all individuals is the policy of the State of Florida in all its activities. All state officials, managers and supervisors shall vigorously enforce this policy.

Section 2.
All state agencies, departments, boards, and commissions shall recruit, appoint, train, evaluate and promote state personnel on the basis of merit and fitness, without regard to race, color, religion, sex, national origin, age, disability, sexual orientation, gender identity or expression, genetic information, pregnancy or marital status or other non-job-related factors.

Section 3.
All state agencies, departments, boards and commissions shall have clear, written directives to carry out this policy and to guarantee equal employment opportunity, without retaliation or reprisal, at all levels of state government.

Section 4.
All state agencies, departments, boards and commissions shall regularly review their employment practices to ensure equality of opportunity in employment. Such actions include the use of inclusive recruitment, properly validated selection procedures and the elimination of non job-related and discriminatory practices.

Section 5.
All state agencies, departments, boards and commissions shall fully comply with all constitutional and civil service statutory and regulatory requirements to administer and enforce this policy.

Section 6.
The Department of Management Services shall provide statewide leadership, coordination, technical guidance and enforcement regarding efforts to fully achieve equal employment opportunity and non-discriminatory employment practices within the state civil service.

IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed, at Tallahassee, the Capitol, this 4th day of January, 2011.

_________________________________
GOVERNOR
ATTEST:

________________________________
SECRETARY OF STATE

Your Vote Counted!

2010-11-11T14:28:00.000-08:00

While many voters across our nation opted to sit out this election, Palm Beach County's LGBT voters — and our allies — responded overwhelmingly to the Palm Beach County Human Rights Council Voters Alliance voter identification, voter education, early voting, absentee ballot and get-out-the-vote campaigns. As a result, 19 of the endorsed local candidates were elected or re-elected.

These LGBT-supportive public officials include U.S. Congressmen Ted Deutch and Alcee Hastings, Chief Financial Officer Jeff Atwater, State Senator Ellyn Bogdanoff, State Representatives Mack Bernard, Joseph Abruzzo, Mark Pafford, Jeff Clemens and Irv Slosberg, County Commissioners Paulette Burdick, Jess Santamaria and Priscilla Taylor, Port Commissioner Blair Ciklin, School Board Members Debra Robinson, Jennifer Prior Brown and Marcia Andrews, Circuit Court Judge Lisa Small, County Court Judge Marni Bryson and Lake Worth City Commissioner Suzanne Mulvehill.

Congratulations to all of these individuals – and rest assured, the Palm Beach County Human Rights Council will be in touch!

Thanks go out to the volunteers on the Palm Beach County Human Rights Council Voters Alliance who spent countless hours screening and interviewing candidates over the past six months – as well as to all of our supporters who worked tirelessly on the various campaigns.

On behalf of the Council's Board of Directors, thank you once again for your participation in the electoral process.

With the election behind us — and not another one on the horizon for several months — the Council will now refocus our work towards ending discrimination based on sexual orientation, gender identity and gender expression through education, advocacy, direct action, impact litigation, and community outreach.

For more than a decade, Florida Atlantic University professors Alan Barsky and Fred Fejes (among others) have been seeking to have the school's nondiscrimination policies specifically prohibit discrimination based sexual orientation, gender identity and gender expression. In addition, they have been asking FAU to provide domestic partner benefits for FAU employees. The Council was called in to assist in these efforts in 2006.

Dr. Barsky reports that progress is now being made at FAU under the leadership of recently inaugurated President Mary Jane Saunders. We are very optimistic that the nondiscrimination policies will soon be updated. With regard to domestic partnership benefits, FAU currently is exploring models used by University of Florida, Florida International University and other state universities.

The Council also is working with the Village of Wellington, the Town of Palm Beach and the City of Palm Beach Gardens on extending the full range of domestic partnership benefits for their employees.

As always, we will keep you informed of our progress.

Rand Hoch
President and Founder

P.S. If you are on Facebook, please join the more than 1,850 people who have become fans of “PBCHRC”.

Palm Beach County Human Rights Council Voters Alliance Endorsements for the November 2 General Election

2010-10-17T07:53:00.000-07:00

The Palm Beach County Human Rights Council Voters Alliance is dedicated to electing public officials who will work towards ending discrimination based on sexual orientation, gender identity and gender expression.

NOTE: Not all of the candidates listed below will appear on your ballot. In addition, in some races, there are no endorsements.

United States Senator
Kendrick Meek (Dem.)

U.S. Representative, District 19
Ted Deutch (Dem.)

U.S. Representative, District 22
Ron Klein (Dem.)

U.S. Representative, District 23
Alcee Hastings (Dem.)

Governor
Alex Sink (Dem.)

Attorney General
Dan Gelber (Dem.)

Chief Financial Officer
Jeff Atwater (Rep.)

Commissioner of Agriculture
Scott Maddox (Dem.)

State Senator, District 25
Kelly Skidmore (Dem.)

State Senator, District 27
Kevin Rader (Dem.)

State Representative, District 83
Mark Marciano (Dem.)

State Representative, District 84
Mack Bernard (Dem.)

State Representative, District 85
Joseph Abruzzo (Dem.)

State Representative, District 87
Hava Holzhauer (Dem.)

State Representative, District 88
Mark Pafford (Dem.)

State Representative, District 89
Jeff Clemens (Dem.)

State Representative, District 90
Irving "Irv" Slosberg(Dem.)

State Representative, District 91
Barbara Ann Stern (Dem.)

County Commission, District 2
Paulette Burdick (Dem.)

County Commission, District 6
Jess Santamaria (Dem.)

County Commission, District 7
Priscilla Taylor(Dem.)

Port of Palm Beach, Group 4
Blair Ciklin (Dem.)

School Board, District 3
William G. "Bill" Graham

School Board, District 4
Jennifer Prior Brown

School Board, District 6
Marcia Andrews

County Court Judge, Group 7
Marni A. Bryson

Lake Worth City Commission, District 2
Carla Blockson

Lake Worth City Commission, District 4
CO- ENDORSEMENT YOU MAY ONLY VOTE FOR ONE OF THE FOLLOWING CANDIDATES:
Lisa Maxwell
or
Suzanne Mulvehill

Palm Beach Gardens City Council, Group 5
Ken Menard

Constitutional Amendment 5 - Legislative Redistricting
YES

Constitutional Amendment 6 - Congressional Redistricting
YES

To locate your polling place, call (561) 656-6200

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

The endorsements have been approved individually by each of the listed candidates.

Palm Beach County Human Rights Council Voters Alliance
Post Office Box 267, West Palm Beach, Florida 33402
(561) 586-0203
www.pbchrc.org
pbchrc@gmail.com

CLARIFICATION FROM GOV. CHARLIE CRIST ON SAME-SEX MARRIAGE BAN

2010-08-30T06:24:00.000-07:00

August 29, 2010

Within hours of yesterday's e-mail blast by PBCHRC on comments made by Florida Governor Charlie Crist on CNN's State of the Union with Candy Crowley on Sunday, August 29, 2010, we received the following e-mail from Danny Kanner, the Crist campaign press secretary:

Below is a statement from Governor Crist regarding emails and statements that have been circulating today. Please feel free to contact the campaign for further questions.

Thank you,

Danny Kanner
Press Secretary
Charlie Crist for U.S. Senate

"In an interview that aired today, I was not discussing an amendment to the U.S. Constitution banning same-sex marriage, which I do not support, but rather reaffirming my position regarding Florida's constitutional ban that I articulated while running for Governor. In fact, the interviewer's question reflected just that. I am fully supportive of civil unions and will continue to be as a United States Senator, but believe marriage is a sacred institution between a man and a woman."

__________________________________________________

A transcript of the questions asked by CNN Senior White House Correspondent Ed Henry and the answers given by Florida Governor Charlie Crist on CNN's State of the Union with Candy Crowley on Sunday, August 29, 2010 is set forth below:

http://transcripts.cnn.com/TRANSCRIPTS/1008/29/sotu.01.html

HENRY: Another big issue, same-sex marriage. Many conservatives like Marco Rubio support a constitutional ban on same-sex marriage. But this week, the former Republican Party Chairman Ken Mehlman came out and said he's gay and he called on conservatives to kind of move to the political center and be more tolerant on this issue. You have previously said in your gubernatorial campaign, you supported a constitutional ban on same-sex marriage. Now that you're trying to occupy the political center, are you still in favor of a constitutional ban on same-sex marriage?

CRIST: I feel the same way, yes, because I feel that marriage is a sacred institution, if you will.But I do believe in tolerance. I'm a live and let live kind of guy, and while I feel that way about marriage, I think if partners want to have the opportunity to live together, I don't have a problem with that.

And I think that's where most of America is. So I think that you know, you have to speak from the heart about these issues. They are very personal. They have a significant impact on an awful lot of people and the less the government is telling people what to do, the better off we're all going to be. But when it comes to marriage, I think it is a sacred institution. I believe it is between a man and woman, but partners living together, I don't have a problem with.

HENRY: But governor, doesn't it sounds like you having it both ways by saying live and let live, but I also support a constitutional ban on same-sex marriage. If it's live and let live, why would you ban same-sex marriage?

CRIST: Well, everything is in a matter of degree, Ed, and when it becomes to the institution of marriage, I believe that it is between a man and a woman, it's just how I feel.

http://transcripts.cnn.com/TRANSCRIPTS/1008/29/sotu.01.html

CHARLIE CRIST TELLS CNN THAT HE SUPPORTS AMENDING THE US CONSTITUTION TO PROHIBIT SAME-SEX MARRIAGES

2010-08-29T12:58:00.000-07:00

CNN: STATE OF THE UNION
Crist supports gay marriage ban
August 29, 2010

Charlie Crist and Kendrick Meek (D-Fla.), two of Florida's three Senate hopefuls sat down for separate interviews on the CNN's State of the Union show, which was aired earlier today.

Crist said that he favors a constitutional ban on same-sex marriage.

"When it comes to marriage, I think it is a sacred institution, I believe it is between a man and a woman," Crist said, "but partners living together, you know, I don't have a problem with it."

"It's just how I feel," he added.

http://politicalticker.blogs.cnn.com/2010/08/29/crist-looks-for-middle-ground-between-two-opponents/?iref=allsearch

http://voices.washingtonpost.com/44/2010/08/beck-no-beck-palin-2012-ticket.html

Palm Beach County Human Rights Council Voters Alliance Endorsements (as of 8/4/10)

2010-08-04T16:45:00.001-07:00

U.S. Senator, Jeff Greene (D)

U.S. Congressman, District 16 - Ed Tautiva (D)
U.S. Congressman, District 19 - Ted Deutch (D)
U.S. Congressman, District 22 - Ron Klein (D)
U.S. Congressman, District 23 - Alcee Hastings (D)

Governor - Alex Sink (D)

Attorney General - Co-Endorsement
Dave Aronberg (D) and Dan Gelber (D)

Chief Financial Officer - Jeff Atwater (R)

Commissioner of Agriculture - Scott Maddox (D)

State Senator, District 25 - Ellyn Bogdanoff (R) - Primary Only
State Senator, District 27 - Sharon Merchant (R) - Primary Only
State Senator, District 27 - Kevin Rader (D) - Primary Only

State Representative, District 83 - Mark Marciano (D)
State Representative, District 84 - Mack Bernard (D)
State Representative, District 85 - Joseph Abruzzo (D)
State Representative, District 86 - Carole Kaye (D)
State Representative, District 88 - Mark S. Pafford (D)
State Representative, District 89 - Jeff Clemens (D)
State Representative, District 90 - Irving "Irv" Slosberg (D)

County Commissioner, District 2 - Paulette Burdick (D)
County Commissioner, District 6 - Michael E. Jackson (D)
County Commissioner, District 7 - Priscilla Taylor (D)

Port of Palm Beach Commission, Group 4 - Blair Ciklin (D)

School Board Member, District 3 - Co-Endorsement
William G. "Bill" Graham and Tom Whatley

School Board Member, District 4 - Co-Endorsement
Jennifer Prior Brown and John E. McGovern

School Board Member, District 6 - Marcia Andrews

School Board Member, District 7 - Debra L. Robinson

Circuit Court Judge, Group 33 - Lisa Small

County Court Judge, Group 7 - Marni A. Bryson

VILLAGE OF WELLINGTON PROHIBITS GLBT DISCRIMINATION

2010-06-30T20:40:00.000-07:00

OUT IN AMERICA
June 30, 2010

(Wellington, Florida) The Village of Wellington (pop. 55,584) has amended its Equal Employment Opportunity policy to prohibit discrimination based on both "sexual orientation" and "gender identity or expression" in Village employment. The policy covers the Village's 258 employees.

The action was taken following a request from the Palm Beach County Human Rights Council, a local non-profit organization dedicated to ending discrimination based on sexual orientation, gender identity and gender expression.

"People should not be fired, harassed, or denied promotion simply because they are gay or lesbian, or because they don't fit the stereotypes for masculinity or femininity," said Council President Rand Hoch.

Last spring, Grand Champions Polo Club in Wellington played host to the world's first international gay polo league tournament, which was presented by the Gay Polo League.

"The Gay Polo League's selection of Wellington encouraged the Council to ask the Village to adopt a more inclusive Equal Employment Opportunity policy and to provide family benefits to employees with domestic partners," said Hoch. "Wellington's equestrian community came out in support of the tournament - and in support of our requests."

As a result, Wellington's revised Equal Employment Opportunity Policy now provides, "Wellington's employment practices are without regard to race, color, creed. religion, gender, gender identity or expression, sexual orientation, national origin, ancestry, disability, medical condition, age, marital status, familial status, veteran's status, or any other characteristic protected under federal, state, or local law in all personnel and employment actions and in all terms and conditions of employment."

"The workplace is an ever changing environment and it our goal to do the right thing by all of the people who work for Wellington," said Village Manager Paul Schofield. "These changes are a simple recognition that the only thing that should matter in the work place is how well you do your job."

Wellington is also considering offering health insurance coverage and other family benefits to Village employees with domestic partners, according Schofield.

"In Florida, no place is more welcoming to gay employees than Palm Beach County. More than sixty percent of Palm Beach County's cities, towns and villages now have gay- inclusive nondiscrimination policies," said Hoch. "In addition, two openly gay men and one lesbian currently serve as mayors of Palm Beach County municipalities, and the city manager of another city is transsexual."

Openly gay candidates finding success in South Florida

2010-06-19T09:30:00.000-07:00

by Anthony Man
South Florida Sun-Sentinel

As a young woman, Betty James never imagined gays and lesbians exercising political clout. Seeing openly gay men and women elected to office seemed even more far-fetched.

Now, at age 82, James is living proof of a dramatic change in American attitudes. An out-of-the-closet lesbian, James is the mayor of Cloud Lake in Palm Beach County.

How much have things changed since James started voting almost six decades ago? Cloud Lake, population 170, where James lives with her partner, is the kind of place where pretty much everyone knows her story.

“It didn’t hurt my candidacy at all,” she said. In the 2008 election, she won 82.5 percent of the vote.

James is among an estimated 20 to 25 openly gay and lesbian elected officials in Florida, all at the local and county level. Getting a count that high means casting a wide net, including an openly gay commissioner of the Florida Keys Mosquito Control District.

Gay activists and political analysts think their ranks could swell with this year’s elections. By the time candidates finished qualifying for office Friday, there were openly gay candidates in South Florida running for the state House, state Senate and Congress. There’s also a transgender congressional candidate.

“By Florida standards, there’s been an explosion of gay candidates and activity and openly gay elected officials,” said Eric Johnson, who was chief of staff for former U.S. Rep. Robert Wexler, D-Boca Raton.

Johnson, now a political consultant in Fort Lauderdale and Washington, D.C., said Florida could elect its first openly gay state legislator or member of Congress this year.

“The likelihood of adding gay elected officials in 2010 is quite high. It seems to me that we’ve turned a little corner in Florida as it relates to openly gay candidates seeking office and being seen as legitimate candidates,” he said.

It’s part of a broader change, said Hastings Wyman, who founded the newsletter Southern Political Report more than three decades ago.

“It’s been dramatic,” Wyman said. “The whole region has become much more accepting. Virtually every southern state now has one or more openly gay elected officials. I think Mississippi is the only holdout. When I first started writing, the only gay official in the South was the mayor of Key West.”

On Sunday, several of South Florida’s openly gay elected officials – and even more candidates – are planning to rally supporters in the gay community by marching in the annual Stonewall Street Festival gay pride parade. It’s held in Wilton Manors, where a majority of the City Commission is openly gay.

Among them is Donna Milo, one of three Republicans seeking her party’s nomination to challenge U.S. Rep. Debbie Wasserman Schultz, D-Weston. Milo is transgender. She was raised as a male and is now a woman.

“It’s an element of my life. It doesn’t define my values, my goals, my political ambitions, my conservative positions. It’s simply an element of my life and doesn’t define who I am,” Milo said.
Benjamin Lewis, president of the gay political group Sunshine Republicans, said Milo has been changing attitudes on the campaign trail.

He said he’s been to events at which people initially judge Milo unfavorably because she’s transgender. After hearing her speak, “people are standing back and saying, ‘Wow, this woman knows what she’s talking about.’”

Also marching in the parade is Broward’s highest-ranking openly gay elected official, County Commissioner Ken Keechl, who is currently serving his turn as county mayor and running for re-election.

A measure of the significance of the gay community’s political clout: Keechl’s challenger, former Broward Republican Chairman Chip LaMarca, is among the straight political candidates planning to march in the parade. Other straight participants include Republican Broward Sheriff Al Lamberti and Democratic gubernatorial candidate Alex Sink.

One reason they feel comfortable marching in a gay pride parade is candidates have more to gain by appealing to gay and lesbian voters, than they fear losing by alienating straight voters who are hostile to gays. Rand Hoch, who helped found the Palm Beach County Human Rights Council in 1988, said there’s been a big change in the last 22 years.

“Back then, we had people who were running for office who didn’t want to be seen talking to us. We had people who said, ‘I want your support but I don’t want it publicly,’” he said. Now, he said, people seek out council leaders to find out when they’ll conduct endorsement interviews.
Still, there are limits for openly gay candidates. Florida has never elected an openly gay state senator or state representative.

One big reason, Wyman said, is the shape of legislative districts. “It has a lot to do with whether or not there legislative districts that are drawn so that they include a large gay community within a larger liberal electorate. If you’ve got one of those and you’ve got an open seat, then I think a gay candidate stands a good chance. If you don’t, I think it’s much less likely.”

Wyman said hurdles remain high, “especially in the South. I think people are far less anti-gay than they used to be, but the prejudice is still there.”

Still, each said it’s important to have openly gay officials helping make decisions.

Resnick just finished a year as president of the Broward League of Cities, where he brought forward resolutions that put the group representing the county’s municipal governments on record in support of overturning Florida’s ban on gay men and lesbians adopting children and adding sexual orientation to the state law banning discrimination in employment.

“I was in a position to get Broward County’s cities on board with supporting changes in legislation that have been discriminatory for years,” he said. “I don’t think it would have been on anybody’s radar.”

Successful candidates – James, Keechl and Wilton Manors Mayor Gary Resnick – said they didn’t run as gay activists. Instead, they emphasized issues important to all constituents, because gay-related issues aren’t the most important aspect of their jobs.

Resnick has been in elected office since 1998, when he joined the the Wilton Manors commission. Since then, he said, “it’s more and more becoming a non-issue.”

Jack Majeske, former president of the Broward Log Cabin Republicans gay political group, said that’s an especially common view among voters in their 40s and younger. Many simply don’t care if a candidate is gay. And as older voters who do care pass away, he said, the voters who see it as a non-issue will grow into a majority.

“It’s a non-issue with young people,” Majeske said. “The older, die-hard group, they’ll all die out.”

FLORIDA TOGETHER BACKS SCOTT GALVIN FOR CONGRESS

2010-06-15T08:56:00.000-07:00

Statewide LGBT Organization Recognizes Historic Campaign Opportunity

Florida Together, a statewide organization dedicated to securing equal rights and protections for all Floridians, today announced its support of Scott Galvin in the campaign for Congress in Florida's 17th District.

"Scott's campaign represents a truly historic opportunity to add needed diversity to Florida's elected leadership and we're proud and excited to offer our full support," said Michael Kenny, Florida Together's Executive Director. "Florida has never elected an openly gay Floridian to any office in either Tallahassee or Washington and we can not afford to sit on the sidelines and watch this opportunity go by."

Florida Together's support, means Galvin will be highlighted and promoted statewide and introduced to more than 80 local political, social and service organizations which are Florida Together Federation members. As an officially supported candidate, Galvin will be promoted in organization communications and supported with financial resources and volunteers. Florida Together has created a donation page at ActBlue where individuals can donate directly to Galvin's campaign www.actblue.com/page/gavinfloridalgbt.

"I am delighted and humbled to have the support of Florida Together," Galvin said. "I am thrilled at their pioneering leadership in recognizing this truly unique opportunity not just for Florida but for the nation."

Galvin faces eight other Democrats in the August 24th Democratic primary to succeed Congressman Kendrick Meek, who is running for the U.S. Senate.

Galvin is a City Commissioner in North Miami. He was first elected in 1999, was a classroom teacher in Miami schools and has a Bachelor's Degree in Education from Florida International University. Today Scott is Vice President of Education for the non-profit Junior Achievement of Greater Miami where he recruits and trains corporate volunteers to bring lessons of finance and community to area students.

Galvin also served two terms as President of the Greater North Miami Chamber of Commerce and currently serves on the Board of the Florida Marlins Foundation and the international Board of the AIDS Healthcare Foundation - the largest provider of HIV/AIDS healthcare.

Florida Together is the advocacy and political arm of Florida Together Federation, a federation of over eighty Florida organizations committed to equality and justice for lesbian, gay, bisexual and transgender Floridians.

# # #

National Gay and Lesbian Task Force expresses anger at HHS committee recommendation against lifting FDA lifetime blood ban

2010-06-11T15:11:00.001-07:00

WASHINGTON, June 11 — The National Gay and Lesbian Task Force expressed anger and deep disappointment in today’s vote by the Health and Human Services Advisory Committee on Blood Safety and Availability against recommending the Food and Drug Administration lift its lifetime ban on blood donations from any man who has had sex with another man since 1977. It is estimated that 219,000 more pints of blood could be available annually if the blanket ban was lifted.

Earlier this week, the Task Force and nearly 50 other groups issued a joint letter to the committee saying "it is our opinion that this lifetime deferral for men who have sex with men (MSM) from donating blood is outdated and discriminatory and we strongly urge the Advisory Committee to recommend a revision of this policy." The Task Force also spoke against the blood ban at a June 9 press conference on Capitol Hill.

Statement by Rea Carey, Executive Director
National Gay and Lesbian Task Force

“This decision is outrageous, irresponsible and archaic. We expect more out of this advisory committee and this administration than to uphold an unnecessarily discriminatory policy from another era.

“We’ve said it before: The most critical issue is to ensure that the blood supply is safe and abundant, and this means maximizing the potential donor pool and making sure all donors are screened appropriately and assessed based on actual behavioral risk independent of their sexual orientation. The committee’s decision today not only leaves a discriminatory practice in place, it also puts lives at risk.”

Congressman Ron Klein's Letter on the Vote to Repeal Don't Ask Don't Tell

2010-05-28T11:25:00.000-07:00

May 28, 2010

Dear Rand,

As you may know, the House of Representatives voted last night to repeal the "Don't Ask, Don't Tell" policy, which has banned gay service members from serving in the military. On this historic day, I wanted to share with you some thoughts about why I voted to repeal the ban.

After September 11th, a dangerous strain threatened the readiness of the members of our armed forces. Serving more tours for longer periods of time puts stress on the war fighter and the families of military personnel. At the same time, in the past five years, the military has discharged almost 800 mission-critical troops, notably Arabic and Farsi linguists needed in the Iraq and Afghanistan wars. Allowing gay people to serve in the military would help alleviate this strain by making more people eligible to serve. Choosing the "Don't Ask Don't Tell" policy over our military readiness harms our national security and the safety of our men and women in battle.

