LGBT POV

Equality California had a fruitful year – getting 14 bills and resolutions passed through the state legislature. Seven bills now sit on Governor Arnold Schwarzenegger’s desk but the Religious Right is pressuring the governor to veto at least two of them.

One of those bills, SB 543 – introduced by openly gay state Sen. Mark Leno and sponsored by EQCA – would allow young people 12 to 17 years old to access counseling without parental consent. While the Religious Right’s ongoing public relations efforts claim that parents and churches know what’s best for children – a  2006 survey of at-risk youth in Massachusetts says that LGBT youth are four times more likely to attempt suicide than their heterosexual peers – often because of school bullying, religious stigma, or family rejection.

The bill is now on Gov. Arnold Schwarzenegger’s desk and the Religious Right is pressuring him to veto it. “To deny these youth mental health services because they are too afraid to ask their parents for permission is unconscionable,” says EQCA Executive Director Geoff Kors.

Kors adds:

“Anti-LGBT organizations are also working to defeat a bill that puts into California code that clergy, acting on behalf of their religion, shall not be required to marry couples if such marriage is inconsistent with their faith. Although our opponents want clergy protected, they are opposing this bill as it will take away their ability to falsely claim that clergy will be required to marry same-sex couples as they did during the Proposition 8 campaign.  We are urging everyone to contact the Governor and urge him to sign these and all seven EQCA sponsored bills.”

There is an action alert set up at www.eqca.org for people to contact the Governor.

The conservative Pacific Justice Institute filed a petition with the 3rd District Court of Appeal in Sacramento on Monday to try to force the state – Gov. Arnold Schwarzenegger and Attorney General Jerry Brown – to defend Prop 8 on appeal in federal court, the AP reports.

The state, as government-defendants in the Perry v Schwarzenegger case, has until Sept. 11 to file an appeal of Chief U.S. District Judge Vaughn Walker’s ruling striking down Prop 8 as unconstitutional last Aug. 4. Both Schwarzenegger and Brown said they will not appeal. Protect Marriage, the defendant-interveners, appealed but there is a question about whether they have standing as private citizens in the 9th Circuit Court of Appeals. The 9th Circuit will hear arguments on that issue during the week of Dec. 6.

In a blog on their website, PJI posits failure to uphold Prop 8 as a “constitutional crisis:”

“California is teetering on the precipice of a constitutional crisis. Former bodybuilder, turned Governor, Arnold Schwarzenegger, along with former Governor, turned Attorney General, Jerry Brown, are putting their shoulders down to push California’s voters over the cliff. With them, the state’s republican form of government will fall.”

Lambda Legal’s Legal Director Jon Davidson makes an excellent point about “judicial activism:”

“This latest, desperate move by antigay forces recognizes that, without an appeal by Gov. Schwarzenegger or Attorney General Jerry Brown, the Perry case may be over and Prop. 8 a relic of the past.  It’s ironic that groups that regularly attack the judiciary are now asking judges to second guess the highest members of the state’s executive branch who correctly have decided that Prop. 8 so clearly violates the U.S. Constitution that it cannot in good faith be defended.  Those officials swore to uphold the federal Constitution which, under our federal system of government, overrides state law.”

Equality California Executive Director Geoff Kors issued this statement in response to the PJI action:

“This is an outrageous attempt to try and force elected officials who have sworn to uphold the United States Constitution to defend a law that the Federal Court has found to be unconstitutional. It demonstrates their acknowledgement that the proponents of Proposition 8 lack standing to appeal, that the case should be dismissed and loving same-sex couples should be allowed to exercise their constitutional right to marry.”

Right Wing Watch reminds us how PJI President Brad Dacus at a Protect Marriage/Yes on 8 rally on Oct. 28, 2008 said “failure to pass Prop 8 in California would be akin to failing to stop Hitler.”

Courage Campaign Founder and Chairman Rick Jacobs said this:

“With California laying off teachers, police and firefighters amidst an unprecedented budget crisis, it is the height of hypocrisy for so called ‘conservatives’ to demand that California taxpayers foot the bill to defend a discriminatory law that has already been declared unconstitutional in federal court. This frivolous action shows just how out of touch and desperate those who seek to limit the freedoms of loving American families have become.”

