Celebrity Friday: Pougnet Decides Not To Run For Congress

 Steve Pougnet is the openly gay Mayor of Palm Springs. He was also the Democratic nominee for the 45th Congressional District of California in the 2010 federal elections. He was widely expected to seek a rematch in 2012 but recently he announced that he would seek re-election as Mayor of Palm Springs in Fall 2011 and would suspend his 2012 Congressional campaign.

Palm Springs Mayor Steve Pougnet announced Thursday he will not seek to unseat Rep. Mary Bono Mack, R-Palm Springs, in the 2012 election.

Instead, Pougnet told friends and supporters at the Hyatt Regency Suites that he wants to focus on finishing his job as the city’s mayor.

“The new congressional district is one that a Democrat can win," Pougnet told Patch. "There are some wonderful things happening here in the city of Palm Springs.”

Good luck to Mayor Pougnet on winning a second term. Let's hope some ohter Democrat steps up to the plate to challenge Chaz Bono's step-mom, the odious Rep. Mary Bono Mack.

Rash Of Violent Anti-Gay Hate Crimes In Long Beach

Long Beach has been the location of at least three attacks on gay men in the last two weeks.  Long Beach is the third largest city in California and is well-known for a prominent LGBT community. They have an openly gay, Latino city councilman named Robert Garcia who is quoted saying that "These incidents have no place in our city."

The Los Angeles Times reports:

Avila, who was walking ahead of the group, passed a man arguing with a woman on the sidewalk. The man stopped long enough to use a slur against Avila as he passed, he said.
[...]
The man ran away, but Avila and another friend chased him several blocks until police arrived, he said.

The suspect, Jorge Jhovanoy Ibarrias, 21, was arrested and charged with felony battery in addition to a hate crime. He has pleaded not guilty, authorities said.

Three days later, near East 4th Street and Orange Avenue, another man was beaten and called slurs. That case is being investigated as a battery and a possible hate incident, though not a hate crime, Fernandez said. The difference, he said, is that police do not believe that hatred specifically against gays was the initial motivation.

Four days after the second attack, on Sundayabout 1:30 a.m., several men walking on Broadway, two blocks from the site of the initial incident, were approached by another group that used slurs against them, police said. A fight broke out before the groups separated. But the group that made the insults returned shortly afterward with several other people and assaulted three of the men who had been walking down the street, police said.

Hat/tip to Rod 2.0 who posted the video of a local ABC affiliate coverage of the story shown above.

Wow! New Anti-Homophobia PSA Airing in Jamaica

As many of you must know, the island of Jamaica has a (well-deserved) reputation as "the most homophobic place on Earth" despite being a tropical paradise and tourist destination. There have been several reports of extra-judicial killings and beatings of individuals believed to be LGBT.

Anyway, a coalition of groups has organized an anti-homophobia public education campaign which includes a PSA (public service announcement) called "Unconditional Love." You can watch it here. This is great news, because it demonstrates that there is an organized effort to combat the unrelenting homophobia which has been festering in most social circles of Jamaica.

Hat/tip to Rod 2.0

Maryland Gov Announces Push For Marriage Equality

Maryland Governor Martin O'Malley announced new plans to make the legalization of marriage equality in the 2012 legislative session an administration priority for him. You may recall that a marriage equality bill passed the state senate earlier this year but at the last minute was recommitted (and killed) instead of being voted on in the House of Delegates. Governor O'Malley announced that he will using his political capital to ensure a bill reaches his desk next year.

ANNAPOLIS, MD (July 22, 2011) – Governor Martin O’Malley and Lt. Governor Anthony G. Brown today released the following statements regarding the Governor’s decision to sponsor same sex marriage legislation in the 2012 legislative session. Last year, same sex marriage legislation was proposed and sponsored by Senator Rob Garagiola, Delegate Kumar Barve and Delegate Ben Barnes:

Governor O’Malley:

“Marylanders of all walks of life want their children to live in a loving, stable, committed home – protected under the law.  As a free and diverse people of many faiths, we choose to be governed under the law by certain fundamental principles or beliefs, among them “equal protection of the law” for every individual and the “free exercise” of religion without government intervention.  Other states have found a way to protect both these rights.  So should Maryland. The legislation we plan to introduce in the 2012 legislative session will protect religious freedom and equality of marital rights under the law.” 

Lt. Governor Brown:

“All Marylanders deserve to be treated equally under the law, and I look forward to joining Governor O’Malley in working with the General Assembly to pass a Marriage Equality bill that will provide the same opportunity for all who wish to marry while fully protecting religious freedoms and views.  Every member of our community should enjoy the same freedoms and share the same responsibilities.”

Do the heterosexual supremacists really think they are going to win this fight? Since 2004 there have been more same-sex couples who have access to legal civil marriages every year and there's no sign that the trend will not continue for the foreseeable future.

Another Gay Rights Win For Obama: DADT Ends 09/20/2011

Today, President Barack Obama, Secretary of Defense Leon Panetta and Joint Chiefs of Staff Admiral Mike Mullen all certified that the lifting of the ban on open service by lesbian, gay or bisexual Americans in the U.S. Armed Forces will not negatively impact national security. The certification was the last step to be taken after DADT repeal legislation passed the Congress last December and was signed into law by the President in front of a crowd of cheering supporters. The military's anti-gay policy will cease to be in effect 60 days after today's certification, or on September 20, 2011.