The argument supporting the repeal of "Don't Ask, Don't Tell" was underscored earlier this year by Admiral Mike Mullen, the chairman of the Joint Chiefs of Staff, who told the Senate Armed Services Committee, "...it is my personal belief that allowing gays and lesbians to serve openly would be the right thing to do. No matter how I look at the issue, I cannot escape being troubled by the fact that we have in place a policy which forces young men and women to lie about who they are in order to defend their fellow citizens."

As you may know, the amendment to the National Defense Authorization Act to set in motion the repeal of "Don't Ask, Don't Tell" passed tonight with bipartisan support. The amendment calls for the repeal of this policy after the Pentagon completes its Comprehensive Review Working Group on how to implement the repeal. This Review is due December 1, 2010. The amendment also requires a certification by the Secretary of Defense, Chairman of the Joint Chiefs and President that repeal is consistent with military readiness, military effectiveness, unit cohesion and recruiting.

As our country experiences economic challenges, and the government deficit has become dangerously high, the "Don't Ask Don't Tell" policy costs the government precious resources. After receiving extensive training from the military, we should not be forcing gay service members to leave the military. Experts believe that banning gay service has cost the U.S. government $1.3 billion since 1980 and that every discharge of gay service member could cost between $10,000 and $37,000.

Finally, and most importantly, the repeal of "Don't Ask, Don't Tell" is the right thing to do. It is well past time to abolish discrimination against gay Americans. Anyone who wishes to serve our country deserves to do so; and our country deserves to have a force that is ready and secure.

I am proud to have voted to end this unfair discrimination. Of course, I will keep you updated as we move forward in this process. If you have any questions or if I can be of assistance to you, please call my office at 561-544-6910 or e-mail me through my website: www.klein.house.gov.

Sincerely,

Ron Klein
Member of Congress

US Senator Bill Nelson Commits to Repeal of "Don't Ask, Don't Tell"

2010-05-26T15:00:00.000-07:00

(Washington, DC) US Senator Bill Nelson has joined the effort to repeal “Don’t Ask, Don’t Tell” (DADT), the law that bans gay, lesbian and bisexual service members from serving openly and honestly in the military. Following months of grassroots lobbying, Nelson’s office announced this morning that the Senator plans to vote in favor of a compromise amendment sponsored by Senators Joseph Lieberman and Carl Levin.

Nelson sits on the Senate Armed Services Committee, which is expected to consider, later this week, the repeal of “Don’t Ask, Don’t Tell” during its markup of the fiscal year 2011 Defense Authorization bill.

Stonewall Library Museum Archive's Exhibition "The Harlem Renaissance: As Gay as it was Black" at the FAU-Boca Raton Campus

2010-05-06T11:40:00.000-07:00

BOCA RATON, FL (May 5, 2010) – Florida Atlantic University Libraries and Stonewall Library Museum Archive will host “The Harlem Renaissance: As Gay as it was Black,” an exhibition about Harlem’s artistic movement and some of its leading gay, lesbian and bisexual participants, from Tuesday, May 11, through Wednesday, June 30, on FAU’s Boca Raton campus, 777 Glades Road.

The Harlem Renaissance, which occurred in Harlem during the 1920s and 1930s, shaped black culture for generations and influenced American society. The movement was “surely as gay as it was black, not that it was exclusively either of these,” according to historian Henry Louis Gates, whose research the exhibition’s title is extracted from.

“I think most people like to draw neat little identity lines around people,” said Jack Rutland, executive director of the Stonewall Library Museum Archive in Fort Lauderdale, which organized the exhibition. “With this exhibition, we hope to blur those lines to show that when people come together in a place at a time, amazing things can happen when identity ceases to matter quite so much.”

Few of the artists and writers profiled in the exhibition can be considered “out” or “gay” in any modern sense of the terms. The Harlem Renaissance was moved along by men and women who led double lives. Many imbued their work with coded references to their sexuality.

Profiled are such famous people as writer Richard Bruce Nugent, whose “Smoke, Lillies and Jade” is praised as the first published black gay short story. Langston Hughes, who is considered one of the foremost writers of the Harlem Renaissance and author of “The Weary Blues,” also is featured. Zora Neale Hurston, a writer and folklorist whose best known work “Their Eyes Were Watching God” was set in Central and South Florida in 1937, is another leading figure profiled. Poet and novelist James Weldon Johnson, a Jacksonville native who with his brother John Rosamond composed “Lift Every Voice and Sing,” the song now known as the Negro National Anthem, is another artist the exhibition pays tribute to.

The exhibition also features a section acknowledging that not all contributors of the Harlem Renaissance were homosexual. Historian W.E.B. Du Bois; actor Paul Robeson; artist Aaron Douglas; dancer Bill “Bojangles” Robinson; songwriter Eubie Blake; bandleaders Duke Ellington and Cab Calloway; and musicians Louis Armstrong and Fats Waller are among those noted.

The Harlem Renaissance ended with the outbreak of World War II. In the ensuing post-war decades, the sexuality of many of its leading figures has been overlooked.

“It was a subject that none of us at Stonewall had seen addressed very fully in any of the existing literature on the Harlem Renaissance,” said Rutland. “We also discovered it was a wonderfully unusual gay/lesbian history story. Usually the history of a minority in America ended up being a tale of repression and rebellion. This was a tale of creativity, cooperation and coming together.”

The library will host two events related to the exhibition in June, which is national Gay and Lesbian Pride Month. Aaron Kula, director of music collections and performance at the library, and the seven-piece Klezmer Company Jazz Ensemble will present a “Musical Tribute to the Harlem Renaissance” on Sunday, June 13, at 3 p.m. on the library’s fifth floor. The performance will feature a guest vocalist and historical commentary. Tickets are $10 and can be purchased by calling the FAU Box Office at 1-800-564-9539.

A panel discussion and forum titled “Looking for Understanding and Acceptance in a Diverse World” will be held on Thursday, June 17, at 7 p.m. on the library’s fifth floor. The discussion, which is free and open to the public, will feature community activists, as well as FAU staff and students.

June was chosen as Gay and Lesbian Pride Month to remember a riot in 1969 at the Stonewall Inn in Manhattan that is thought to be the beginning of the gay liberation movement in the U.S.

“This exhibit and lecture continue the FAU Libraries’ community engagement, using library resources to explore topics of interest to many people and celebrate the diversity of our culture,’’ said Dr. William Miller, dean of Libraries at FAU. “We encourage people to see the exhibition and participate in the forthcoming lecture and discussion.”

Stonewall Library Museum Archive documents, explores and honors the gay, lesbian, bisexual and transgender past while striving to inform, inspire and engage this and the next generation of its community’s leaders. Funding for Stonewall is provided in part by the Broward County Board of County Commissioners as recommended by the Broward Cultural Council, and is supported by the National Endowment for the Arts, The Stella Fund and the Community Foundation of Broward.

The exhibition can be viewed during library hours, which can be found at http://www.facebook.com/l/878d3;www.library.fau.edu/geninfo/hours.htm?boca or by calling 561-297-3770. For more information on the exhibition, call Sara Landset at 561-297-3921 or Jack Rutland at 954-763-8565.

Palm Beach County School District to Prohibit Anti-Gay Discrimination

2010-04-29T16:34:00.000-07:00

Out In West Palm Beach
April 28, 2009

(West Palm Beach, Florida) More than 19 years after first being asked to prohibit discrimination based on sexual orientation, members of Palm Beach County's school board unanimously voted this evening to amend the school district's Equal Opportunity Policy and its Policy Prohibiting Discrimination and Harassment to include "sexual orientation" and "gender identity or expression." The two policies are expected to be formally adopted at a public hearing within the next few weeks.

"Good things come to those who wait, and we have waited a long, long time," said Rand Hoch, President of the Palm Beach County Human Rights Council.

The Council is a local non-profit organization dedicated to ending discrimination based on sexual orientation, gender identity and gender expression.

In 1991, the Council first asked the School Board of Palm Beach County to prohibit discrimination against the school district's gay and lesbian employees.

"Back then, a few members of the school board actually wanted to reserve the right to discriminate against gay and lesbian teachers," said Hoch. "They did not want to have the words 'sexual orientation' in any school district policy."

After months of discussion, in an attempt to compromise, the school board revised the school district's nondiscrimination policies by eliminating the references to all protected classes.

"It was an absurd compromise," said Hoch. "Race, religion, national origin, color, sex, age, marital status and handicap were all removed from the school district's nondiscrimination policy."

"The purpose of anti-discrimination policies is to inform employers and employees what is prohibited," Hoch told The Palm Beach Post at the time. "Unless you are a civil rights lawyer, this policy will not let you know what is prohibited."

The school district's compromise policy was short lived.

In 1996, the US Supreme Court addressed the issue in the landmark gay rights case Romer v. Evans.

Writing for the majority Justice Anthony Kennedy noted, "Enumeration is the essential device used to make the duty not to discriminate concrete and to provide guidance for those who must comply."

As a result, the school board restored the listing of protected classes in the district's anti-bias policies - but still refused to add sexual orientation.

In 2002, the Council renewed its efforts to have the school board take steps to protect gay and lesbian students and employees from discrimination and harassment. Over the years that followed, the school board made painfully incremental progress.

The Council's first priority was to protect public schools students who were being subjected to harassment at school.

After extensive lobbying by the Council, in 2003 the school board adopted a policy protecting students against harassment based on sexual orientation. Following additional lobbying by the Council, in 2008, the school board agreed to include gender identity or expression.

In 2006, the school district adopted a commercial nondiscrimination policy that prohibited the school board from contracting with any business that discriminated on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, age or disability. The policy was amended in 2009 to include gender identity or expression.

"The school district's policy required contractors to affirm that they would not discriminate against gay men and lesbians," said Hoch. "But until now, the school board showed little interest in a policy that would impose the identical requirements on the School District of Palm Beach County."

Noting the inconsistencies among the school districts various nondiscrimination policies, the Council repeatedly asked the school board to conform all of the nondiscrimination policies to each other and to the applicable anti-discrimination laws.

"It should not have taken so many years to persuade the school board to protect gay and lesbian employees from discrimination," said Hoch.

URL: http://www.outinwestpalmbeach.com/home/news.asp?articleid=34130

Act Now LGBT and Allied Groups Call on Congress to Pass ENDA Now

2010-04-21T13:50:00.000-07:00

More than 200 Organizations Demand Immediate Action

(Washington, DC, April 21) — Today, the nation’s leading lesbian, gay, bisexual and transgender (LGBT) organizations, along with allies in the faith, labor and civil rights communities, issued the following statement to members of the United States Congress:

“Pass the Employment Non-Discrimination Act NOW.”

Equality Federation, Toni Broaddus, Executive Director
Family Equality Council, Jennifer Chrisler, Executive Director
Gay and Lesbian Advocates and Defenders (GLAD), Lee Swislow, Executive Director
Human Rights Campaign, Joe Solmonese, President
National Black Justice Coalition, Sharon J. Lettman, Executive Director/CEO
National Center for Lesbian Rights, Kate Kendell, Esq., Executive Director
National Center for Transgender Equality, Mara Keisling, Executive Director
National Gay and Lesbian Task Force Action Fund, Rea Carey, Executive Director
National Stonewall Democrats, Michael Mitchell, Executive Director
Parents, Families and Friends of Lesbians and Gays National, Jody M. Huckaby, Executive Director
Pride at Work, AFL-CIO, Peggy Shorey, Executive Director
Out & Equal Workplace Advocates, Selisse Berry, Founding Executive Director
Transgender Law Center, Masen Davis, Executive Director
CenterLink: The Community of LGBT Centers, Terry Stone, Executive Director
Gay, Lesbian and Straight Education Network, Shawn Gaylord, Director of Public Policy
A. Philip Randolph Institute (APRI), Clayola Brown, President
Advocates for Youth, James Wagoner, President
African American Ministers in Action, Rev. Timothy McDonald, Chairman
AID Gwinnett, Larry M. Lehman, Executive Director
AIDS Action Council, William D. McColl, Political Director
Alabama Gender Alliance, J. D. Freeman, President
Alaska Together for Equality, Inc., Elias Rojas, Board President
Aleph: Alliance for Jewish Renewal, Debra Kolodny, Executive Director
American Federation of State, County and Municipal Employees (AFSCME), Gerald W. McEntee, President
American Federation Of Teachers, Randi Weingarten, President
American Humanist Association, Karen Frantz, Communication and Policy Director
Arizona Stonewall Democrats, Erica Keppler, Chair
Arizona Trans Alliance, Erica Keppler, Co-Chair
Asian Pacific American Labor Alliance (APALA), Amado Uno, Executive Director
Association of Flight Attendants – CWA, Patricia Friend, President
Atlanta Stonewall Democrats, Tim Cairl, President
Basic Rights Oregon, Jeana Frazzini, Executive Director
Baystate Stonewall Democrats, Claire Naughton, President
Bi Writers Association, Sheela Lambert, Founder
Bisexual Resource Center, Ellyn Ruthstrom, President
Black Pride Los Angeles, Milton Smith, Board President
California Council Of Churches/IMPACT, The Rev. Dr. Rick Schlosser, Executive Director
California Faith for Equality, Kerry Chaplin, Interfaith Organizing Director
Celtic Circle Church of US and Scotland, Rev. Lord Arteo MacAiken Sneath, Founding Elder Clergy/CEO
Central City AIDS Network, Inc, The Rainbow Center, Johnny Fambo, Executive Director
Cleveland Stonewall Democrats, Robert F. Rivera, President
Coalition of Labor Union Women (CLUW), Karen J. See, President
COLAGE, Beth Teper, Executive Director
Colorado Stonewall Democrats, Karen Bachman, Vice-Chair
Communications Workers of America, Annie Hill, Executive Vice President
Community Alliance and Action Network, Tim Pierce, President
Community Health Awareness Council, Monique Kane, Executive Director
Congregation Beth Simchat Torah, Rabbi Sharon Kleinbaum, Rabbi
Consortium for Higher Education LGBT Resource Professionals, Debbie Bazarsky, Co-Chair
Coqsure, Cris Land, Founder and Administrator
DC Trans Coalition, Sadie-Ryanne Baker, Leadership Committee Co-Chair
Democratic Party of Oregon, Meredith Wood-Smith, Chair
Department for Professional Employees, AFL-CIO (DPE), Paul Almeida, President
DignityUSA, Marianne Duddy-Burke, Executive Director
Empire State Pride Agenda, Joe Tarver, Interim Executive Director
Equal Rights Washington, Joshua Friedes, Executive Director
Equality Alabama, Lori Stabler, Board Co-Chair
Equality Arizona, Mike Remedi, Co-Chair Board of Directors
Equality California, Geoff Kors, Executive Director
Equality Florida, Nadine Smith, Executive Director
Equality Hawaii, Paul Gracie, Co-Chair
Equality Illinois, Bernard Cherkasov, Esq., CEO
Equality Iowa, Sandy Vopalka, Founder
Equality Maine, Betsy Smith, Executive Director
Equality Maryland, Morgan Meneses-Sheets, Executive Director
Equality North Carolina, Ian Palmquist, Executive Director
Equality Ohio, Sue Doerfer, Executive Director
Equality South Dakota, Robert Doody, Chair
Equality Texas, Chuck Smith, Interim Executive Director
Equality Toledo Community Action, David Mann, President
Fair Housing of Marin, Nancy Kenyon, Executive Director
Fair Housing Partnership of Greater Pittsburgh, Peter Harvey, Executive Director
Fair Wisconsin, Katie Belanger, Executive Director
Fairness West Virginia, Stephen Skinner, President
Families United Against Hate (FUAH), Gabi Clayton, Board President
Female-To-Male International, Rabbi Levi Alter, President
Fight OUT Loud, Waymon Hudson, President
Florida GLBT Democratic Caucus, Michael Albetta, Caucus President
Florida Together, Ted Howard, Executive Director
FORGE, Michael Munson, Executive Director
Forum For Equality, SarahJane Brady, Managing Director
Forward Montana, Matt Singer, CEO
Freedom to Marry, Evan Wolfson, Executive Director
FTM International Albuquerque, NM Chapter, Adrien Lawyer, Leader
FTM International Atlanta, GA Chapter, BT, Leader
FTM International Bay Area, CA AFLOAT-SOFFA Chapter, Genie Moore, Leader
FTM International North Texas Chapter, Clay Rieber, Leader
FTM International Ohio Chapter, Jake Nash, Leader
FTM International Sacramento, CA Chapter, Marty Diaz, Leader
FTM International San Buenaventura, CA Chapter, Seth Mwansa, Leader
FTMI International San Diego, CA Chapter, Connor Maddocks, Leader
Garden State Equality, Steven Goldstein, Chair and CEO
Gay And Lesbian Labor Activist Network
Gay & Lesbian Medical Association, Rebecca Allison, MD, President
Gay City Health Project, Fred Swanson, Executive Director
Gay Grassroots of Northwest Florida, Doug Landreth, Founder
Gay Liberation Network, Andy Thayer, Co-Founder
Gay Straight Alliance for Safe Schools, Cindy Crane, Executive Director
Gays and Lesbians United Against Discrimination, Caleb Laieski, Executive Director
Gay-Straight Alliance Network, Carolyn Laub, Executive Director
Greater Seattle Business Association GSBA, Louise Chernin, Executive Director
Gender Justice LA, Latrice Johnson, Executive Director
Gender Rights Advocacy Association of NJ, Barbra Casbar Siperstein, Director
Gentle Spirit Christian Church, Rev. Paul M. Turner, Senior Pastor
Georgia Equality, Jeff Graham, Executive Director
Georgia Rural Urban Summit, Larry Pellegrini, Executive Director
Gertrude Stein Democratic Club, Jeffrey D. Richardson, President
GetEQUAL, Kip Williams, Co-Founder
GLBT Bar Association of Washington, Cynthia Buhr, President
Harvey Milk LGBT Democratic Club, San Francisco, David Waggoner, Co-President
H.E.R.O., Meg Sneed, Co-founder
Holy Sprit Ecumenical Church – Largo, FL, Rev Steven M. Rosczewski, Pastor
Housing Opportunities Made Equal, Inc, Scott W. Gehl, Executive Director
Human Rights Campaign of Vanderbilt University, Luis Munoz, President
Immigration Equality, Julie Kruse, Policy Director
Ingersoll Gender Center, Marsha Botzer, Co-President
Integrity USA, John Clinton Bradley, Acting Executive Director
Interfaith Coalition for Transgender Equality, The Rev. Dr. Cameron Partridge, Co-Chair
International Court Council, Coco LaChine, President
International Federation of Black Prides, Inc, Earl Fowlkes, President/CEO
International Union of Painters and Allied Trades, AFL-CIO, James A. Williams, General President
Jacksonville Now, Jeremy Gould, CEO
Jefferson County, Colorado, Democratic Party, GLBT Caucus, David Reaser, Chair
Jewish Family & Career Services – The Rainbow Center in Atlanta, Gary Miller, CEO
Juxtaposed Center for Transformation, Inc, Tracee McDaniel, Executive Director
Kalamazoo Gay Lesbian Resource Center, Antonio David Garcia, Executive Director
Kentucky Fairness Alliance, Travis Myles, Chairperson
Keshet, Idit Klein, Executive Director
KnoxBoyz of East Tennessee, BEAR A-M Rodgers, Founding Executive Director
KnoxGirlz of East Tennessee, Deirdre Radcliffe, Executive Director
Labor Council for Latin American Advancement (LCLAA), Hector E. Sanchez, Executive Director
LaGender Inc, Dee Dee Chamblee, Executive Director
Lambda Legal, Kevin Cathcart, Executive Director
Lavender Caucus SEIU, Eastern Region, Tony Fernandes, President
Legal Aid Services of Broward County, Anthony J. Karrat, Esq., Executive Director
Legal Aid Society – Employment Law Center, Joan M. Graff, President
Legal Voice, Lisa Stone, Executive Director
Lepoco Peace Center, Nancy Tate, Executive Director
Lesbian and Gay Democratic Club of Queens (LGBDQ), Bruce Friedman, President
Lesbian and Gay Family Building Project, Claudia E. Stallman, Project Director
LGBT Stonewall Caucus of the Democratic Party of Virginia, Roland Winston, Chairman
Log Cabin Republicans, Terry Hamilton, National Chairman
Long Island Housing Services, Michelle Santantonio, Executive Director
Love Makes a Family PAC, Martin L. Heft, Chairman
Lutherans Concerned/North America, Ross Murray, Interim Executive Director
Maine Transgender Network, Inc, Alex Roan, Executive Director
Massachusetts Lesbian & Gay Bar Association, David Eppley, Co-Chair
Massachusetts Transgender Political Coalition, Gunner Scott, Executive Director
Mautner Project: The National Lesbian Health Organization, Leslie J. Calman, Ph.D., Executive Director
MEGA Family Project, Kathy Kelly, Executive Director
Metropolitan Community Churches, The Rev. Elder Nancy Wilson, Moderator
Miami Valley Fair Housing Center, Inc., Jim McCarthy, President/CEO
Michigan AIDS Coalition, Detroit, Michigan, Craig Covey, Operating Officer
More Light Presbyterians, Michael J. Adee, Executive Director
NAACP, Hilary O. Shelton, Director NAACP Washington Bureau & Senior VP for Advocacy and Policy
National Caucus SEIU, Tom Barbera, President
National Coalition for LGBT Health, Rebecca Fox, Executive Director
National Council of Jewish Women, Nancy Ratzan, President
National Fair Housing Alliance, Shanna L. Smith, President and CEO
National Marriage Boycott, Laura Wadden, Executive Director
National Organization for Women – Alabama, Shirley Ann Rawls, President
National Student Genderblind Campaign, David Norton, Executive Director
National Youth Advocacy Coalition (NYAC), Gregory Varnum, Executive Director New Hampshire Freedom to Marry Coalition, Mo Baxley, Executive Director
New Mexico GLBTQ Centers, David Stocum, Executive Director
New York Association for Gender Rights Advocacy (NYAGRA), Pauline Park, Chair
New York Transgender Rights Organization (NYTRO), Joann Prinzivalli, Executive Director
Northwest PA Trans Group, Joanne Lynn Benjamin, Founder
Office & Professional Employees International Union (OPEIU), Nancy Wohlforth, Secretary-Treasurer Emerita
One Colorado, Lea Ann Purvis, Interim Executive Director
Our Family Coalition, Judy Appel, Executive Director
Out4Immigration, Amos Lim, Founding Board Member
OutFront Minnesota, Amy Johnson, Executive Director
Outlet Program, Eileen Ross, Director
Outright Vermont, Melissa Murray, Executive Director
PA Diversity Network, Liz Bradbury, Executive Director
Palm Beach County Human Rights Council, Rand Hoch, President and Founder
Parents, Families and Friends of Lesbians, Gays, Bisexual and Transgender Individuals of Jacksonville, FL, Frieda Saraga, President
People For the American Way, Michael B. Keegan, President
Perpetual Transition, Casey Lanham, Co-Founder
PFLAG-Vero Beach, Carl Burns, Treasurer
Pikes Peak Gay & Lesbian Community Center, Ryan Acker, Executive Director
Pride At Work, Martin Luther King County WA Chapter, Mike Andrews, Secretary-Treasurer, Chapter Lead
Pride Tampa Bay, R. Zeke Fread, Executive Director
PROMO (Missouri), A. J. Bockelman, Executive Director
Religious Institute, The Reverend Debra W. Haffner, Executive Director
Respect Resource Group, Blue Cross and Blue Shield of Florida, Randy Kammer, Executive Sponsor
Rockway Institute, a unit of the California School of Professional Psychology at Alliant International University, San Francisco campus, Robert-Jay Green, Executive Director
Room for All (Reformed Church in America), Rev. Robert D. Williams, Founding Co-President
RU12? Community Center and Vermont TransAction, Kara DeLeonardis, MSW, LICSW, Executive Director
S. U. R. E. Foundation, Dr. Mekah Gordon Ph.D., Founder/CEO
Safe Schools Coalition, Kyle Rapinan, Co-chair
San Francisco LGBT Community Center, Rebecca Rolfe, Executive Director
Santa Cruz County Task Force for LGBTIQ Youth, Stuart Rosenstein, Chair
SEIU 509 Lavender Caucus, Tom Barbera, President
Service Employees International Union, Anna Burger, International Secretary Treasurer
Sexuality Information and Education Council of the U.S. (SIECUS), Joseph DiNorcia Jr., President and CEO
SOFFAs of East Tennessee Transgenders, Valerie Knight, Executive Director
South Bay Transmen, Lance Moore, Organizer
South Carolina Equality, B. Dean Pierce, Chair, Board of Directors
Stonewall Democratic Club of New York, Joseph G. Hagelmann, III, President
Stonewall Democratic Club of Southern Nevada, Derek Washington, Chair
Stonewall Democrats of Volusia & Flagler, Larry Glinzman, President
Stonewall Democrats of Pasco County, Jocelyn A. Dickman, President
Sunshine Social Services, Inc/SunServe, Mark Adler, MPH, Executive Director
Tennessee Equality Project, H.G. Stovall, Board President
Tennessee Equality Project Foundation, Randy Cox, President/Chair
Tennessee Transgender Political Coalition, Marisa Richmond, Ph.D., President
Tennessee Vals, Vickie Davis, Chair Woman
The American Institute of Bisexuality, Denise Penn MSW, Director
The Center (Des Moines, Iowa), Sandy Vopalka, Administrator
The Center For Artistic Revolution, Randi M. Romo, Executive Director
The Center for HIV Law and Policy, Catherine Hanssens, Executive Director
The Center for Lesbian and Gay Studies in Religion and Ministry (CLGS), Bernard Schlager, Ph.D., Executive Director
The Crystal Club, Barbie Rogers, President
The Family Tree LGBT Community Center, Jim Van Riper, Co-Chair
The Institute for Judaism and Sexual Orientation, Hebrew Union Collage-Jewish Institute of Religion, Dr. Joel Kushner, Director
The Pride Center at Equality Park, Paul Hyman, Executive Director
Trans/Giving Arts Showcase, Kalil Cohen, Lead Organizer
Trans-Action Initiative of Bard College, Kira Gilman, Club Head
TransActive Education & Advocacy, Jenn Burleton, Executive Director
Transgender at Work, Mary Ann Horton, Chair
Transgender Education Network of Texas, Lisa Scheps, Executive Director
Transgender Equality Rights Initiative (TERI), Jacqui Charvet, Co-Administrator
Transgender Legal Defense & Education Fund, Michael Silverman, Executive Director
TransOhio, Shane Morgan, Founder & Chair
Triangle Community Center, Norwalk, CT, Christopher J. Spiegelman, Board President
Triangle Foundation/Michigan Equality, Alicia Skillman, Executive Director
Tucson GLBT Chamber of Commerce, Sheldon Fishman, President
UNITE HERE International Union, John Wilhelm, President
United Church of Christ, Justice and Witness Ministries, Rev. M. Linda Jaramillo, Executive Minister
Unitarian Universalist Legislative Ministry, CA, Rev. Lindi Ramsden, Executive Director
Vermont Freedom to Marry Action Committee, Beth Robinson, Chair
Washington Gender Alliance, Rory Gould, President
Western Mass Pride at Work, David James, President
WKJCE TLGB Radio, Alanna Maneer, Co Founder
Women’s Alliance for Theology, Ethics, and Ritual (WATER), Mary E. Hunt, Executive Director
YouthPride, Inc, Terence McPhaul, Executive Director

Gay, lesbian hospital rules change celebrated by local activists

2010-04-16T14:58:00.000-07:00

By Lona O'Connor
Palm Beach Post Staff Writer

Friday, April 16, 2010

Activists in Palm Beach County were delighted Friday by President Obama's move to issue new rules covering hospital visitation by gay and lesbian partners, even though a county ordinance provides similar protections.