I’ve been a little surprise at the burst of attention over the “news” that Republican gubernatorial candidate Meg Whitman and attorney general candidate Steve Cooley would defend Prop 8 in the federal trial, if elected and given the opportunity.

Maybe it’s just a California thing – but LGBTs here have been discussing this since before the primaries.  In fact, it was a key point during the April 25 Equality California Political Action Committee Forum with all the Democratic candidates for attorney general.  

In this post, I look at who’s saying what about defending Prop 8 and get some guidance from Lambda Legal’s Jon Davidson. Here’s an example of some of Davidson’s insight: “If they get elected, Whitman and/or Cooley might also seek to file an amicus brief after their election or after they are sworn in, which would be after the oral argument.  They would need to seek permission to file late.  There is no way of knowing whether the Ninth Circuit judges hearing the case would grant such a request to file late.” (emphasis mine)

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Late Thursday afternoon, Bill May, Chair of Catholics for the Common Good, sent out a breathless alert urging his followers to immediately contact their Assemblymember to STOP Senate Bill 906, authored by openly gay state Sen. Mark Leno (pictured).

“[S]o far it has failed to get the 41 votes needed to pass. They are holding the vote open for the rest of the day to twist more arms for its passage. We don’t know who has voted or not. To be safe, please contact your Assembly member right away and ask him or her to vote “NO”.

The bill is very deceptive. It appears to be harmless and well intentioned, but it is really a Trojan horse sponsored by the opponents of Prop 8. It is another slap at the 7 million voters who passed it. The outcome of this bill is important as we are confident the current legal defense of Prop 8 will be eventually successful.”

How deceptive and harmless is it? Please click inside to see – plus an update from Bill May.

There was a flood of reaction to U.S. District Court Judge Joseph L. Tauro’s two rulings Thursday that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. One ruling stems from GLAD’s lawsuit Gill v. Office of Personnel Management filed in March 2009 regarding claims of harm brought by seven married same-sex couples and three widowers from Massachusetts, some of whom are seen here after the victory. Under the ruling, the plaintiffs are entitled to the same federal spousal benefits and protections as every other married couple in the state. The second ruling results from Attorney General Martha Coakley’s lawsuit, Commonwealth of Massachusetts v. Department of Health and Human Services.

“Today the Court simply affirmed that our country won’t tolerate second-class marriages,” says Mary Bonauto, GLAD’s Civil Rights Project Director, who argued the Gil case. “I’m pleased that Judge Tauro recognized that married same-sex couples and surviving spouses have been seriously harmed by DOMA and that the plaintiffs deserve the same opportunities to care and provide for each other and for their children that other families enjoy. This ruling will make a real difference for countless families in Massachusetts.”

In a conference call with reporters and bloggers, Coakley called the decision a “landmark” ruling and a “very important step to achieve equality.” Plaintiff Nancy Gill, a federal worker, said she was “just absolutely thrilled. I’m so happy, I don’t even put it into words.”

Please click inside to read a compilation of opinions and a slew of reactions. And here’s University of Pennsylvania Law Professor Tobias Wolff’s analysis of what’s next:

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While the nation focused on the victories of Meg Whitman and Carly Fiorina, two corporate Republican women who spent millions to win their gubernatorial and Senate primary campaigns, respectively, LGBTs were focused on statewide and local races that boosted the fight for equality in California.

As of midnight, with more than half of the precincts reporting, Victoria Kolakowski, a transgender administrative law judge and attorney for over 20 years is leading in her race for Alameda County Superior Court Judge with 46.11% of the vote, compared to her nearest competitor with 31.52% of the vote. While she will likely have to face a run-off, her lead is significant and her win would be historic.

In Southern California, openly gay Ricardo Lara, a founding member of HONOR PAC, appears to have won his race in the 50^th Assembly District in the East LA area. He becomes the second openly gay Latino in the state Legislature in California history.

And in what openly gay Assembly Speaker John A. Perez described as a “huge win,” pro-gay Democrat Matt Gatto beat National Organization for Marriage favorite Sunder Ramani who “used H8 card with the Armenian community,” which backfired. Perez called the special election for Assembly District 43 a “bell-weather” for November since it was the only race where a Democrat went head-to-head with a Republican. As of midnight, Gatto was up almost 56% to Ramani’s 44%.

