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Hawaii governor vetoes civil unions bill

Activists denounce move as a ‘disgrace,’ plan lawsuit

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Hawaii Gov. Linda Lingle on Tuesday vetoed a bill that would have enacted civil unions in the state. (Photo courtesy of Lingle’s office)

The governor of Hawaii on Tuesday vetoed a bill that would have instituted civil unions in the Aloha State as LGBT groups announced plans to continue the fight for relationship recognition.

At a press conference announcing her decision, Gov. Linda Lingle (R) equated civil unions to same-sex marriage and said the issue inspired such strong emotions that it should be left for the people to decide.

“It was the depth of emotion felt by those on both sides of the issue that revealed to me how fundamental the institution of marriage is [to] our community,” she said.

Lingle had until Tuesday to sign the civil unions bill, veto it or take no action to allow the bill to become law.

During the press conference, the governor said Hawaii’s residents should decide the issue of civil unions through the referendum process.

“This is a decision that should not be made by one person sitting in her office, or by members of the majority party behind closed doors in a legislative caucus, but by all the people of Hawaii behind the curtain of the voting booth,” she said.

In 1998, Hawaii voters approved an amendment to their state constitution allowing the legislature to prohibit same-sex marriage in Hawaii. The Hawaii Legislature subsequently passed a statute banning same-sex marriage, but left the door open for civil unions.

In a statement, Alan Spector, legislative affairs co-chair for Equality Hawaii, said Lingle’s veto marked a “sad day for the thousands of Hawaii families who remain second-class citizens.”

“We fail to see how the governor’s actions are in the best interest of Hawaii’s future and are nothing more than political maneuvering at the expense of people’s lives,” Spector said. “We’re disappointed and outraged that same-sex families will not be treated equally under Hawaii law, but vow to come back and fight this fight another day.”

Rea Carey, executive director of the National Gay & Lesbian Task Force, also expressed disappointment in a statement that followed Lingle’s decision to veto the civil unions bill.

“Gov. Lingle’s veto of legislation that would protect and strengthen Hawaii’s families is beyond a disappointment — it is a disgrace,” Carey said. “Hawaii’s lawmakers passed this bill because it was about fundamental fairness.”

Carey said the governor’s action “flies in the face of both common sense and common humanity” and urged the legislature to override her veto.

But House Speaker Calvin Say reportedly said last week the State House would not hold a special session to override Lingle’s vetoes.

R. Clarke Cooper, executive director for the Log Cabin Republicans, said his organization’s affiliates in Hawaii worked hard to influence the Republican governor to at least allow the bill to become law without her signature.

“Since this spring, Log Cabin Republicans on the Hawaiian Islands as well as the mainland United States have made it clear to Gov. Lingle and other Hawaiian lawmakers that we supported the civil union legislation,” he said.

Cooper said individual members of Log Cabin lobbied lawmakers and Lingle to support the civil unions legislation.

Activists in Hawaii are pursuing several options that could institute civil unions in Hawaii despite Lingle’s veto.

In a statement, Lambda Legal and the American Civil Liberties Union of Hawaii announced they were filing a lawsuit in state court to fight for civil unions in the state.

Laurie Temple, staff attorney for the ACLU, said she’s “disappointed” Lingle didn’t follow through with signing the civil unions bill or allowing the legislation to become law.

“Luckily for the people of Hawaii, however, our constitution prevents discrimination based on sexual orientation,” she said. “If the governor won’t honor her oath to uphold the constitution, the courts will.”

Jennifer Pizer, national marriage project director for Lambda Legal, told the Blade her organization had litigation prepared in the spring when the civil unions legislation appeared to have stalled in the Hawaii Legislature.

“We were hoping that it would not be necessary,” she said. “Now that it is, we will be switching into litigation mode.”

Pizer said Lambda would file the lawsuit, although she didn’t know the exact timing of the case. She noted that Lambda has plaintiff couples lined up for the lawsuit, but declined to offer more information about them.

“I can’t give you the details of who the clients are or exactly what the lawsuit looks like,” she said. “That will be public when we file it, but we have been working on it for quite some time.”

Pizer said that guessing how long the litigation process would take is “very difficult to say” and would depend on how the state decides to defend the case.