"This is monumental for people in the gay and lesbian community," said Rand Hoch, president of the Palm Beach County Human Rights Council. "No matter where you live in America, you will be treated in the same way."

In Palm Beach County, an ordinance on the books since 2006 allows gay, lesbian and straight domestic partners to register. Once registered, the domestic partner has the ability to make health-care decisions for his or her partner.

A highly publicized 2007 Miami case showed what can go wrong when hospital employees deny a domestic partner access to his or her loved one.

Janice Langbehn was separated for eight hours from Mary Pond, her partner of 18 years, because Langbehn was not carrying documents proving that she was Pond's domestic partner. As Langbehn struggled to get the documents, Pond slipped into a coma and died alone.

On Monday, Jackson Memorial Hospital, where the incident occurred, announced new rules to protect domestic partners from a recurrence of the Langbehn case.

Obama called Langbehn from Air Force One on Thursday to let her know that he ordered all hospitals accepting federal Medicare and Medicaid money to allow visitation by domestic partners.

As usual, the devil could be in the details.

Though Palm Beach County offers protection to same-sex couples, the state does not. If a same-sex partner is unable to document his or her relationship to the sick or injured person, Florida hospitals are legally required to revert to a "next of kin" rule, calling parents, siblings and other relatives before they can recognize the domestic partner, said James Beaudreau, education and policy director of the San Francisco-based advocacy group Gay and Lesbian Medical Association.

Hoch and others urge people to carry laminated wallet-sized copies of their domestic-partner registrations that they can show to hospital personnel.

The presidential memo sends a strong signal to hospitals to make sure their policies do not discriminate.

"This is just a memorandum," said Beaudreau. "But it demonstrates that there is recognition (of gay couples) at the highest level."

Obama gave federal agencies 180 days to work out the details.

The next step, said Beaudreau, is to make sure hospital personnel are trained not to discriminate.

Hoch said that since the 2006 county ordinance protecting gay and lesbian domestic partners, he has not heard of any case such as the Langbehn incident.

And he does not anticipate any in the near future.

"Let me put it this way," Hoch said. "I would not want to be the person in the hospital who denies a legitimate domestic partner the right to help."

lona_oconnor@pbpost.com

Incoming Florida Atlantic University President Saunders Called On To Address Gay Issues

2010-04-15T15:32:00.000-07:00

(Boca Raton, Florida) In the "Price of Silence" lecture at Florida Atlantic University this evening, gay activist Rand Hoch, called on incoming FAU president Mary Jane Saunders to address gay, lesbian, bisexual and transgender issues when she assumes her responsibilities at the state university this summer.

Hoch, who served as Florida's first openly gay judge, is president of the Palm Beach County Human Rights Council. Since 1988, the Council has persuaded public employers in Florida to enact more than sixty laws and policies benefiting Florida's gay, lesbian, bisexual and transgender residents.

The Council began working on gay issues with Florida Atlantic University in 2005. Individual faculty members and the FAU chapter of the United Faculty of Florida have been working on these issues behind the scenes for well over a decade.

Addressing FAU faculty and students in Barry Kaye Hall, Hoch called for an end to the "culture of silence" regarding gay issues at the university.

"For years, those on the FAU faculty and staff who have raised gay issues have felt marginalized or ignored. Some have even been subjected to ridicule for publicly addressing gay concerns," said Hoch. "After a while some of these gay and gay-supportive individuals became silent. Some have told me it wasn't just the marginalization they feared, they feared reprisal."

"Eight of the eleven state universities have clearly written policies which specifically prohibit discrimination based on sexual orientation," said Hoch. "But not FAU."

The University of Florida, the University of North Florida, the University of Central Florida, the University of South Florida, the University of West Florida, Florida Gulf Coast University, Florida International University and New College of Florida all have nondiscrimination policies which specifically prohibit discrimination based on sexual orientation.

"With Dr. Saunders's leadership, progress could be made," said Hoch. "Send an e-mail to President Sauders welcoming her to Florida Atlantic University. Ask her to set up a task force to specifically address the concerns of your university's gay, lesbian, bisexual and transgender community."

"During his tenure as FAU President, Frank Brogan steadfastly refused to include the words 'sexual orientation' in the nondiscrimination policies and he ignored all requests regarding domestic partner benefits," said Hoch.

Brogan stepped down as the university's president last year to become chancellor for the State University System of Florida.

In 2003, after the FAU Faculty Senate overwhelmingly passed a motion supporting domestic partner benefits, then-Provost Ken Jessell put together a committee to study domestic partner benefits. In its report, the committee strongly recommended that FAU offer domestic partner benefits.

"That was six and one-half years ago,"said Hoch. "FAU still does not offer domestic partner benefits."

More than a dozen of Florida's public universities and colleges now offer domestic partner benefits to their employees. The schools include the University of Florida, the University of South Florida and Florida International University as well as at Brevard Community College, Broward College, Central Florida Community College, Florida Keys Community College, Hillsborough Community College, Lake-Sumter Community College, Manatee Community College, Miami-Dade College, Okaloosa-Walton College, Palm Beach State College, Pasco-Hernando Community College, Santa Fe Community College and Seminole Community College.

"Based on what other state institutions of higher learning are paying to implement domestic partner benefits in their workplaces, the cost of offering domestic partner benefits at FAU would probably be around $35,000 - basically the cost that any two of FAU's 22,000 students pay to attend the school for one year," Hoch predicted.

Cleveland State University, where Dr. Saunders served as provost, maintains a Safe Space Program whose goal is to create visible peer support and awareness of, for, and among gay, lesbian, bisexual, transgender and questioning students.

"The CSU Safe Space Program recognizes that while other minority students can easily identify role models and mentors, the invisibility of sexual orientation makes it very difficult for gay students to ascertain where they can safely turn for support and information," said Hoch "The Safe Space program provides these students with access to and recognition of individuals of all sexual orientations and gender identities who are available to aid LGBT students in making connections with the resources available to them."

Hoch asked the assembled faculty and students to call on President Saunders to establish a Safe Space Program at FAU.

WELLINGTON WELCOMES GAY POLO, BUT NOT GAY RIGHTS

2010-04-15T15:14:00.000-07:00

From: OUT IN AMERICA

(Wellington, Florida) On April 3, the Village of Wellington played host to the world's first international gay polo tournament. Two days later, Village Attorney Jeffrey Kurtz rejected a local gay rights group's request to revise the Village's employment policies to prohibit discrimination based on sexual orientation and gender identity.

"The people who bring their horses -- and their dollars -- to Wellington are extremely gay friendly," said Rand Hoch, President of the Palm Beach County Human Rights Council .

The Council is a local non-profit organization dedicated to ending discrimination based on sexual orientation, gender identity and gender expression.

"Gay men and lesbians have long been a very visible part of Wellington's equestrian community," said Jamie Todd Foreman, an openly gay attorney who lives in nearby Lake Worth.

Early this year, after the Gay Polo League announced it would hold its first national polo tournament in Wellington, the Council sent a letter to Village Manager Paul Schofield requesting him to update Village policies to prohibit discrimination against gay, lesbian, bisexual and transgender Village employees.

Wellington previously denied similar requests made in 2006 and 2008, according to Hoch.

"Since Wellington was now welcoming gay polo, the Council expected a positive response this year," said Hoch."We really were taken aback by the Village's denial of our request."

Since 1988, the Palm Beach County Human Rights Council has been successful in persuading local municipalities adopt gay inclusive nondiscrimination policies.

"More than sixty percent of Palm Beach County's cities, towns and villages now have gay inclusive nondiscrimination policies," said Hoch. "Wellington's continued refusal to adopt gay inclusive policies is the exception, not the rule.

Two openly gay men and one lesbian currently serve as mayors of Palm Beach County municipalities, and the city manager of another city is transsexual, according to the Palm Beach County Human Rights Council.

"In Florida, you can't get more gay welcoming than Palm Beach County," said Foreman.

The gay polo tournament.was a tremendous success. Nearly 1,500 people, including hundreds of openly gay men and lesbians, mingled in the Florida sunshine, tailgating and watching four teams compete at the Grand Champion Polo Club's fields.

"It is such a pleasure and an honor to have this event in Wellington," said Wellington resident Robert Dover, a six-time U.S. Olympic dressage rider

"Everyone had a great afternoon," said Hoch. "Even Nacho was there, having fun with brought his kids".

Nacho Figueras, who is considered one of the world's best polo players, is also a top model for Ralph Lauren fragrances.

Gay Polo League president Chip McKenney is considering having the league return to Wellington in 2011 for another tournament with more players and spectators.

The Palm Beach County Human Rights Council expects Wellington to revise the policies before next year's tournament.

"Our next step is to appeal directly to the Mayor and Village Council," said Hoch. Hopefully they will understand that Wellington's public image is now under scrutiny." [4/13/10]

Tax Filing Information for Gay and Lesbian Couples

2010-04-12T15:18:00.000-07:00

If you are a gay couple, legally married in a state or country that performs such marriages, can you file your federal income tax return as married even if the federal government refuses to acknowledge your marriage?

General Answer: Because the Defense of Marriage Act (DOMA) defines marriage for federal tax purposes as excluding same-sex couples, only opposite-sex couples can file as married.

Note: GLAD has filed suit in federal district court in Massachusetts, claiming that DOMA is unconstitutional. Their lawsuit includes a number of plaintiffs who want to file their tax returns as married rather than single. For information about this lawsuit, go to www.glad.org.

Tax advisers have warned same-sex married couples not to file as married (either jointly or separately) because of the possible imposition of penalties for doing so. Yet the federal return requires you to swear under penalties of perjury that all statements in the return are true. If you object to signing this statement on a return in which you have been forced by the federal government to lie about your marital status, there are some things you can do.

One option is to put an asterisk by the single box and at the bottom of the form indicate that you are only single under DOMA. Another option is to include an attachment to your return, similar to the following:

Sample Attachment to Federal Tax Return Affirming Marriage

Name of taxpayer:Social Security #:

The above named taxpayer married a person of his/her same sex in [place] in [year]. The taxpayer has not filed this return as "married" (either jointly or separately) solely because the Defense of Marriage Act (DOMA) defines marriage as a legal union between a man and a woman. By filing as "single," the taxpayer is in no way disavowing his/her marriage.

Some tax advisers have suggested that you might be able to file a joint return if you not only had a sincere belief that DOMA was unconstitutional, but also had a reasonable legal opinion to that effect. Section 6664(c) of the Internal Revenue Code provides that “no penalty shall be imposed [for the underpayment of tax] if … there was a reasonable cause for [the underpayment] and the taxpayer acted in good faith….” Most legal practioners, however, are unwilling to provide their clients with a legal opinion that DOMA is unconstitutional because such an opinion is likely to subject them to preparer penalties under Section 6694. To avoid penalties, the opinion would have to be based on “substantial authority” and at the present time all courts that have considered the constitutionality of DOMA have upheld it. That could change in the future with the test case that is being pursued by GLAD.

Some commentators have suggested that in addition to meeting the reasonable and good faith requirements of Section 6664(c), you must also file Form 8275-R or Form 8275, disclosing your position, with your Form 1040. However, these forms are intended to be used when a taxpayer is taking a position contrary to a revenue ruling or a Treasury regulation, and not when the taxpayer is ignoring a statute, such as DOMA. It is unclear how a taxpayer objecting to a statute would fill out these forms, but if your intent is to disclose your position, the preferred means of disclosure is to use official IRS forms.

Penalties have been applied to other taxpayers who made constitutional claims about marital status. Some years ago a married couple, who honestly believed that the marriage tax penalty that resulted from combining their two earned incomes on a joint return was unconstitutional, elected to file their returns on the basis of single taxpayer rates. They claimed the marriage tax penalty was an unconstitutional burden on their marriage. The Court of Appeals for the Second Circuit decided otherwise and also upheld the imposition of a penalty on the couple. The lesson from this case is that you probably cannot avoid paying penalties, even if you disclose, when the law that you are ignoring is a statute, rather than a mere rule or regulation. See Druker v. Commissioner, 697 F.2d 46 (2d Cir. 1982).

The penalty for an underpayment for disregard of a rule is calculated based on a percentage of the underpayment. The amount of the penalty is an additional 20% of the underpaid tax. It isn’t clear who this penalty would be assessed againstin the case of two taxpayers who filed jointly rather than as two single people. For example, if A, filing as single, would have owed $3,000 in tax and B, filing as single would have owed $31,000, but filing jointly, together they owe only $33,000, then the underpayment that results from disregard of the statute is $1,000. Presumably the $1,000 penalty would be levied only against B, the higher of the two earners.

How can you affirm your marital status, object to DOMA, file a joint return, and not be subject to penalties? Here are two possibilities:

1. File two single returns (including the attachment affirming the marriage) and then file an amended return, filing jointly. The amended return is a 1040X. This is what the plaintiffs in the GLAD case did. Once the IRS rejects the amended return, or if six months passes and they do nothing, the taxpayers who file an amended return have the right to file suit in federal district court claiming the refund. The basis of the claim for refund by a Florida same-sex couple would be that they were married, that under the U.S. Constitution that marriage should be recognized, that it would be perjury to claim otherwise, and that DOMA itself is unconstitutional. This option would avoid penalties because your original return would be filed according to the statute.

2. Submit two returns to the IRS, one filed jointly, showing the tax due on a joint return, and one filed as a single taxpayer, showing the tax due on a single return. Explain your constitutional and moral theory entitling you to file a joint return. Pay whatever amount is due on the single return and ask the IRS to choose which return to accept. If you have paid the amount due on the basis of a single return, then you have not made an underpayment as a result of disregarding a statute. Penalties are only due if there is an underpayment. If the IRS accepts your single return and accepts your tax payment on that basis, there is no penalty. Of course if the IRS accepts your joint return and that results in a refund to you, there is no way to know what will happen if you are later audited. That would be a new case.

In many cases, of course, you will actually pay a higher tax if you file jointly. In that case, you should not owe a penalty.

THE FOREGOING IS GENERAL INFORMATION and is not intended to be relied upon as legal advice, which is the application of the law to an individual’s specific circumstances. Please consult an attorney for legal advice specific to your particular situation.

Going Offline To Get ENDA On Line: What We Need To Do Now

2010-04-11T11:02:00.000-07:00

Crossposted from Bilerico.com

It’s looking more and more like a vote on ENDA is going to be a reality. When exactly is not yet known, but on Monday, Congress will be back in session, and I hear that final scheduling will begin.
A “markup” must precede a whip count, and a whip count must precede a House vote, and each of these items requires notice, so I don’t think we’ll see a House vote before May 1.

That’s good, because we need some time to organize.

It’s not enough to write emails, and though telephone calls are good, what’s better is the community organizing to show support. Frankly, I think ENDA is going to pass the House by a large majority, but the Senate backers, Merkley and Harkin, are weak on the issues, and are going to need a lot of help.

While the news sounds optimistic, and it is, there is some serious counter-pressure. We can’t sit on the sidelines behind our computers while this is happening. If there’s not some serious cheering from the LGBT side of the stands, egging on our leaders, they will fold at crunch time. It happens all the time.

I think we ought to be organizing rallies in the key states and districts where the votes are closest to the line. That means the Senate, and that means The Nine. I refer to the 9 possible Senate yes votes that have not yet committed, Murkowski, Pryor, Lincoln, Bill Nelson, Lugar, Hagan, Conrad. Voinovich and Byrd.

That means getting neighbors together and working on getting emails of supporters together, telephone conference calls of people willing to organize, conversations with supportive family, friends and neighbors, scheduling rallies and informational meetings. And not in Washington DC, but in Juneau, Little Rock, Miami, Indianapolis, Raleigh, Bismarck, Cleveland and Charleston.

A bunch of emails and letters doesn’t cut it. A blog post about a few people who sent in letters in Butte doesn’t cut it. Four people waving signs at the side of the road outside the statehouse doesn’t cut it. Either we will have mass community support, or we will wait for another shot at ENDA down the road.

When This Is Happening

According to the Advocate, a source with knowledge of the process said the floor vote was likely to be scheduled first, at which point the committee vote would then be coordinated to precede it by about a week.

The source said that representatives Barney Frank, Tammy Baldwin, and Polis would undertake an informal vote count (known as a “whip count” in Hill patois) upon returning from recess on April 12 and, assuming the numbers look good, majority whip Jim Clyburn would launch an official whip count while the Democratic leadership worked on scheduling a floor vote.

So that will take time, and that will give us time.

We’re going to need a strong, diverse strategy.

Who Needs To Do What And When

We’re going to need the advocacy organizations, like HRC, The Task Force, NCLR, and NCTE, which have staffs and budgets to weigh in on Capitol Hill with their suave lobbyists and glossy flyers.

Equally important are the state organizations, that have connections to local people who can be mobilized to bring local pressure to bear in the district.

We also need people who can bring respectful civil disobedience to bear when that type of pressure is needed.

Lastly, the most important element is spontaneous community organizing in local areas. While some organizations have some facility with this, like HRC, which has been continuously working in the background on the weak links through community organizing, like Rep. Bill Owens from upstate New York, and the Diaz-Balart brothers in Florida, we need locals successfully organizing the local community to talk to those legislators and demand equality through meetings and rallies.

Organizations are good, but it is no substitute for individuals standing together in solidarity. At the same time, organizations can be helpful in bringing that about. We need a partnership between our federal and state organizations — and we have one. It’s called United ENDA. I hope that the people running United ENDA will use their connections to bring about community organizing from the ground up (not the top down). Parachuting someone in from DC to hold a rah rah session and post a note online about it does not cut it. They are going to have to work with local activists, many of whom are not necessarily tony white-shoe suavity machines, but who want justice for their communities. They’re contradictory, weighed down by day-jobs, not always quick to return phone calls or to go along with the corporate line, but they are essential in this fight.

Did you notice how Organizing For America handled health care reform? They collected millions of emails and used them not only to ask people to call their legislators, but also organized local meetings and info sessions and rallies. They had websites you could go to that would give you five names of local supporters in the swing districts, and you could call them and ask them to call their legislators or attend a meeting. I did that several times. With all the money our community has, why don’t we have those things at work?

Why We’re Having Problems In The Senate And What To Do About it

One thing I’m thankful for is that freshman Senator Jeff Merkley, whose silence on ENDA suggests that he is overwhelmed by his new job and not up to leading in this fight, is not being left to twist in the wind by the Dems. As the Advocate reports, Sen. Tom Harkin of Iowa is also playing a central role in shepherding the measure since he chairs the Health, Education, Labor, and Pensions Committee. In 1990, Harkin sponsored and helped pass the Americans With Disabilities Act, which prohibited discrimination against people with disabilities. Obviously he knows how to make legislation happen, but I’m concerned about his understanding of the issues.

Frankly, I think Senator Harkin frankly needs a kick in the pants too, after his Senate hearing omitted any transgender witnesses, the one thing that HRC is now bemoaning that the Senate doesn’t have enough education on.

As reported in The Advocate story, Alison Herwitt, HRC’s legislative director acknowledged that the Senate poses more hurdles because of that issue. “We still need to continue to do education in the Senate around the gender identity language,” she said, adding that House members were much more proficient on the issue.”

Where were these people when the trans-less Senate hearing was being organized?

And then The Advocate story quotes a source familiar with Harkin that made me cringe:

“It’s doable this year, but far from assured,” said the source, adding that Harkin has personally vowed to help lobby his colleagues one-on-one for the bill. “He’s committed to working on it. It’s going to require a lot of work with the moderates to convince them that this isn’t an election loser.”

With friends like that, who needs enemies?

Get Moving

HRC and NCTE and the other orgs are going to need to offer daily assistance to the state organizations that actually have people on the ground in those cities, and GetEqual, Equality Across America and JoinTheImpact are going to need to start calling meetings in those cities where we need feet on the ground.

Hey DC orgs, what are you willing to do to help local activists in those cities?

Hey grassroots orgs like Get Equal, Equality Across America and Join The Impact, what are you willing to do to help local activists in those cities.

Hey local people in those cities, what are you willing to do to get job equality?

Get offline, get organized.

A response to Dr. Laura

2010-04-06T15:43:00.000-07:00

On her radio show, Dr. Laura Schlesinger said that, as an observant Orthodox Jew, she believes that homosexuality is an abomination according to Leviticus 18:22, and cannot be condoned under any circumstance. The following response, an open letter to Dr. Laura, was posted on the Internet. PBCHRC isn't sure whether it is real or not -- but it is funny, as well as informative:

Dear Dr. Laura:

Thank you for doing so much to educate people regarding God's Law. I have learned a great deal from your show, and try to share that knowledge with as many people as I can. When someone tries to defend the homosexual lifestyle, for example, I simply remind them that Leviticus 18:22 clearly states it to be an abomination ... End of debate. Its in the Bible - end of argument!