This is the another huge gay rights win which must be credited to Obama, following his enactment of the federal hate crimes act in 2009, his determination by the federal government that laws affecting sexual orientation must receive heightened scrutiny and thus declaring DOMA to be unconstitutional earlier this year and now the enactment of the repeal of "Don't Ask, Don't Tell."

The main thing left on the gay rights agenda is some forward movement on federal government forcing it's contractors not to discriminate on the basis of sexual orientation or gender identity, since it is unlikely that the Employment Non-Discrimination Act (ENDA) will be passing Congress any time soon.

Statement by the President on Certification of Repeal of Don't Ask, Don't Tell

Today, we have taken the final major step toward ending the discriminatory ‘Don’t Ask, Don’t Tell’ law that undermines our military readiness and violates American principles of fairness and equality.  In accordance with the legislation that I signed into law last December, I have certified and notified Congress that the requirements for repeal have been met.  ‘Don’t Ask, Don’t Tell’ will end, once and for all, in 60 days—on September 20, 2011. 

As Commander in Chief, I have always been confident that our dedicated men and women in uniform would transition to a new policy in an orderly manner that preserves unit cohesion, recruitment, retention and military effectiveness.  Today’s action follows extensive training of our military personnel and certification by Secretary Panetta and Admiral Mullen that our military is ready for repeal.  As of September 20th, service members will no longer be forced to hide who they are in order to serve our country.  Our military will no longer be deprived of the talents and skills of patriotic Americans just because they happen to be gay or lesbian.

I want to commend our civilian and military leadership for moving forward in the careful and deliberate manner that this change requires, especially with our nation at war.  I want to thank all our men and women in uniform, including those who are gay or lesbian, for their professionalism and patriotism during this transition.  Every American can be proud that our extraordinary troops and their families, like earlier generations that have adapted to other changes, will only grow stronger and remain the best fighting force in the world and a reflection of the values of justice and equality that the define us as Americans.

DADT Certification

Celebrity Friday: Luis Lopez, Latino LGBT candidate for AD-45

Luis Lopez is an openly gay, Latino candidate for the 45th
 Assembly District, which is located in Los Angeles

Luis Lopez, a friend of mine, is running for a state Assembly seat in California (he would actually represent the 45th Assembly district in which my house and work is located).

Recently, Luis won the endorsement of the Gay and Lesbian Victory Fund, the national organization devoted to promote the election of openly LGBT candidates.

Also, this week The Advocate ran an article called "The Other Gay Contenders" which includes Luis:

Sacramento politics are not for the faint-hearted, but Luis Lopez just may have the chops to effectively take on such an unwieldy beast. Running next year to represent California’s 45th state assembly district, Lopez currently serves as a planning commissioner for the funky, diverse L.A. neighborhood of Silver Lake, where he lives with his partner. Lopez, 38, is also part of a parks oversight committee for his city, co-chaired his neighborhood council, and started a Latino LGBT political action committee (his full-time job is as a communications director for a health center).

Aside from that impressive resume, Lopez has some powerful friends who will help him when he faces a primary in June. Jackie Goldberg, a lesbian who represented the Democrat-friendly 45th district from 2000 to 2006, is supporting Lopez in his race, and Lopez’s good friend, John Perez, the out California Assembly speaker, will likely endorse him as well. It’s not yet clear who Lopez will face off against as the current assemblyman, Gilbert Cedillo, is termed-out next year and possible candidates are still coming forward.

“We need to look at leaders who’ve earned the respect of their peers,” Lopez says. ”People who are respected can move an agenda along—there were many times when my colleagues on a given board haven’t agreed with me, but we were still able to make decisions.”

Protecting labor is paramount to Lopez, who grew up in East Los Angeles and started working not long after his mother passed away when he was eight. Voters in his district, which stretches from Hollywood to Chinatown to East L.A. and includes thousands of diverse gay people, are inline with his platform, he says.

I strongly encourage all MadProfessah.com readers, especially if you live in the 45th Assembly District to support Luis Lopez.

Williams Institute Estimates 581,300 U.S. Same-Sex Couples

Yesterday was an historic day in which the United States Senate held a hearing on a pro-LGBT piece of legislation, the Respect for Marriages Act, which would repeal the so-called Defense of Marriage Act (DOMA).

The Williams Institute at UCLA Law School, an LGBT public policy think tank, submitted written testimony for the hearing.

Included in the testimony are the following findings from Williams Institute research  about same-sex couples:

• There are 581,300 same-sex couples in the United States, including 50,000 to 80,000 legally married same-sex and another 85,000 who are in civil unions or registered domestic partnerships.

• Approximately 20% of same-sex couples are raising nearly 250,000 children.

• Almost one-fourth of same-sex partners are people of color.

• Over 7% of individuals in same-sex couples are veterans of the U.S. armed forces.

• Same-sex couples live in every congressional district and in almost every county in the United States.

In addition, the testimony summarizes Williams Institute research documenting a number of ways that DOMA results in legal, financial, social, and psychological hardships for many same-sex couples and their families.  These include:

• Family Medical Leave Act (FMLA) Benefits.  Nearly 430,000 same-sex partners remain barred from taking leave to care for a same-sex spouse under the FMLA, even if they marry.

• Benefits for Spouses of Federal Employees.  The same-sex spouses and partners of over 30,000 federal employees are ineligible for important benefits available to different-sex married spouses.

• Veteran Partner Benefits.  Same-sex spouses and partners of nearly 68,000 veterans are barred from a variety of benefits including pensions, educational assistance, and vocational training available to different-sex spouses.

