The Bilerico Project

Take Action: Anoka-Hennepin School District Suicides

Kate Kendell — Sat, 30 Jul 2011 16:00:00 -0500

I'm tired of asking this. And I think you probably are too.

When it comes to our lesbian, gay, bisexual, and transgender youth, just how bad do things have to get before they change?

It's tough being a teenager anywhere, but being a student in Minnesota's Anoka-Hennepin School District is especially hard. Why? Because there's actually a "gag policy" that prevents school staff from talking about LGBT issues.

The bottom line is that this gag policy has created an environment where LGBT kids are relentlessly and cruelly bullied.

Even after seven teenagers in the district, including at least four who were known or perceived to be LGBT, took their own lives, school-district administrators and elected officials refuse to help.

NCLR has filed a lawsuit against the school district demanding that it immediately repeal the gag policy, and to take action to address the bullying and harassment that LGBT students are regularly facing. The lawsuit is underway, and now it's time to take action.

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Historic Prop 8 Ruling Rejects Effort to Disqualify Judge Walker

Kate Kendell — Tue, 14 Jun 2011 19:15:00 -0500

Only 24 hours after hearing the Proposition 8 supporters' motion to disqualify former U.S. District Court Chief Judge Walker and invalidate his August 2010 ruling striking down Prop 8, Chief Judge James Ware of the federal district court in San Francisco today issued an inspiring defense of the integrity of judges everywhere. Judge Ware, who was appointed by President George H. W. Bush, ruled that Judge Walker had no reason to recuse himself from hearing the case just because he is gay and in a relationship. Judge Ware saw right through the smokescreen the defenders of Prop 8 had thrown up, holding that a decision that Judge Walker could not rule impartially "would come dangerously close to holding that minority judges must disqualify themselves from all major civil rights actions."

Judge Ware's ruling today was a well-deserved vindication for Judge Walker, who presided over the Prop 8 trial with integrity, balance and poise. He was scrupulously fair to both sides throughout the trial, permitting the defenders of Prop 8 to cross-examine witnesses at length and offer all the evidence they could muster in defense of the initiative--which turned out to be essentially nothing.

Echoing the arguments made by civil rights groups who had filed friend-of-the-court briefs on this issue, Judge Ware incisively stated the central problem with the Prop 8 supporters' challenge to Judge Walker. "In our society," Judge Ware explained, "a variety of citizens of different backgrounds coexist because we have constitutionally bound ourselves to protect the fundamental rights of one another from being violated by unlawful treatment. Thus, we all have an equal stake in a case that challenges the constitutionality of a restriction on a fundamental right."

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I Won't Lie About My Marriage on My Taxes

Kate Kendell — Mon, 18 Apr 2011 16:00:00 -0500

My birthday is April 15. No one ever forgets my birthday, which is great of course, but it is also a sometimes bittersweet date since April 15 is always - until this year's anomaly - tax day.

Every year, I, like most other Americans, have dutifully filed my taxes by April 15. I've signed my tax return without giving it much thought, until this year.

This year, Sandy and I signed our tax return together. And we filed our federal return as married. Why? Well, because we are married. After 15 years together, in July of 2008 we were legally married in California. And it was a blast of a day. We loved it. Our kids, who were 11 and 6 at the time, loved it. And our small gathering of friends and family loved it.

But because of the so-called Defense of Marriage Act, or DOMA, our marriage is not acknowledged, recognized, or respected by the federal government. It meant a lot to have the opportunity to marry, and after two years of still filing our returns as "single," thus pretending that our marriage had never happened, I was done lying.

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Ted and David's Most Excellent Adventure

Kate Kendell — Tue, 17 Aug 2010 08:30:00 -0500

In the weeks leading up to the Proposition 8 trial, much was made in the media, blogs, and everyday conversations about the unlikely duo leading the legal challenge against the shameful California ballot measure that stripped marriage from same-sex couples.

The two, Ted Olson and David Boies, are an unlikely pairing on many levels.

They are political adversaries, and famously opposed each other in Bush v. Gore.

They are each high-powered and highly paid inside-the-beltway lawyers.

