National
N.C. Legislature sends marriage amendment to voters
Measure will appear on ballot in May 2012
The North Carolina Legislature gave its final approval on Tuesday to an amendment that would make a ban on same-sex marriage part of the state constitution — sending the measure to the ballot in May 2012.
On Tuesday, the North Carolina State Senate passed the amendment by a vote of 30-16. The State House on Monday approved the measure by 75-42. A three-fifths vote was required in each chamber for passage.
Language in the measure moves the ballot date for the amendment from November 2012 to May 2012 — at the same time as the Republican presidential primary is taking place in the state. A majority vote among the electorate is required to make the amendment part of the state constitution.
Alex Miller, interim executive for Equality North Carolina, said the battle in the Legislature may be lost, but “the fight goes on.”
“While the proponents of this harmful, divisive, shameful legislation may have succeeded in throwing up a temporary barrier against the inevitable tide of acceptance and equality, our struggle continues and the campaign to defeat this amendment at the ballot box begins today,” Miller said.
State law in North Carolina already prohibits same-sex marriage, but the measure would make the ban part of the state constitution. If approved by voters, the State Legislature would be unable to legalize same-sex marriage and state courts wouldn’t be able rule in favor of same-sex marriage if the statutory ban were challenged in court.
The measure states that opposite-sex marriage is the “only domestic legal union” in North Carolina, although the amendment allows certain contractual rights between “private parties.” Opponents of this amendment say this language is unclear and could also prohibit civil unions or domestic partnerships in North Carolina.
Joe Solmonese, president of the Human Rights Campaign, spoke out against the amendment and its potential to harm same-sex couples.
“At a time when all North Carolina families are worrying about job losses and cuts in education, it is unconscionable that the legislature add additional stress to a segment of those families,” Solmonese said. “Neighbors are no longer willing to be pitted against one another over these issues. When ballots are cast in May 2012, we are confident North Carolinians will not be persuaded to limit the rights of their friends and family to such a degree.”
The measure is one of two marriage amendments that some voters are set to face in 2012. The Minnesota electorate will also vote on an amendment banning same-sex marriage in November 2012.
Marc Solomon, national campaign director for Freedom to Marry, called the legislative approval amendment in North Carolina “a tremendous blow to loving, committed same-sex couples” in the state.
“To try to preempt the conversations taking place across North Carolina about same-sex couples and why marriage matters by cementing discrimination into the constitution is unfair and wrong,” Solomon said. “And politically scheming to put such a cruel and discriminatory measure on a low-turnout Republican presidential primary ballot is a sham designed to circumvent the majority of North Carolina voters, who polls say, oppose this amendment and the injury it will inflict not just on families, but the state.”
Matt Comer of GOQnotes has a report on the debate that ensued in the Senate prior to the approval of the amendment.
According to GOQnotes, primary sponsor Sen. James Forrester said the amendment was intended to defend the “an institution in our society based upon the complementary male and female loin.”
“Moms and dads are not interchangeable,” Forrester was quoted as saying. “Two dads don’t make a mom. Two moms don’t make a dad. Children need both a father and a mother.”
Sen. Martin Nesbitt, who represents Asheville in the Senate, reportedly took aim at Forrester for previous comments made in a Gaston Gazette article. Forrester was quoted saying Asheville is “a cesspool of sin.”
“I’ve served with Sen. Forrester since he got here and I’ve always considered him a gentleman and a scholar,” Nesbitt was quoted as saying. “I appreciate my service with him and he drags this bill up and the next thing I’m reading is that he’s declared my community a cesspool of sin. I tell you what, mountain people are getting a little tired of people sitting down here throwing darts at them.”
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Congratulations to Gil Pontes III on his recent appointment to the Financial Advisory Board for the City of Wilton Manors, Fla. Upon being appointed he said, “I’m honored to join the Financial Advisory Board for the City of Wilton Manors at such an important moment for our community. In my role as Executive Director of the NextGen Chamber of Commerce, I spend much of my time focused on economic growth, fiscal sustainability, and the long-term competitiveness of emerging business leaders. I look forward to bringing that perspective to Wilton Manors — helping ensure responsible stewardship of public resources while supporting a vibrant, inclusive local economy.”
Pontes is a nonprofit executive with years of development, operations, budget, management, and strategic planning experience in 501(c)(3), 501(c)(4), and political organizations. Pontes is currently executive director of NextGen, Chamber of Commerce. NextGen Chamber’s mission is to “empower emerging business leaders by generating insights, encouraging engagement, and nurturing leadership development to shape the future economy.” Prior to that he served as managing director of The Nora Project, and director of development also at The Nora Project. He has held a number of other positions including Major Gifts Officer, Thundermist Health Center, and has worked in both real estate and banking including as Business Solutions Adviser, Ironwood Financial. For three years he was a Selectman, Town of Berkley, Mass. In that role, he managed HR and general governance for town government. There were 200+ staff and 6,500 constituents. He balanced a $20,000,000 budget annually, established an Economic Development Committee, and hired the first town administrator.