I do need some advice from you, however, regarding some other elements of God's Laws and how best to follow them.

1. Leviticus 25:44 states that I may possess slaves, both male and female, provided they are purchased from neighboring nations. A friend of mine claims that this applies to Mexicans, but not Canadians. Can you clarify? Why can't I own Canadians?

2. I would like to sell my daughter into slavery, as sanctioned in Exodus 21:7. In this day and age, what do you think would be a fair price for her?

3. I know that I am allowed no contact with a woman while she is in her period of menstrual uncleanliness - Lev.15: 19-24. The problem is how do I tell? I have tried asking, but most women take offense.

4. When I burn a bull on the altar as a sacrifice, I know it creates a pleasing odor for the Lord - Lev. 1:9. The problem is, my neighbors. They claim the odor is not pleasing to them. Should I smite them?

5. I have a neighbor who insists on working on the Sabbath. Exodus 35:2. Clearly states he should be put to death. Am I morally obligated to kill him myself, or should I ask the police to do it?

6. A friend of mine feels that even though eating shellfish is an abomination - Lev. 11:10, it is a lesser abomination than homosexuality. I don't agree. Can you settle this? Are there 'degrees' of abomination?

7. Lev. 21:20 states that I may not approach the altar of God if I have a defect in my sight. I have to admit that I wear reading glasses. Does my vision have to be 20/20, or is there some wriggle room here?

8. Most of my male friends get their hair trimmed, including the hair around their temples, even though this is expressly forbidden by Lev. 19:27. How should they die?

9. I know from Lev. 11:6-8 that touching the skin of a dead pig makes me unclean, but may I still play football if I wear gloves?

10. My uncle has a farm. He violates Lev.19:19 by planting two different crops in the same field, as does his wife by wearing garments made of two different kinds of thread (cotton/polyester blend). He also tends to curse and blaspheme a lot. Is it really necessary that we go to all the trouble of getting the whole town together to stone them? Lev. 24:10-16. Couldn't we just burn them to death at a private family affair, like we do with people who sleep with their in-laws? (Lev. 20:14)

I know you have studied these things extensively and thus enjoy considerable expertise in such matters, so I am confident you can help.

Thank you again for reminding us that God's word is eternal and unchanging.

Your adoring fan.
James M. Kauffman, Ed.D. Professor Emeritus,
Dept. Of Curriculum, Instruction, and Special Education
University of Virginia

Are Lesbians and Gay Men a Minority?

2010-03-31T15:01:00.000-07:00

by Fred Fejes, PhD
Professor, School of Communication and Multimedia Studies
Florida Atlantic University
© 2008 Fred Fejes

According to the Human Rights Campaign (HRC), a national gay-rights advocacy organization,   approximately 570 colleges and universities have explicit policies protecting lesbian and gay students, staff and faculty from discrimination on the basis of   sexuality. A smaller but growing number of schools have policies granting partner benefits to lesbian and gay staff and also recognizing gender identity as a protected class. Not only private institutions and universities in the liberal areas of the North and the West Coast have such policies. Red state public institutions such as the University of Mississippi. the University of Alabama, Auburn University, Texas A&M, the University of Nebraska and the University of South Carolina have   non-discrimination policies. The changes in official attitudes on lesbian and gay men on many campuses are impressive. Less than fifty years   ago at many universities, faculty even suspected of being   homosexual were typically given the choice of either   resigning or immediate dismissal.

Such changes reflect not only the growing visibility of lesbian and gay students, staff and faculty, but the importance   now placed   on diversity on college campuses. In the increasingly complex and globalized 21st century society, educational leaders   recognize that diversity, rather than a burdensome problem, is something to foster and sustain. But while diversity in general is clear and valued goal, the status of lesbians and gay men on campus   often remains clouded.
Whether lesbians and gay men fall under the broad umbrella of diversity is often contested.

Current diversity efforts are the successors to affirmative action   and other programs undertaken by many   institutions. Often in response to court orders, these programs were meant to correct decades old discrimination in student admission and faculty and administrative hiring. Such corrective efforts, and the laws behind them, were outcomes of what political sociologist John Skrentny has called   The Minority Rights Revolution (Harvard University Press, 2002)   or that period the 1950s -1970s when America confronted its shameful treatment of marginalized groups.   The civil rights movement of that era transformed American political culture by creating a new and powerful national narrative about minority group, identity, oppression and struggle in the United States.

While the 1964 Civil Rights Act, outlawed discrimination on the basis of “race, color, religion, sex, (and) national origin”   and theoretically covered all American citizens, its implementation focused on those groups that lawmakers and policymakers saw as particularly victimized by discrimination.   In addition to African-Americans, women, Americans of Hispanic and Asian ancestry Native-Americans and, later, the physically disabled were seen as conspicuous victims of discrimination.     Using   what Skrentny terms the “black analogy,” government policymakers, the media and   the public in general placed these designated groups within the larger narrative of minority group oppression and victimhood that, “while unspoken, undebated and unlegislated, nevertheless powerfully shaped policy.”

Like these other groups, lesbians and gay men met the requirements of a minority group deserving protection from discrimination. They were subject to discriminatory local, state and federal laws and policies. Earlier than other minority groups,   pioneer homosexual rights activists felt a strong kinship with the growing civil rights movement and were the first group to copy their tactics of peaceful protest. By the   mid 1970s there was a growing recognition that lesbians and gay men were a minority.

Much in the same way that science stripped theories of racial inferiority of their legitimacy,    medical and scientific authorities rejected earlier theories pathologizing homosexuals. Similar to laws on segregation, laws restricting the rights of homosexuals were now viewed as outmoded and unjust and states   moved to repeal them. Cities and counties across the country banned discrimination at the local level and a number of states moved to passing similar laws. Federal legislation was introduced in Congress. Jimmy Carter, elected President in 1976 on a platform of human rights, promised attention to the concerns of America’s lesbian and gay community. Soon after his inauguration gay rights leaders were invited to the White House to discuss their issues.

However, for lesbians and gay men, all of this progress came to a sudden halt in the spring of 1977. Led by entertainer Anita Bryant, local religious and conservatives in Miami-Dade County Florida   mounted a vigorous campaign to repeal a county gay rights law. The successful effort attracted national and even internal attention. The theories and images of homosexuality as a sickness and perversion, now joined with condemnation by religious conservatives, still had a very powerful hold on the public imagination. Similar successful campaigns the following year in St. Paul Minnesota, Wichita, Kansas and Eugene Oregon harbingered a national movement. National political figures previously supportive of gay rights quickly distanced themselves. The media treated gay activists’ claims to minority status with increasing skepticism Even lesbian and gay leaders themselves recognized the futility of casting their claims in the narrative of minority rights.
If lesbians and gay men were no longer viewed as a minority deserving of protection against discrimination, what was their status in American society? Was the progress on gay rights to be replaced by an era of Jim-Crow style legislation aimed at lesbians and gay men. It seemed so. States from Alabama to New Jersey began recriminalizing homosexuality and considering legislation to restrict further the civil rights of lesbians and gay men.

The showdown came in California in the 1978 elections. Conservative activists, hoping to incite another Miami-style campaign,    placed a measure on the ballot banning lesbians and gay men from teaching in public schools. Early polls showed that more than 60% of California voters supported the ban. Gay activists feared the referendum was only the beginning of a larger effort to restrict them from other areas of public employment and state regulated professions. However the measure’s proponents had overreached; they wrote their proposal so broadly that even heterosexual teachers favoring gay rights could be fired. Gay activists opposing the measure were joined not only by liberal and union leaders, but also   by noted conservatives such as Ronald Reagan who saw it as a serious attack on the rights of all California citizens. The measure lost by more than a million votes
Since 1978 the question of the legal status of lesbian and gay men and their rights has been fought in a cultural trench warfare between gay activists and conservative political and religious activists. Still the visibility, prominence and vitality of the lesbian and gay community have grown. Lesbians and gay men are regarded as important segments of many communities. In the area of business and commerce, not only are they viewed as a significant and growing market, many major corporations hoping to attract them as valuable employees offer the recognition, protections and benefits that the state is typically unwilling to grant. According to the HRC 433   of the Fortune 500 companies explicitly ban discrimination on the basis of sexual orientation, including not only companies like Microsoft and General Motors, but also Wal-mart and Winn-Dixie. In higher education, an institution’s recognition and support of its lesbian, gay, bisexual and transgendered faculty, staff and students is a mark of its commitment to diversity and quality. All   62 members of the prestigious Association of American Universities (AAU) have non-discrimination policies and more than two thirds provide partner benefits.

According to the HRC   approximately 570 colleges and universities have explicit policies protecting lesbian and gay students, staff and faculty from discrimination on the basis of   sexuality. A smaller but growing number of schools have policies granting partner benefits to lesbian and gay staff and also recognizing gender identity as a protected class. Not only private institutions and universities in the liberal areas of the North and the West Coast have such policies. Red state public institutions such as the University of Mississippi. the University of Alabama, Auburn University, Texas A&M, the University of Nebraska and the University of South Carolina have   non-discrimination policies. All   62 members of the prestigious Association of American Universities (AAU) including the University of Florida have non-discrimination policies and more than two thirds provide partner benefits. The changes in official attitudes on lesbian and gay men on many campuses are impressive. Less than fifty years   ago at many universities, faculty even suspected of being   homosexual were typically given the choice of either   resigning or immediate dismissal.

Still, although 570 colleges and universities have explicit polices addressing   their lesbian and gay concerns, and these include the University of Miami, Florida International University, Nova University, Broward, Miami-Dade ad Palm Beach Colleges, the other approximately 3,700 higher education institutions in America do not.   Among those institutions is Florida Atlantic University. One can only read   these institutions’ lack of minimal protections as a disregard for its lesbian and gay faculty, staff and students. Unfortunately not only lesbians and gay men, but the institution itself    pays the costs.

It costs the institution top faculty, administrative and staff. Most institutions compete nationally for top talent. For lesbian and gay employees,   the issue of protections and benefits are important and can either attract them   or send them away. For example, in 2006   Robert W. Carpick, a leading researcher in nanotechnology left the University of Wisconsin for the University of Pennsylvania. In 2003 he had married his partner of ten years in Canada, however the University was unable to offer him partner benefits due to a state measure banning gay marriages. The revenue from research contracts he took with him to Pennsylvania dwarfed the estimated cost of the benefits.

It costs the institution in students.   For many lesbian and gay youth in America, “coming out” or   acknowledging one’s sexuality is a high school experience and many high schools provide them a safe and supportive environment. In considering colleges, these students look to see if they are openly welcomed at a university and if their concerns and safety as openly lesbian and gay students are taken seriously.   Publications like The Advocate College Guide for LGBT Students and websites like www.campusclimateindex.org rank various colleges and universities on their   policies and supportive campus environment. Lesbian and gay students listen very carefully to what an institution says, and does not say, about people like them.

It cost the institution donor support. Many lesbian and gay baby boomers who remembered the gay rights movement of the 1960s and 1970s are now organizing their estates. These alumni also look very closely at what their universities says and do not say about people like them. After the death of gay activist Phil Zwickler from AIDS in 1991 his family set up a foundation to commemorate his work. Part of the foundation’s effort is funding a program of research fellowships at Cornel University. Richard Weiland, one of the first employees at Microsoft who died in 2006, made a $60 million bequest to Stanford University. A significant portion of that was designated to support the University’s Lesbian and Gay Resource Center.
It costs a university any claims of quality. As noted above, a proactive stance on diversity, including sexuality diversity, is a mark of a top echelon university.    Thus it is hard to take an institution’s clams to excellence and diversity seriously when all it can offer its lesbian and gay faculty, administrators, staff and students are   generic assertions about “not discriminating against anybody.” This is little more than an academic version of a “don’t ask, don’t tell” policy.

Finally it costs the institution any claim of community leadership. As Richard Florida noted in his research on the “creative class,” a distinguishing feature of communities in the forefront of technological and biological research and innovation is an open and welcoming attitude towards diversity, including sexual diversity. What message is sent   about a community   when an institution devoted to an open and unfettered search for knowledge, and in many cases a community’s major employer, carefully hedges its position on issues of sexuality and its own lesbian, and gay faculty, staff and students.

In the strictly technical sense, lesbians and gay men are not a minority, or at least no federal law has yet defined them as such. However they are a vital, visible part of the life of many colleges and universities. Those institutions that recognize and welcome them benefit from their talents and energies. Moreover these institutions send out a real message about their commitment to diversity and quality. These universities are the leaders in higher education. Hopefully their model will be followed by those institutions that seek to move forward.

Fred Fejes, PhD
Professor, School of Communication and Multimedia Studies
Florida Atlantic University
777 Glades Road
Boca Raton FL 33431
office: 561-297-3858
cell: 954-465-3262
fax 561 297-2615

Improving the Lives of LGBT Older Adults

2010-03-24T14:27:00.000-07:00

A new report available from MAP and SAGE, Improving the Lives of LGBT Older Adults, shows that contrary to stereotypes, LGBT elders are more likely to live in poverty, face social and community isolation, and lack appropriate health care and long-term care. The report examines the unique barriers and disparities faced by LGBT elders. Momentum ReportIt also offers detailed and practical solutions, providing a roadmap for LGBT and aging advocates, policymakers, and anyone interested in ensuring that all Americans have the opportunity to age with dignity and respect.

The report was authored by MAP and SAGE, in partnership with the American Society on Aging, the National Senior Citizens Law Center, and the Center for American Progress, with a foreword from AARP. MAP and SAGE officially launched the report last week in Chicago at the national Aging in America conference, and it has received coverage from CNN.com, the Chicago Tribune, the LA Times, and other media.

To access the report, go to: http://www.lgbtmap.org/file/advancing-equality-for-lgbt-elders.pdf. To download other MAP reports, please visit www.lgbtmap.org.

We've also created a presence for MAP on Facebook and Twitter, to extend the reach of our work.

Report Abstract

Most Americans already face challenges as they age, but LGBT older adults have the added burden of a lifetime of stigma; familial relationships that generally lack legal recognition under the law; and unequal treatment under laws, programs and services designed to support and protect older Americans. The report examines three areas of particular difficulty for LGBT elders.

1. LGBT elders are less financially secure. LGBT older adults are poorer and less financially secure than American elders as a whole due to a lifetime of discrimination compounded by major laws and safety net programs that fail to protect and support LGBT elders equally with their heterosexual peers. The report examines the following key programs and their impacts: Social Security, Medicaid and long-term care, tax-qualified retirement plans, employee pensions, retiree health insurance benefits, estate taxes, veterans' benefits, and inheritance laws.

2. LGBT elders find it more difficult to achieve good health and healthcare. The report examines major reasons for this, including: LGBT elders' health disparities are overlooked; there is limited government support for the families and partners of LGBT elders; health care environments often are inhospitable to LGBT elders; nursing homes often fail to protect LGBT elders; and visitation policies and medical decision-making laws often exclude the families and partners of LGBT elders.

3. LGBT elders are more likely to face social isolation. Despite a high level of resilience and strong friendship networks, social isolation has still been found to be higher among LGBT older adults. In addition to being more likely to live alone, LGBT elders also are more likely to feel unwelcome in, or be unwelcome in, mainstream aging programs such as senior centers and volunteer centers. They also often lack support from, and feel unwelcome in, the broader LGBT community. Finally, housing discrimination adds to the challenges LGBT elders face in connecting to their communities and may separate LGBT elders from loved friends or partners.

In addition to examining the challenges faced by LGBT elders, the report also provides detailed and comprehensive policy analysis and recommendations.

Ineke Mushovic
Executive Director
Movement Advancement Project
ineke@lgbtmap.org

West Palm Beach votes in support of allowing gay adoption

2010-03-23T07:15:00.001-07:00

By Andrew Abramson, Palm Beach Post Staff Writer

March 23, 2010

WEST PALM BEACH - The city commission took a stance against the state's ban on gay adoption, voting unanimously today to support a repeal of the ban.

Florida is the only state in the country that doesn't allow gay adoption and state representative Mary Brandenburg has already co-sponsored a bill in the Florida legislature that would repeal the ban.

Lake Worth and Wilton Manors previously passed similar resolutions supporting the repeal.

"It seems to me absolutely unbelievable that 49 states in this country have seen fit to pass laws that allow same-sex adoption, and Florida is back in the dark ages on this," Mayor Lois Frankel said. "The issue should be what's in the best interest of the child."

In Florida, gay couples can be foster parents, but can't adopt.

The Rev. Mark Boykin of the Church of All Nations of Boca Raton led a protest of four members outside City Hall, and then blasted the West Palm Beach resolution.

"There are so many issues and problems in the City of West Palm Beach," Boykin said. "The mayor and city commissioners need to be focused on solving these issues and not undermining the fabric of a nuclear family."

Rand Hoch, who represented the county's human rights council, said "there are many more children eligible for adoption then there are married heterosexual families wiling to adopt them. The ban is immoral because it harms children."

"This will give 3,000 children a much greater chance at loving, nurturing, caring home," said Commissioner Jeri Muoio, who brought forward the resolution.

Divided emotions, opinions on 'Don't ask, don't tell' policy

2010-03-14T14:46:00.000-07:00

By John Lantigua, Palm Beach Post Staff Writer
Sunday, March 14, 2010

LAKE WORTH — In February, Isabel, a specialist with the 482nd Air Force Reserve, based in Homestead, was due to be deployed to Iraq.

Her life partner, Nicole, a civilian, was worried and not only about Isabel's safety.

"I said to myself, 'If something happens to her, will they even contact me?' " Nicole said. "My name is there to call in case of emergency, but I am not legally her family."

Isabel's deployment was eventually canceled, but she is still concerned.

"Nicole is not eligible for any of the benefits that spouses are entitled to," said Isabel, 26. "Married soldiers get more money when they are mobilized and the military also provides health, educational, housing benefits for your spouse. I am serving my country and this is very unfair."

The young woman is not really named Isabel. She uses a false name so as not to violate the current military policy regarding gay and lesbian soldiers. "Don't Ask/Don't Tell" championed by President Bill Clinton prohibits homosexual soldiers from identifying themselves as such, but also enjoins the military from asking them about their sexual orientation.

Adopted in 1993 it was seen as a middle ground between the previous policy that banned gays from the military altogether, and outright acceptance of homosexuals in the services.

Now the Obama administration wants the policy scrapped and for gays to serve openly. The ensuing debate has provoked strong opinions on both sides.

Suspicion can lead to investigation

Both active and former members of the military who are gay or lesbian, and who were interviewed for this article, all favor the eventual changing of the policy and say homosexuals should serve without hiding who they are.

Philippe Kalmanson, 40, of Lake Worth, wishes the change had come years ago, before anti-gay policies cost him his military career. He served almost four years in the Air Force and two in the Army. His release papers reflect an honorable discharge, various service ribbons and commendations, including the good conduct medal. But his last days in uniform, in 1991, weren't pleasant.

Kalmanson, a specialist with administrative duties, had recently returned from service in Saudi Arabia during the Persian Gulf War, when he was summoned to an interview by military criminal investigators at Fort Bragg, N.C..

He had no idea why.

"It turned out that a military friend of mine based in South Carolina was being investigated for drug use," said Kalmanson. "They searched his room and found letters I had written to him from Saudi."

The men had met while serving in Korea two years before. The letters indicated they had been lovers.

According to an investigator's report, Kalmanson was detained for at least five hours.

The transcript of the interrogation details every cigarette, cup of coffee and Dr Pepper. Kalmanson confessed to the affair and was drummed out of the Army.

He says he met many gay men in the military, but any social activity among them was always away from their work and their military posts.

"You don't go into the military so you can be checking out guys in the shower," Kalmanson says. "It isn't like that."

The "Don't Ask/Don't Tell" policy would have probably saved his career, but he believes the military should go farther, especially given the need for manpower.

"Changing the policy wouldn't make much a difference," he says. "People gossip about who is gay anyway. And right now they need the bodies."

Stephanie, 31, of West Palm Beach, is gay and served in the Navy from 2000 to 2007, including almost two years at sea. She left as a lieutenant.

She says gay sailors sometimes revealed their sexual orientation, but rarely.

"You would stand watch at night on the bridge and you had time to talk," she says. "You had to know who to trust. It could be used against you, you could be discharged and lose all your benefits."

She said straight sailors gossiped about who might be gay "but there was never any kind of hate in it. Men and women who were thought to be gay weren't reviled by their shipmates."

She thinks most in the ranks would accept a change in policy, but officers at the top are conservative and will be harder to convince.

"And Obama needs to keep the military leaders happy right now given Iraq and Afghanistan," she says. "It will take time."

Among straight members of the military family, opinions are much more divided.

'This is a civil rights issue'

Ben Lubin, son of West Palm Beach Mayor Lois Frankel, who served as a Marine captain in Iraq and Afghanistan, is straight and favors changing the policy immediately.

"Gay and lesbian people have fought and died for this country in wars all through our history," he said. "This is a civil rights issue. Women and blacks are allowed to serve today and they weren't at one time. Some day people will look back and say how could those people have embraced that policy. It's unjust."

Lubin said he believes many in the ranks wouldn't care, although he admits for some it will be a very contentious issue.

"But it's not up to them," he said. "Policy is made by elected officials and changing the policy is the right thing to do."

But Karl, 52, of Boca Raton, an Army National Guard sergeant who has served twice in Afghanistan, believes any change would have to be accomplished gradually, and possibly not at all. Karl is an assumed name because he is not authorized to speak to the press.

"I was raised in New York, was exposed to many different lifestyles, and it doesn't matter to me," he said. "But I've heard a lot of discussion and a lot of people in the ranks are against changing the policy."

He said many soldiers come from the more conservative parts of the country and are not sympathetic to gay rights.

"In some cases they have religious beliefs that cause them to have those positions," he said. "You also have these 'A type' personalities who are very against it. I guess you'd call them homophobic. The gay person won't be treated equally. Some of these guys just won't accept it."

That was once said about blacks. They were formally integrated into the military in 1948, when the U.S. wasn't at war.

Karl worries it will be harder for gays, and especailly now in wartime.

"In combat I need everybody focused on the same battle scheme," he said. "I need everybody working as a unit and gay soldiers serving openly could affect that. I don't believe women should serve in combat for that reason. Male soldiers tend to be overly protective of female soldiers and those males don't do what they are supposed to do.

"The dynamic would be different with gay soldiers but it could be a distraction," he said. "To make it work you would have to do a lot of education first. Maybe it would work in time. Maybe. For that reason I don't think it will pass now."

Karl said he is sympathetic to an immediate change to give everyone the same benefits. He said that question could be handled administratively so that no one in the field would have to know.

"Yes, I agree that's the fair thing and there should be a way to do it now," he said.

Florida must end bigotry against gays and lesbians

2010-03-10T13:43:00.000-08:00

by Tony Plakas
South Florida Sun-Sentinel
March 10, 2010

Florida is the only state that still bans all gay men and lesbians from adopting children, although they can serve as foster parents. Even though the ban is most likely to be overturned in the courts soon, the Lake Worth City Commission was correct last week to unanimously direct state legislators to overturn the 1977 law that prohibits children in need from being adopted by gays.

Last year, a Monroe County circuit judge declared that the 1977 law "arose out of unveiled expressions of bigotry." Anita Bryant, a woman who once served our nation orange juice, began using her prominence to sell fear, waging a successful campaign that brands her to this day as an early and vocal opponent of homosexuality. However, few are aware that the groundwork to make Florida's government unfriendly to gays and lesbians was laid more than a decade before her rise and fall.

The 1963 Florida Legislature mandated a Legislative Investigation Committee to report on "the extent of infiltration into agencies supported by state funds by practicing homosexuals, the effect thereof on said agencies and the public, and the policies of various state agencies in dealing therewith."

In January 1964, taxpayer money was used to print and distribute a dark and ugly pamphlet, "Homosexuality and Citizenship in Florida," "to be of value to all citizens; for every parent and every individual concerned with the moral climate of the state." The late Palm Beach Circuit Judge Marvin Mounts gave a rare copy of the document to me before he retired so I would always remember how far we have come. But it has been more a reminder of how far we have to go and how much we need to educate.