“We’re curious to know exactly what the path will be and how long it will take, but it’s impossible to tell until we see how the state decides to answer,” she said.

Other groups — including Equality Hawaii and the Human Rights Campaign — are making plans to elect new lawmakers and a governor who would support enacting civil unions in the state.

Don Bentz, treasurer for Equality Hawaii, said his group is awaiting the election in the fall to determine the best path for civil unions legislation.

“We have a gubernatorial race and a number of allies in the House and the Senate are both up for re-election,” Bentz said. “So depending upon who gets re-elected or does not get re-elected, that would kind of determine whether we want to reintroduce [the bill] or wait for a lawsuit to work its way through the courts.”

One candidate for governor is already capitalizing on Lingle’s veto in the race to succeed her as governor.

In a statement, Democratic candidate Neil Abercrombie said Lingle mistakenly characterized the civil unions legislation as a bill that would enact same-sex marriage.

“The state legislature has already defined marriage as between a man and a woman,” Abercrombie said. “Civil unions respect our diversity, protect people’s privacy and reinforce our core values of equality and aloha.”

Abercrombie said ensuring Hawaii residents receive equal treatment will be up to the next governor and legislature.

“Protecting people’s civil rights cannot be compromised,” Abercrombie said. “I am committed to that most essential of constitutional imperatives.”

Lingle predicted the issue of civil unions would come to the ballot soon.

“I would be surprised if this does not go on the next available ballot,” she said. “I would encourage lawmakers to do it — whether it’s those who are in office or those who are not.”

Bentz said the idea of bringing the issue of civil unions to the ballot has been under discussion for some time, but isn’t something LGBT rights advocates want to see happen.

“When you go to the ballot, the opposition throws out all these lies and misinformation that basically cause people to vote against it,” he said.

Bentz said a voter-initiated ballot initiative isn’t available in Hawaii and that the matter could only come to the ballot following a constitutional convention or direction from the legislature.

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Federal Government

US Census Bureau testing survey on LGBTQ households

Agency proposing questions about sexual orientation and gender identity

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The U.S. Census Bureau headquarters in Suitland, Md. (Photo courtesy of the U.S. Census Bureau)

The U.S. Census Bureau is seeking public comment on a proposed test of sexual orientation and gender identity questions on the American Community Survey. The test would begin this summer and continue into next year.

The Census Bureau published the request as a Federal Register notice. In its press release the agency noted that the ACS is an ongoing survey that collects detailed housing and socioeconomic data. It allows the Census Bureau to provide timely and relevant housing and socioeconomic statistics, even for low levels of geography.

As part of the process for adding new questions to the ACS, the Census Bureau tests potential questions to evaluate the quality of the data collected.

The Census Bureau proposes testing questions about sexual orientation and gender identity to meet the needs of other federal agencies that have expressed interest in or have identified legal uses for the information, such as enforcing civil rights and equal employment measures.

The test would follow the protocols of the actual ACS — with one person asked to respond to the survey on behalf of the entire household. These particular questions are asked about people 15 years of age or older. Households are invited to respond to the survey online, by paper questionnaire or by phone.

The current Federal Register notice gives the public a final opportunity to provide feedback before the Census Bureau submits its recommendations to the Office of Management and Budget for approval. The public may provide feedback through May 30 online.

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The White House

Judy Shepard to receive Presidential Medal of Freedom

Nancy Pelosi is also among this year’s honorees

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Activists Judy and Dennis Shepard speak at the NGLCC National Dinner at the National Building Museum on Friday, Nov. 18. (Washington Blade photo by Michael Key)

Beloved LGBTQ advocate Judy Shepard is among the 19 honorees who will receive the Presidential Medal of Freedom, the highest civilian award in the U.S., the White House announced on Friday.

The mother of Matthew Shepard, who was killed in 1998 in the country’s most notorious anti-gay hate crime, she co-founded the Matthew Shepard Foundation with her husband Dennis to raise awareness about anti-LGBTQ violence.

The organization runs education, outreach, and advocacy programs, many focused on schools.

In a statement shared via the Human Rights Campaign, Shepard said, “This unexpected honor has been very humbling for me, Dennis, and our family. What makes us proud is knowing our President and our nation share our lifelong commitment to making this world a safer, more loving, more respectful, and more peaceful place for everyone.

