Professional Documents
Culture Documents
Lambda Legal Docket 2011
Lambda Legal Docket 2011
Lambda Legal Docket 2011
DOCKET SUMMARY
TABLE OF CONTENTS
I. Relationship Equality for LGBT Couples II. LGBT Parents and Their Families III. Workplace Fairness IV. HIV Rights V. Health Care Fairness VI. Transgender Rights VII. LGBTQ Youth & Schools VIII. LGBTQ Youth in Out-of-Home Care IX. Government Misconduct X. Proyecto Igualdad XI. Fair Courts Project XII. Help Desk
This Docket Summary outlines important developments that took place over the past 12 months as of September 2011.
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Garden State Equality v. Dow Back to New Jersey for Marriage Equality!
After nearly a decade of fighting for marriage equality in New Jersey, Lambda Legal is back in court representing Garden State Equality, New Jerseys statewide LGBT advocacy organization, and seven same-sex couples and their children who are harmed by New Jerseys unequal civil union system. Our case argues that the civil union law violates both the New Jersey Constitution and the federal Constitution. New Jerseys civil unions create a confusing legal status for same-sex couples and their children, often resulting in harms during times of medical emergencies, and also deny workplace benefits and protections equal to those accorded (afforded?) to married people. This exclusion deprives them of certainty in their legal rights and status, and often increases financial burdens. We hope that our long history of work in New Jersey produces full marriage equality soon.
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IRS Regulation Changes Educating Our Community on New Rights and Responsibilities
In the fall of 2010, the Internal Revenue Service (IRS) made an important policy change to recognize the shared property of same-sex couples in three states with a specific intersection of laws (joint property rules and broad marriage or domestic partner laws): California, Washington, and Nevada. We jumped to action to help educate community members impacted by this change for the 2010 tax filing season. We created and distributed a fact sheet in both English and Spanish that was posted on our website and viewed 8,190 times. We also organized public forums in Los Angeles, San Diego, San Francisco, and Seattle, and moderated an additional public forum designed specifically to reach people of color in Los Angeles. We hosted three public teleconferences for all affected couples and responded to over 220 calls to our free Help Desk hotline from couples in these states with questions about the new IRS regulations. Through these public events and teleconferences, we were able to directly educate over 1,500 couples on how to navigate the new regulations. We plan to launch a second round of educational forums for the 2011 tax season.
Appling v. Doyle Victory (again)! Curbing Anti-Gay Attacks on Same Sex Couples
In a recent victory, for the second time we helped to prevent Wisconsins domestic partner registry from legal attacks by the anti-LGBT organizations Alliance Defense Fund and Wisconsin Family Action. In 2009 and 2010, the anti-gay groups initiated legal proceedings claiming that the domestic partnership law violated Wisconsins antigay constitutional amendment barring marriage equality. In both situations we intervened on behalf of Fair Wisconsinthe statewide LGBT advocacy groupand its members. Though far from providing comprehensive benefits similar to marriage, Wisconsins domestic partnership registry provides over 15,000 same-sex couples across the state with vital legal protections during times of illness and crisis.
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Perry v. Brown (Formerly Perry v. Schwarzenegger) Assisting with California Marriage Litigation & Challenging Attacks on Openly LGBT Justices.
The first ruling in the Perry case, issued in August 2010, was a resounding victory for marriage equalityholding that Proposition 8 cannot stand because it violates the equal protection and due process rights of Californians in same-sex relationships. Drawing directly from Lambda Legals historic work for marriage equality, including our Iowa marriage case, we continue to consult extensively with Ted Olson, David Boies and their legal team, after having helped shape the expert witness presentations that proved withholding marriage harms same-sex couples and their families. Lambda Legal, along with other LGBT rights organizations, took a strong public stand against a motion filed by Proposition 8 supporters to overturn the August 2010 ruling because the judge who made the decision was in a long-term relationship with another man. We filed an amicus brief along with the ACLU and NCLR, arguing that the motion was offensive and closely parallels long-discredited historical attempts to disqualify judges based on their race, sex or religion. Thankfully a federal court ruled that a judge being gay is not grounds for recusal, allowing the August 2010 ruling against Proposition 8 to stand. Even though it is clear that Proposition 8 was ruled unconstitutional because it violated the constitutionnot because the judge who issued the ruling is gaythe proponents of Proposition 8 are now appealing their rejected motion.