The booklet is a veritable Nazi-like propaganda piece, complete with obscene pictures and a "glossary of homosexual terms and deviant acts" that serves as a list of epithets that unquestionably intertwine homosexuality with pedophilia. Most of the bibliography cites research stemming from the Holocaust, and the leaflet ends with recommendations to "radically reduce the number of homosexuals preying upon the youth of Florida."

And it continues to this day. In January, a bill filed in the Florida House and Senate would revise the state's financial incentive program to provide tax credits to the film industry if filmmakers avoid certain subject matters, including the depiction of "nontraditional family values."

The time has come for the Florida Legislature to address continuing policies that demonize the gay community and atone for nearly a half a century of state-sponsored bigotry. However, it doesn't look like it is going to stop anytime soon, particularly when so many wish to gain politically for their stances on homosexuality.

Tony Plakas is CEO of Compass Inc., a gay and lesbian outreach center in Lake Worth.

E-mail Tony at homerule@post.harvard.edu.

Lake Worth City Commission Opposes Gay Adoption Ban

2010-03-03T08:28:00.000-08:00

Out In West Palm Beach

March 2, 2010

(Lake Worth, Florida) On the opening day of the Florida Legislative Session, Lake Worth City Commissioners unanimously voted to direct legislators to repeal a Florida law that has banned adoptions by gay men and lesbians since 1977.

The resolution, which was introduced by Lake Worth City Commissioner Cara Jennings, calls for state lawmakers to repeal Section 63.042 of Florida Statute which provides, "No person eligible to adopt under this statute may adopt if that person is a homosexual."

Youth intervention specialist Donald Cavanaugh spoke in favor of the resolution, as did several other individuals affiliated with COMPASS -- Palm Beach County's GLBT community center.

Two bills, SB 102 and HB 3, were introduced by Senator Nan Rich (D-Sunrise) and Representative Mary Brandenburg (D-West Palm Beach) to repeal the adoption ban.

Florida is the only state with a law prohibiting gay men and lesbians - couples and individuals - from adopting children.

Three Florida courts have ruled that there is no rational, scientific or moral reason that sexual orientation should be a barrier to adopting children and that the ban on adoption by gay men and lesbians is unconstitutional, according to retired judge Rand Hoch, President and Founder of the Palm Beach County Human Rights Council.

The Council is a local nonprofit organization which is dedicated to ending discrimination based on sexual orientation, gender identity and gender expression.

"Three court decisions have now held that the ban on gay adoptions is unconstitutional," said Hoch. "Since the rulings apply only in Miami-Dade and Monroe counties, the legislature must now take action to permit gay men and lesbians to adopt children throughout the state of Florida."

"If the adoption ban is not repealed by the legislature this session, ultimately this unjust law will be overturned by the Florida Supreme Court," said Hoch.

Securing Our Children's Rights (SOCR) is the leading statewide organization lobbying for the repeal of Florida's law. For more information about SOCR, go to: www.socrflorida.com.

The ACLU of Florida has also undertaken a campaign to end the adoption ban. For more information on the ACLU's campaign, go to: http://www.aclufl.org/issues/lesbian_gay_rights/gay_adoption.cfm.

© 1997-2010 Ethan Interactive, Inc.

URL: http://www.outinwestpalmbeach.com/home/news.asp?articleid=33926

FLORIDA LEGISLATORS HEAR TESTIMONY ON DOMESTIC PARTNERSHIP BILL

2010-01-28T11:04:00.000-08:00

Out In America
January 27, 2010

(West Palm Beach, Florida) Florida legislators were urged this afternoon to enact pro-family legislation creating a statewide domestic partnership registry. Once enacted, the legislation would provide unmarried couples many of the benefits provided by the state to married couples.

Palm Beach County Human Rights Council President Rand Hoch addressed legislators at the final public hearing prior to the opening of the Florida legislature in March.

"Many couples choose not to marry so that they may preserve their social security, pension, and veterans benefits," said Rand Hoch, President of the Palm Beach County Human Rights Council.
"However marriage is not an option for gay and lesbian Floridians in committed relationships."

Nine states and the District of Columbia have enacted comprehensive laws recognizing gay and lesbians relationships. Four states (Massachusetts, Connecticut, Iowa, New Hampshire and Vermont) and the District of Columbia provide full marriage equality. New Jersey recognized civil unions. Four additional states (California, Nevada, Oregon and Washington) have domestic partnership legislation.

While marriage equality for gay men and lesbians is denied by Florida's laws and constitution, gay couples may register their domestic partnerships in some parts of Florida.

"Thanks to the efforts of local organizations such as Save-Dade, the Human Rights Council of North Central Florida, and the Palm Beach County Human Rights Council, gay couples may register as domestic partners throughout Broward, Miami-Dade, Monroe and Palm Beach counties, as well as in the city of Gainesville," said Hoch.

"Regardless of where our families make our homes, we should be accorded the same rights and benefits that other families take for granted," Hoch told legislators.

"Once the law is enacted statewide, domestic partners will be allowed to visit their partners in a hospital with the same authority as spouses with regard to health care decisions," said Hoch. "Domestic partners will be notified as family members in the event of an accident, and in the event of a partner's death, they will be empowered to make funeral decisions."

With legislators wary of the Florida's multi-billion dollar deficit, Hoch informed legislators that the legislation requires no expenditure of state funds for office space or personnel, since the paperwork will be done by the Clerks of the Circuit Courts who are charged with processing marriage licenses.

"Since fees are assessed to register and terminate domestic partnerships, the legislation will actually generate income for the state," said Hoch.

The domestic partnership legislation was co-introduced by state senator Eleanor Sobel (D-Hallandale) and state representative Richard Steinberg (D-Miami Beach)

Sharp Words Open California Same-Sex Marriage Case

2010-01-11T14:22:00.000-08:00

By JESSE McKINLEY
New York Times
January 11, 2010

SAN FRANCISCO — In the opening volleys in the federal trial over the fate of California’s ban on same-sex marriage, lawyers for both sides were sharply questioned by the judge overseeing the trial, raising the possibility of high drama in a case that is being anxiously watched by gay-rights groups and supporters of traditional marriage nationwide.

Supporters of gay marriage rallied outside the federal courthouse in San Francisco on Monday.

Just hours before the testimony began here, the United States Supreme Court intervened in the case, temporarily staying a decision last week by Judge Vaughn R. Walker, who is hearing the case, to allow the proceedings to be streamed to other federal courtrooms in other states and distributed online. Supporters of the ban, Proposition 8, objected to that plan and early Monday, the Supreme Court ordered a stop to any “real-time streaming” outside the courtroom until Wednesday afternoon, giving the justices more time to consider the issue.

The trial, however, continued. Supporters and opponents of Proposition 8 — which was passed by 52 percent of California voters in 2008 and established marriage as between only men and women — started rallying in front of the courthouse before dawn. By the time the trial began just after 9 a.m. Pacific time, Judge Walker’s courtroom was packed with lawyers, spectators and members of the news media, as was an overflow room on another floor, where the proceedings are being streamed.

Judge Walker set a questioning tone early, repeatedly interrupting an opening statement by Theodore B. Olson, a lead counsel for the plaintiffs — two gay couples who filed their suit in the spring after the California Supreme Court upheld Proposition 8. The judge asked Mr. Olson why domestic partnerships, which are allowed in California, were not sufficient for gay couples and wondered what kind of evidence would be introduced to show harm to same-sex couples who are not allowed to marry.

Mr. Olson, a prominent conservative litigator whose co-counsel is David Boies, his foe from the 2000 battle over the presidential election, countered that marriage “was a building block of family, neighborhoods and community” in America, and that to deny gays that right was to effectively make them second-class citizens. Proposition 8, he said, “isolated gay men and lesbian individuals and said, ‘You’re different.’ ”

During the trial, which is expected to last three weeks, Mr. Olson and Mr. Boies are expected to argue that Proposition 8 violates the 14th Amendment’s guarantee of equal protection and due process and falls in line with other historical prohibitions on marriage, including some states’ ban on interracial marriages, that were overturned by the Supreme Court.

Advocates for Proposition 8, who assert that Californians were well within their rights to establish a definition of marriage, were also pointedly queried by Judge Walker.

Charles J. Cooper, the lead counsel for the defense, opened his case by arguing that limitation of marriage to men and women was a tradition “across history, across cultures and across societies” meant to “channel natural procreative activities between men and women” into stable relationships.

But Judge Walker interrupted Mr. Cooper to ask about other marital benefits like companionship and support, and he noted that there were no restrictions on marriage for heterosexual couples who could not or did not want to have children. The judge also questioned the assertion by Mr. Cooper that same-sex marriage would “radically alter” traditional marriage and could decrease marriage rates for heterosexuals.

Mr. Cooper conceded that hard statistical evidence on such issues was limited — “confident and reliable judgments cannot be made” — but argued that same-sex marriage was “too novel of an experiment” for California to try. He also said that it was not the role of any court — including the Supreme Court, where the case is expected to eventually end up — to “reflect the attitudes of the American people.”

“That’s what they have ballot booths for,” Mr. Cooper said.

The case comes as gay-rights groups have suffered several setbacks, including the defeat of same-sex marriage legislation in New York and New Jersey and a vote last fall that overturned such unions in Maine. Efforts to overturn Proposition 8 with another ballot measure in California also face uncertain prospects, with most major groups having decided to wait until at least 2012 to go back to the voters.

All of which has heightened expectations for this case. Several of the figures who helped pass Proposition 8 are expected to be called to testify under oath, as are experts for the defense.

Mr. Olson said his case planned to call experts on history, economics and psychology to show “the grievous harm” caused to gays and lesbians who are not allowed to marry, and he used often sharp-elbowed rhetoric to describe their plight, calling — for example — domestic partnerships a “badge of inferiority” that sounds like a “commercial venture.”

In one particularly passionate exchange, Judge Walker asked why the courts should intervene in Proposition 8.

Mr. Olson paused. “That is exactly why we have courts, why we have the Constitution and why we have the 14th Amendment,” he said, adding that while some groups “may not be the most popular people,” the court still should uphold their rights. “That is why we are here today.”

Meet Cynthia Nixon and help ACLU of Florida LGBT Advocacy Project Kick off the Adoption Campaign

2009-12-11T14:19:00.000-08:00

Please join the ACLU of Florida's LGBT Advocay Project on Saturday, January 9, 2010 at The Shore Club in South Beach, for a poolside cocktail party featuring Cynthia Nixon, Sex and the City star and LGBT rights advocate. Proceeds will support the ACLU's lesbian, gay, bisexual, and transgender rights work in Florida and across the country.

Florida's Adoption Ban is the only law in the country that categorically prohibits gays and lesbians from adopting. This discriminatory law hurts thousands of children who are languishing in Florida's foster care system by denying them a permanent home.

For tickets, go to: http://fl.aclu.org/site/Calendar?view=Detail&id=106962

Poolside Cocktail Party:

$25/person, 8:30-10:30 p.m.
Open Bar and hors d'ouevres
Guest DJ

VIP Reception:

$250/person, 7:30-9:00 p.m.
Open Bar and hors d'oeuvres
Sponsorships available

Attire: Miami Chic/Cocktail Party

Featured Guests:

Cynthia Nixon,
Congresswoman Ileana Ros-Lehtinen,
Florida Senator Nan Rich,
Florida Representative Mary Brandenburg,
Howard Simon,
ACLU of Florida Executive Director,
Robert Rosenwald,
ACLU of Florida LGBT Advocacy Project Director

U.S. Senate to markup domestic partnership bill

2009-12-11T13:51:00.000-08:00

A Senate committee has set Wednesday as the day it will markup legislation that would provide benefits to the same-sex partners of federal employees, DC Agenda has learned.

The Senate Homeland Security & Governmental Affairs Committee will consider the bill — known as the Domestic Partnership Benefits & Obligations Act — during a business meeting starting at 10 am. Dec. 16. The markup will occur in Room 342 of the Dirksen Senate Office Building.

The panel will consider amendments to the legislation before voting on whether to report out the bill to the Senate floor.

Sen. Joseph Lieberman (I-Conn.), who chairs the committee, is the sponsor of the legislation. It currently has 26 co-sponsors.

On the House side, the Oversight & Government Relations Committee reported out its version of the bill last month, 23-12. Lesbian Rep. Tammy Baldwin (D-Wis.) is the sponsor of the bill, which has 138 co-sponsors. A time for a floor vote has not yet been announced.

TLDEF Files Employment Discrimination Complaint Against McDonald's for Refusing to Hire Transgender Woman

2009-12-07T10:32:00.000-08:00

TLDEF today filed a Complaint with the Florida Commission on Human Relations against an Orlando McDonald's restaurant for refusing to hire 17-year-old Zikerria Bellamy because she is transgender. We want you to be the first to know.

On July 10, 2009, Zikerria applied online for a position as a Shift Manager or Crew Leader at McDonald's. On July 28, after managers at McDonald's learned that Zikerria is transgender, she received the a voicemail message from one of the managers. The hear the voicecmail, go to: www.youtube.com/watch?v=zCXOCsfl5Js

Zikerria never received the job interview she sought. McDonald's refused to hire her.

Zikerria's story is all too common. Transgender people face tremendous discrimination in the workplace. According to a recent survey by the National Gay and Lesbian Task Force and the National Center for Transgender Equality, 47% of transgender people report being fired, or denied a job or promotion, just because of who they are.

Few protections exist for transgender people who experience employment discrimination. In 38 states, there is no law protecting transgender people from being fired because of who they are. Federal law similarly offers no job protection for transgender people.

In Florida, while no law explicitly addresses discrimination based on gender identity, administrative agencies in Florida have ruled that transgender people are protected by the Florida Human Rights Act's prohibitions on sex and disability discrimination. The Competitive Workforce Bill, which would add gender identity and sexual orientation to the Florida Civil Rights Act, was introduced in the Florida legislature on November 20.

At the federal level, the Employment Non-Discrimination Act (ENDA) (S.1584) would address discrimination in the workplace by making it illegal to fire, refuse to hire, or refuse to promote an employee based on the person's gender identity or sexual orientation at companies with fifteen or more employees. The legislation was introduced in the United States Senate on August 5, 2009. On November 5, the Senate Health, Education, Labor, and Pensions Committee held the Senate's first hearing on the latest version of ENDA. A version of ENDA was also introduced in the United States House of Representatives on June 24, 2009. The House Education and Labor Committee held a hearing on the measure on September 23. Little has happened since.

According to a 2007 survey, 72 percent of Americans agree that "fairness is a basic American value and employment decisions should be based solely on qualifications and job performance, including for transgender people." In a 2002 poll, 61 percent of those polled said that we need laws to protect transgender people from discrimination. President Obama supports the Employment Non-Discrimination Act and has stated his belief that anti-discrimination employment laws should be expanded to include sexual orientation and gender identity.
What You Can Do

SPREAD THE WORD

As you've done in the past, please help us spread the word about what happened to Zikerria. Let's do our best to make sure it never happens again. Post the voicemail on Facebook, tweet about it, write about it in your blogs and embed the voicemail there, too. The louder we raise our voices, the more people will listen!

CONTACT CONGRESS AND DEMAND THAT IT TAKE ACTION ON ENDA

We've joined with our friends and partners at organizations around the nation to demand that Congress take swift action to pass the Employment Non Discrimination Act (ENDA). In light of continuing delays in the House of Representatives, we must state clearly and unequivocally: Passing basic job protections for lesbian, gay, bisexual and transgender people must happen now.

Call the Capitol Switchboard at 202.224.3121 and ask to speak to your Representative (have your zip code handy and they'll help identify your member of Congress).

When you are connected with your Representative's office, give your name and your city and then let them know:

I am calling in support of the Employment Non-Discrimination Act (H. R. 3017/S. 1584), which will protect lesbian, gay, bisexual and transgender people from job discrimination. No one deserves to be fired from their job because of who they are. No more delays--it is time to pass ENDA.

You can also tell them that you've heard about Zikerria Bellamy's case. If you get voicemail instead of a person, leave a message - they count just as much as if you reach a staff member. You can call 24 hours a day, 7 days a week. If you've called in the past, no problem. Call again.

SUPPORT EQUAL RIGHTS

McDonald's is one of the largest corporations in the world. To say that its resources dwarf ours is an epic understatement. We can't win this alone. We need your help to do it. Please donate now to help us win this fight for equal rights. Your support continues to inspire us. Thank you!

Sen. George LeMieux of Florida: ENDA Legislator of the Day

2009-12-04T21:54:00.000-08:00

Senator George LeMieux was recently appointed by Florida Governor Charlie Crist after the resignation of former Senator Mel Martinez. Will he support the Employment Non-Discrimination Act, S1584?

There have been some press reports that Senator LeMieux may be somewhat friendly towards gay rights, at least in his heart. However, the political climate in Florida doesn't make it easy to express these thoughts openly. Even the senior Senator from Florida, Senator Bill Nelson, who is reckoned a friend of the LGBT community, has not come out in favor of ENDA.

What they need, in order to come out with support of ENDA, is to hear that there is support for it. That comes from one place: telephone calls from you. Please call Senator LeMieux and ask him to support the Employment Non-Discrimination Act, S1584.

According to Wikipedia, Senator LeMieux was Chairman of the Florida-based law firm of Gunster Yoakley & Stewart, P.A. and served as Chief of Staff to Governor Charlie Crist, was former Deputy Florida Attorney General, and is credited with spearheading Crist's successful campaign for Governor. At 40, LeMieux is the youngest member of the U.S. Senate.

It has been reported that he has taken very public stands in favor of LGBT rights: health benefits for same sex couples, gay adoption, and publicly counseled against a Broward County petition drive to overturn the county's gay rights law.

An important wrinkle here is the fact that Gov. Crist will be running for Florida's Senate seat in 2010.

In the cheekily titled "Governor Crist Plays Both Sides," an article in the South Florida Blade suggests that Senator LeMieux might be amenable to supporting the Employment Non-Discrimination Act.

If LeMieux votes in favor of ENDA, it will appeal to liberal voters, and Crist can take the credit for appointing him. But then when it's Crist's turn to run for office, he can just shrug, point at LeMieux, and say "I didn't tell him to do it, don't blame me." With both sets of voters on his side, he'll be a sure thing in 2010.

An interesting read, and definitely fodder for the Machiavellian among us. While there may be some risk to Crist in this strategy, the National Republican Senatorial Committee is making a rare pre-primary endorsement of Crist over one of his main opponents, Mario Rubio.

Senator LeMieux is clearly very fiscally conservative, and it's notable that the issues he is pushing as a freshman Senator are all fiscal issues. There's nary a social issue in there. In addition, he has specifically excluded the possibility that he would run for the Senate seat in 2010. However, he has indicated that he loves public service and that it's "the greatest job in the world," and is working hard to create a public profile on fiscal issues.

The Miami Herald has an article about him today: Florida's new senator battles `placeholder' stigma He wants to be seen as politically active. That suggests a possible run for office in Florida And where would he likely run for office? He's from Broward County, which is quite liberal. What would Broward County voters want to see from George LeMieux if he ran for office there? I would think voting for ENDA would be a feather in his cap in Broward County, and voting against ENDA would be seen as a political problem.

No doubt Senator LeMieux wants to please his friend, Governor Crist, and Governor Crist himself might be against ENDA, but not very strongly. Senator LeMieux could secure his own political future by voting for ENDA, and such a vote could, as pointed out by the South Florida Blade, even help Gov. Crist in his Senatorial bid.

It all remains to be seen. Certainly, it would make a big difference for Senator LeMieux to hear of widespread high-profile support for ENDA.

Please call Senator LeMieux (pronounced "leh-mew," according to his voicemail) and ask him to support S1584.

Here's his contact info.

LeMieux, George S. - (R - FL)
DC Office: (202) 224-3041
(Toll free DC Capitol line: 866-220-0044)
Fax: 202-228-5171

District Offices:
Orlando 407-254-2573
Tampa 813-977-6450
Fort Myers 239-332-3898
Coral Gables 305-444-8332
Palm Beach Gardens 561-842-8300
Pensacola 850-433-2603
Jacksonville 904-398-8586
E-mail: info@lemieux.senate.gov

If you're not sure what to say when you call, click here for a "Step-by-Step Script For Calling Legislators On ENDA."

This was originally written by Dr. Jillian T. Weiss at Bilerico. It is reposted here with her permission.

Florida Activists Frustrated On Gay Rights

2009-12-04T06:08:00.000-08:00

By Carlos Santoscoy. On Top Staff Writer

December 03, 2009

Gay activists in Florida are growing increasingly frustrated at the slow pace of progress on gay rights in the state.

“Almost two decades have passed since Florida passed a law addressing the gay and lesbian community,” said Rand Hoch, president of the Palm Beach County Human Rights Council. “It's frustrating.”

Hoch's group is among the handful of grassroots organizations working for change at the local level. He talked to On Top Magazine about his concerns after a new scorecard ranked Florida among one of the lowest states on gay and lesbian rights.

The report compiled by the group eQualityGiving.org ranked Florida at 43 out of 50 states and the District of Columbia. Only Ohio, Arkansas, Idaho, Mississippi and Tennessee ranked lower. While no state received a perfect score, California, Iowa, New Jersey and Vermont received high marks. Only Iowa and Vermont have legalized gay marriage.

Florida is the only state that specifically forbids gay adoption. Failure to outlaw discrimination on the basis of sexual orientation and gender identity in the areas of employment, housing and public accommodations also effected Florida's low score.

Hoch said his group has sponsored a non-discrimination bill for the past three years.

“Although 25% of state legislators signed on as sponsors for the bills in 2009, all were Democrats and the bills went nowhere,” he said. “With Republicans still firmly in control of the Legislature, there is a long way to go.”

R. Zeke Fread, director of Pride Tampa Bay, agreed, saying the report's conclusions were “very disappointing but not surprising”given the political climate in Tallahassee.

“I don't see that changing anytime soon, because it's run by the Republicans,” he added.

But Fread said he sees hope in local politics, pointing to Tampa's recent passage of a transgender non-discrimination law, the election of several openly gay mayors – Steve Kornell in St. Pete and Ken Keechl in Broward County – and the appointment of Jane Castor, who is openly lesbian, as police chief of Tampa.

While Hoch and Fread might be frustrated, they both remain optimistic.

“I'm optimistic that we are turning the corner here in Florida,” Hoch said. “Last July, Organizations United Together (OUT) – a newly formed federation of Florida's local LGBT and allied organizations – received a $150,000 grant to strengthen local organizations to create an environment where statewide LGBT policy change is possible.”

And Hoch said plans are already underway to reintroduce a gay protections bill in the Legislature next year. The Access to Opportunity Act (ACT) is expected to attract support from Republicans and the business community because it creates a framework for business owners to address discrimination complaints.

“The proposed law would also allow Florida to retain $2 million in federal funding to investigate housing discrimination claims,” Hoch added.

http://www.ontopmag.com/article.aspx?id=4954&MediaType=1&Category=26

Meredith Baxter comes out on Today Show

2009-12-02T05:24:00.000-08:00

'Family Ties' actress to reveal she's lesbian, source says

December 2, 2009
BY BILL ZWECKER Sun-Times Columnist

It's just a coincidence Meredith Baxter recently appeared in the Hallmark Channel's ''Bound By a Secret,'' but ironically the actress revealed a very personal secret on ''Today'' this morning.

Baxter, perhaps best known for her seven years playing TV mom Elyse Keaton on ''Family Ties'' in the 1980s, will be the latest star to come out of the closet, revealing she is a lesbian.

Meredith Baxter took a Caribbean cruise catered to lesbians, according to the National Enquirer.

Baxter's TV career

While Baxter's spokesman, Howard Bragman, declined to comment on the story Tuesday, a solid source confirmed the actress will talk about her decision to go public on the NBC morning show.

Married three times and the mother of five children, Baxter is the focus of a current National Enquirer story revealing that the former Emmy nominee had been on a ''Sweet Caribbean Cruise'' specifically targeted to lesbians -- a cruise also taken by openly gay actress Kelly McGillis. According to the Enquirer report, Baxter was ''traveling with a female friend, and seemed very relaxed and comfortable.''