• Taxation of Employee Health Benefits for a Same-Sex Spouse.  When private employers offer health insurance to same-sex spouses and domestic partners, federal law taxes these benefits. Approximately 41,000 employees with a same-sex spouse or domestic partner pay, on average, over $1,000 more in taxes per year than an employee receiving the same health benefits for a different-sex spouse.

• Spousal Impoverishment Protections for Medicaid Long Term Care (LTC).  Medicaid LTC beneficiaries may have to use some of their spouse’s income and assets to pay for LTC. Federal law requires states to allow different-sex spouses to retain income and assets to protect them from destitution. However, about 1,700-3,000 individuals whose same-sex spouses or partners receive Medicaid-financed LTC are not protected by these spousal impoverishment provisions.

• Estate Tax.  Over the next two years, members of same-sex couples who will pay the federal estate tax, will pay, on average, more than $4 million more than a survivor of a different-sex spouse because they do not qualify for the federal estate tax spousal exemption.

• Social Security Survivor Benefits.  Unlike different-sex spouses, same-sex spouses cannot continue receiving their spouse’s social security payments after their spouse’s death. This results in a loss, on average, of over $5,700 for a same-sex spouse that receives lower social security payments than the deceased spouse. 

• Immigration for Bi-National Couples.  Nearly 26,000 same-sex couples in the United States are bi-national couples who could be forced to separate because they cannot participate in green-card and accelerated citizenship mechanisms offered to non-citizen spouses of American citizens. 

• Social Stigma.  Research shows that laws such as DOMA produce stigma that has serious adverse impacts on the health of LGBT people by causing stress and disease. A Williams Institute survey of people married to a same-sex spouse in Massachusetts found that couples gain social support from their families and have a greater level of mutual commitment when they are allowed to marry.  

The Williams Institute testimony concludes that DOMA has also impaired the ability of researchers to assess its impact on same-sex couples and their families. Although the U.S. Census Bureau has begun to reevaluate its policy of not counting married same-sex couples as such, a legacy of DOMAis evident in a general resistance on the part of federal statistical agencies to collect detailed, accurate, and reliable data on same-sex couples and their families. This means that, in spite of the efforts of the Institute, policy debates on laws like DOMA have too often been driven as much by anecdote and stereotype as by sound social science research and facts.

It's great that we can get the factual and actual impact of anti-LGBT public policy like DOMA in to the Congressional Record so that this will increase the momentum to pass legislation to end the discrimination. Apparently all 10 members of the Senate Judiciary Committee support repealing DOMA, so they could vote to move it to the Senate floor, where it will almost certainly be killed by a Republican filibuster.

Wolfson Testimony At DOMA Repeal Hearing

WATCH: Trailer for The Skinny

There was a rare screening of his Black gay classic film Punks at Outfest 2011 on Sunday July 17th and creator-director Patrik-Ian Polk  (Noah's Arc: Jumping The Broom) was in the audience and wowed the crowd with the trailer for his next feature film, titled The Skinny. Check it out!

1st Openly Gay U.S. District Court Judge Approved By Senate

As I blogged about earlier this year, J. Paul Oetken is the first openly gay man to be nominated for a lifetime federal judgeship. On Monday, the United States Senate approved Oetken's nomination by a vote of 80-13 to a seat on the Southern District of New York, which covers New York City and is one of the busiest and prestigious federal courts in the country. Amazingly, Oetken will join the same bench that the nation's only openly lesbian federal judge sits on. Deborah Batts is an African American lesbian judge who was nominated by President Clinton and approved by the Senate in 1994. All 13 Senators voting No o Oetken's nomination were Republicans.

Chris Geidner reports:

Sen. Charles Schumer (D-N.Y.), who has been supporting the nomination, praised Oetken's background and experience on the Senate floor shortly before the vote, saying "His confirmation will only improve the workings of one of the best and one of the busiest courts in the country."

Of Oetken's place as the first, Schumer said, "At this moment, Paul is not just an excellent candidate, as the first openly gay man to be confirmed as a federal judge and to serve on the federal bench, he will be a symbol of how much we have achieved as a country in just the last few decades."

Before the vote began, Sen. Chuck Grassley (R-Iowa) -- the ranking Republican on the Judiciary Committee -- also announced that he would be voting for Oetken, who was born in Iowa.

When the vote did come, all Democrats voting approved the nomination, with Sen. Kay Hagan (D-N.C.) the sole Democrat not voting. Moreover, a majority of the Senate Republican caucus -- 28 members -- voted to approve the nomination, with 13 Republicans opposing the nomination and six members not voting.

The "no" votes came from Sens. Roy Blunt (R-Mo.), John Boozman (R-Ark.), Thad Cochran (R-Miss.), Mike Crapo (R-Idaho), Jim DeMint (R-S.C.), Orrin Hatch (R-Utah), Kay Bailey Hutchison (R-Texas), Mike Lee (R-Utah), Mitch McConnell (R-Ky.), Jerry Moran (R-Kan.), James Risch (R-Idaho), Pat Roberts (R-Kan.) and Roger Wicker (R-Miss.). The Republicans not voting were Sens. James Inhofe (R-Okla.), Lisa Murkowski (R-Alaska), Rand Paul (R-Ky.), Marco Rubio (R-Fla.), Pat Toomey (R-Pa.) and David Vitter (R-La.).

This is great news. Someone should ask all the Republican presidential candidates whether they would nominate an openly LGBT person to a federal judgeship. President Obama has also nominated an out lesbian, Ali Nathan, to a federal judgeship as well. That nomination is now pending on the Senate floor.

Gov. Brown Signs FAIR Education Act Into Law!