DeWolf and Watts v. Countrywide Led to Fannie Mae Policy Change Benefiting Thousands of LGBT Homeowners
In August 2010, Lambda Legal settled our lawsuit against Countrywide Financial after the Federal National Mortgage Association (Fannie Mae) announced policy changes allowing homeowners to add their domestic partners to their homes deed without penalty. Lambda Legal filed a discrimination lawsuit in 2007 on behalf of a lesbian couple after Countrywide declared their homes mortgage to be in default when the deed holder attempted to add her female partner to their homes deed and mortgage. Our work in this case prompted Fannie Maes policy changes, which now permits people in all 50 states to add their domestic partner or other cohabitants to their home deed without penalty. We hope other leaders in the home mortgage industry will make similar policy changes.
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Catholic Charities et al. v. Illinois et al. Preventing State Funding of Discriminatory Child Welfare Agencies.
See Youth in Out-of-Home-Care
In the Matter of L.K.M. Seeking Equal Co-Parenting Rights for LGBT Couples
In this Ohio case, Lambda Legal represented Michele Hobbs, a non-biological mother seeking shared custody and visitation rights with the child she has parented with her former same-sex partner. In 2010, the case was accepted by the Ohio Supreme Court, which disappointingly found in favor of the biological mother, granting her full custody. Though this is the final and tragic decision for this case, we find optimism in the Hon. Justice Paul Pfeifers dissenting opinion stating, The majoritys decision today is the last step in this saga, and sadly, the best interests of [the child] will never have been considered at any level. Instead, Mullens self-interest will be the sole determining factor. Besides Hobbs and Lucy, common decency is another victim in this case. Mullen was able to use the law as a weapon because same-sex co-parents lack legal rights. We are confident that another case will arise where Lambda Legal will right this wrong. Lambda Legal had been spearheading this case since 2007.
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WORKPLACE FAIRNESS
Gill v. Devlin Fighting Workplace Discrimination on Behalf of a Public Employee
In a new lawsuit, we have filed a case in the federal court of Northern Texas representing a lesbian who was denied the opportunity to interview for a full-time position at a community college after being told by her department chair that the school is a conservative institution that does not like homosexuals. All other adjunct faculty members in her same position who applied were hired; yet our client was denied the opportunity even to have her application considered. This public employee discrimination case presents opportunities to advance the Obama Administrations position that sexual orientation discrimination should be given heightened scrutiny, and to highlight employment discrimination issues in Texas and other states in the South.
Glenn v. Brumby Preserving a Landmark Victory: Federal Court Protects Transgender State Employees
We continue to defend an appeal of a federal court victory we achieved in which our plaintiff, Vandy Beth Glenn, was found to have been unconstitutionally discriminated against based on her supervisors perception that she failed to conform to gender stereotypes about how men and women should dress. Vandy Beth Glenn is a transgender woman who was fired from her job as Legislative Editor of the Georgia General Assembly after she told her supervisor that she planned to transition from male to female. The decision has been appealed by the defendant. This ruling was a major victory for all transgender people across the country, but the fact that this discrimination occurred in the first place and was defended in court by the state highlights the need for a clear provision in federal law prohibiting gender identity discrimination.
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HIV RIGHTS
Roe v. City of Atlanta Led to Fannie Mae Policy Change Benefiting Thousands of LGBT Homeowners
We have agreed to become lead counsel in the appeal of the Roe v. City of Atlanta case, which we have been assisting with behind the scenes for several years. This is an employment discrimination case brought by a former police officer living with HIV who was terminated based on concerns that he might transmit the disease on the job. The trial judge ruled against our plaintiff, saying he failed to demonstrate that he did not pose a direct threat of transmitting HIV to people with whom he came in contact. Our appeal challenges this ruling and also asserts that the city violated several existing federal disability discrimination laws because they unlawfully subjected the plaintiff to a pre-employment medical exam before extending a conditional offer of employment to him.
