Wisconsin Governor Signs (limited) Domestic Partnership Law

Same-sex couples in Wisconsin will soon be able to obtain domestic partnerships, giving them some of the rights of opposite-sex married couples. The passage of this law, however, is particularly interesting because Wisconsin has a constitutional amendment limiting marriage to one man and one woman and barring any relationship that is "substantially similar to marriage."

The Domestic Parntership provisions are in 09 Wisconsin Act Act 28, starting on page 604.

[Via Volokh Conspiracy]

Senate & Assmebly in Delaware Add Sexual-Orientation to Employment/Housing Anti-discrimination Protections

The DE General Assembly and Senate passed a bill adding sexual orientation to the list of protections that prohibit discrimination for housing, employment, public works contracting, public accommodations, and insurance. According to a republican house member who helped pass the bill, the governor has expressed support for it.

Here is bill's tracking page. Also see a comprehensive article on DelawareOnline.

The Bill's Short Description:

This Act adds the term “sexual orientation” to the already-existing list of prohibited practices of discrimination. As such, this Act would forbid discrimination against a person on the basis of sexual orientation in housing, employment, public works contracting, public accommodations, and insurance. In addition, this Act would establish that the Superior Court, in the first instance, would hear and adjudicate alleged criminal violations under the Act of equal accommodations, fair housing and employment discrimination.

[Via Towleroad]

Emerging Issue: Counting Same-Sex Couples in Census Data

Over the past few weeks, I've noticed a pattern of articles on various websites discussing the problems associated with the census and the agency's choice not to count same-sex couples. Based on the Bush administration's interpretation of the federal DOMA, it reasoned that the census couldn't count same-sex marriage or other partnerships. (The Obama administration is attempting to change this in time for the 2010 census.)

Not counting same-sex married (or unmarriec couples) exacerbates the lack of data surrounding the GLBT community. According to one article, there has been no regularly-conducted, reliable study asking people about sexual orientation or gender identity issues. Researchers studying GLBT issues, apparently, cobble together smaller studies in an attempt to get a national picture.

There are also mistakes in much of the census data regarding the sex of married and unmarried individuals. Merely because of people coding the census forms incorrectly, researchers' estimates of same-sex couples might be completely off. Facts such as Mississippi having the largest number of same-sex households with children and other oddities cannot be verified or challenged without the census specifically questioning and addressing this issue.

Here is just a brief set of links I've come across.
Is Your Marriage Invisible? Same-Sex Marriage and the 2010 Census
New Census Study Comparing Gay and Straight Married Couples
White House Looks to Include Same-Sex Unions in Census Count

ABA Journal Highlights Affordable Legal Documents for LGBT Community

The ABA Journal ran the story Serving Gays on the Net, profiling Lindalisa Severo and her website LegalOut. The website provides affordable, on-line legal document generation specifically catering to the LGBT community. The site also refers users to GLBT-friendly licensed attorneys.

Thanks to Kristina for the link!

Trans-inclusive Non-discrimination Act Submitted to Congress

Barney Frank, along with about 100 other congress people, submitted an employment non-discrimination act to the House. It bars discrimination based on sexual orientation, perceived sexual orientation, and gender identity in employment practices.

Here is the bill tracking. Check out coverage at the Daily Kos and Windy City Times.

White House Drafting Guidelines Barring Workplace Discrimination Against Transgender Federal Employees

See the New York Times article New Protections for Transgendered Federal Workers.

Same-Sex Benefits Memo Signed by Obama (With Video)

Memo here.

Obama Stops Short of Full Health Care Benefits

As scheduled, Pres. Obama released a statement regarding the memorandum extending limited benefits to same-sex partners of federal employees and expressing support for Lieberman-Baldwin bill, which would extend all the same benefits to same-sex partners of federal employees. Reporting from MSNBC.

Benefits for Federal Employee's Same-Sex Partners

After strong criticism from LGBT legal and advocacy organizations, CNN reports that Obama will sign a memorandum today, Wednesday, June 17th, that will grant health care and other benefits to same-sex partners of federal employees.

A more detailed report from The New York Times states that Obama will make the announcement and sign the memorandum this evening in the Oval Office. In the announcement, he will specify which benefits will be extended, as he will reportedly stop short of full health insurance coverage.