Perez also noted that Gatto won in a primary election where there was high Republican turnout. “It’s a very strong indication of what people want this year. They want elected officials who are committed to making the state work by investing in education and jobs and not turning their back on the needy, especially in this time of such a big economic crisis.”

Please click inside for more on the California primaries, with comments from Assembly Speaker John A. Perez, Equality California’s Geoff Kors, and Log Cabin Republican’s Scott Schmidt. UPDATED WITH NEW RESULTS.

Had he lived, the late San Francisco Supervisor Harvey Milk – one of the first openly gay elected officials in America – would have been 80 years old on Saturday, May 22. But he was assassinated Nov. 27, 1978, along with Mayor George Moscone, and became a martyr whose life and accomplishments are being marked in California by the first-ever Harvey Mild Day. LGBT POV has posted a number of stories and videos to commemorate Milk, starting with a video in which Milk talks about defeating the antigay Briggs Initiative.

According to Cleve Jones, who considered Milk his mentor, and the Bay Area Reporter – which revisited some of the columns Milk wrote for the gay paper – Milk stressed visibility, building coalitions, and getting out the vote. And if the plethora of events listed here commemorating Milk’s life are any indication, he has left an important legacy – including one felt by the first openly gay Speaker of the California Assembly John A. Perez, who is being honored by the Harvey Milk Foundation at Madame Tussauds Museum in Hollywood and by West Hollywood Mayor Pro Tem John Duran (pictured rehearsing on a soap box), who is starring as Milk in the Dustin Lance Black-written story/concert by the Gay Men’s Chorus of Los Angeles at Fairfax High School.

Here’s a quick list of events. Please click inside for details and information about each event:

10:00am – 3:00pm – Equality California has a HUGE roster of events – including Marriage Equality Canvass in EAST LA.

10:00am – 3:00 – LA Gay & Lesbian Center’s Vote for Equality Harvey Milk Day Canvass in the Valley!


10:30 am — 12:30 pm — The ACLU is also hosting a “coffee and discussion” featuring Mark Thompson and Mia Frances Yamamoto.

12:00p.m – The City of West Hollywood and Equality California will also host a celebration at West Hollywood Park.

3:00 – 4:00pm – Equality California fundraiser hosted by Sharon and Kelly Osbourne at the Osbourne family estate in Hidden Hills.

3:00-6:00pm – Equality Across America has organized a march and rally starting at Father Serra Park.

7:00 – Harvey Milk Foundation – “Red Carpet Celebration of Harvey Milk with Laughter and Music in Hollywood” on the Rooftop of World Famous Madame Tussauds Museum.

7:00 – Gay Men’s Chorus: The Harvey Milk Schools Project! – a concert performed at Fairfax High School Auditorium.

Midnight – Toast for Equality at bars and restaurants around LA.

Lessons from Harvey

By Geoff Kors

Executive Director, Equality California

As we have been gearing up to celebrate the first official day of recognition for an openly lesbian, gay, bisexual or transgender person in our nation’s history — Harvey Milk Day on May 22 — I decided to reread The Mayor of Castro Street. If you haven’t read it, you should. As I read, I reflected on the legacy of Harvey Milk. And I realized how much his life and vision guide our work as a movement.

Harvey Milk taught us that in order to achieve our goal of equality, we must be out and visible in all aspects of our lives, unwavering and principled in the values we hold and about more than just ourselves.

Being out and visible is something each and every one of us, LGBT and ally alike, must do every day of our lives. It isn’t always easy to talk about who we are with those that oppose our equality. We understandably fear more rejection for simply being who we are. But if we are going to achieve our dream of full equality and acceptance we all must be out — and be vocal about it.

Please click inside to read the rest of Geoff’s post about Harvey Milk. Additionally, Equality California is hosting a slew of events on Harvey Milk Day – including a kick-off event Friday night at the San Francisco LGBT Community Center featuring House Speaker Nancy Pelosi.