Franke v. Parkstone Living Center, Inc. Victory! Fighting HIV Discrimination in Long-Term Care
Lambda Legal successfully settled a case in which we represented a 75yearold retired minister, Rev. Frank, who was evicted from an assisted living facility in Arkansas when officials discovered he was HIV-positive. Discrimination against people living with HIV who seek access to elder care occurs throughout the country and is a growing concern as more people with HIV survive into their senior years. We took on this case to protect Rev. Franke and to challenge the outdated and misguided beliefs about HIV transmission that often lead to discrimination against people with HIV by nursing homes and assisted living facilities. We also told Rev. Frankes story to educate the public and long-term care providers about the discrimination these seniors often face.
Rose v. Cahee Victory! Defending the Right to Medical Care for People with HIV in Prisons
Lambda Legal and AIDS Resource Center of Wisconsin (ARCW) successfully resolved a federal lawsuit in which an incarcerated Wisconsin woman was denied necessary surgery because she has HIV. The lawsuit alleged that those who were asked to provide health care to the woman violated both federal and state law by refusing to do so because of her HIV status. Access to health care for people living with HIV remains a serious problem. Our public education and advocacy work surrounding this case has helped send a clear message to health care providers: there is no free pass to discriminate based on unfounded fears regarding the transmission of HIV. the child and her whereabouts are not known.
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TRANSGENDER RIGHTS
Esquivel v. Oregon Equal Insurance Coverage for Transgender State Employees Homeowners
In June of 2011, Lambda Legal filed a case on behalf of Alec Esquivel who was denied health care coverage for a medically necessary procedure specifically because he is transgender. Alec was diagnosed with Gender Identity Disorder (GID) and began to take steps to have his body match his male gender identity. As part of his transition-related health plan, Alec sought insurance coverage for a hysterectomy, a procedure that routinely is covered for other employees under the states health plan. However, Alec was denied a request for insurance coverage based on the plans categorical exclusion of transition-related health carea direct violation of Oregons antidiscrimination guarantees. Lambda Legals lawsuit argues that denying a public employee the same coverage that others receive because of the employees gender identity violates Oregons Equality Act and its guarantees of equal treatment in the workplace regardless of gender identity.
Glenn v. Brumby Preserving a Landmark Victory: Federal Court Protects Transgender State Employees
See Workplace Fairness
Fields v. Smith Victory! Equal Medical Treatment for Transgender People in State Prison
Thanks to the hard work of Lambda Legal, ACLU, and local cooperating attorneys, we successfully struck down the so-called Inmate Sex Change Prevention Act of Wisconsin that prevented prison doctors from providing hormone therapy to transgender inmateseven inmates who had been receiving hormone therapy for years beforehand. We originally filed a lawsuit in 2006 after the Wisconsin legislature enacted a discriminatory law that cruelly singled out transgender people by denying themand only themthe medical care they need. We argued the law violated the federal Constitutions guarantees of equal protection as well as the guarantees against cruel and unusual punishment in denying needed medical treatment to transgender prisoners. Too often the medical needs of transgender persons are not treated as serious health issues. We concur with the court ruling that states, Refusing to provide effective treatment for a serious medical condition serves no valid purpose and amounts to torture.
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Logan v. Gary Community School Corporation Victory! Settlement Yields Safer School District and Gender-Respecting Policies
In January of 2011, Lambda Legal successfully settled a case against Gary Community School Corporation of Indiana that included revisions to the school districts dress code and non-discrimination policies such that both policies now include specific protections for lesbian, gay, bisexual and transgender (LGBT) students. The school district also agreed to conduct training for the administration and school board members on LGBT issues and respectful treatment of LGBT people. In this case K.K. Logan, a transgender student who presents as female but was assigned the sex designation of male at birth, attended West Side High School in Gary, Ind., during her junior and senior year. When Logan attended the prom wearing a dress in 2007, she was literally blocked by the principal from entering the banquet center where the prom was held. Lambda Legal filed a lawsuit on behalf of Logan, arguing that the school violated her First Amendment rights, including the freedoms of speech, symbolic action and expressive conduct.