Pontes earned his bachelor’s degree in political science from the University of Massachusetts, Dartmouth.
Kansas
ACLU sues Kansas over law invalidating trans residents’ IDs
A new Kansas bill requires transgender residents to have their driver’s licenses reflect their sex assigned at birth, invalidating current licenses.
Transgender people across Kansas received letters in the mail on Wednesday demanding the immediate surrender of their driver’s licenses following passage of one of the harshest transgender bathroom bans in the nation. Now the American Civil Liberties Union is filing a lawsuit to block the ban and protect transgender residents from what advocates describe as “sweeping” and “punitive” consequences.
Independent journalist Erin Reed broke the story Wednesday after lawmakers approved House Substitute for Senate Bill 244. In her reporting, Reed included a photo of the letter sent to transgender Kansans, requiring them to obtain a driver’s license that reflects their sex assigned at birth rather than the gender with which they identify.
According to the reporting, transgender Kansans must surrender their driver’s licenses and that their current credentials — regardless of expiration date — will be considered invalid upon the law’s publication. The move effectively nullifies previously issued identification documents, creating immediate uncertainty for those impacted.
House Substitute for Senate Bill 244 also stipulates that any transgender person caught driving without a valid license could face a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine. That potential penalty adds a criminal dimension to what began as an administrative action. It also compounds the legal risks for transgender Kansans, as the state already requires county jails to house inmates according to sex assigned at birth — a policy that advocates say can place transgender detainees at heightened risk.
Beyond identification issues, SB 244 not only bans transgender people from using restrooms that match their gender identity in government buildings — including libraries, courthouses, state parks, hospitals, and interstate rest stops — with the possibility for criminal penalties, but also allows for what critics have described as a “bathroom bounty hunter” provision. The measure permits anyone who encounters a transgender person in a restroom — including potentially in private businesses — to sue them for large sums of money, dramatically expanding the scope of enforcement beyond government authorities.
The lawsuit challenging SB 244 was filed today in the District Court of Douglas County on behalf of anonymous plaintiffs Daniel Doe and Matthew Moe by the American Civil Liberties Union, the ACLU of Kansas, and Ballard Spahr LLP. The complaint argues that SB 244 violates the Kansas Constitution’s protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.
Additionally, the American Civil Liberties Union filed a temporary restraining order on behalf of the anonymous plaintiffs, arguing that the order — followed by a temporary injunction — is necessary to prevent the “irreparable harm” that would result from SB 244.
State Rep. Abi Boatman, a Wichita Democrat and the only transgender member of the Kansas Legislature, told the Kansas City Star on Wednesday that “persecution is the point.”
“This legislation is a direct attack on the dignity and humanity of transgender Kansans,” said Monica Bennett, legal director of the ACLU of Kansas. “It undermines our state’s strong constitutional protections against government overreach and persecution.”
“SB 244 is a cruel and craven threat to public safety all in the name of fostering fear, division, and paranoia,” said Harper Seldin, senior staff attorney for the ACLU’s LGBTQ & HIV Rights Project. “The invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police. Taken as a whole, SB 244 is a transparent attempt to deny transgender people autonomy over their own identities and push them out of public life altogether.”
“SB 244 presents a state-sanctioned attack on transgender people aimed at silencing, dehumanizing, and alienating Kansans whose gender identity does not conform to the state legislature’s preferences,” said Heather St. Clair, a Ballard Spahr litigator working on the case. “Ballard Spahr is committed to standing with the ACLU and the plaintiffs in fighting on behalf of transgender Kansans for a remedy against the injustices presented by SB 244, and is dedicated to protecting the constitutional rights jeopardized by this new law.”
National
After layoffs at Advocate, parent company acquires ‘Them’ from Conde Nast
Top editorial staff let go last week
Former staff members at the Advocate and Out magazines revealed that parent company Equalpride laid off a number of employees late last week.
Those let go included Advocate editor-in-chief Alex Cooper, Pride.com editor-in-chief Rachel Shatto, brand partnerships manager Erin Manley, community editor Marie-Adélina de la Ferriére, and Out magazine staff writers Moises Mendez and Bernardo Sim, according to a report in Hollywood Reporter.
Cooper, who joined the company in 2021, posted to social media that, “Few people have had the privilege of leading this legendary LGBTQ+ news outlet, and I’m deeply honored to have been one of them. To my team: thank you for the last four years. You’ve been the best. For those also affected today, please let me know how I can support you.”
The Advocate’s PR firm when reached by the Blade said it no longer represents the company. Emails to the Advocate went unanswered.
Equalpride on Friday announced it acquired “Them,” a digital LGBTQ outlet founded in 2017 by Conde Nast.
“Equalpride exists to elevate, celebrate and protect LGBTQ+ storytelling at scale,” Equalpride CEO Mark Berryhill said according to Hollywood Reporter. “By combining the strengths of our brands with this respected digital platform, we’re creating a unified ecosystem that delivers even more impact for our audiences, advertisers, and community partners.”
It’s not clear if “Them” staff would take over editorial responsibilities for the Advocate and Out.
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