Grasp this: on Saturday, for the first time in American history, an openly gay man will be officially recognized for his accomplishments by the state of California. May 22 marks the birthday of the late LGBT martyr Harvey Milk, who will be honored with an official State Day of Recognition – Harvey Milk Day.

Openly gay San Francisco Supervisor Harvey Milk was assassinated on Nov. 27, 1978, along with his ally, Mayor George Moscone. Last September, when his when his Equality California-sponsored Harvey Milk Day bill passed the Assembly, openly gay Sen. Mark Leno said:

“[Harvey Milk] is an inspiration to people worldwide who believe in fairness and equality and he fought for many of the issues we value today, including access to education, public transportation, affordable housing and protecting the environment.”

EQCA Executive Director Geoff Kors says, “I am truly thrilled that after several years of hard work we have succeeded in making Harvey Milk’s Birthday an official State Day of Recognition.”

Today begins a weeklong series of posts about Harvey Milk, including a calendar of events happening on Harvey Milk Day on Saturday so LGBTs and allies can more easily find a commemoration to attend. But who better to kick off the series than Harvey Milk himself, here speaking about the antigay Briggs Initiative that he helped defeat:

And here is a promo for the excellent documentary Times of Harvey Milk by Rob Epstein – which can be seen in its entirety on Hulu and purchased on Amazon:

The California Assembly officially endorsed a resolution calling for the repeal of “Don’t Ask, Don’t Tell,” (SJR-9) in a 51-17 vote that included bipartisan support. The Equality California-sponsored resolution (SJR-9) was introduced into the State Senate last year by openly gay San Diego Sen. Christine Kehoe (pictured here with “Milk” producer Bruce Cohen and the late Harvey Milk’s nephew Stuart Milk at a “Harvey Milk Day” kick-off event Wednesday night. Photo by Matt Smith). The resolution calls on Congress to pass and President Barack Obama to immediately sign the Military Readiness Enhancement Act of 2009, which would repeal DADT to allow gays to serve openly in the armed forces and mandate non-discrimination based on sexual orientation.

In a statement delivered on the Assembly floor, Assemblymember Nathan Fletcher (R-San Diego) said:

“I believe that any American who has these core values – honor, courage, and commitment, and who is willing to give their life for their country should be allowed to serve openly and honorably.”

Sen. Kehoe said in an EQCA press release:

“A soldier must display courage, patriotism, commitment and ability — none of which have anything to do with sexual orientation. Overturning this shameful policy will help ensure that gay and lesbian Americans will be afforded the same opportunities as any other American who wants to serve our country.”

However, Speaker Nancy Pelosi told the Washington Blade Thursday that the path to repealing “Don’t Ask, Don’t Tell” is “uncertain.” Here’s an excerpt:

“As you probably are well aware, I have never supported ‘Don’t Ask, Don’t Tell,’ and look forward to a time soon when it will no longer be the policy,” she said in response to a Blade inquiry. ”How we get from here to there –we’ll make those determinations as we go forward.”

Please click inside for more.

The resolution now heads to the Senate for a concurrence vote, probably on Monday. After that, the State of California will officially be on the record endorsing the repeal of DADT.

Here is former Marine Nathan Fletcher, who represents the 75th Assembly District in San Diego County:

Grassroots activists GetEQUAL have generated national headlines by drawing attention to the lack of progress on federal LGBT equality bills such as the Employment Non-Discrimination Act (ENDA) and Don’t Ask, Don’t Tell. But the other side of the equation is to GetSMART and elect leaders who are good on LGBT and HIV/AIDS issues. With that in mind, Equality California’s Political Action Committee is hosting a free public forum on Sunday, April 25 at the Pacific Design Center in West Hollywood for candidates running for statewide office.

Several candidates will attend, including San Francisco Mayor Gavin Newsom. At the event, candidates will take questions from a panel composed of members of the press – including me – and community leaders. Submit your questions before the event to mythoughts@eqca.org. The forum will also be broadcasted live online at eqcapac.org/forum/online. Attendees will be able to meet the candidates at receptions after both the morning and afternoon sessions. PLEASE COME, MEET THE CANDIDATES AND ASK QUESTIONS!

WHERE: Pacific Design Center, Blue Building, 8687 Melrose Ave, West Hollywood, CA 90069

I will be a panelist along with EQCA’s Geoff Kors during the morning session.

