National
National news in brief: Jan 27
Anchorage anti-bias measure faces opposition, Boy Scouts join ‘no name-calling’ week, Minn. court revives marriage case, and more
Anchorage anti-bias measure faces opposition
ANCHORAGE, Alaska — An initiative adding gender identity and sexual orientation to the Anchorage non-discrimination rules is up for vote a vote on April 3, but interference from larger national anti-gay groups may make the fight tougher for supporters.
The Anchorage Daily News reports that the Arizona-based Alliance Defense Fund, which has intervened in pro-LGBT ballot measures across the country for many years, has begun weighing in on the measure.
“The ultimate concern with enacting something like that is that it infringes on religious freedoms,” said ADF lawyer Holly Carmichael. “There’s a huge constitutional concern here.”
But Anchorage employment lawyer Thomas Daniel is defending the expansion of protections, saying that religious institutions should remain confident that exemptions in the law will allow faith groups shelter from frivolous litigation.
Boy Scouts join ‘no name-calling’ week
NEW YORK — Despite a history of policies barring gay men from participation, Boy Scouts of America may be signaling a change this week by signing on to support a national gay group’s anti-bullying effort, according to the Huffington Post.
A contributor to the Scouts’ official blog published an editorial introducing readers to the Gay, Lesbian and Straight Education Network’s “No Name-Calling Week,” an annual anti-bullying event.
“I’m delighted the Boy Scouts of America’s official publication is calling on its adult leaders to join with the tens of thousands of educators and other youth-serving professionals who are currently observing No Name-Calling Week in order to improve the lives of millions of youth,” said GLSEN executive director Dr. Eliza Byard.
Minn. court revives marriage case
MINNEAPOLIS — After a Hennepin County District Judge threw out a lawsuit brought by same-sex couples seeking marriage, the Minnesota Court of Appeals has revived the case.
The three-judge panel unanimously ruled that District Judge Mary Dufresne inappropriately relied on a 1971 Minnesota Supreme Court decision, and sent the case back to the trial court, according to New York’s Gay City News.
The decision in the 1971 case, Baker v. Nelson — brought by two men seeking to marry in Minnesota — was deemed faulty in this week’s appeals court decision, because it failed to take into consideration the state constitution in its analysis, as is required. The United States Supreme Court refused the case, saying it lacked any federal impact.
The decision, written by Judge Renee L. Worke, asserts both that the courts must apply an additional level of scrutiny in questions of due process and equal protections, and that constitutional law has evolved significantly since 1971, which merits a fresh analysis of the question.
“Appellants claim that the government cannot deprive them of their fundamental right to marry without showing that this denial is narrowly tailored to serve a compelling state interest,” Worke wrote. “But even if the right to marry is not considered a fundamental right, appellants should have been granted an opportunity to show that MN DOMA is not a reasonable means to its stated objective –– to promote opposite-sex marriages to encourage procreation. The district court failed to conduct an appropriate analysis under the Minnesota Constitution.”
Both sides will now decide whether to appeal this decision to the Minnesota Supreme Court or to return to district court.
Gay strategist runs for Maine state house
Matt Moonen, former political director for EqualityMaine, announced that he is running for an open seat in the Maine House of Representatives representing Portland, according to Maine progressive blog, Dirigo Blue.
Having spent many years working on LGBT issues, Moonen worked with Mass Equality during the first successful push for same-sex marriage in America in Massachusetts, as well as the Fair Wisconsin campaign to defeat a ballot measure barring same-sex marriage in that state. Most recently he worked with Maine Citizens for Clean Elections, and is the vice chair of the Portland City Democratic group.
“I am looking forward to a positive campaign,” Moonen said in a statement. “Working together with the people of Maine, we can find innovative and effective solutions to the problems we face, and ensure that Maine continues to be the best place to live, work and raise a family,”
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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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