Ted is a long-time darling of the conservative movement, a former U.S. Solicitor General and a founder of the Federalist Society. David is a Democratic Party insider and an advisor to a number of key Democratic leaders.

And, finally, both are straight, and had no apparent prior interest or experience in lesbian, gay, bisexual, and transgender issues.

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Good Riddance Prop 8

Kate Kendell — Wed, 04 Aug 2010 18:00:00 -0500

Well, it's official: Proposition 8 is history - hopefully, for good. Today, U.S. District Court Judge Vaughn R. Walker ruled that Proposition 8 is unconstitutional and violates the United States Constitution's guarantees of due process and equal protection of the laws. The ruling is a tour de force--a grand slam on every count.

The court held that Prop 8 violates the fundamental right to marry and discriminates on the basis of both sex and sexual orientation in violation of the equal protection clause. The court held that laws that discriminate based on sexual orientation must be subject to the highest level of constitutional review, but that Prop 8 would fail even the lowest test, because it is based solely on moral disapproval of gay people. The court made detailed findings of fact about all of the evidence presented and the credibility of the witnesses.

This is without a doubt a game-changing ruling. Today's decision is the most comprehensive, detailed decision addressing the constitutional rights of same-sex couples to affirmative recognition and support ever to be issued by a federal court. There are many "money quotes" in the decision but among them:

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A Victory for Clay Greene

Kate Kendell — Sat, 24 Jul 2010 16:00:00 -0500

Just days before trial was set to begin in our lawsuit on behalf of Clay Greene, Sonoma County officials have agreed to settle out of court with the elderly man, who County officials separated from his partner, Harold Scull, after Harold was injured in a fall outside of their home.

Their tragic story captured hearts and headlines across the country, and generated an outpouring of support unlike anything we have seen before, along with intense, justifiable outrage that an elderly gay couple could experience such cruel mistreatment and abuse.

Sonoma County has agreed to pay Clay and Harold's estate $600,000, and defendant Agua Caliente Villa has agreed to pay $53,000. These payments are partial vindication for the nightmare Clay and Harold endured at the hands of county workers, who disregarded their 20-year relationship and failed to respect legal documents in which Clay and Harold named each other as agents for medical and financial decisions.

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From the Courthouse

Kate Kendell — Thu, 17 Jun 2010 08:30:00 -0500

Yesterday we heard compelling closing arguments in Perry v. Schwarzenegger, the federal challenge to Proposition 8. The National Center for Lesbian Rights was in the courtroom live-tweeting, making sure that you shared this historical moment with us. I was in the courtroom and had the honor of watching this highly-skilled legal team in action.

This trial has been a truly historic moment for our community. It was the first time a federal court heard, first hand, from real live witnesses, about the harm that the denial of marriage equality causes same-sex couples and their families every day. It is also the first time a federal court has heard the arguments in favor of marriage equality presented live in court by an array of internationally renowned scholars who are truly experts in their respective fields.

Check out my vlog on yesterday's closing arguments, which were as powerful as the testimony heard at the trial. It's after the jump with more thoughts.

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The Backbone of Our Work

Kate Kendell — Sat, 05 Jun 2010 10:00:00 -0500

Most of you know I'm the Executive Director of the National Center for Lesbian Rights. Thirty-three years ago, we were founded by two attorneys seeking to help secure the parenting rights of lesbian mothers who were losing their children when coming out, and NCLR soon expanded to include advocacy for the rights of all LGBT people and our allies.

While a lot has changed in the thirty-three years since NCLR was founded, there's still much to be done. As a legal organization in this constantly changing legal landscape for our community, we often hear from clients and supporters who've had difficulty finding the legal resources needed to protect their rights and sometimes, knowing exactly what legal protections they have and the incredible network of attorneys and advocates willing to fight for their rights.

That's why I want to make sure that members of our community know that they don't have to navigate this landscape alone. I want them to know that there are tools to empower our community, like NCLR's Legal Information Helpline.