In another intriguing twist, the official Web site of the Meredith Baxter Fan Club states the actress is ''noted for her accessible portrayals of intelligent, independent women who struggle with the challenges before them.''

• Following in the footsteps of her aunt, ''All About Eve'' star Anne Baxter, Meredith first found fame in the 1970s, co-starring on TV's "Bridget Loves Bernie" with David Birney, who would later become her second husband. She went on to receive two Emmy nominations for playing Nancy Lawrence Maitland on the esteemed TV drama ''Family.''

After her long '80s run with ''Family Ties,'' Baxter directed and starred in a long list of TV movies, including the CBS after-school special ''Other Mothers,'' in which she played a lesbian mother raising a young son -- a performance that garnered a Daytime Emmy nomination in 1993.

• The appearance on ''Today'' is something of a mini-reunion for Baxter, who temporarily co-hosted with Matt Lauer in 2006.

• Baxter's five-year marriage to Robert Lewis Bush ended in 1971, a union that produced two children. The actress and Birney are the parents of three children. After 15 years of marriage, the couple divorced in 1989.

Benefits for same-sex partners are expanding

2009-12-01T15:05:00.000-08:00

By Ashley Surdin, Washington Post Staff Writer

Friday, November 27, 2009

LOS ANGELES -- With public attention focused largely on battles over whether gay couples should be able to marry, a less-noticed movement to grant health and other benefits to same-sex partners is gaining significant ground across the country in courtrooms, in legislatures and at the ballot box.

In New York last week, the state's highest court upheld policies granting spousal benefits to some gay public employees who were married in another state or country.

In Washington state, voters recently endorsed an "everything but marriage" bill that expands domestic partnership rights to lesbians, gays and unmarried elderly couples.

In California last week, two federal judges ruled in separate cases in favor of awarding individual same-sex couples benefits for their spouses that previously had been denied.

And in Congress last week, a House committee approved legislation that would provide benefits, including health insurance, retirement and disability, to same-sex partners of federal employees.

"The picture on benefits and domestic partnerships has moved quite dramatically for same-sex couples, but marriage is the issue that has gotten all the attention and energy, so some of that progress has been eclipsed," said Jane Schacter, a law professor at Stanford University. "Certainly, there has been movement on marriage as well, but nothing as much as domestic partnerships."
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Much of the attention has focused on a stinging loss for gay rights advocates in Maine this month, when voters repealed a state law that would have allowed same-sex couples to wed. The vote made Maine the 31st state to block same-sex marriage through a public referendum.

Although advocates of marriage equality had drawn more money, political support and volunteers in Maine than in similar campaigns nationwide, the outcome affirmed what some polls already indicated. About 57 percent of Americans oppose granting same-sex marriages legal status, compared with 40 percent who support it, according to a May Gallup poll. But 67 percent of Americans say same-sex domestic partners should have access to health insurance and other benefits, the same poll found.

Even one of the most prominent opponents of same-sex marriage, the Church of Jesus Christ of Latter-day Saints, has shown willingness to support rights outside of marriage. This month, in a surprise move, the church backed proposed Salt Lake City laws that would prohibit discrimination against gays in housing and employment.

Many private employers already offer domestic partnership benefits. About 57 percent of Fortune 500 companies, for example, provide domestic partner health insurance benefits, according to the Human Rights Campaign, a civil rights organization.

While states are offering benefits as well, the federal government has lagged behind because of the Defense of Marriage Act, which defines marriage as a union between one man and one woman, thus barring spousal benefits to same-sex partners.

But that is changing, according to Brad Sears, executive director of the Williams Institute on Sexual Orientation Law and Public Policy at the University of California at Los Angeles.

Sears cited President Obama's memorandum in June that extended a limited set of benefits to same-sex partners, allowing them to be added to long-term-care insurance policies and to use sick leave to care for partners.

"I think really the newest thing happening here is that it's reaching the federal level," Sears said. "For the public sector to remain competitive, it needs to offer domestic partnership benefits."

And gay rights groups believe the nation's support for same-sex marriage will also grow.

"Public support for marriage hasn't caught up to public support for relationship recognition benefits, but it will," said Jarrett Barrios, president of the Gay & Lesbian Alliance Against Defamation, a New-York based discrimination watchdog. "Because at the end of the day, the public sees that marriage and all the benefits associated with it are about . . . what people need to honor their commitment to their spouses and protect them."

D.C. Council votes to legalize same-sex marriage

2009-12-01T14:10:00.001-08:00

By Tim Craig, Washington Post Staff Writer

Tuesday, December 1, 2009

The D.C. Council voted Tuesday to legalize same-sex marriage in the District, as the city moves quickly to join five states in allowing gay couples to marry.
After months of debate, the council passed the bill 11 to 2. It still must take a second vote in two weeks before the measure can go to Mayor Adrian M. Fenty (D), who has said he will sign it.

If the bill survives a required congressional review period, the District will join New Hampshire, Connecticut, Iowa, Vermont and Massachusetts in allowing same-sex marriage.

Council member David A. Catania (I-At Large), one of two openly gay members of the council, said before the vote he thought it was a day that "would never come."

"It really speaks to the long and rich tradition of tolerance and acceptance that does make up the sense of place in the District of Columbia," said Catania, the chief sponsor of the bill.

Council member Phil Mendelson (D-At Large), another key sponsor, said the vote is a culmination of a decades-long struggle by gay rights leaders in the District.

"I don't think it's a giant step; it's a final step," Mendelson said.

Council members Marion Barry (D-Ward 8) and Yvette M. Alexander (D-Ward 7) were the only two members to vote against the bill.

Before casting his vote, Barry gave an impassioned speech noting that he is a longtime supporter of gay rights. But Barry said that his constituents oppose same-sex marriage, and that he believed the council should have authorized a referendum on the issue.

"I stand here today to express in no uncertain terms my strong commitment to the gay and lesbian, bisexual, transgender community on almost every issue except this one," Barry said.

He then went on to plead with gay and lesbian residents not to hold his "no" vote against him.

"It's not fair to make this one issue a litmus test as to one's commitment to human rights, to justice, and I resent those who would make it a litmus test," Barry said.
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Private polls show that black voters are far more likely than white voters in the District to oppose same-sex marriage. Both Barry and Alexander represent majority black wards and they also have stated that they were under considerable pressure from African-American ministers in their wards to vote against the bill.

But council member Harry Thomas Jr. (D-Ward 5) said he had no choice but to support the bill, even though many of his constituents oppose same-sex marriage.

"I sit here as a ward member and worry about the consequences but remind everyone . . . we must stand up for the least of those among us" Thomas said.

Bill Filed in Florida House Would Ban Bias Based on Sexual Orientation, Gender Identity

2009-12-01T08:08:00.000-08:00

BY LAURA D. FRANCIS

Staff Writer, Government Employee Relations - a BNA Publication

December 1, 2009

Florida Rep. Kelly Skidmore (D) Nov. 20 filed a bill (HB 391) that would prohibit discrimination on the basis of sexual orientation and gender identity or expression in employment, housing, and public accommodations.

The bill, known as the Competitive Workforce Act, defines ‘‘sexual orientation’’ as ‘‘an individual’s actual or perceived heterosexuality, homosexuality, or isexuality,’’ and defines ‘‘gender identity or expression’’ as ‘‘a gender-related identity, appearance, expression, or behavior of an individual, regardless of the individual’s assigned sex at birth.’’

It applies to all employers of 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.

‘‘I am proud to be the sponsor of this very important legislation,’’ Skidmore said. ‘‘I look forward to working with OUT, Save Dade, the Palm Beach County Hu,man Rights Council and other organizations and individuals in Florida who believe that discrimination is wrong and ought to be illegal,’’ she added.

Bill Introduced Previously.

Skidmore has introduced previous incarnations of the measure, including one during a special legislative session in October 2007. That bill included sexual orientation but not gender identity discrimination, which was added last year, according to Rand Hoch, president of the Palm Beach County Human Rights Council.

The bill was praised Nov. 20 in a statement by the OUT Advocacy Network, part of Organizations United Together (OUT), ‘‘a federation of local lesbian, gay, bisexual,
transgender and allied organizations dedicatedto achieving equality and justice for lesbian, gay, bisexual and transgender Floridians.’’ PBCHRC is a member of OUT.

‘‘OUT strongly supports passage of antidiscrimination legislation, and we will work with local advocacy organizations throughout the state to build support for the law at the local level, district by district,’’ Executive Director Ted Howard said in the statement.

‘Interesting Strategy.’

Hoch told BNA Nov. 24 that ‘‘it’s an interesting strategy we have this year’’ for securing passage of lesbian, gay, bisexual, and transgender anti-discrimination legislation. He noted that historically LGBT activities only have been able to secure
the support of Democrats, which represent the minority in the Florida Legislature.

However, he said, a ‘‘comprehensive bill’’ currently is in the works that would, in addition to prohibiting sexual orientation and gender identity discrimination,
redefine ‘‘public accommodation’’ in line with federal law—which currently cover more establishments than state law—so that businesses can defend actions before
state administrative agencies rather than in federal court.

That bill also would amend the language of Florida’s fair housing statute to match that of the federal Fair Housing Act, allowing the state to retain $2 million in
federal funding that could be withdrawn without such a change, Hoch said.

‘‘We understand that discrimination is a problem and needs a solution,’’ but that defending against charges should be ‘‘easier and more affordable,’’ he added, noting
that he believes these provisions will garner the additional support of both the business community and the disability community.

Howard added that the anti-discrimination bill last year ‘‘has a record number of sponsors,’’ and ‘‘we hope to increase the number of sponsors this year.’’

Hoch said that the legislative session runs between March and May, giving his and other organizations time to educate legislators and the public about why a statutory
change is necessary. ‘‘It is not illegal in most parts of Florida to discriminate based on sexual orientation, and a lot of people do not know that," he said.

Whether or not HB 391 moves forward ‘‘really depends on what else is going on in the legislature,’’ Hoch told BNA. Because of the short legislative session, other
measures may be given priority, such as last year, when state budget problems took center stage, he said.

‘‘This year, we have reason to hope for improved chance for progress on the bill,’’ Howard added.

On the Suicide of Mike Penner -- Why the Transgendered Need Civil Rights Protections

2009-11-30T08:23:00.000-08:00

By NORM KENT

The suicide this past weekend of Los Angeles Times sportswriter Mike Penner, who for the last few years wrote under the byline of Christine Daniels, leaves me today with a desire to rant and rave over an insane anomaly in American human rights protections.

Title VII of the Civil Rights Act of 1964 protects all individuals against employment discrimination on the basis of sex as well as age, race, color, national origin, and religion. Many states go further and offer protection against discrimination because of physical or emotional disabilities, marital status, and even pregnancy discrimination.

More and more communities we know have added sexual orientation to the fold, but it seems the new Scarlett letter tearing apart American communities is a debate over whether to protect “gender identity” under civil rights statutes.

Why would anyone fight this? Discrimination is morally wrong and ought to be demonstratively illegal in any form. The very purpose of passing laws against discrimination is to prevent wrongful acts which deny equal opportunities to individuals similarly situated. If we are all presumptively equal under the law, it is correspondingly presumptively illegal if we are treated differently for no rhyme or reason.

Last year, for example, in the city of Largo, a small West Coast community in Florida, its City Manager, Steve Stanton, announced he was going for a sex change operation. The City Commission promptly held a standing room only meeting and fired him. Why? For 15 years, when he did his job as Steven he was fine. But when he chose to come into work as Susan his job was gone; her career in shambles.

What sense does this make? The role Mr. Stanton filled was managing numbers for a city budget. That task requires accounting skills, not a jockstrap or bra. His brain was not operated upon, but the community’s conscience was shocked, and it sent a ripple of disbelief through our national psyche.

Last month, President Obama selected Jenny Durkan, a Lesbian, to be the U.S. Attorney for Seattle, Washington. She was appointed because of the talents she brought to the table as a prosecutor, not her skill set in bed with her partner. What business is it of ours whether the City Manager of Largo performs the duties of the job as Steven or Susan as long as the tasks are filled with impeccable integrity?

If you were a sports fan in Los Angeles, you would have known Mike Penner as a first-rate journalist who had covered a variety of assignments including the Olympics, the Angels, tennis, and the sports media. But he made stunning news in 2007 when he announced he was a transsexual and would be writing his new columns under the name of Christine Daniels. And this affects us how?

If it is wrong to discriminate against an individual, that discrimination is inappropriate whether the person you are interacting with is male or female, straight or gay, black or white. Or Transsexual, metrosexual, bisexual, homosexual, or asexual. As long as they are not telling you to drop your pants, get over it.

Even the gay and lesbian community has moved too slowly in accepting the rights of transgendered persons. Within the gay rights movement, there was for too long silent resistance that we were pushing the envelope too far. Timid activists suggested we were ‘rocking the boat.’ Hell, why not? It needed new pilots.

Thus, as activists so too did we ultimately push the envelope on gay marriage, domestic partnerships, civil unions, equal rights in employment, and spousal benefits. If you are an activist anywhere, you have to learn to push the envelope somewhere. If you do not, someone will lick the seal and glue you in it. A civil right, like a sealed envelope, sometimes only comes about when you rip and tear that envelope. And it is not always a pretty and smooth cut.

Ultimately, then, transgender protections should not even be seen as a gay rights issue. We are simply supporting fundamental human rights protections. And while it is encouraging that such ordinances are being adopted in various communities, from Salt Lake City to Kalamazoo, we should no more have votes on inalienable human rights than we should have had majority opinions to determine whether southern states in the 1960’s should have had separate water fountains which read ‘Whites Only.’ It was simply a wrong which Time and decades needed to right. So too is it with those transsexuals who must endure wrongful ostracism today.

Legislators, not voters, need to codify equal rights protections, and they do not need popular approval to do so. What is popular is not always right, and what is right is not always popular. The same way a legislator would vote to strike down a law stating only Caucasians can sit on the front of a bus so too must they strike down a policy that allows a government agency to fire an employee because they do not approve of a transsexual. That person’s status is beyond the scope of their approval.

I do not know what killed Mike Penner this past weekend. If we learn it was a tortured conscience because of confusion over his identity, then our society lost a life uselessly. I do know when he ‘came out’ three years ago, as a married man with a wife and child, he called writing the story about his sexuality the “most frightening of all the towering mountains of fear” he ever had to conquer. He wrote: “I am a transsexual sportswriter…and it has taken more than 40 years, a million tears and hundreds of hours of soul-wrenching therapy for me to work up the courage to type those words."

If we can begin normalizing our laws today so as to promote social acceptance tomorrow, we can make a difference for those so impacted. We may even be saving a life.

Norm Kent is a Fort Lauderdale based criminal defense lawyer who is a member of the board of directors of NORML. He publishes the www.browardlawblog.com and can be reached at norm@normkent.com

Weekly ENDA Update on ENDA

2009-11-30T08:07:00.000-08:00

by Jillian Weiss

The Employment Non-Discrimination Act bill (ENDA), which was originally planned for a House vote in September or October, then November, now looks like it's headed for a February landing. That's problematic because it puts ENDA into the Senate during an ultra-difficult time: a major legislative logjam, a major jobs initiative, midterm election campaigns, and a promised Don't Ask Don't Tell repeal.

The House Committee responsible for moving ENDA along, the House Committee on Education and Labor, has been slow-walking it, claiming that it needs some minor "tweaks" on language that has been vetted for years. Rex Wockner's blog today features quotes from some high profile activists questioning the delays, including political consultant Steve Hildebrand and former National Gay and Lesbian Task Force Executive Director Matt Foreman. Congresswoman Tammy Baldwin has also been quoted as saying that delay is not good.

Meanwhile, community action calls to Committee Chair George Miller of California over the past week have been unsuccessful in obtaining any statement or action. However, under the Rules of the U.S. House of Representatives, three members of the Committee can demand a markup, which must be scheduled within three days. The names of friendly Committee members are provided after the jump so you can call and demand action.

A nation-wide community conference call has been scheduled for tomorrow, Tuesday, Dec. 1st, at noon (ET) to discuss actions we can take to push a vote on ENDA now. It will last one hour. The agenda is posted after the jump. All are welcome, and I hope you will join us.

Register here: http://tinyurl.com/voteendanow

Weekly ENDA Update

2009-11-24T09:04:00.000-08:00

To: All guests of Weekly ENDA Update
From: Jillian Weiss
Date: November 23, 2009

It was a surprise to most people that the markup of ENDA, scheduled for last Wednesday morning at 10 am, was abruptly postponed on Monday night at 6:30 pm, heralded by a terse red notice on the House Committee on Education and Labor website. After all, ENDA had been touted for months as the next promise to be kept to our community, with LGBT House leaders embracing a vote in September or October.

But in a city like DC, where reading tea leaves is a high art, it really shouldn't have been much of a surprise. Rumors of an ENDA postponement appeared two weeks ago. Congressman Frank told a reporter that ENDA could be voted on "in February," and that the Domestic Partnership Benefits and Obligations bill (DPBO) is first in line before ENDA. When I wrote about these rumors, and the major concerns about pushing ENDA into a midterm election campaign timeframe, my politico friends took me to task. I was told to "calm down and listen up." "There's no delay on ENDA in the House," he said. Another one said "Barney just made a mistake. Don't make too much of it. You're panicking. It's not time to panic yet."

Barney Frank is many things, but he did not become the most powerful U.S. Representative in DC because he has messy accidents in public in front of news reporters.

Fast forward two weeks, to today, and we now know that the rumors were absolutely correct. The ENDA markup was postponed a week ago for "technical amendments." Instead of the usual procedure of setting a date a week or two later to give enough time to address the issues, no date has been set for the markup. The Committee on Education and Labor is saying it hopes to reschedule the markup in December, but no guarantees. But it's full speed ahead on DPBO, which had its markup on time last week, and which the Advocate reports will be voted on by the end of the year and rushed off to the Senate.

And now Congress is out of session until next week. Chairman George Miller should never have postponed this, but now that he has, he needs to move ENDA first thing next week. But there's more bad news after the jump. Click here to read more: http://bit.ly/6SlxIN

Pass Enda Now!

2009-11-24T08:57:00.000-08:00

States that prohibit discrimination based on sexual orientation and gender identity. (12 states and D.C.)

States that prohibit discrimination based on sexual orientation. (21 states and D.C.)

In 29 states, it’s still legal to fire someone solely because they’re lesbian, gay, or bisexual; in 38 states it is legal to fire someone solely for being transgender.

Thousands of hardworking lesbian, gay, bisexual and transgender Americans have lost their livelihoods simply because of who they are. And millions more go to work every day facing that threat.

It's time to ban workplace discrimination on the basis of sexual orientation and gender identity.

Broward County swears in openly gay mayor

2009-11-24T08:50:00.000-08:00

by Joseph Erbentraut
EDGE Editor
Tuesday Nov 24, 2009

With his election last week as Broward County’s new mayor for the 2009-2010 term, Ken Keechl holds a new distinction as part of an already impressive resume. Now responsible for overseeing a population of 1.8 million and a budget of $3.3 billion, Keechl is the highest-ranking openly gay mayor in the country.

But the news was not been exactly shocking to Keechl, whose 2006 election to the Broward County Commission already labeled him Florida’s highest-ranking openly gay politician of any stripe in the state’s history.

But perhaps, just two days after his appointment, coming off an evening spent in the company of Virgin America’s Sir Richard Branson, the news just had not yet sunk in when EDGE had the opportunity to talk with Keechl on his recent victory. He described his appointment both as "unbelievable" and "not shocking."

"It’s still a whirlwind," Keechl said. "But when I was elected to County Commission three years ago, that was probably more shocking to me. But I don’t think ’shocking’ is the right word as much as a ’hurdle.’ The historic nature of [that victory] really affected me."

’Hurdle’ feels both more accurate and familiar for Keechl, who said he grew up poor and was the first in his family to graduate from high school. He said he "figured out" a way to get to law school before opening his own firm. And Keechl pursued his political career with similar determination.

"I’ve always known if I wanted something, I could get it," he said. "I thought it would be extremely difficult for an openly gay or lesbian person to be elected to a position of power, one that I would want."

Angered over previous Commissioner Jim Scott’s questionable decisions related to land purchases, Keechl entered the race in 2006 amid concerns his socially progressive views and sexual orientation could have proven problematic within the predominantly Republican district. They weren’t. And he won the seat through his environmental positions and his pledge to not raise taxes.

During his tenure as commissioner, Keechl also played a heavy role in championing causes for the county’s LGBT residents, though he doesn’t describe these issues or his identity as his platform’s "primary consideration." His accomplishments include adding transgender people to the county’s Human Rights Ordinance, reinforcing nearly-mandatory domestic partner benefits and sponsoring resolutions against Don’t Ask, Don’t Tell.

Having already instituted "the bulk" of specific goals for LGBT-friendly legislation,Keechl said he plans to utilize his influence to pursue further progress in the socially conservative Sunshine State. As one example, he has endorsed the progressive Attorney General candidate Dave Aronberg. He said he did not anticipate the power of his mayoral influence.

"I think I was in the right place at the right time as a gay man to ascend to a position of power as commissioner and then as the mayor," Keechl said. "It also gives me some bargaining power to bring more attention to the social issues that are important to me and the economic issues that are important to my constituents."

And owing back to his sexual orientation, Keechl said he hopes to serve as a positive example of what openly LGBT political candidates can be and accomplish. His partner Ted Adcock has remained by his side through nearly every step of his campaign, including his swearing-in ceremony last week.

"It gives me an opportunity, and a burden of course, to show people in Florida that 1.8 million people can be lead by an openly gay man or lesbian and it can be done well," Keechl said. "I want to be a role model and I’ve always wanted that."

As he looks to the year ahead in these economically turbulent, socially divisive times, he said he anticipates a lot of hard work. And Keechl added he did not rule out opposition from the state’s conservative voices. He seems ready, however, for whatever comes his way.

"I am proud to be the mayor of Broward County, proud to be an openly gay man and proud to be a role model to the extent that I am," Keechl added. "This is a great job and you have to earn it every day so I’ll work twice as hard as I worked to get there to stay there. I am looking forward to the next 12 months."

New York's Highest Court Upholds Benefits for Same-Sex Spouses in Narrow Ruling

2009-11-24T08:19:00.001-08:00

By JOANNA L. GROSSMAN

Tuesday, November 24, 2009

In a recent ruling, the New York Court of Appeals – the state's highest court -- upheld policies granting spousal benefits to some public employees who have legally married a person of the same sex in another state or country. But the Court's ruling was very narrow, and it did not rule on whether out-of-state same-sex marriages will be recognized in New York for all purposes. It implored the legislature to take up the broader question of marriage recognition, as it had earlier with the question of authorizing same-sex marriages in New York.

I will argue in this column that, in general, the question of marriage recognition is a matter for the courts, and that, in particular, New York law clearly supports the full recognition of same-sex marriages that were validly celebrated elsewhere.

The Case: Lewis v. New York State Department of Civil Service

The recent ruling involved two separate cases raising similar claims: Both challenge the legality of governmental directives that require New York officials to recognize the same-sex spouses of public employees for purposes of health insurance coverage and for certain other benefits.

One of the challenged policies, issued by the County Executive of the County of Westchester, orders every governmental office in the county "to recognize same sex marriages lawfully entered into outside the State of New York in the same manner as they currently recognize opposite sex marriages for the purposes of extending and administering all rights and benefits belonging to these couples, to the maximum extent allowed by law." The other policy, issued by the Commissioner of the New York State Department of Civil Service, is similar.

The plaintiffs in these cases(a group of Westchester taxpayers in one case, and a group of New York State taxpayers represented by the Alliance Defense Fund, in the other) claimed that the governmental directives are illegal because, they say, they are inconsistent with New York state law. Two same-sex couples who are legally married in another jurisdiction were permitted to intervene in the case to defend the directives.

The question in both cases is whether these directives are invalid – a question that should turn on whether New York law supports the recognition of same-sex marriages that were validly celebrated elsewhere.