Governor Jerry Brown (D-California) signed State Sen. Mark Leno's
Fair, Accurate, Inclusive and Respectful Education Act into law today

FOR IMMEDIATE RELEASEJuly 14, 2011

CONTACT: Rebekah Orr, Equality California
PHONE: 415-498-0847 EMAIL: rebekah@eqca.org 

CONTACT: Jill Marcellus, Gay-Straight Alliance Network
PHONE 516-313-9659 EMAIL: jill@gsanetwork.orgCONTACT: Ali Bay, Office of Senator Mark Leno
PHONE 916-651-4003 EMAIL: ali.bay@sen.ca.gov

Governor Signs Landmark LGBT Education BillLegislation sponsored by Equality California and Gay-Straight Alliance Network aims to end LGBT history exclusion in education and to promote school safety

Sacramento – Governor Jerry Brown has signed a bill that will fairly and accurately portray the lesbian, gay, bisexual and transgender (LGBT) civil rights movement and the historic contributions of the diverse LGBT community in social science instruction. The Fair, Accurate, Inclusive, and Respectful (FAIR) Education Act (SB 48), by including fair and accurate information about the rich and diverse history of LGBT people in instructional materials, will enrich the learning experiences of all students and promote an atmosphere of safety and respect in California schools. SB 48 was authored by Senator Mark Leno (D-San Francisco) and co-sponsored by Equality California and Gay-Straight Alliance Network.

Studies have shown that inclusion of LGBT people in instructional materials is linked to greater student safety and lower rates of bullying.  In schools where the contributions of the LGBT community are included in educational instruction, bullying declined by over half and LGBT students were more likely to feel they have an opportunity to make positive contributions at school. 

“Today marks a monumental victory for the LGBT civil rights movement as the contributions of diverse LGBT community will no longer be erased from history,” said Equality California Executive Director Roland Palencia. “Thanks to the FAIR Education Act, California students, particularly LGBT youth, will find new hope and inspiration and experience a more welcoming learning environment that will embrace them.”

Palencia added, “For decades, LGBT leaders have worked tirelessly to improve the quality of life for all Californians. LGBT leaders were involved in the Civil Rights Movement of the 1960s, the farm workers’ movement, the women’s movement, have built health and human services institutions that now serve millions of Californians, and have contributed to the economic development of our state. We are truly grateful for the courageous leadership of Senator Leno, the LGBT Caucus, allied lawmakers, our members, and the entire LGBT community for making history and for promoting safety in our schools as students learn about our rich legacy.”

The FAIR Education Act will bring classroom instruction into alignment with existing non-discrimination laws in California and would add the LGBT community to the existing list of underrepresented cultural and ethnic groups, which are covered by current law related to inclusion in textbooks and other instructional materials in schools.

“I am awed and humbled to be part of this historic moment.  Today, we've written the latest chapter in the LGBT civil rights movement -- one that will now be presented fairly and accurately in California schools,” said Carolyn Laub, Executive Director of Gay-Straight Alliance Network. “By signing the FAIR Education Act and ending the exclusion of the LGBT community from instructional materials, Governor Brown has realized the hopes of youth who have been fighting for safe and inclusive schools, where all students learn about our history and gain respect for each other’s differences as a result.  This is a part of the American story that we can be proud to know all students will learn.”

“Today we are making history in California by ensuring that our textbooks and instructional materials no longer exclude the contributions of LGBT Americans,” said Senator Leno “Denying LGBT people their rightful place in history gives our young people an inaccurate and incomplete view of the world around them. I am pleased Governor Brown signed the FAIR Education Act and I thank him for recognizing that the LGBT community, its accomplishments and its ongoing efforts for first-class citizenship are important components of California’s history.”

“There is no room for discrimination of any kind in our classrooms, our communities or our state,” said Dean E. Vogel, president of the California Teachers Association.  “We believe that curricula should address the common values of the society, promote respect for diversity and cooperation, and prepare students to compete in, and cope with a complex and rapidly evolving society.  SB 48 does that by helping to ensure that curricular materials include the contributions of persons with disabilities, lesbian, gay, bisexual, and transgender Americans to the development of California and United States.”
Among the diverse supporters of the FAIR Education Act include: Adolescent Health Working Group, American Federation of State, County and Municipal Employees, Anti-Defamation League, Arc and United Cerebral Palsy in California, Asian Americans for Civil Rights & Equality, Asian/Pacific Islander Youth Promoting Advocacy & Leadership, California Language Teachers Association, California Psychological Association, California Teachers Association, California Faith for Equality, Californians for Disability Rights, Inc., City of Oakland, City of West Hollywood, Disability Rights California, Lieutenant Governor Gavin Newsom, Los Angeles Unified School District, Public Advocates, San Francisco Unified School District, Transgender Law Center, California Church IMPACT, Our Family Coalition, National Center for Lesbian Rights, Fresno County Democratic Central Committee, San Joaquin Valley Democratic Club, The Trevor Project, School for Integrated Academics & Technologies, and the Mexican American Legal Defense Fund.