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Defending the Indefensible

Kate Kendell — Thu, 29 Apr 2010 19:00:00 -0500

The story of Harold Scull and Clay Greene has reached tens of thousands of people, and in its telling has raised many questions. Since we announced our involvement in the case a couple of weeks ago, many readers have emailed the National Center for Lesbian Rights (NCLR). We have been touched by the outpouring of support for Clay, who literally lost everything after his partner of 25 years fell on the front porch of their home.

We also have been disappointed by Sonoma County's attacks on Clay--a deflection of the true issue in this case, which is the County's appalling and unlawful conduct toward Harold and Clay. Clay Greene is not on trial. The County of Sonoma is, and they have yet to address the actual charges raised in this case.

In attempting to defend the indefensible, Sonoma County has accused Clay of domestic violence and claimed that he and Harold - despite their 25 years together - were just "roommates." We believe the accusations are untrue, as does Jannette Biggerstaff, a long-time friend of Harold and Clay and the executor of Harold's estate. She is joining Clay in suing Sonoma County on Harold's behalf.

Because Harold is dead, Jannette is the only one who can speak for him. In a letter to the editor that just ran in the Santa Rosa Press Democrat, Jannette spoke out about the county's allegations:

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Meet Harold and Clay

Kate Kendell — Tue, 20 Apr 2010 09:30:00 -0500

The response to the horrific story of Clay Greene and Harold Scull has been very gratifying and inspiring. Clearly, their story struck a chord in all of us. To some degree we can't help imagining ourselves in exactly this situation. Forty-eight hours ago, few people knew their names, and now a Facebook page in their honor has more than 7,000 fans. Quite simply, this case demonstrates how our relationships as LGBT people are so fragile, especially when we reach our later years. Just one small incident, in this case a fall down some steps, sends the world crashing down.

Harold and Clay were in a committed relationship for twenty-five years, and they lived together for twenty years. Both Harold and Clay had worked in Hollywood and were passionate collectors of film memorabilia. Harold had worked for MGM studios in the 1950s and was a favorite of Louis B. Mayer in the studio's heyday. At the same time, Clay worked in television with many popular stars of that period. In addition to his film industry career, Harold was an accomplished artist and avid collector, especially of Mexican and Central American Santos religious art and artifacts. Art, heirlooms, and memorabilia graced the walls of their leased home, in which they planned to live together until their deaths.

Several folks have commented about the legal status of Clay and Harold's relationship. These tragic events began in April 2008, one month before the California Supreme Court's historic marriage ruling. By the time the California Supreme Court ruled and marriages began for that brief six months, Harold was already hospitalized and Clay imprisoned in a nursing home.

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Sonoma County CA separates elderly gay couple and sells all of their worldly possessions

Kate Kendell — Sat, 17 Apr 2010 16:00:00 -0500

Updated at the end of the post

Clay and his partner of 20 years, Harold, lived in California. Clay and Harold made diligent efforts to protect their legal rights, and had their legal paperwork in place--wills, powers of attorney, and medical directives, all naming each other. Harold was 88 years old and in frail medical condition, but still living at home with Clay, 77, who was in good health.

One evening, Harold fell down the front steps of their home and was taken to the hospital. Based on their medical directives alone, Clay should have been consulted in Harold's care from the first moment. Tragically, county and health care workers instead refused to allow Clay to see Harold in the hospital. The county then ultimately went one step further by isolating the couple from each other, placing the men in separate nursing homes.

Ignoring Clay's significant role in Harold's life, the county continued to treat Harold like he had no family and went to court seeking the power to make financial decisions on his behalf. Outrageously, the county represented to the judge that Clay was merely Harold's "roommate." The court denied their efforts, but did grant the county limited access to one of Harold's bank accounts to pay for his care.

What happened next is even more chilling.

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Building political power: One interview at a time

Kate Kendell — Wed, 10 Feb 2010 09:30:00 -0500

I'm back at my desk after four days in Dallas at the annual Creating Change conference organized by The Task Force. Every year I return re-energized and inspired. What I love most about Creating Change is the energy and vibe. There were over 2,500 folks this year and the crowd truly represents the full, vibrant, and fierce diversity of our community. Folks from all over the country, young and old, virtually every ethnic and religious identity, and a wide spectrum of abilities and backgrounds.