“I am grateful to everyone whose love and support for our work through the years has sustained me.

“If I had the power to change one thing, I can only dream of the example that Matt’s life and purpose would have shown, had he lived. This honor reminds the world that his life, and every life, is precious.”

Shepard was instrumental in working with then-President Barack Obama for passage of the landmark Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, which was led in the House by then-Speaker Nancy Pelosi (D-Calif.), who will also be honored with a Presidential Medal of Freedom during the ceremony on Friday.

Also in 2009, Shepard published a memoir, “The Meaning of Matthew: My Son’s Murder in Laramie, and a World Transformed,” and was honored with the Black Tie Dinner Elizabeth Birch Equality Award.

“Judy Shepard has been a champion for equality and President Biden’s choice to honor her with the Presidential Medal of Freedom is a testament to what she’s done to be a force of good in the world,” HRC President Kelley Robinson said in a statement.

“A mother who turned unspeakable grief over the loss of her son into a decades-long fight against anti-LGBTQ+ hatred and violence, Judy continues to make a lasting impact in the lives of the LGBTQ+ community,” she said.  

“It is because of her advocacy that the first federal hate crimes legislation became law and that countless life-saving trainings, resources and conversations about equality and acceptance are provided each year by the Matthew Shepard Foundation,” Robinson said. “We are honored that Judy is a member of the HRC family and know that her work to create a more inclusive and just world will only continue.”

Other awardees who will be honored by the White House this year are: Actor Michelle Yeoh, entrepreneur and former New York Mayor Michael Bloomberg, Jesuit Catholic priest Gregory Boyle, Assistant House Democratic Leader Jim Clyburn (D-S.C.), former Labor and Education Secretary and former U.S. Sen. Elizabeth Dole (R-N.C.), journalist and former daytime talkshow host Phil Donahue, World War II veteran and civil rights activist Medgar Evers (posthumous), former Vice President Al Gore, civil rights activist and lawyer Clarence B. Jones, former Secretary of State and U.S. Sen. John Kerry (D-Mass.), former U.S. Sen. Frank Lautenberg (D-N.J.) (posthumous), Olympic swimmer Katie Ledecky, educator and activist Opal Lee, astronaut and former director of NASA’s Johnson Space Center Ellen Ochoa, astronomer Jane Rigby, United Farm Workers President Teresa Romero, and Olympic athlete Jim Thorpe (posthumous).

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National

United Methodist Church removes 40-year ban on gay clergy

Delegates also voted for other LGBTQ-inclusive measures

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Underground Railroad, Black History Month, gay news, Washington Blade
Mount Zion United Methodist Church is the oldest African-American church in Washington. (Washington Blade photo by Michael Key)

The United Methodist Church on Wednesday removed a ban on gay clergy that was in place for more than 40 years, voting to also allow LGBTQ weddings and end prohibitions on the use of United Methodist funds to “promote acceptance of homosexuality.” 

Overturning the policy forbidding the church from ordaining “self-avowed practicing homosexuals” effectively formalized a practice that had caused an estimated quarter of U.S. congregations to leave the church.

The New York Times notes additional votes “affirming L.G.B.T.Q. inclusion in the church are expected before the meeting adjourns on Friday.” Wednesday’s measures were passed overwhelmingly and without debate. Delegates met in Charlotte, N.C.

According to the church’s General Council on Finance and Administration, there were 5,424,175 members in the U.S. in 2022 with an estimated global membership approaching 10 million.

The Times notes that other matters of business last week included a “regionalization” plan, which gave autonomy to different regions such that they can establish their own rules on matters including issues of sexuality — about which international factions are likelier to have more conservative views.

Rev. Kipp Nelson of St. Johns’s on the Lake Methodist Church in Miami shared a statement praising the new developments:

“It is a glorious day in the United Methodist Church. As a worldwide denomination, we have now publicly proclaimed the boundless love of God and finally slung open the doors of our church so that all people, no matter their identities or orientations, may pursue the calling of their hearts.

“Truly, all are loved and belong here among us. I am honored to serve as a pastor in the United Methodist Church for such a time as this, for our future is bright and filled with hope. Praise be, praise be.”

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