Equality California (EQCA) is the largest statewide lesbian, gay, bisexual, and transgender rights advocacy organization in California. Over the past decade, Equality California has strategically moved California from a state with extremely limited legal protections for LGBT individuals to a state with some of the most comprehensive civil rights protections in the nation. Equality California has passed more than 70 pieces of legislation and continues to advance equality through legislative advocacy, electoral work, public education and community empowerment.www.eqca.org
Gay-Straight Alliance Network (GSA Network) is a national youth leadership organization that empowers youth activists to fight homophobia and transphobia in schools by training student leaders and supporting student-led Gay-Straight Alliance clubs throughout the country. In California alone, GSA Network has brought GSA clubs to 56% of public high schools, impacting more than 1.1 million students at 850 schools. GSA Network's youth advocates have played a key role in changing laws and policies that impact youth at the local and state level. GSA Network operates the National Association of GSA Networks, which unites more than 30 statewide networks of GSA clubs throughout the country. GSA Network is also the founder of the Make It Better Project, which aims to stop bullying and prevent suicide. www.gsanetwork.org  

-30-

MAP: Sexual Orientation & Gender Identity Discrimination in U.S.

This map is what the state of play in sexual orientation and gender identity discrimination in employment looks like in the various states as of March 2011. There are 29 states that have no protections for LGBT people in employment in any way (so your boss can say, "I'm firing you because you're a fag!") and you have no recourse what so ever.

As of July 6th, there are now 15 states which ban discrimination on the basis of gender identity, and there are 21 which ban employment discrimination on the basis of sexual orientation or gender identity (all the states which ban gender identity discrimination also ban sexual orientation discrimination). The six states which do not overlap are: New York, Wisconsin, New Hampshire, Massachusetts, Maryland and Delaware. (One should note that 3 of these 6 states have already enacted marriage equality!) Wisconsin is  ahead scratcher because they passed sexual orientation non-discrimination way back in 1982, the first state in the country to do so. There was gender identity nondiscrimination legislation pending  in New York and Maryland which died when those legislative sessions ended this Spring.

The Employment Non-Discrimination Act (ENDA) would prohibit employment discrimination nationwide on the basis of sexual orientation or gender identity. Significantly, A version of ENDA (without gender identity protection, thus some people called it "SplENDA") passed the U.S. House under Democratic control in 2007 but failed to be brought up for a vote in the 2009-2001 111th Congress. With Republicans in majority control of the U.S. House it is very doubtful that ENDA will pass that body in the 2011-2013 112th Congress.

BREAKING: 9th Circuit Kills DADT (Again)

Wow! A (admittedly decidedly liberal) 3-judge panel of the 9th U.S. Circuit Court of Appeals has unanimously lifted a stay against the U.S. Government from enforcing "Don't Ask, Don't Tell" in the case Log Cabin Republicans v. United States.

Here's the text of the order filed today:

Filed order (ALEX KOZINSKI, KIM MCLANE WARDLAW and RICHARD A. PAEZ) The Clerk shall amend the docket to reflect that Leon E. Panetta, Secretary of Defense, is substituted for Robert M. Gates, Secretary of Defense, as an appellant/cross-appellee. See Fed. R. App. P. 43(c)(2). Appellee/cross-appellant’s motion to lift this court’s November 1, 2010, order granting a stay of the district court’s judgment pending appeal is granted. See Hilton v. Braunskill, 481 U.S. 770, 776 (1987) (stating standard); Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1135 (9th Cir. 2011) (same). In their briefs, appellants/cross-appellees do not contend that 10 U.S.C. § 654 is constitutional. In addition, in the context of the Defense of Marriage Act, 1 U.S.C. § 7, the United States has recently taken the position that classifications based on sexual orientation should be subjected to heightened scrutiny. See Golinski v. U.S. Office of Pers. Mgmt., No. C 3:10-00257-JSW (N.D. Cal.) (Doc. 145, July 1, 2011) (“gay and lesbian individuals have suffered a long and significant history of purposeful discrimination”); Letter from Attorney General to Speaker of House of Representatives (Feb. 23, 2011) (“there is, regrettably, a significant history of purposeful discrimination against gay and lesbian people, by governmental as well as private entities”). Appellants/cross-appellees state that the process of repealing Section 654 is well underway, and the preponderance of the armed forces are expected to have been trained by mid-summer. The circumstances and balance of hardships have changed, and appellants/cross-appellees can no longer satisfy the demanding standard for issuance of a stay. Appellee/cross-appellant’s alternative request to expedite oral argument is granted. The Clerk shall calendar this case during the week of August 29, 2011, in Pasadena, California. Briefing is completed.

And here's Legal Eagle Chris Geidner explaining what it means:

DADT cannot be enforced, per the order, unless the government gets a stay of the order from either the Ninth Circuit of the U.S. Supreme Court pending an appeal of today's decision.

Cynthia Smith, a Department of Defense spokeswoman, tells Metro Weekly that Pentagon officials "are studying the ruling with the Department of Justice" but added, "We will of course comply with orders of the court, and are taking immediate steps to inform the field of this order." 

The three-judge panel -- Judges Alex Kozinski, Kim Wardlaw and Richard Paez -- based the decision to lift the appellate court's earlier stay of Phillips's order pending the appeal of the LCRcase is based, the judges write, because, "The circumstances and balance of hardships have changed, and appellants/cross-appellees can no longer satisfy the demanding standard for issuance of a stay."

Among the citations by the court is the July 1 filing in Karen Golinski's federal case seeking health insurance benefits for her wife and the related Feb. 23 letter from Attorney General Eric Holder declaring that he and President Barack Obama had decided that heightened scrutiny applies to classifications -- such as DADT.

The judges also note that "the process of repealing Section 654 [-- the DADT law --] is well underway, and the preponderance of the armed forces are expected to have been trained by mid-summer." Smith echoed this fact, writing to Metro Weekly, "[I]mplementation of the DADT repeal voted by the Congress and signed in to law by the President last December is proceeding smoothly, is well underway, and certification is just weeks away."