There is so much strength in our differences, and yet those differences also present critical opportunities and challenges. While at Creating Change it feels like our power and unity are unstoppable. But then we all go back home and, I fear too often, back into our familiar, silo-centered approaches to our work in this movement. I can't help but think what a force we would be if we truly saw the strength in our difference, and built the kind of coalitions and cross-cultural political movement that to date we have only dreamed of.

Along these lines, one of the best things I did at Creating Change was interview some of the other conference attendees. Bilerico set me up in a corner and rolled the camera and this is what we got. Great little conversations with some really inspiring folks, now that's what I'm talkin' about! Let's hit the ground running this year and commit to making sure that creating change isn't relegated to simply a catchy conference name.

My home boy William represented our tribe very well. More interviews and thoughts after the jump.

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Victory! NCLR Wins Landmark Title IX Retaliation Lawsuit on Behalf of Former Head Basketball Coach

Kate Kendell — Fri, 04 Dec 2009 15:00:00 -0500

Whoever said "victory was sweet" may have been a sports figure, or perhaps a lawyer vindicating the rights of a sports figure--say, for example, a lawyer vindicating the rights of a lesbian basketball coach fired from her job when she advocated for her student-athletes and complained about gender inequities in violation of Title IX.

Whatever the origin of the phrase, trust me, today all of us here at NCLR are feeling the truth of it. Yesterday, after an excruciating month-long trial and after deliberating for almost three days, a jury in San Diego found that NCLR client Lorri Sulpizio had been the victim of retaliation in violation of Title IX and was entitled to damages. Title IX is a federal statute that prohibits discrimination based on sex in any education program or activity receiving federal financial assistance in the United States.

This is a huge victory--and boy is it sweet. We have been representing Lorri, who was the basketball coach at San Diego Mesa College--in the second largest community college district in California--since the summer of 2007. Lorri called NCLR soon after she was fired. Through the months of worry and, at times, despair, neither we, nor Lorri, ever gave up.

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Jorge and Will: Tragedy and Hope

Kate Kendell — Wed, 18 Nov 2009 19:00:00 -0500

This week two stories collided: The story of Jorge Steven Lopez Mercado and the story of Will Phillips. On November 14 the decapitated, dismembered, and burned body of Jorge Steven Lopez was found by the side of the road in Cayey, Puerto Rico. Jorge was 19 and openly gay. He was much loved by his wide circle of friends. He was handsome and hopeful. He had his whole life ahead of him.

While Puerto Rico does not have any history of prosecuting hate crimes, it is clear to many that there is no other explanation for the savagery of Jorge's murder. The response of the police agent investigating the crime betrayed an appalling level of homophobia and bigotry. In a televised statement, the investigator noted that "people who lead this type of lifestyle need to be aware that this will happen." This so-called "investigator" should be fired and never allowed to wear a uniform which implies he protects anyone, ever.

It is impossible to imagine the pain of Jorge's family and friends. The shock of his murder has stunned the LGBT community in Puerto Rico. Jorge's murder is the direct result of prejudice, ignorance, and bigotry that still dominate life for so many LGBT people around the globe. For many, daily insults, fear, and brutality are a way of life. Compounding this untenable situation is the fact that the very officials empowered to protect our LGBT brothers and sisters either turn a blind eye, are complicit in the terror, or actually perpetrate the attacks. Hearing these stories is almost more than a heart can bear.

On the day I heard about Jorge's horrific killing, I also read the story of Will Phillips.

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And Now, Two Steps Forward

Kate Kendell — Thu, 05 Nov 2009 15:00:00 -0500

Even as we took the sucker punch of losing marriage equality in Maine by popular vote, we saw history made and in the making in Kalamazoo, Michigan and--hopefully--Washington State.

In Kalamazoo voters strongly backed an ordinance which protects lesbian, gay, bisexual, and transgender people from discrimination in employment, housing, and public accommodation.

In Washington state, which votes by mail, it now appears very clear that the comprehensive Domestic Partner law passed by the legislature and signed by the Governor will now become law. Our opponents had placed on the ballot a measure to repeal the law. Voters, by a too-close-for-comfort margin, seem to have voted to approve the legislation.

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