New York's Place in the Same-Sex Marriage Landscape

Although New York's Governor has been working to push a pro-same-sex-marriage bill through the legislature, same-sex marriages cannot currently be celebrated in New York. The state Assembly has passed a bill to legalize same-sex marriage, but the state Senate has not yet taken a vote on the matter. Gay marriages can, however, be celebrated in several other states and foreign jurisdictions. To be specific, Massachusetts, Connecticut, Iowa, Vermont, and New Hampshire now permit same-sex couples to marry on the same terms as opposite-sex couples can. (California briefly allowed, and Maine almost allowed same-sex marriage; same-sex marriage was ultimately banned in both states by voter referendum.) Seven foreign countries also grant full marriage rights: The Netherlands, Belgium, Canada, Spain, South Africa, Norway, and Sweden.

Yet despite these positive developments, anti-same-sex marriage laws and constitutional provisions exist in nearly every other American state. Forty states have either a law or a constitutional amendment explicitly restricting marriage in that state to one man and one woman, and almost all of those states also deny recognition to same-sex marriages from other jurisdictions.

New York is an outlier in this landscape. It doesn't currently permit same-sex marriage, but neither does it expressly ban its governmental agencies or courts from recognizing gay unions celebrated elsewhere. The New York Domestic Relations code does not expressly define marriage to exclude same-sex couples, but the state's highest court -- the New York Court of Appeals -- ruled in 2006 in Hernandez v. Robles that the New York marriage laws implicitly forbid same-sex marriage.

In that decision, the court also rejected a constitutional challenge to such a ban, holding that the ban did not violate either the due process or equal protection clauses of the New York constitution. There is, the court wrote, no fundamental right to marry a person of the same-sex, nor any robust constitutional protection against sexual-orientation discrimination. (The decision, including a vigorous dissent by then-Chief Judge Judith Kaye, is explored in greater detail in a previous column.) The majority implored the Legislature to take up the issue, that it "will listen and decide as wisely as it can; and that those unhappy with the result—as many undoubtedly will be—will respect it as people in a democratic state should respect choices democratically made."

Marriage Celebration versus Marriage Recognition

Importantly, the question whether a marriage can be legally celebrated in a jurisdiction is entirely distinct from the question whether the marriage should be given legal effect in the state. States have always disagreed about the rules of marriage – which cover, among other things, who can marry, and under what circumstances. Amid these disagreements, states developed a set of principles to guide the interstate conflicts that inevitably arose when a couple legally married in one state, but then moved to, or simply traveled through, another.

These rules of interstate marriage-recognition revolved around the common law principle of comity: respect for the actions of sister states. Comity dictates that states should at least sometimes give effect to marriages celebrated in other states, even if they themselves would not have allowed the marriages to be celebrated in-state. (The basic rules of recognition are discussed below.)

In the case of same-sex marriage, however, the voters or legislatures of most states have taken marriage-recognition questions out of the hands of courts. Nearly all of the anti-same-sex-marriage amendments and statutes that are mentioned above explicitly provide that same-sex marriages that were validly celebrated elsewhere still cannot be given effect in-state for any purpose.

The Gap in New York Law Regarding Recognition of Same-Sex Marriages

New York, however, is one of a tiny handful of states without any law regarding the recognition of same-sex marriage. It has always followed the traditional rules, but with a particularly tolerant approach to interstate marriage-recognition.

The state's highest court has given effect to common-law marriages (marriage without any marriage license or ceremony, created by the couple's holding themselves out as married), as well as to a marriage between an uncle and a half-niece, an underage marriage, and a "proxy marriage" (where only one party shows up to the ceremony), even though New York law expressly prohibits the celebration of all these marriages. In other words, New York will not perform these unusual marriages, but will honor them if validly celebrated elsewhere.

The cornerstone of marriage-recognition law is the "place of celebration" rule, which means that a marriage is valid everywhere if it was valid where celebrated. The rule is subject to exceptions for "natural law" (an exception reserved for marriages that are abhorrent to the state's public policy) and "positive law" (an exception reserved for marriages declared "void" by statute regardless of the place of celebration).

Given the basic rules of recognition, and New York's particularly tolerant approach to such questions, the New York Court of Appeals could easily have ruled that the government directives under challenge were legal. The argument would be that New York law's tolerant approach clearly supports granting full recognition to valid same-sex marriages from other jurisdictions, just as full recognition has been granted by New York to other types of controversial marriages from other jurisdictions. The Hernandez court ruled that current law does not permit same-sex marriages and that the New York constitution does not compel them. However, those rulings do not imply that same-sex marriages are somehow inconsistent with the public policy of the State of New York.

In New York, as discussed above, there is no positive law banning same-sex marriage. More importantly, New York is one of the very few states without a statutory or constitutional ban on the celebration or recognition of same-sex marriages. In addition, the state's Attorney General has issued an opinion stating that same-sex marriages should be recognized when celebrated elsewhere under New York law (but not celebrated in New York), and the Governor has ordered all state agencies to give effect to such marriages. And lower courts in New York have held that the full recognition of same-sex marriages validly celebrated elsewhere is appropriate under New York law.

The Majority's Ruling in Lewis

A majority of the seven-member panel in Lewis, the benefits case before the New York Court of Appeals, declined to reach the question whether same-sex marriages validly celebrated elsewhere can be recognized in New York. The judges in the majority based their ruling, instead, on more technical grounds.

The plaintiffs in the case challenging the Westchester County directive had filed a "taxpayer suit," alleging that the executive order resulted in the illegal dissipation of government funds to pay for employment benefits for same-sex spouses. Although a taxpayer can sue when "acts complained of are fraudulent, or a waste of public property in the sense that they represent a use of public property or funds for entirely illegal purposes," the court ruled that these taxpayer-plaintiffs had failed to specify any circumstance in which money was spent that would not have been spent in the absence of the order. The lack of specificity was "fatal" to their claim.

In turn, the challenge against the state civil-service order claimed that the benefits order was inconsistent with the state legislature's pronouncements on spousal benefits. The Court of Appeals, however, rejected this claim, noting that the Civil Service Commission was "deliberately given broad discretion to define who will qualify for coverage," including the definition of "spouse" and "children".

These two rulings were sufficient to end the case, but three of the seven judges joined a concurring opinion urging a broader approach – one that would avoid "an unworkable pattern of conflicting executive and administrative directives promulgated pursuant to the individual discretion of each agency head."

In the concurrence, written by Judge Ciparick, the three judges bypassed the more technical arguments the majority had invoked, and argued that the directives were valid simply because same-sex marriages that are validly celebrated elsewhere "are entitled to full legal recognition in New York under our State's longstanding marriage recognition rule." Their concurring opinion draws on the long-established principles of marriage recognition, discussed above -- noting, especially, New York's history of tolerance towards disfavored types of marriage. It also draws upon New York's failure to adopt any express anti-same-sex-marriage law that might, if adopted, have indicated a strong public policy against such unions.

To the contrary, the concurrence wrote that the patchwork of New York laws and judicial decisions tolerating disfavored marriages generally, and supporting same-sex relationships specifically, demonstrates that in New York, there is "a public policy of acceptance that is simply not compatible with plaintiffs' argument that the recognition in our State of same-sex marriages validly performed elsewhere is contrary to New York public policy."

In the end, while the New York Court of Appeals was right to uphold the directives challenged in Lewis, the majority did the law a disservice by failing to adopt a full rule of recognition and resting its rulings on technicalities that were particular to the two suits before it, and unlikely to recur. New York law clearly dictates that the state's policy is full recognition of same-sex marriages validly celebrated elsewhere. That principle should (and could) have been upheld by the state's highest court – which reached the right result for a disappointingly narrow reason. While the question of whether to authorize same-sex marriages may properly have been punted to the legislature, the question of whether to recognize them belongs with the courts.

Joanna Grossman is a professor and the John DeWitt Gregory Research Scholar at Hofstra Law School in Hempstead, New York. She has also taught at Vanderbilt, UNC-Chapel Hill, Cardozo, and Tulane. She is an expert in sex discrimination and has written extensively about workplace equality, with a focus on issues such as sexual harassment and pregnancy discrimination. She is the coeditor of Gender Equality: Dimensions of Women's Equal Citizenship (Cambridge University Press 2009), an interdisciplinary collection that explores the gaps between formal commitments to gender equality and the reality of women's lives. Her research also focuses on family law, with particular emphasis on same-sex marriage and the history of divorce. Her columns on family law, trusts and estates, and discrimination, including sex discrimination and sexual harassment, may be found in the archive of her columns on this site.

GLBT activists push for Fla. non-discrimination bill

2009-11-12T10:02:00.000-08:00

Competitive Workforce Bill may be introduced in early 2010
By BOB KECSEMETY, South Florida Blade NOV. 12, 2009

A new bill is working it’s way through the drafting process, called the Competitive Workforce Bill with plans to introduce the bill to the Florida state legislature in the spring of next year—and activists are asking state residents to sign a petition encouraging legislators to support the law.

The Florida Competitive Workforce Bill adds the words “sexual orientation” and “gender identity and expression” to Florida’s current civil rights law that bans discrimination in housing, employment and public accommodations. Creators of the bill are encouraging members and friends of the gay community to sign their online petition showing support.

Many cities, counties and private companies throughout Florida already have policies prohibiting anti-gay and identity-based discrimination but the state of Florida, itself, does not have such restrictions. On the national level, the Employment Non-Discrimination Act (ENDA) has a good chance of passage and may become law before the Florida legislature adjourns next year. Florida gay rights organizers are hoping momentum from previous attempts will ensure Florida’s GLBT community receives protections, whether the national bill passes or not.

“I don’t think many people understand the kind of discrimination that gay men, lesbians, and especially transgendered people face,” said Rand Hoch, President of the Palm Beach County Human Rights Council. "The more we make elected officials aware, the more they will understand the need for this bill.

"The good thing about this year is that everyone in the GLBT and allied community is working together -- and working early," said Hoch. "Our unity says a lot"

Along with the Palm Beach County Human Rights Council, other organizations that are working to put this bill together are Organizations United Together, Equality Florida, the ACLU of Florida's LGBT Advocacy Project and the Anti-Defamation League.

There are two bills going through the process. The initial bill, the “Competitive Workforce Bill,” adds “sexual orientation” and “gender identity and expression” to current civil rights laws that prohibit discrimination in housing, employment and public accommodations. Hoch said this bill is currently in the draft stages awaiting a bill number; it should be assigned within two weeks.

The second bill is in the very early drafting stages and will be more comprehensive. The same coalition of civil rights activist organizations along with the disability community are working on this second bill. This bill brings in a wider range of civil rights issues according to Hoch and information should take several more weeks to be released.

The Competitive Workforce Bill will be presented to the state legislature this upcoming session that begins in early spring.

“We have two committed bill sponsors,” stated Mallory Wells, Public Policy Director for Equality Florida, “Representative Kelly Skidmore from West Palm Beach and Senator Dan Gelber from Miami Beach. ”

The bill must also be placed on the calendar and assigned to committees in both Houses. Last year the bill was assigned to the Senate Commerce Committee, which voted 7 to 1 in favor of the bill. However, according to Hoch, the bill never went into committee in the State House of Representatives because they were busy with the State’s economic issues.

“I think we have a great shot at a hearing this year,” said Wells. “Senator Gelber is the vice chair of the committee that the bill has been referred to and he’s such a strong advocate, and somebody who’s really going to push to have this bill heard.”

To sign the petition, go to www.eqfl.org/competitiveworkforce.

OUT ADVOCACY NETWORK URGES SUPPORT FOR COMPETITIVE WORKFORCE BILL

2009-11-10T16:27:00.000-08:00

Proposed law would prohibit discrimination

on the basis of

Sexual Orientation and Gender Identity

TAMPA, FLORIDA - 11/10/2009 - OUT Advocacy Network urges support for the Florida Competitive Workforce Bill, a bill being introduced for the 2010 legislative session. The bill will be introduced in the Florida Senate by Dan Gelber (D-Miami Beach) and in the Florida House of Representatives by Kelly Skidmore (D-Boca Raton).

The Competitive Workforce Bill is being collectively supported by a group of organizations, including Organizations United Together (OUT) Advocacy Network, ACLU of Florida, the Anti-Defamation League, Equality Florida, Palm Beach County Human Rights Council, Florida GLBT Democratic Caucus, SAVE Dade and other LGBT and allied organizations throughout the state.

Building upon anti-discrimination legislation introduced in the Florida Legislature each year since 2007, the Florida Competitive Workforce Bill would prohibit anti-LGBT discrimination in the workplace, in housing, and in public accommodations by simply adding "sexual orientation" and "gender identity and expression" to Florida's civil rights laws.

"In these difficult economic times, it is more important than ever that action be taken to ensure fair competition in the workplace, and that there be an end to discriminatory practices in Florida," said Ted Howard, Executive Director of OUT Advocacy Network.

Organizations United Together (OUT) held a training for local organizations and local leaders from throughout South Florida in Fort Lauderdale over the weekend on grassroots organizing and fundraising skills. The training participants recruited dozens of phone bank volunteers and raised thousands of dollars to build a public education effort on the issue of discrimination in Florida.

There will be a community strategy session to discuss this legislation on Saturday, December 12, 2009 in downtown Orlando.

OUT Advocacy Network is the advocacy arm of Organizations United Together (OUT), a federation of local lesbian, gay, bisexual, transgender and allied organizations dedicated to achieving equality and justice for lesbian, gay, bisexual and transgender Floridians. By connecting and empowering local organizations throughout the state to share resources, skills and knowledge, OUT aims to forge statewide strength to achieve common goals. OUT's vision is a Florida free of prejudice and discrimination where all people have full legal, political and social equality.

ENDA Hearings - Recap of Monday's meeting in the US House of Representatives

2009-11-10T11:40:00.000-08:00

By 365gay Newswire
11.09.2009 5:43pm EST

A House of Representatives committee held hearings Monday on the Employment Nondiscrimination Act, which would make it illegal to discriminate against LGBTs in employment and hiring.

“For more than three decades, gay, lesbian, bisexual, and transgender Americans have waged a courageous campaign for their workplace rights. I regret that they had to wait so long for us to respond,” said Rep. George Miller, chair of the House Education and Labor Committee.

A report from The Advocate:

The 3.5-hour hearing was mostly dominated by the testimony of pro-LGBT witnesses and questions from lawmakers who generally favor the bill. Those who opposed the legislation were few and even their arguments mostly lacked the incendiary rhetoric that sometimes accompanies LGBT issues.
“The questions that we heard, even from members who may not be thrilled with ENDA, were actually very technical issues,” said Rea Carey, executive director of the National Gay and Lesbian Task Force. “They were not the arguments that we have heard over the past 20 years that have been degrading, insulting and inhumane. I think that bodes well for the passage of ENDA.”

Representative Barney Frank of Massachusetts, lead sponsor the bill, kicked off the testimony with his usual flair.

“I find it hard to argue for legislation that bans discrimination,” he said. “It just seems to me so self evident that an American who would like to work and support himself or herself ought to be allowed to do that judged solely on his or her work ethic and talents … Sometimes, we’ve been accused — those of us who are gay and lesbian — of having a radical agenda. As I look at radicalism through history, trying to get a job or trying to join the military have not been the hallmarks of radicalism.”

Those who testified in favor of the bill also included Representative Tammy Baldwin of Wisconsin; The Honorable Stuart Ishimaru, chairman of the U.S. Equal Opportunity Employment Commission; Professor William Eskridge of Yale Law School; Rabbi David Sapperstein, director of the Religious Action Center of Reform Judaism; Brad Sears, executive director of The Williams Institute; and Vandy Beth Glenn, a former Georgia state legislative aide who had been fired due to her gender identity.

The main opposition came from GOP Representative John Kline of Minnesota and Craig Parshall, senior vice president and general counsel for the National Religious Broadcasters Association.

In his opening statement, Kline said the legislation “creates an entirely new protected class that is vaguely defined and often subjective. For instance, the legislation extends protections bas on – quote – ‘perceived’ sexual orientation.” These “vaguely defined” terms would result in an “explosion of litigation,” he added.

PASS ENDA NOW: End Employment Discrimination

2009-11-09T16:15:00.000-08:00

In 29 states, it’s still legal to fire someone solely because they’re lesbian, gay, or bisexual; in 38 states it is legal to fire someone solely for being transgender.

States that prohibit discrimination based on sexual orientation and gender identity. (12 states and D.C.)

States that prohibit discrimination based on sexual orientation. (21 states and D.C.)

Thousands of hardworking lesbian, gay, bisexual and transgender Americans have lost their livelihoods simply because of who they are. And millions more go to work every day facing that threat.

It's time to ban workplace discrimination on the basis of sexual orientation and gender identity.

Tell Congress to Pass ENDA Now!

News from the Human Rights Campaign in DC

Overdue hate crimes law a powerful tool

2009-11-08T06:56:00.000-08:00

Bill means hate-motivated violence no longer acceptable

written by Andrew L. Rosenkranz,
Florida regional director of the Anti-Defamation League.

published in the South Florida Sun-Sentinel -November 8, 2009

After more than a decade of obstruction and delay, President Obama signed a landmark federal hate crimes law called the "Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act." First introduced to Congress in 1997, this comprehensive law will provide federal, state and local law enforcement with powerful new tools to investigate, prosecute and counter hate-motivated violence.

The HCPA is a reflection of the magnitude of hate crimes. These offenses strike fear within victimized groups, polarize entire communities and tear at our nation's core values. Passage of this color-blind law, which protects any person victimized because of their actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity or disability sends the resounding message that hate-motivated violence is unacceptable.

Supported by the most important law enforcement organizations and officials in the country, including the International Association of Chiefs of Police, National District Attorneys Association and Florida Attorney General Bill McCollum, the HCPA will provide for expanded federal involvement in investigating and prosecuting hate violence, and it will arm local officials with the resources to address these terrible crimes.

Unlike Georgia and South Carolina, which have no hate crimes law protection, Florida already has a strong hate crime statute in place. While it's encouraging that only 182 hate crimes were reported in Florida in 2008, according to a recent report released by the State Attorney General's Office, hate crimes are unfortunately underreported for many reasons. In fact, in 2008, only 72 out of Florida's 413 law enforcement agencies reported hate crimes in their jurisdictions.

Especially in these difficult economic times, HCPA equips Florida law enforcement with another important tool in their arsenal against hate. It will provide smaller law enforcement agencies with the financial resources to investigate violent hate crimes and to train their officers on how to investigate these offenses. And it will give the U.S. Department of Justice the authority to step in when local law enforcement refuses to investigate bias-motivated violence.

The passage of the HCPA is the result of the Anti-Defamation League's pioneering efforts in advocating for hate crimes legislation. Since the first ADL model hate crimes statute was drafted almost 30 years ago, 45 states and the District of Columbia have enacted laws based on or similar to the ADL model, and the League will continue to play a central role in preventing and responding to hate crimes.

We commend all of our local and federal legislators who supported passage of HCPA.

http://www.sun-sentinel.com/news/opinion/commentary/fl-hate-crimes-act-forum-1108-20091105,0,2887919.story

US Department of Justice, Civil Rights Division, ENDA Testimony November 5, 2009

2009-11-06T10:14:00.000-08:00

STATEMENT OF THOMAS E. PEREZ ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF JUSTICE

BEFORE THE COMMITTEE ON HEALTH, EDUCATION, LABOR AND PENSIONS, UNITED STATES SENATE

“EMPLOYMENT NON-DISCRIMINATION ACT: ENSURING OPPORTUNITY FOR ALL AMERICANS”

Mr. Chairman, Ranking Member Enzi and members of the HELP Committee, thank you for the opportunity to appear before you today. It is a privilege to represent the Obama Administration and the Department of Justice at this hearing to consider the Employment Non- Discrimination Act (ENDA), and to voice the Administration’s strong support for fully-inclusive legislation that prohibits discrimination on the basis of sexual orientation and gender identity.

The Civil Rights Division, which I have the great honor to lead, serves as the conscience of the federal government. Our mission is clear: to uphold and protect the civil and constitutional rights of all Americans, particularly some of the most vulnerable among us. We seek to advance this Nation’s long struggle to embrace the principle so eloquently captured by Dr. Martin Luther King, Jr., that persons should be judged based on “content of their character,” and not on their race, color, sex, national origin, religion or any other irrelevant factors. Our civil rights laws – laws enforced by the Civil Rights Division – reflect and uphold this noble principle.

Just last month Congress passed and the President made history when he signed the first federal law that provides civil rights protections to lesbian, gay, bisexual and transgender (LGBT) individuals. I applaud you for recognizing the critical need for the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, and I assure you the Department of Justice is prepared to fulfill its new duties under that law. Its enactment filled a critical gap in our enforcement abilities.

Today, I come before you because passage of ENDA would provide us with the tool we need to fill another hole in our enforcement authority.

On an issue of basic equality and fundamental fairness for all Americans, we cannot in good conscience stand by and watch unjustifiable discrimination against lesbian, gay, bisexual and transgender individuals occur in the workplace without redress.

We have come too far in our struggle for “equal justice under the law” to remain silent or stoic when our LGBT brothers and sisters are still being mistreated and ostracized for reasons that have absolutely nothing to do with their skills or abilities and everything to do with myths, stereotypes, fear of the unknown, and prejudice.

No American should be denied a job or the opportunity to earn promotions, pay raises and other benefits of employment because of his or her sexual orientation or gender identity, which have no bearing on work performance. No one should be fired because he or she is gay, lesbian, bisexual or transgender. Period. ENDA would provide much needed and long overdue federal protections for LGBT individuals, who still face widespread discrimination in workplaces across the Nation. For this reason, the passage of ENDA is a top legislative priority for the Obama Administration.

Broadly stated, ENDA would prohibit intentional employment discrimination on the basis of actual or perceived sexual orientation or gender identity, by employers, employment agencies, and labor organizations. Its coverage of intentional discrimination parallels that available for individuals under Title VII, and the principles that underlie this coverage have been well-established for decades. Under ENDA, we would share responsibility for its enforcement with the Equal Employment Opportunity Commission (EEOC). Our role would be to challenge prohibited discrimination by state and local government employers.

The Civil Rights Division and other federal civil rights agencies regularly receive letters and inquiries from individuals all over the country complaining of sexual orientation and gender identity discrimination in employment. This ongoing discrimination and abuse takes many forms, ranging from cruel instances of harassment and exclusion to explicit denials of employment or career-enhancing assignments because of the individual’s sexual orientation or gender identity.
It is painfully disappointing to have to tell these working men and women that,in the United States of America in 2009, they may well be without redress because our federal employment anti-discrimination laws either exclude them or fail clearly to protect them.

Many letters sadly describe the same kind of hostility, bigotry and even hatred that other groups faced for much of our history, and which Congress responded to by passing the landmark Civil Rights Act of 1964. That Act prohibited employment discrimination on the basis of race, color, religion, sex, or national origin.

At the time the bill was debated, many of the same arguments that we hear today about ENDA – that it would open the floodgates to litigation, it would overburden employers and afford special rights to certain groups – were vociferously offered by the bill’s opponents.

No one would seriously contend that the parade of horribles predicted at the time ever became reality, and the 1964 Act, which, like ENDA, was introduced over multiple Congresses before it finally passed, has become a rock-solid foundation for our laws ensuring equality of opportunity in the workplace.

Throughout the decades that followed passage of the 1964 Act, we as a nation have recognized a need to attend to unfinished business in the fight for justice in the workplace.

Accordingly, Congress has expanded the scope of employment protections on several occasions, passing the Age Discrimination in Employment Act of 1967, the Pregnancy Discrimination Act of 1978, and the Americans With Disabilities Act of 1990. The Obama Administration believes that ENDA must be the next step, and that this Act will be a worthy addition to its venerable predecessors.

It is estimated that there are more than one million LGBT individuals working in state and local governments and just under seven million LGBT individuals employed in the private sector.

A large body of evidence demonstrates that employment discrimination against LGBT individuals remains a significant problem. The Williams Institute, a national research center on sexual orientation and gender identity law and public policy at the UCLA School of Law, conducted a year-long study of employment discrimination against LGBT individuals.

The study reviewed the numerous ways in which discrimination has been documented – in judicial opinions; in surveys of LGBT employees, state and local government officials; and in extensive evidence presented to Congress over the past fifteen years during which ENDA has been considered.