You will recal DADT was also not in effect worldwide or 8 days last fall when the Log Cabin Republicans first won an injunction against the government from federal judge Virginia Phillips. Now they have won at the appellate level as well on the question of the stay. The oral arguments about the merits of the case will be heard on August 29th. The government can ask for an en banc panel (11-judge panel) of the 9th Circuit or ask the US Supreme Court for a stay on the latest injunction against the enforcement of DADT..

It will be interesting to see what they do because the statute in question should be moot in a few weeks anyway when the DAT repeal is certified. However, there are some questions about whether sexual orientation will be a category of non-discrimination (which the lawsuit asks for but the legislation does not contain) and also whether the Uniform Code of Military Justice will include consensual sodomy (there is legislation in this year's Defense Authorization bill to repeal the UCMJ sodomy language).

Obama's Remarks at 2011 LGBT Pride Reception

THE WHITE HOUSE

Office of the Press Secretary

_________________________________________________________________________________________________

For Immediate Release                                                             June 29, 2011

REMARKS BY THE PRESIDENT

AT RECEPTION OBSERVING LGBT PRIDE MONTH

East Room

6:00 P.M. EDT

     THE PRESIDENT:  Hello, everybody!  (Applause.)  Welcome to the White House.  (Applause.)  

Nothing ruins a good party like a long speech from a politician.  (Laughter.)  So I'm going to make a short set of remarks here.  I appreciate all of you being here.  I have learned a lesson:  Don't follow Potomac Fever -- (laughter) -- because they sounded pretty good. 

We’ve got community leaders here.  We've got grassroots organizers.  We've got some incredible young people who are just doing great work all across the country -– folks who are standing up against discrimination, and for the rights of parents and children and partners and students --

AUDIENCE MEMBER:  And spouses.

THE PRESIDENT:  -- and spouses.  (Applause.)  You’re fighting for the idea that everyone ought to be treated equally and everybody deserves to be able to live and love as they see fit.  (Applause.)

Now, I don’t have to tell the people in this room we've got a ways to go in the struggle, how many people are still denied their basic rights as Americans, who are still in particular circumstances treated as second-class citizens, or still fearful when they walk down the street or down the hall at school. Many of you have devoted your lives to the cause of equality.  So you all know that we've got more work to do.

But I think it's important for us to note the progress that's been made just in the last two and a half years.  I just want everybody to think about this.  (Applause.)  It was here, in the East Room, at our first Pride reception, on the 40th anniversary of the Stonewall riots, a few months after I took office, that I made a pledge, I made a commitment.  I said that I would never counsel patience; it wasn’t right for me to tell you to be patient any more than it was right for folks to tell African Americans to be patient in terms of their freedoms.  I said it might take time to get everything we wanted done.  But I also expected to be judged not by the promises I made, but the promises I kept.

Now, let's just think about it.  I met with Judy Shepard.  I promised her we'd pass an inclusive hate crimes law, named after her son, Matthew.  And with the help of Ted Kennedy and others, we got it done and I signed the bill.  (Applause.)

I met Janice Lang-ben, who was barred from the bedside of the woman she loved as she lay dying, and I told her we were going to put a stop to that discrimination.  And I issued an order so that any hospital in America that accepts Medicare or Medicaid –- and that means just about every hospital in America  -– has to treat gay partners just as they have to treat straight partners.  Nobody in America should have to produce a legal contract.  (Applause.)

I said we'd lift the HIV travel ban.  We got that done.  (Applause.)  We put in place the first national strategy to fight HIV/AIDS.  (Applause.)

A lot of people said we weren’t going to be able to get "don't ask, don't tell" done, including a bunch of people in this room.  (Laughter.)  And I just met Sue Fulton, who was part of the first class of women at West Point, and is an outstanding advocate for gay service members.  It took two years through Congress -– working with Admiral Mullen and Secretary Gates and the Pentagon.  We had to hold together a fragile coalition.  We had to keep up the pressure.  But the bottom line is we got it done.  And in a matter of weeks, not months, I expect to certify the change in policy –- and we will end "don't ask, don't tell" once and for all.  (Applause.)

I told you I was against the Defense -- so-called Defense of Marriage Act.  I've long supported efforts to pass a repeal through Congress.  And until we reach that day, my administration is no longer defending DOMA in the courts.  The law is discriminatory.  It violates the Constitution.  It’s time for us to bring it to an end.  (Applause.) 

So bottom line is, I’ve met my commitments to the LGBT community.  I have delivered on what I promised.  Now, that doesn’t mean our work is done.  There are going to be times where you’re still frustrated with me.  (Laughter.)  I know there are going to be times where you’re still frustrated at the pace of change.  I understand that.  I know I can count on you to let me know.  (Laughter and applause.)  This is not a shy group.  (Laughter.)   

But what I also know is that I will continue to fight alongside you.  And I don’t just mean as an advocate.  You are moms and dads who care about the schools that your children go to.  You’re students who are trying to figure out how to pay for going to college.  You’re folks who are looking for good jobs to pay the bills.  You’re Americans who want this country to prosper.  So those are your fights, too.  And the fact is these are hard days for America.  So we’ve got a lot of work to do to, not only on ending discrimination; we’ve got a lot of work to do to live up to the ideals on which we were founded, and to preserve the American Dream in our time -– for everybody, whether they're gay or straight or lesbian or transgender. 

