National
Election results bolster state marriage fights
Rhode Island, other states expected to debate issue in 2013
Same-sex marriage advocates contend the Nov. 6 election results have given them additional momentum to fight for nuptials for gays and lesbians in their respective states.
Ray Sullivan, campaign manager of Marriage Equality Rhode Island, the group fighting for marriage rights for same-sex couples there, noted to the Washington Blade in a post-Election Day interview the General Assembly will have āmore pro-equality legislators seated than ever in historyā in 2013.
Gay House Speaker Gordon Fox, who sparked controversy in 2011 when he endorsed a civil unions bill because of a lack of support in his chamber for a marriage measure, has pledged to call a vote on a proposal that would allow nuptials for gays and lesbians in the state before the end of January. The Rhode Island chapter of the American Civil Liberties Union noted in May only 52 couples had obtained civil union licenses since the stateās civil union took effect in July 2011.
Gov. Lincoln Chafee signed an executive order earlier this year mandating state agencies to recognize same-sex marriages legally performed in neighboring Massachusetts, Connecticut and other states. He has also publicly backed marriage rights for same-sex couples, even though he reluctantly signed the controversial 2011 civil unions bill into law.
āThere is this sense that finally in Rhode Island itās not a matter of if, but when,ā said Sullivan, who noted MERI and other advocates could focus on building additional support for the same-sex marriage bill in the state Senate if it passes in the House. āThe results from last Tuesday both here and throughout the country represent quite frankly ground-shifting momentum for the pro-equality effort. Our focus and our jobs will be to capitalize on that momentum, reaffirm the support we already have, work with this record [majority and] finally make 2013 the year that we get this done.ā
Voters in Maine, Maryland and Washington on Election Day approved referenda that either extended nuptials to gays and lesbians or upheld their stateās same-sex marriage laws. Minnesotans also rejected a proposed state constitutional amendment that would have defined marriage as between a man and a woman.
Minnesota Gov. Mark Dayton, who supports nuptials for gays and lesbians, is among those who spoke out against Amendment 1.
Delaware Gov. Jack Markell, who signed his stateās civil unions bill into law in May 2011, raised eyebrows in August when he suggested to the Huffington Post state lawmakers could debate a same-sex marriage bill as early as next year.
Garden State Equality Chair Steven Goldstein expressed confidence in a post-Election Day statement New Jerseyās Democratic-controlled state legislature will override Gov. Chris Christieās veto of the same-sex marriage bill lawmakers approved earlier this year. The state does not have a referendum or initiative process, but Goldstein stressed his group remains opposed to the idea of allowing voters to consider marriage rights for gays and lesbians at the ballot.
āThe majority should never vote on the civil rights of a minority, period,ā he said.
Same-sex marriage advocates in other states are poised to implement a different strategy.
Basic Rights Oregon has launched an online campaign designed to bolster support for a 2014 ballot measure that would overturn the stateās constitutional amendment that defines marriage as between a man and a woman. Oregon would become the first state in the country to overturn such a ban if voters support the referendum.
āAs more and more Americans are having conversations with gay and lesbian friends and family about why marriage matters, theyāre coming to realize that this is not a political issue: This is about love, commitment and family,ā reads the appeal. āWe know that we are on the right path. Our outreach, just like that of the states who [have won] the freedom to marry is winning hearts and minds.ā
Rick Sutton, executive director of Equality Indiana Action, which opposes a proposed state constitutional amendment that would ban marriage for same-sex couples that is expected to go before voters in 2014, told the Blade his group has already looked to the campaign that defeated Minnesotaās Amendment 1 for guidance.
āItās pretty clear to me to win an amendment like that ā thereās was very similar to what ours will likely be ā you have to have a pretty broad coalition of businesses, faith community, labor, retired folks, the whole gamut,ā said Sutton. He noted WellPoint, the Simon Property Group and other Indiana-based corporations have already spoken out against the proposed amendment. āIt will be difficult to attract and retain top quality scientists and engineers, particularly younger ones, who just donāt think this is something government should be getting involved with. Theyāre concerned about their future workforce.ā
An ABC News/Washington Post poll released on Nov. 14 indicates 51 percent of Americans support marriage rights for same-sex couples. A Gallup poll conducted shortly after President Obama publicly endorsed marriage rights for same-sex couples noted 60 percent of respondents said his position on the issue would not influence whether they would support or oppose his re-election bid.
āWhat happened I think with this election is that itās taken away the argument from our opponents that when legislators are forced to vote to affirm the right of same-sex couples to marriage equality, the popular sentiment is on the opposite side,ā Equality Illinois CEO Bernard Cherkasov told the Blade.
Lambda Legal and the ACLU of Illinois on May 30 filed lawsuits against the Cook County Clerkās office on behalf of 25 same-sex couples. Attorney General Lisa Madigan and Cook County Stateās Attorney Anita Alvarez have both said they support the litigation, while Cook County Clerk David Orr and Chicago Mayor Rahm Emanuel are among those who support marriage rights for same-sex couples.
More than 4,800 same-sex couples have taken advantage of the stateās civil unions law since it took effect in July 2011, but Cherkasov said the election results confirm āthereās popular support for marriage equality.ā
āLawmakers should follow suit and actually grant marriage equality to gay and lesbian couples in loving, committed relationships,ā he said. āWe intend to carry that message to our lawmakers in Illinois.ā
Sutton agreed as he discussed Obamaās evolution on the successful same-sex marriage referenda in Maine, Maryland and Washington on Election Day.