First Victory in GLAD's DOMA Case

The Department of Justice sent a letter to GLAD stating that the State Department has "amended the relevant provision of its Foreign Affairs Manual ("FAM") to provide for the issuance of passports in a new name based on a legal name change recognized under state law." Gay & Lesbian Advocates & Defenders (GLAD) filed Gill v. Office of Personnel Management, a lawsuit challenging section 3 of the federal Defense of Marriage Act (DOMA) in March 2009. Prior to this change, the federal government refused to update individuals' names on passports based on state marriage certificates for same-sex couples because of DOMA. For more information regarding Gill, visit http://www.glad.com/doma, or for more information regarding this victory, see GLAD's press release.

Same-Sex Marriage in Israel

The BBC reported last week that several gay couples would be married following Israel's gay pride parade in Tel Aviv. The article states that although the weddings will fit Jewish tradition, the couples will not be afforded any of the traditional benefits of marriage because the state only recognizes marriages that conform to the standards of the Orthodox establishment.

Haaretz, an Israeli news source, reports that five couples were married in a ceremony on the beach at sunset on Friday, June 12th. The ceremony followed the eleventh annual gay pride parade in Tel Aviv. The wedding followed traditional Jewish marriage rites, including the exchange of rings and vows before breaking a glass.

China's First Gay Pride Festival Held in Shanghai

The BBC reports that China's first gay pride festival was held last week in Shanghai, "one of the most open and progressive Chinese cities." China is not traditionally tolerant of gays and lesbians and organizers of the week-long festival expressed concern that the government would shut down the events. Instead of holding a parade, the organizers planned a week of events held in private venues.

Obama Administration's Latest Stance on Gay Marriage

On the evening of June 11th the United States Department of Justice filed a motion to dismiss in a lawsuit filed in district court in California challenging sections 2 and 3 of DOMA on behalf of a gay couple legally married in California. Here is a link to the motion. Associated Press reporting on the motion. LGBT legal organizations released a statement the following day condemning the defense of DOMA, particularly the Bush era-esque language used by the DOJ. The full statement from the organizations is below. You can also find the statement on GLAD's website. Reporting from CBSNews, ABCNews, and The Wall Street Journal. Additionally, an editorial was published in The New York Times on June 15th criticizing the DOJ's decision to defend the law so vigorously.



LGBT Legal and Advocacy Groups Decry Obama Administration's Defense of DOMA
FOR IMMEDIATE RELEASE: June 12, 2009
Contact: Carisa Cunningham, GLAD (617) 426-1350

We are very surprised and deeply disappointed in the manner in which the Obama administration has defended the so-called Defense of Marriage Act against Smelt v. United States, a lawsuit brought in federal court in California by a married same-sex couple asking the federal government to treat them equally with respect to federal protections and benefits. The administration is using many of the same flawed legal arguments that the Bush administration used. These arguments rightly have been rejected by several state supreme courts as legally unsound and obviously discriminatory.

We disagree with many of the administration’s arguments, for example that DOMA is a valid exercise of Congress’s power, is consistent with Equal Protection or Due Process principles, and does not impinge upon rights that are recognized as fundamental.
We are also extremely disturbed by a new and nonsensical argument the administration has advanced suggesting that the federal government needs to be “neutral” with regard to its treatment of married same-sex couples in order to ensure that federal tax money collected from across the country not be used to assist same-sex couples duly married by their home states. There is nothing “neutral” about the federal government’s discriminatory denial of fair treatment to married same-sex couples: DOMA wrongly bars the federal government from providing any of the over one thousand federal protections to the many thousands of couples who marry in six states. This notion of “neutrality” ignores the fact that while married same-sex couples pay their full share of income and social security taxes, they are prevented by DOMA from receiving the corresponding same benefits that married heterosexual taxpayers receive. It is the married same-sex couples, not heterosexuals in other parts of the country, who are financially and personally damaged in significant ways by DOMA. For the Obama administration to suggest otherwise simply departs from both mathematical and legal reality.
When President Obama was courting lesbian, gay, bisexual and transgender voters, he said that he believed that DOMA should be repealed. We ask him to live up to his emphatic campaign promises, to stop making false and damaging legal arguments, and immediately to introduce a bill to repeal DOMA and ensure that every married couple in America has the same access to federal protections.