The study concluded that discrimination based on sexual orientation and gender identity is widespread and persistent in terms of quantity, geography and occupations. The study focused primarily on discrimination against LGBT employees of state and local governments, but also reviewed broader surveys that indicate that the problem is equally widespread in the private sector.

To combat the widespread employment discrimination against LGBT individuals, some states have passed laws banning discrimination based on sexual orientation and gender identity.

However, 29 states still provide no protections for lesbian, gay and bisexual individuals and 38 states provide no protection for transgender workers. State laws therefore leave large numbers of LGBT individuals without recourse for workplace discrimination on the basis of sexual orientation or gender identity.

Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act and other bedrock civil rights laws recognize that protecting valued members of our workforce from discrimination should not be left to a patchwork of state and local laws that leaves large gaps in coverage. Discrimination in my home state of Maryland is just as wrong as discrimination in Montana.

As with those laws, federal legislation prohibiting discrimination based on sexual orientation and gender identity will help eradicate workplace discrimination that should be neither tolerated nor condoned.

To underscore the need for a federal statute, I would like to review the current scope of the law. 21 states – including Connecticut, Nevada, New Hampshire, and Maryland – prohibit employment discrimination based on sexual orientation.

Another 12 states – including Iowa, New Mexico, Oregon, Colorado, Minnesota, Washington, Rhode Island, and Vermont – as well as the District of Columbia, prohibit discrimination based on sexual orientation and gender identity.

A number of local jurisdictions contain similar protections in their local laws. For example, in my home state of Maryland, Baltimore City and Montgomery County have expanded the protections available under state law by banning employment discrimination against transgendered individuals.

In states where no remedies exist, LGBT employees have no opportunity to combat egregious workplace discrimination and harassment. The recent report of the Williams Institute documents a distressing number of such allegations. For example:

• A police officer at the Pineville City Police Department in West Virginia reported regular harassment by his coworkers because of his sexual orientation, who deliberately sent him on calls without back-up. After learning of the officer’s sexual orientation, one coworker allegedly hit him across the face with a night stick, breaking the officer’s glasses and cutting his eye. The officer believes that his eventual discharge was based on his sexual orientation and not his job performance.

• An openly lesbian probation officer in Carroll County, Indiana, was allegedly denied promotion to chief probation officer because of her sexual orientation. A superior court judge allegedly told her that he would not promote her because she was a lesbian, that she was embarrassing the court by dating a woman, and that he had asked other court employees about her sexual orientation and personal life. A man with no prior probation experience was promoted to the position.

• An employee of the Virginia Museum of Natural History, a state agency, was allegedlyforced to resign because of his sexual orientation shortly after receiving a positive evaluation that otherwise would have resulted in a raise. The Executive Director of the Museum reportedly expressed concerns that the employee‘s sexual orientation would jeopardize donations to the museum. A Virginia appellate court dismissed his sexual orientation employment discrimination claim, holding that the governor‘s executive order prohibiting such discrimination did not create a private right of action.

These examples – which would fall within the Civil Rights Division’s enforcement authority under ENDA – are but a sampling of a disturbing number of reports of workplace discrimination against LGBT Americans in recent years. Unfortunately, the above LGBT employees have no opportunity to prove their claims, because they live in states that do not afford them redress.

The Williams Institute estimates that there are more than 200,000 LGBT employees in the federal workforce, yet, as in the case of state and local governments, we also lack strong statutory protection from sexual orientation and gender identity discrimination in this arena.

The Civil Service Reform Act, which prohibits discrimination on the basis of conduct not affecting job performance, has been interpreted by the Office of Personnel Management to prohibit discrimination on the basis of sexual orientation. In addition, Executive Order 13087 prohibits employment discrimination on the basis of sexual orientation in much of the Executive Branch.

But the administrative remedies available under both of these provisions are far more limited than those available to federal employees who experience other forms of discrimination, such a race, sex, or disability discrimination.

Moreover, although some courts have held that Title VII’s prohibition against sex discrimination can protect LGBT persons from certain types of discrimination under certain circumstances, the extent of such protection varies significantly from court to court. Enactment of legislation prohibiting discrimination against LGBT individuals in employment is needed to meaningfully and unambiguously prohibit employment discrimination on the basis of sexual orientation and gender identity and to give victims of such discrimination adequate remedies.

Preventing employment discrimination on the basis of sexual orientation and gender identity and providing the victims of such discrimination with a means to protect their rights not only is a matter of basic fairness, it is also a matter of enlightened economic self-interest.

As the global marketplace becomes increasingly competitive, and as we work to revitalize and strengthen our economy, America cannot afford to waste talent or allow workplace bias and hostility to impede productivity, especially when many businesses operate in multiple cities and states.

There is no reason why, for example, LGBT employees working for a company in Wisconsin, which was the first state to prohibit discrimination against LGBT individuals, should have their right to earn a living jeopardized or taken away if they are transferred across the lake to Michigan, which has not yet passed such a law.

Many of America’s top businesses already recognize that discrimination of any kind, anywhere, is bad for business and costs money. Indeed, hundreds of companies now bar employment discrimination on the basis of sexual orientation and/or gender identity.

According to the Human Rights Campaign’s recently published Corporate Equality Index 2010, as of

September 2009, 434 (87%) of the Fortune 500 companies had implemented non-discrimination policies that include sexual orientation, and 207 (41%) had policies that include gender identity.

This, of course, is just the tip of the iceberg. Although most of the nation’s largest businesses have started addressing workplace fairness for LGBT employees, significant numbers of individuals still face discrimination on the basis of sexual orientation or gender identity and desperately need the nationwide protections and remedies that ENDA would provide.

I have explained why legislation like ENDA is sorely needed in the private and public sectors and why it makes good business sense. We look forward to working with you on legislation as it advances in the Congress and are currently reviewing the proposed legislation.

We may offer some technical comments on the bill. Now let me take a few moments to briefly dispel some misconceptions about the scope and impact of the legislation.

As you know, ENDA covers cases of intentional discrimination and explicitly precludes disparate-impact claims, does not permit the use of quotas or other forms of preferential treatment. Moreover, ENDA does not apply to small businesses with fewer than 15 employees, tax-exempt private membership clubs, or religious organizations.

Indeed, ENDA contains a broad exemption for religious organizations and states that it does not apply to any corporation, association, educational institution, or society that is exempt from the religious discrimination provisions of Title VII.

In addition, nothing in ENDA infringes on an individual’s ability to practice his or her faith, to hold and adhere to religious beliefs, or to exercise First Amendment rights of free speech on these or other issues. In addition, ENDA does not apply to the relationship between the federal government and members of the armed forces, and does not affect federal, state, or local rules providing veterans’ preferences in employment decisions.

Lastly, there is nothing to suggest that ENDA will burden employers, unleash a flood of complaints that would threaten to overwhelm the EEOC or the Department of Justice, or clog the federal courts. On the contrary, the experience of states and local governments with sexual orientation and gender identity discrimination statutes for decades demonstrates that complaints under these statutes make up a relatively small portion of total employment discrimination complaints.

Moreover, the jurisdictions that prohibit discrimination on the basis of sexual orientation and gender identity have been able to implement and enforce these laws in an entirely workable manner. We fully expect that the same would hold true at the federal level.

I will conclude by noting what a great honor it is for me to testify about a legislative initiative of the late Senator Ted Kennedy, who championed ENDA for more than a decade and who constantly reminded us that civil rights are the great unfinished business of our nation.

I can think of no better way to honor his life and work than to pass ENDA and provide sorely needed protections from arbitrary and unjustified discrimination to LGBT individuals in the workplace throughout our nation.

Thank you once again for the opportunity to testify. I welcome your questions.

New Study Offers First Demographic Picture of Same-sex Spouses

2009-11-04T17:29:00.000-08:00

The Williams Institute

University of California College of Law

The Williams Institute has released a report analyzing new data from the US Census Bureau. This study is the first to examine the differences and similarities among same-sex couples and married different-sex couples in the 2008 American Community Survey (ACS). The report finds that same-sex spouses were reported in every state and are more common in states, such as Massachusetts, that permit marriage for same-sex couples or some form of legal recognition.

Williams Distinguished Scholar and study author Gary J. Gates notes that, "Despite the complicated legal status of same-sex couples in this country, many see themselves as spouses and, demographically, they look very much like married couples." When comparing same-sex spouses to same-sex unmarried couples and to married different-sex couples, the report finds many similarities between same-sex and different-sex spouses. They are similar in terms of age, education, household income, and homeownership rates. The report's findings underscore the significance of the Census Bureau's recent decision to more accurately report the responses of same-sex couples in the United States, whether as spouses or as unmarried partners.

Click here for the press release.

Click here for the full report.

OBAMA ADMINISTRATION TO ENSURE INCLUSION OF THE LGBT COMMUNITY IN HUD PROGRAMS

2009-11-02T18:14:00.000-08:00

Commissions first-ever national study of discrimination against members of the LGBT community in the renting and sale of housing

WASHINGTON, DC- U.S. Housing and Urban Development Secretary Shaun Donovan today announced a series of proposals to ensure that HUD's core housing programs are open to all, regardless of sexual orientation or gender identity.

"The evidence is clear that some are denied the opportunity to make housing choices in our nation based on who they are and that must end," said Donovan. "President Obama and I are determined that a qualified individual and family will not be denied housing choice based on sexual orientation or gender identity."

The initiatives announced today will be a proposed rule that will provide the opportunity for public comment. The proposed rule will:

clarify that the term "family" as used to describe eligible beneficiaries of our public housing and Housing Choice Voucher programs include otherwise eligible lesbian, gay, bi-sexual or transgender (LGBT) individuals and couples. HUD's public housing and voucher programs help more than three million families to rent an affordable home. The Department's intent to propose new regulations will clarify family status to ensure its subsidized housing programs are available to all families, regardless of their sexual orientation or gender identity.
require grantees and those who participate in the Department's programs to comply with local and state non-discrimination laws that cover sexual orientation or gender identity; and
specify that any FHA-insured mortgage loan must be based on the credit-worthiness of a borrower and not on unrelated factors or characteristics such as sexual orientation or gender identity.

In addition to issuance of proposed rule, HUD will commission the first-ever national study of discrimination against members of the LGBT community in the rental and sale of housing.

HUD expects to begin the regulatory process immediately. The LGBT discrimination study is similarly fast tracked. HUD undertook important research in 1977, 1989 and 2000 to study the impact of housing discrimination on the basis of race and color. It is believed that LGBT individuals and families may remain silent because in many local jurisdictions, they may have little or no legal recourse. HUD's study will examine housing discrimination based on Sexual orientation or gender identity.

While there are no national assessments of LGBT housing discrimination, there are state and local studies that have shown this sort of bias. For example, Michigan's Fair Housing Centers found that nearly 30 percent of same-sex couples were treated differently when attempting to buy or rent a home. Please visit online.

About the Fair Housing Center of the Greater Palm Beaches (FHC):
Founded in January of 2000, the Fair Housing Center of the Greater Palm Beaches, Inc. (FHC) is an Operating Member of the National Fair Housing Alliance and the voice of fair housing advocacy in our community. Through comprehensive education, advocacy and enforcement programs, the FHC provides equal access to apartments, houses, mortgage loans and insurance policies for all residents.

Mission:
The FHC is dedicated to ensuring fair and affordable housing opportunities for all people, by promoting culturally diverse communities, through open housing and the elimination of all barriers to that goal.

www.fairhousingflorida.com

Tallahassee approves domestic partner benefits, prohibts discrimination based on sexual orientation and gender identity

2009-10-29T09:01:00.000-07:00

City OKs benefits for same-sex couples

By TaMaryn Waters
TALLAHASSEE DEMOCRAT STAFF WRITER
October 29, 2009

City Hall chambers erupted in cheers and applause Wednesday after the Tallahassee City Commission unanimously voted to change its benefits policy to include same-sex and domestic partnerships.

That means significant others, no matter their sexual orientation, will be eligible for the same benefits currently available to married couples. The policy change also means a non-married couple that has been together for a number of years is eligible for benefits.

Lisa Pontoriero was among those visibly pleased by the vote.

Pontoriero, a dispatcher for the Tallahassee Police Department, was at the meeting with her partner, Melissa Yown, a TPD sergeant. Their two sons, ages 3 and 4, playfully chased each other as their parents reveled in what they saw as an overdue victory.

She said it's about respecting people's choices.

"It has taken a long time for people to understand that and kind of wrap their brains around the fact that we are people, too," Pontoriero said.

Commissioners also agreed to include sexual orientation and identity under the city's Anti-Discrimination and Anti-Harassment Policies and Procedures.

Travis Parsons, human-relations manager for the city, said Commissioner Andrew Gillum brought the issue up a few months ago during a meeting. Staffers were instructed to look into multiple sources regarding how others cities, including some in Florida, have incorporated a more inclusive approach to their benefits policy.

The city's change will allow city employees to include their partners for health, dental, vision and other benefits coverage.

"It's no different than adding new spouses or new children to their program." Parsons said.

When looking at employers across the country who provided domestic-partner benefits, Parsons said the percentage of employees receiving those benefits is between .5 percent to 2.5 percent. If that average were applied to the city of Tallahassee, Parsons said the benefits could apply to 12 to 57 people.

In an effort to avoid fraud, employees will need to provide some proof for the benefits, such as joint rental leases or a mortgage and joint-bank accounts.

Gillum shared his personal interest in this issue since he has a brother who is gay. And he said he often hears his brother's concerns about being treated as a "second-class citizen."

"I'm just very proud of the Commission today for considering this," Gillum said.

All of the commissioners showed support for this policy change.

"Quite frankly, I was surprised we had not done this a long time ago," Tallahassee Mayor John Marks said. "All individuals should be treated equally."

Commissioner Mark Mustian said, "Seems like basic fairness to me."

In other news, commissioners gave a green light for the city attorney to proceed with an eminent domain lawsuit against University Lofts, an apartment complex, to obtain property on Dewey and Virginia streets for a the Frenchtown storm-water improvement project.

The commission also approved $4 million to initiate a project that would replace a 36-inch diameter pipeline that caused significant sewage damage during Tropical Storm Fay.

Ted Deutch for Congress - GLBT Appeal for Volunteers and Contributions

2009-10-19T13:55:00.000-07:00

Dear friends,

A few years ago a friend pulled me aside at an event at Compass, Palm Beach County's gay, lesbian, bisexual and transgender community center. "Let me introduce you to Ted Deutch, a candidate for the Florida Senate, " he said. "You'll like him."

After talking for a few minutes about the Palm Beach County Human Rights Council, Ted asked me why there was no statewide gay rights law.

My response was direct. "We do not have anyone in the Florida Legislature to effectively champion our cause."

Like so many other political candidates over the years, Ted assured me that if we helped get him elected, he could help make it happen.

But Ted actually meant it.

After his first trip to Tallahassee following his election, Ted told me how just much was needed in Tallahassee to move any gay rights legislation forward. "Most of the lawmakers just don't understand the problems the GLBT community faces," Ted told me. "This is going to be a long process and we need to start now."

Ted Deutch first introduced a basic gay rights legislation in 2007. Each year since, he has reintroduced a strong bill. As the 2010 legislative session draws near, Ted continues to work with Equality Florida, the ACLU of Florida, OUT, the Palm Beach County Human Rights Council and other organizations to ensure that this year's GLBT-inclusive civil rights bill will continue to move forward in the Florida legislature.

As a result of Ted's efforts, his gay rights bill was been approved by the Senate Commerce in 2008 with overwhelming bipartisan support. This year, the bill was co-sponsored by a record number of Florida lawmakers.

When Congressman Robert Wexler announced that he would be retiring in January, the Palm Beach County Human Rights Council urged Ted to run for Congress.

Within days of announcing his candidacy, Ted was formally endorsed by the Palm Beach County Human Rights Council.

There is no doubt that once elected to Congress, Ted Deutch will carry on the tradition of his two predecessors - Congressmen Robert Wexler and Harry Johnston - by earning 100% voting records from the Human Rights Campaign (HRC).

Here is where Ted Deutch stands on pending federal legislation of concern to our community.

Ted Deutch supports the Employment Nondiscrimination Act (ENDA) and will co-sponsor laws to prohibit GLBT discrimination in housing and public accommodations.

Ted Deutch will vote to enact the Military Readiness Enhancement Act which will repeal "Don't Ask, Don't Tell."

Ted Deutch not only supports the repeal of the Defense of Marriage Act (DOMA), but also advocates for full marriage equality for gay and lesbians.

Ted Deutch supports the Domestic Partnership Benefits and Obligations Act which will provide family benefits for same-sex domestic partners of federal employees.

Ted Deutch will also help enact the Tax Equity for Health Plan Beneficiaries Act. When passed into law, this law will equalize tax treatment for employer-provided health coverage for domestic partners.

Ted Deutch supports the Uniting American Families Act so that allow Americans in long-term relationships will be able to sponsor their partners for U.S. citizenship.

And rest assured, Ted Deutch will be one of the strongest supporters in the U.S. House of Representatives to increase funding for HIV/AIDS education, treatment and research.

Now that you know why the Palm Beach County Human Rights Council is supporting Ted Deutch for Congress, you need to help elect Ted to Congress.

Ted's campaign needs you to contribute today. Whether you can afford $10, $100, $1000 or more please click here to contribute.

Or mail your check to:

Ted Deutch For Congress Campaign Committee
20423 State Road 7, Suite F6-383
Boca Raton, Florida 33498

To volunteer online for Ted's campaign , click here.

Thank you in advance for supporting Ted Deutch, Democratic Candidate for U.S. house of Representatives - 19th Congressional District.

Judge Rand Hoch (retired)
President and Founder
Palm Beach County Human Rights Council

Paid for and approved by Ted Deutch for Congress Committee

Ted Deutch for Congress - GLBT appeal

2009-10-19T13:53:00.000-07:00

Ted Deutch supports the Employment Nondiscrimination Act (ENDA) and will co-sponsor laws to prohibit GLBT discrimination in housing and public accommodations.

Ted Deutch will vote to enact the Military Readiness Enhancement Act which will repeal "Don't Ask, Don't Tell."

Ted Deutch not only supports the repeal of the Defense of Marriage Act (DOMA), but also advocates for full marriage equality for gay and lesbians.

Ted Deutch supports the Domestic Partnership Benefits and Obligations Act which will provide family benefits for same-sex domestic partners of federal employees.

Ted Deutch will also help enact the Tax Equity for Health Plan Beneficiaries Act. When passed into law, this law will equalize tax treatment for employer-provided health coverage for domestic partners.

Ted Deutch supports the Uniting American Families Act so that allow Americans in long-term relationships will be able to sponsor their partners for U.S. citizenship.

Ted Deutch For Congress Campaign Committee
20423 State Road 7, Suite F6-383
Boca Raton, Florida 33498

Twenty Senate Democrats Still Haven’t Co-Sponsored ENDA. That’s Embarrassing.Bill Nelson, Do you hear us?

2009-10-18T20:15:00.000-07:00

Earlier this summer, Senators Jeff Merkley, Susan Collins, and Olympia Snowe introduced the Employment Non-Discrimination Act (ENDA) in the U.S. Senate, a bill that (if passed) would prohibit workplace discrimination based on sexual orientation, gender identity, or disability. It's a bill that LGBT rights activists have pursued for more than a decade, and the general consensus is that the bill stands its best chance of passing during this session of Congress than at any other time in history.

Which is why it's downright surprising -- not to mention a little disappointed -- that 20 Democrats in the U.S. Senate haven't ponied up to support the bill. Among those Democrats include some of the stars of the progressive netroots, including Sen. Claire McCaskill, Sen. Jim Webb, Sen. Kay Hagan, and Sen. Jon Tester. They oughta know better.

Chris Geidner over at LawDork breaks down the 20 U.S. Senators who haven't signed on to support the bill, and notes that it's disappointing more of these folks haven't joined the ENDA club. That includes Senators from states as blue as Wisconsin and Delaware.

It's no secret that LGBT issues make Democrats in some parts of the country squeamish. But come on, there's nothing squeamish about standing up against discrimination in the workplace. And if Senators like Mary Landrieu (D-LA), who come from some of the reddest territory in the country, can support ENDA, then there's no reason Claire McCaskill or Kay Hagan or any of the like can't, either.

Check out the 20 U.S. Senators below who've not come through on this issue yet, and if you haven't already, sign this petition on change.org encouraging the U.S. Senate to pass ENDA legislation this year. Passing ENDA is a priority for the Obama administration. But the U.S. Senate has to come through for the White House first, and it's our job to pressure them to do so.

(The 20 U.S. Senators, and their phone numbers, who have yet to sign on as a co-sponsor of ENDA.)

Baucus, MT – (202) 224-2651
Bayh, IN – (202) 224-5623
Begich, AK – (202) 224-3004
Byrd, WV – (202) 224-3954
Carper, DE – (202) 224-2441
Conrad, ND – (202) 224-2043
Dorgan, ND – (202) 224-2551
Hagan, NC – (202) 224-6432
Johnson, T., SD – (202) 224-5842
Kaufman, DE – (202) 224-5042
Kohl, WI – (202) 224-5653
Lincoln, AR – (202) 224-4843
McCaskill, MO – (202) 224-6154
Nelson, Bill, FL – (202) 224-5274
Nelson, Ben, NE – (202) 224-6551
Pryor, AR – (202) 224-2353
Rockefeller, WV – (202) 224-6472
Tester, MT – (202) 224-2644
Warner, M., VA – (202) 224-2023
Webb, VA – (202) 224-4024

NAACP Chair Julian Bond on Marching for LGBT Rights

2009-10-09T07:50:00.000-07:00

Rights to be Won

By Julian Bond

The Washington Post
Friday, October 9, 2009

The civil rights struggle for legal equality in America today is no less necessary, nor worthy, than a similar struggle fought by blacks several decades ago. Now, as then, Americans are denied rights simply because of who they are. When lesbian, gay, bisexual and transgender Americans gather in Washington on Sunday for the National Equality March, they will invoke the unfulfilled promise in our Constitution that they, too, are due equal protection under the law.

I will join them in their march because I believe in their equality and believe in the 14th Amendment of the Constitution that promises to protect it. I will join them because the humanity of all people is diminished when any class of people is denied privileges granted to others. I will join them because I know that when heterosexuals stand up and call for justice alongside their lesbian, gay, bisexual and transgender brothers and sisters, the sooner justice will come.

In the ugly days of racial segregation, we had a dream. In August 1963 we came to Washington and declared that dream to the nation. Among us that day were LGBT Americans such as Bayard Rustin, the chief organizer of the '63 March on Washington for Jobs and Freedom. His homosexuality caused discomfort among some leaders of the day, and they played down his role in the march. But his heroic work has served as a model for civil rights organizers ever since.

We can no longer pretend that civil rights do not include rights for lesbian, gay, bisexual and transgender Americans. Flimsy justifications for anti-LGBT bias are giving way to evidence that society is strengthened, not weakened, when LGBT people are given equal protection under the law. Where they are free to marry those they love, the sky has not fallen. Where they cannot be denied employment and housing simply because of who they are, the sky has not fallen. Where they serve nobly in the military without the burden of secrecy, the sky has not fallen. Rather, when all people are free to live up to their full potential, all of society benefits. Yet the United States still permits all these forms of discrimination.

And this is why we must march.

My friend Coretta Scott King said in 2000: "Freedom from discrimination based on sexual orientation is surely a fundamental human right in any great democracy, as much as freedom from racial, religious, gender or ethnic discrimination." That is why the NAACP resolved several years ago that "we shall pursue all legal and constitutional means to support non-discriminatory policies and practices against persons based on race, gender, sexual orientation, nationality or cultural background."

The civil rights movement has achieved tremendous victories in past decades, and so we must again. The bias against LGBT people tolerated in this land, even at the end of the first decade of the new millennium, is ugly. We must create a better future, which will give us a past upon which we can look back and be proud. This weekend, those who believe in the ideals of our Constitution, those who have a dream that we will one day live in a nation where people will be judged not by whom they love but by the content of their character, and those who stand up for their ideals can be proud that they stood up and spoke out for justice.

The writer, a professor of history at the University of Virginia and distinguished professor in residence at American University, is board chairman of the National Association for the Advancement of Colored People.