āNational momentum is there,ā he said. āThe time has come for the other side to realize where they are. They wonāt give up quietly. Their argument never changes. Itās always the same, and weāre ready for that. Weāre absolutely ready.ā
U.S. Supreme Court
Supreme Court declines to hear lawsuit against Montgomery County schools gender guidelines
4th Circuit last August dismissed parents’ case
The U.S. Supreme Court on Monday declined to hear a lawsuit against Montgomery County Public Schools guidelines that allow schools to create plans in support of transgender or gender nonconfirming students without their parents’ knowledge or consent.
Three parents of students in the school district ā none of whom have trans or gender nonconfirming children ā filed the lawsuit.
A judge on the 4th U.S. Circuit Court of Appeals last August dismissed the case. The plaintiffs appealed the decision to the Supreme Court.
Representatives Suzanne Bonamici (D-Ore.), Mark Pocan (D-Wis.), and Sharice Davids (D-Kan.) reintroduced legislation to increase access to needed services and resources for LGBTQ seniors who live in rural areas this week.
The Elder Pride Act would bolster the capacity and ability of Area Agencies on Aging located in rural communities to better serve and support LGBTQ seniors who often require affirming care, services, and supports that are often underfunded and scarce in many parts of the country.
Recent surveys show that between 2.9 million and 3.8 million LGBTQ people live in rural American communities.
āLGBTQ+ elders and older people living with HIV live in every part of this nation, including rural areas. We all deserve to be able to age in our communities with the services and supports we need to remain independent,ā SAGE CEO Michael Adams said in the press release announcing the reintroduction of the legislation. āWe commend Representatives Suzanne Bonamici (D-OR), Mark Pocan (D-WI), and Sharice Davids (D-KS) on reintroducing the Elder Pride Act. And we honor the contributions of our many LGBTQ+ trailblazers whose tireless advocacy allowed us to reintroduce this critical bill. We look forward to working alongside Reps. Bonamici, Pocan, and Davids, and our LGBTQ+ pioneers nationwide to pass this legislation.ā
āLGBTQI+ seniors should be able to access services and care that meets their unique needs, regardless of where they live,ā said Bonamici, chair of the Equality Caucusās LGBTQ+ Aging Issues Task Force.āThose who live in rural areas frequently face increased barriers, which Congress can break down. The Elder Pride Act will increase resources for programs and services that will improve the lives of LGBTQI+ elders.ā
āThe Elder Pride Act will improve the overall health and social and economic well-being of LGBTQI+ older adults and seniors living with HIV in rural areas by better equipping senior service providers with resources to address the unique needs of these communities. Iām pleased to introduce this important legislation with my colleagues and co-leaders on the Equality Caucus, Reps. Pocan and Davids,ā Bonamici added.
āRural LGBTQI+ seniors have been lacking access to necessary services and care for too long,ā said Pocan, co-chair of the Congressional LGBTQ+ Equality Caucus. āThe Elder Pride Act creates opportunities for LGBTQ+ seniors in rural communities, benefiting everyone in the region. I look forward to advancing this important legislation.ā
āMany of our LGBTQ+ elders fought tirelessly for equality in a world that refused to accept their identity,ā said Davids. āWhile they overcame tremendous odds to give future generations the rights they deserve, our elders, particularly those in rural communities, continue to face discrimination when accessing long-term care and healthcare. I am proud to support the Elder Pride Act because who you are and who you love should never increase your risk for isolation, poverty, and poor health outcomes as you age.ā
The Elder Pride Act complements the Older American Act, which was updated under Bonamiciās leadership, by establishing a rural grant program designed to fund care and services for LGBTQ seniors. The grant would also support programs that:
ā¢ Provide services such as cultural competency training for service providers;
ā¢ Develop modes of connection between LGBTQI+ older adults and local service providers and community organizations;
ā¢ Expand the use of nondiscrimination policies and community spaces for older adults who are members of the LGBTQI+ community or another protected class; and,
ā¢ Disseminate resources on sexual health and aging for senior service providers.
A fact sheet on the legislation can be found here, and the full text can be found here.
State Department
State Department travel advisory warns of potential anti-LGBTQ violence
FBI issued similar warning this week
The State Department on Friday issued a worldwide travel advisory that warns of potential violence against LGBTQ people and LGBTQ-specific events.
“Due to the potential for terrorist attacks, demonstrations, or violent actions against U.S. citizens and interests, the Department of State advises U.S. citizens overseas to exercise increased caution,” reads the advisory. “The Department of State is aware of the increased potential for foreign terrorist organization-inspired violence against LGBTQI+ persons and events and advises U.S. citizens overseas to exercise increased caution.”
The advisory further urges U.S. citizens to:
- Stay alert in locations frequented by tourists, including Pride celebrations and venues frequented by LGBTQI+ persons.
- Enroll in theĀ Smart Traveler Enrollment ProgramĀ (STEP)Ā to receive information and alerts and make it easier to locate you in an emergency overseas.
- Follow the Department of State onĀ FacebookĀ andĀ Twitter.
The Federal Bureau of Investigation and the Homeland Security Investigations earlier this week issued a similar advisory.
The advisory notes June 12 will mark eight years since the massacre at the Pulse nightclub in Orlando, Fla.
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