Supporting Federal Protections for LGBTQ Students and Allies in the Midst of a Bullying Epidemic
To help create more protections for LGBT students in schools, we worked with our coalition partners to help re-introduce the federal Student Non-Discrimination Act (SNDA) after the 2010 version failed to move forward. Without specific protections under federal law, LGBTQ students have long been at a significant disadvantage. All students have a right to a safe learning environment and this law will mandate that public schools have a specific responsibility to provide that with regard to students targeted based on their sexual orientation or gender identity. Lambda Legals attorneys used their extensive experience litigating against school-related LGBTQ harassment to help draft the bills language. In addition, we have asked former clients to help educate Congress on the importance of SNDA.
Ithaca City School District v. New York State Division of Human Rights Victory! Human Rights for All Students
Lambda Legal filed a friend-of-the-court brief on behalf of itself and many other human rights organizations in support of an African-American middle school student who was subjected to repeated racial harassment. The school district argued that the New York State Human Rights Law (NYSHRL) did not apply to it as a public school. This is an important case for Lambda Legal and for all civil rights organizations, because the NYSHRL explicitly requires schools to protect students against harassment as well as other forms of discrimination, and ensures an accessible and inexpensive forum for protecting the rights of the vast majority of students in New York State who attend public schools.
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Catholic Charities et al. v. Illinois et al. Preventing State Funding of Discriminatory Child Welfare Agencies
Lambda Legal filed a friend-of-the-court brief representing the interests of national and state-based child welfare organization in a lawsuit brought by Catholic Charities against the State of Illinois. In this case, the Dioceses seek state funding of their foster care services even though they will not follow state law by refusing to license couples in civil unions as foster parents, claiming they are exempt from state nondiscrimination requirements on religious grounds. The court ruled against them and upheld the right of the state to deny them funding. To allow these Dioceses to exclude an entire class of people as potential foster parents would violate Illinois and federal law and deny many Illinois children their best opportunity for a better life. Allowing the Dioceses to exclude couples would also send a message of exclusion to LGBTQ youth in state care, who are particularly vulnerable. LGBTQ adolescents are disproportionately represented in foster care populations because they often experience rejection by their own families. If the Dioceses continued to receive state funding under these circumstances, these children would be told by the authorities caring for them and by their government that they are morally unworthy ever of forming families of their own and that their future relationships in adulthood - no matter how loving, how committed, or how responsible - will be inferior to those in other families.
L.P. v. City of Philadelphia Victory! Creating One More Safe Space for Transgender Youth in Philadelphia
As a result of a discrimination complaint filed on behalf of a now 18-year old transgender woman who was physically attacked by other residents and verbally abused by staff of a Philadelphia youth dentition facility, we have ensured Philadelphias Department of Human Services (DHS) and the Youth Study Center (YSC) will adopt new policies and training to ensure transgender youth under their care are safe and will not be discriminated against because of who they are. New YSC non-discrimination policies will include specific protections for transgender youth. Furthermore, accommodations will be made to fit with the youths preferred gender identity, such as being housed in a unit that corresponds to their gender identity, identified by their preferred name and the pronoun that reflects the youths gender identity, and provided with clothing and grooming options throughout their stay at the facility. DHS will also provide training for all YSC agents, providers and staff on LGBT issues and respectful treatment of LGBT youth. We hope to use this work to press for other juvenile justice systems in the state and across the country to proactively implement LGBT policies to prevent discrimination and the mistreatment of their LGBTQ youth.
Policy
We have been working with several New York City LGBTQ youth advocates to have the New York City Administration of Children Services adopt LGBT policies and guidelines. In July 2011 ACS issued two groundbreaking polices that provide guidance to both foster care and juvenile justice staff on how to better serve LGBT youth in their care.
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GOVERNMENT MISCONDUCT
Calhoun v. Pennington Victory! Protecting LGBT Citizens From Unfair Police Conduct Through Policy Reform and Trainings
In December 2010 we secured a settlement in our case against the Atlanta Police Department (APD) requiring the Department to rewrite unconstitutional policies regarding arrest, search and seizure, and make other changes to protect the public from police misconduct. We originally filed this suit, together with local co-counsel, in 2009 after officers from the APD raided the Atlanta Eagle bara bar frequented by gay men and illegally detained and searched every patron, yet not a single patron was charged with a crime. Our civil rights lawsuit on behalf of the bar owner and patrons against the City of Atlanta, the Chief of Police of the APD and dozens of individual officers, claimed violations of both the U.S. and Georgia constitutions as well as Georgia state law. We have monitored APD actions to ensure that the terms of the settlement were complied with (including new training, policy changes and conducting a thorough investigation of each officers actions and the events leading up to the raid). We participated in the required investigation to ensure transparency, expose wrong-doing, and ensure that no other law-abiding citizen is similarly treated. The investigation confirmed that Atlanta police officers broke the law during the raid, and found 24 officers guilty of false imprisonment. Ten officers were found to have lied about their actions, ten officers were found to have illegally destroyed evidence in our federal lawsuit, and several APD senior commanders were held responsible. Lambda Legal has initiated community education efforts to ensure that people in Atlanta know their rights when dealing with the police, and has attended city council meetings and meetings of community organizations that work on issues of police accountability.
