GLAD Files For Summary Judgment In DOMA Case

GLAD Files Motion for Summary Judgment in 2nd Circuit DOMA Challenge, Pedersen v. Office of Personnel Management

Plaintiffs Ask Court for Heightened Scrutiny

Gay & Lesbian Advocates & Defenders (GLAD) filed a motion for summary judgment in Pedersen v. Office of Personnel Management, its 2^nd Circuit challenge to the federal so-called Defense of Marriage Act (DOMA).

GLAD argues that the equal protection claims of the plaintiffs, six married couples and one widower fromConnecticut, Vermont, and New Hampshire, require heightened scrutiny from the court. The brief shows how DOMA fails heightened scrutiny, or even a rational basis review.

“No interest advanced to defend DOMA can in fact withstand any level of scrutiny,” the brief reads.  “The reasons offered by Congress at the time of DOMA’s passage are either nonsensical or just another way of saying that Congress wanted to denounce and harm those gay men and lesbians who form long-term relationships and seek to have those relationships recognized and respected through civil marriage.”

GLAD also filed supporting affidavits from experts Michael Lamb, Ph.D, Gary Segura, Ph.D, Lititia Anne Peplau, Ph.D, George Chauncey, Ph.D, and Nancy F. Cott, Ph.D.

The next step is for Congress to respond to GLAD’s motion for summary judgment on or by August 15, 2011.

GLAD filed Pedersen v. OPM in Hartford, CT on November 8, 2010.  GLAD’s DOMA challenge Gill v. OPM won a July 8, 2010 ruling in Massachusetts federal district court that DOMA is unconstitutional.  That case is now on appeal. 

Co-operating counsel on Pedersen are Jenner & Block LLP (Washington, DC), Horton, Shields & Knox (Hartford), and Sullivan & Worcester LLP (Boston).  Co-counsel in the Gill case are Foley Hoag LLP, Sullivan & Worcester LLP, Jenner & Block LLP, and Kator, Parks & Weiser, PLLC.

Gay & Lesbian Advocates & Defenders is New England’s leading legal organization dedicated to ending discrimination based on sexual orientation, HIV status, and gender identity and expression.

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CT Gov Signs Transgender Rights Bill Into Law!

Democratic Governor Dan Malloy

Democrats have full control of the legislature and governor's office in Connecticut and one of the most important bills that has been acted recently is a bill to include transgender people in the state's civil rights laws prohibiting discrimination. (Note the state has had marriage equality since 2008!)

Raw Story has more details about HB 6599 which Mallow signed into law on July 6, 2011.

The new law adds the phrase "gender identity or expression" to all existing state sex discrimination laws, making Connecticut the 15th state to specifically protect transgender people. 

Anything under authority of the state's Commission on Human Rights and Opportunities is subject to the new rules, including employment, housing, public accommodations and credit. 

"An Act Concerning Discrimination" -- or HB-6599 -- defines "gender identity or expression" as follows: 

a person's gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person's physiology or assigned sex at birth, which gender-related identity can be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity or any other evidence that the gender-related identity is sincerely held, part of a person's core identity or not being asserted for an improper purpose.

The law will go into effect on October 1, 2011 and Connecticut will become the 15th state to ban transgender discrimination, not just in employment but in the areas of most traditional civil rights laws such as housing, credit, public accommodations and education.

With full Democratic control and since the state now has basically almost every LGBT protection imaginable I would hope the next bills Connecticut enacts are progressive priorities like an increase in the minimum wage and same-day voter registration (and restitution of voting rights for felons after they have served their time).

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.

2012 Senate Outlook Continues To Weaken For Democrats

There are 33 United States Senate seats up for re-election in 2012 and since 2006 was such a huge year for the Democrats, they currently hold 23 of those seats while the Republicans only hold 13.

Already 4 Democratic-caucusing senators have announced their retirement (Bingaman of New Mexico, Conrad of North Dakota, Lieberman of Connecticut and Webb of Virginia). Only two Republicans have declined to seek reelection (Hutchison of Texas and Kyl of Arizona).