But the bottom line is, I am hopeful.  I’m hopeful because of the changes we’ve achieved just in these past two years.  Think about it.  It’s astonishing.  Progress that just a few years ago people would have thought were impossible.  And more than that, what gives me hope is the deeper shift that we’re seeing that’s a transformation not just in our laws but in the hearts and minds of people -- the progress led not by Washington but by ordinary citizens. 

It’s propelled not by politics but by love and friendship and a sense of mutual regard and mutual respect.  It’s playing out in legislatures like New York.  (Applause.)  It’s playing out in courtrooms.  It’s playing out in the ballot box, as people argue and debate over how to bring about the changes where we are creating a more perfect union.  But it’s also happening around water coolers.  It’s happening at Thanksgiving tables.  It’s happening on Facebook and Twitter, and at PTA meetings and potluck dinners, and church halls and VFW Halls. 

It happens when a father realizes he doesn’t just love his daughter, but also her partner.  (Applause.)  It happens when a soldier tells his unit that he’s gay, and they say, well, yeah, we knew that –- (laughter) -- but, you know, you’re a good soldier. It happens when a video sparks a movement to let every single young person out there know that they’re not alone.  (Applause.) It happens when people look past their differences to understand our common humanity.

And that’s not just the story of the gay rights movement.  It is the story of America, and the slow, inexorable march towards a more perfect union. 

I want thank you for your contribution to that story.  I’m confident we’re going to keep on writing more chapters.

      

     Thank you very much, everybody.  (Applause.) 

                                           END                                  6:10 P.M. EDT

Saturday Politics: Will San Diego's Next Mayor Be Gay?

Interesting news out of San Diego. There are numerous candidates lining up to replace Jerry Sanders as Mayor of San Diego, and several of them are openly gay. The most prominent of these is openly lesbian Bonnie Dumanis, a Republican who is currently District Attorney and has been endorsed by Sanders as his successor. Other openly gay candidates are Democratic State Senator Christine Kehoeand Republican City Councilman Carl DeMaio. Also running for the mayoral position appears to be U.S. Representative Bob Filner (D-51) and Republican State Assemblymember Nathan Fletcher.

SurveyUSA has a new poll out of the non-partisan race:

City Council Member Carl DeMaio today gets 22% of the vote, and begins the campaign with notable advantages among demographic groups that tend to break for more conservative candidates. DeMaio, one of 5 Republicans running in this non-partisan race, leads today among men, whites, Asians, Republicans, independents, conservatives, and higher-income voters. Among the oldest and traditionally most reliable voters, DeMaio leads by 11 points. Among the small number of San Diego voters who identify themselves as Tea Party members, DeMaio leads his nearest rival 4:1. 

San Diego County District Attorney Bonnie Dumanis gets 15%, slightly edging DeMaio among women, but not leading among any other group. 

Bob Filner, currently serving his 10th term in the US House of Representatives as a Democrat, gets 14% today, and leads among the youngest and traditionally least reliable voters and among San Diego's relatively small number of African American voters. 

Democratic State Senator Christine Kehoe gets 12%, leading Filner and Dumanis among Democrats, and is significantly ahead among liberals. 

3 other named candidates combine to take 17% of the vote; 6% say they would vote for some other, unnamed candidate. 14% of registered voters today are undecided.

This should be  a very interesting race to lead California's 3rd largest city. The primary election is June 5, 2012 and November 6, 2012.

CA-GOV: Brown Declares June LGBT Pride Month

PROCLAMATION BY THE GOVERNOR OF THE STATE OF CALIFORNIA

Since its founding, our Nation has endeavored to fulfill the Constitution’s promises of liberty and equality. In the struggle for equal rights for Lesbian, Gay, Bisexual, and Transgender (LGBT) people, a historic turning point occurred on June 28, 1969, in New York City, with the onset of the Stonewall Riots. During these riots, LGBT citizens rose up and resisted police harassment that arose out of discriminatory criminal laws that have since been declared unconstitutional. In the four decades since, civil rights for LGBT people have grown substantially, and LGBT pride celebrations have taken place around the country every June to mark the beginning of the Stonewall Riots.

California has been a leader in advancing the civil rights of its LGBT citizens. And while further progress is needed, it is proper and important to recognize and celebrate the substantial and important gains that have been achieved.

NOW THEREFORE I, EDMUND G. BROWN JR., Governor of the State of California, do hereby proclaim June 2011 as "Lesbian, Gay, Bisexual, and Transgender Pride Month."

IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 8th day of June 2011.

___________________________________

EDMUND G. BROWN JR.

Governor of California

President Obama 2011 LGBT Pride Month Declaration

THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release May 31, 2011
LESBIAN, GAY, BISEXUAL, AND TRANSGENDER PRIDE MONTH, 2011
- - - - - - -
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
The story of America's Lesbian, Gay, Bisexual, and
Transgender (LGBT) community is the story of our fathers and
sons, our mothers and daughters, and our friends and neighbors
who continue the task of making our country a more perfect Union.
It is a story about the struggle to realize the great American
promise that all people can live with dignity and fairness under
the law. Each June, we commemorate the courageous individuals
who have fought to achieve this promise for LGBT Americans, and
we rededicate ourselves to the pursuit of equal rights for all,
regardless of sexual orientation or gender identity.
Since taking office, my Administration has made significant
progress towards achieving equality for LGBT Americans. Last
December, I was proud to sign the repeal of the discriminatory
"Don't Ask, Don't Tell" policy. With this repeal, gay and lesbian
Americans will be able to serve openly in our Armed Forces for the
first time in our Nation's history. Our national security will be
strengthened and the heroic contributions these Americans make to
our military, and have made throughout our history, will be fully
recognized.
My Administration has also taken steps to eliminate
discrimination against LGBT Americans in Federal housing programs
and to give LGBT Americans the right to visit their loved ones
in the hospital. We have made clear through executive branch
nondiscrimination policies that discrimination on the basis of
gender identity in the Federal workplace will not be tolerated.
I have continued to nominate and appoint highly qualified,
openly LGBT individuals to executive branch and judicial
positions. Because we recognize that LGBT rights are human
rights, my Administration stands with advocates of equality around
the world in leading the fight against pernicious laws targeting
LGBT persons and malicious attempts to exclude LGBT organizations
from full participation in the international system. We led a
global campaign to ensure "sexual orientation" was included in
the United Nations resolution on extrajudicial execution -- the
only United Nations resolution that specifically mentions LGBT
people -- to send the unequivocal message that no matter where
it occurs, state-sanctioned killing of gays and lesbians is
indefensible. No one should be harmed because of who they are or
who they love, and my Administration has mobilized unprecedented
public commitments from countries around the world to join in the
fight against hate and homophobia.