SIGNED:
American Civil Liberties Union
Gay & Lesbian Advocates & Defenders
Lambda Legal
National Center for Lesbian Rights
Human Rights Campaign
The Task Force

US Senate Hearing on Gay Immigration Bill

The Senate Judiciary Committee is holding hearings on the Uniting American Families Act, which would allow U.S. citizens and permanent residents to sponsor their same-sex partners to stay in the U.S. as residents. One of the people who testified is Shirley Tan, a Philippines national, who became the subject of national news coverage when she was about to be deported. Her female partner cannot sponsor her as a U.S. resident because the right is limited to opposite-sex married couples.

Here is some of the video from the hearing:



The senate's bill is S.424 and the House is H.1024. The Washington Blade covered it here.Thanks to Sexual Orientation and the Law and to Inside, Looking Out.

Updated Gay Marriage & Civil Union Map

NPR has updated their interactive gay marriage and civil union map (static image to left).

Although I think the difference between "marriage" and "civil unions" is important, I think we can take a moment to recognize that 11 states now provide all or almost all the protections of marriage to same-sex couples. The practical effect that death benefits, financial protections, spousal/partner benefits, parental rights, and countless others rights are dramatic and serve to support the spouses and children of gay families.

A few notes about the NPR map...

• California has domestic partnerships that are almost exactly the same as marriage.
• Nevada's civil union law will take effect on October 1st, but omits some critical rights such as requiring private employers to provide medical or other benefits to domestic partners (even though they would be required to grant similar rights to married spouses).
• Rhode Island is currently considering several bills: one that permits same-sex marriage (HS 5744), another that would prohibit it, and one to put it to public referendum.
  

Marriage Debate Between National Organization for Marriage & UPenn Law Professor Tobias Wolff

Although slightly departing from the legal nature of the gay marriage debate, CNN had a debate between Tobias Wolff, a University of Pennsylvania law professor and advisor to the Obama campaign on LGBT issues, and Maggie Gallagher, a representative from the National Organization for Marriage. Watch it here...

Secretary Clinton's Committment to Gay Rights

Secretary of State Hillary Clinton issued her own statement on June 1st recognizing the month of June as LGBT Pride month. The Associated Press, in its reporting, notes Sec. Clinton's affirmation her support for gay rights both at home and abroad this week. Sec. Clinton also plans to extend benefits to gay and lesbian partners of American diplomats, according to CNN.

Marriage Equality in New Hampshire!

Governor Lynch signed the New Hampshire marriage equality bill about an hour after the NH House approved the measure this afternoon, according to MSNBC. New Hampshire is now the sixth state to recognize same-sex marriage and the fourth to do so this year.

New Hampshire House Passes Marriage Equality Bill

The New Hampshire House just passed a measure that grants full marriage equality in the state by a vote of 198 to 176. The bill will now be sent to Gov. Lynch, who has indicated that, with the most recent revisions, he will sign it.

NH Marriage Update

The New York Times reports that, as expected, the NH Senate approved the new version of the marriage equality bill. The NH House will vote on the bill this afternoon.

House vote should be coming soon. Watch live feed on the NH House website.

WH Press Secretary Gibbs on Obama's Pick for Secretary of the Army & DADT

When asked yesterday by Kerry Eleveld of The Advocate, White House Press Secretary Robert Gibbs stated that President Obama's nominee for secretary of the Army, Republican representative John McHugh, agrees with the president that Don't Ask, Don't Tell should be changed. Gibbs stated that, "[Changing DADT is] a priority of the president's and I think, for any number of reasons, we have a nominee that we hope will be confirmed quickly and will...help to improve the lives of the Army."

New Hampshire Legislature Expected to Vote on Revised Marriage Bill Today

The New Hampshire legislature will vote this afternoon on a revised version of a bill that would grant full marriage equality in the state if approved. The New York Times reported on the major changes to the bill since Gov. Lynch sent back the original version. The current bill contains more specific protections for religious organizations, societies, and associations.

Get updates throughout the day on Twitter from GLAD.

Pres. Obama's Proclamation on LGBT Pride Month

Pres. Obama issued a presidential proclamation on June 1st declaring this month Lesbian, Gay, Bisexual, and Transgender Pride Month.

Nevada Legislature Overrides Governor's Veto on Domestic Partnerships

CNN reported that over the past weekend both houses of the Nevada legislature voted to override Governor Jim Gibbons veto, thereby legalizing domestic partnerships in Nevada. The measure will extend some of the rights given to married couples to those in domestic partnership, including same-sex couples. The bill will take effect on October 1st.