Demanding Equal Justice for LGBTQ Victims of Violent and Hate-Based Attacks in New York
Just days after New York witnessed hundreds of same-sex couples get married in July 2011, Lambda Legal filed a lawsuit on behalf of a woman who was violently assaulted at a Sizzler restaurant in Queens, New York, because she did not conform to stereotypes of how a woman should look or act. Our client was violently shoved and kicked by the restaurants manager after being accused of not paying, and was called a dyke. The restaurant quickly devolved into a threatening scene when patrons began terrorizing our client, screaming at her, spewing homophobic and hate-filled epithets. In our lawsuit we claim the Queens-based Sizzler violated the New York City and State Civil and Human Rights Laws because our client was violently attacked and discriminated against based on her actual or perceived sexual orientation, gender identity or expression and sex in a place of public accommodation. This case is the first test of the newly enacted bias crime law passed in August 2010 to hold individuals accountable for anti-LGBT violence and intimidation. Furthermore, this case will help shine a spotlight on the misguided actions of the New York City Police Department (NYPD) during this incident. The NYPD officers who responded in this matter refused to arrest the perpetrators. They additionally belittled our client and did not document the incident as a hate crime.
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PROYECTO IGUALDAD
Advocating to End the Mistreatment of LGBT and HIV-Affected Immigrant Detainees
We have partnered with over 15 different LGBT, HIV and Immigrant Rights organizations to urge the U.S. Department of Homeland Security (DHS) to protect and uphold the rights of LGBT and HIV-affected immigrants in immigration detention centers. In a letter that Lambda Legal drafted and submitted to DHS, we point out several systemic problems in immigrant detention facilities across the country that begin with not knowing where and how to house LGBT individuals. The advocacy letter also explains that LGBT individuals are being segregated and placed in solitary confinement and that transgender people are not assigned to housing in accordance with their gender identity. They are denied medically necessary treatments like those for gender identity disorder, including access to hormone treatment for transgender individuals. Immigrants with HIV also continue to unnecessarily suffer - and even die - while in immigration detention because facilities fail to meet standards for the treatment of HIV in correctional settings. Lambda Legal urged DHS to create and implement protocols to prevent LGBT civil rights abuses. As a result of our advocacy work, we were invited to present at a Congressional Briefing on immigration detention conditions, and to participate in a Listening Session on LGBT issues held by DHS. We continue to closely monitor efforts by DHS and other federal agencies to remedy the treatment of LGBT and HIV-affected immigrants.
Castro-Martinez v. Holder Helping set Protective Precedent for LGBTQ Immigrants Seeking Asylum
Lambda Legal, along with several other immigrants rights, civil rights, and LGBT groups, submitted critical legal advocacy asking a federal court to rehear an appeal denying asylum to a gay man from Mexico because the original decision improperly imposed obstacles to asylum that would wrongly deny relief to a large number of LGBT people subjected to persecution in other countries.
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25%
OF HELP DESK CALLERS FOUND US THROUGH THE INTERNET
17% WORKPLACE 12% RELATIONSHIPS 9% PARENTS & CHILDREN 5% CRIMINAL/PRISONS/ CRIMINALIZATION OF HIV 5% HARASSMENT 4% HOUSING/PUBLIC ACCOMMODATION 4% IMMIGRATION 3% YOUTH/SCHOOLS 2% IDENTIFICATION DOCUMENTS 1% HIV CONFIDENTIALITY 1% INSURANCE 33% GENERAL QUESTIONS ABOUT LGBT AND HIVRELATED RIGHTS
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