At home, we are working to address and eliminate
violence against LGBT individuals through our enforcement
and implementation of the Matthew Shepard and James Byrd, Jr.
Hate Crimes Prevention Act. We are also working to reduce the
threat of bullying against young people, including LGBT youth.
My Administration is actively engaged with educators and community
leaders across America to reduce violence and discrimination in
schools. To help dispel the myth that bullying is a harmless or
inevitable part of growing up, the First Lady and I hosted the
first White House Conference on Bullying Prevention in March.
Many senior Administration officials have also joined me in
reaching out to LGBT youth who have been bullied by recording
"It Gets Better" video messages to assure them they are not alone.
This month also marks the 30th anniversary of the emergence
of the HIV/AIDS epidemic, which has had a profound impact on the
LGBT community. Though we have made strides in combating this
devastating disease, more work remains to be done, and I am
committed to expanding access to HIV/AIDS prevention and care.
Last year, I announced the first comprehensive National HIV/AIDS
Strategy for the United States. This strategy focuses on
combinations of evidence-based approaches to decrease new
HIV infections in high risk communities, improve care for
people living with HIV/AIDS, and reduce health disparities.
My Administration also increased domestic HIV/AIDS funding to
support the Ryan White HIV/AIDS Program and HIV prevention, and
to invest in HIV/AIDS-related research. However, government
cannot take on this disease alone. This landmark anniversary
is an opportunity for the LGBT community and allies to recommit to
raising awareness about HIV/AIDS and continuing the fight against
this deadly pandemic.
Every generation of Americans has brought our Nation closer
to fulfilling its promise of equality. While progress has taken
time, our achievements in advancing the rights of LGBT Americans
remind us that history is on our side, and that the American
people will never stop striving toward liberty and justice for
all.
NOW, THEREFORE, I, BARACK OBAMA, President of the
United States of America, by virtue of the authority vested in me
by the Constitution and the laws of the United States, do hereby
proclaim June 2011 as Lesbian, Gay, Bisexual, and Transgender
Pride Month. I call upon the people of the United States to
eliminate prejudice everywhere it exists, and to celebrate the
great diversity of the American people.
IN WITNESS WHEREOF, I have hereunto set my hand this
thirty-first day of May, in the year of our Lord
two thousand eleven, and of the Independence of the United States
of America the two hundred and thirty-fifth.
BARACK OBAMA
# # #

Now There Are 4: GA Black Gay State Rep Comes Out

Georgia State Representative Rashad Taylor,
comes out at a press conference May 27, 2011

There are now four openly gay, African-American male state elected representatives nationwide. Previously known were Marcus Brandon of North Carolina, Gordon Fox of Rhode Island and Jason Bartlett of Connecticut. State Representative Rashad Taylor of Georgia joined these three on Friday by coming out as gay at a press conference in Atlanta on Friday.

Taylor, 30, came out in order to respond to and refute charges of improper conduct which had been emailed to various state legislators from a jealous former lover of Rashad's current boyfriend. You can watch video of the press conference here.

Georgia Voice reports:

According to the national Victory Fund which works to elect openly gay officials, Taylor is only the sixth openly black LGBT person to serve in a state legislature. State Rep. Bell was the first black lesbian elected to a state legislature in 2009. 

Yesterday and in days prior, a man who is the ex-boyfriend of Taylor's partner sent an email to state legislators outing him and alleging Taylor misused his office by promising men jobs in exchange for sex. Taylor denied those allegations today, but did say the truth is is he is gay. 

"For some it may take two days, for some it take two years or 20 years [to come out]," he said.  

"I serve in public office and try to retain some semblance of a private life. This is a journey I've been on," he said. "i wouldn't want to expedite anyone else's journey. It ought to be a personal decision."

Taylor admitted that if the allegations against him had not been made he would not have come out.

"I would not be standing here today," he said, adding he considered ignoring the allegations.

But now was the time to tell the truth, Taylor added.

"I felt like honestly this was it unless I spoke the truth," Taylor said, saying he didn't want someone to feel like they had something "over his head."

He said before today, he could "count on one hand" the people who knew he was gay. Taylor also said that he came out to his mother and family in the past 24 hours. He thanked his mother for his support and she hugged him warmly after he spoke to the media.

MadProfessah has previously blogged about Simone Bell's election as the first Black lesbian state representative in December 2009. In Maryland, Mary Washington is the other openly lesbian elected state representative in the country. There are 6 openly LGBT, Black elected representatives nationwide.


Hat/tip to Wonder Man.