Morning Session

Welcome: 10:30am – 10:40am

Insurance Commissioner: 10:40am – 1:20pm Candidates Included:

• Assemblymember Dave Jones
• Assemblymember Hector De La Torre (Pictured)

Attorney General: 11:25am-1:25pm Candidates Included:

• Rocky Delgadillo, former Los Angeles City Attorney
• Kamala Harris, San Francisco District Attorney
• Chris Kelly, Chief Privacy Officer of FaceBook
• Ted Lieu, current Assemblymember from Manhattan Beach
• Pedro Nava, Assemblymember from Santa Barbara
• Alberto Torrico, Assemblymember from Fremont

Lunch Reception: 1:30pm – 3:30pm

Afternoon Session

Superintendent of Public Instruction: 3:30pm 4:30pm Candidates Included:

• Larry Aceves, former President of the Association of California School Administrators
• Gloria Romero, State Senator from East Los Angeles
• Tom Torlakson, Assemblymember from Contra Costa County

Lieutenant Governor: 4:30pm-5:15pm Candidates Included:

• Los Angeles City Councilmember Janice Hahn
• San Francisco Mayor Gavin Newsom

Evening Reception: 5:30pm – 7:00pm

Location: Eleven Restaurant and Bar around the corner at 8811 Santa Monica Blvd.

The Los Angeles-based Stonewall Democratic Club meeting Monday night was supposed to run smoothly, with the club’s endorsement roster expected to safely pass on a consent vote. But the unexpected happened when someone pulled incumbent Assemblymember Mike Davis’ name, which, by club rules, meant three people could speak for and three people could speak against his endorsement. One straight Davis supporter argued for the Assemblymember’s endorsement because, she said emphatically, “He’s gay!”

Please click inside for the story and UPDATED reactions.

Oh, that NOM. The National Organization for Marriage just launched a $500,000 campaign to “expose” Tom Campbell – a Republican candidate seeking to unseat US Senator Barbara Boxer in her re-election bid. He’s a – gasp – RINO!!!!! That means – “Republican in Name Only.”

In a fundraising email, NOM’s Brian Brown – who calls Boxer “one of the most notorious uber-liberals in the Senate” – says:

This powerful new campaign is a continuation of NOM’s aggressive leadership to expose liberal pro-same-sex marriage Republicans. NOM helped lead the effort to derail the candidacy of Dede Scozzafava in New York’s 23rd Congressional District last November. Scozzafava was so discredited as a result of NOM’s effort and that of other groups that she was forced to withdraw from the race.”

Click inside to see how this might help Boxer – plus reaction from Campbell’s campaign and EQCA’s Geoff Kors.

Openly gay Assemblymember John Perez (D-Los Angeles) is making history Monday as he is sworn in as the new Assembly Speaker. He is taking over from Karen Bass (D-Los Angeles), who is running for Congressmember Diane Watson’s seat.

Longtime political columnist Rick Orlov notes that Assembly Speaker is considered “the second-most powerful job in California politics.” He writes:

“In a ceremony being compared to an inauguration, Perez will outline his priorities – jobs, jobs, jobs and perhaps a bit on education and, oh yeah, that multibillion-dollar budget problem. He is expected to be speaking to a full house, including Gov. Arnold Schwarzenegger, former Gov. Gray Davis and Mayor Antonio Villaraigosa – Perez’s cousin.”

Also attending will be many of Perez’s longtime LGBT friends, including Eric Bauman, the openly gay vice chair of the California Democratic Party. Please click inside to read more about Perez’s swearing in and a comment from Equality California’s Geoff Kors on this history-making day. UPDATE from Bauman at 12:50p: “The Gay Mens Chorus has the house in tears with a medley of America the Beautiful and America… To be followed by It’s a Brand New Day from the Wiz… Go boys, turn them out!”

UPDATE: LA Times reports Perez sworn in at 12:56.

UPDATE: West Hollywood City Councilmember John Duran in the Capitol Gallery says: “The Assembly Chambers were filled with the spirits of the thousands of LGBT activists who strolled the Capitol halls for more than 40 years demanding justice on sodomy laws, hate crimes, discrimination and AIDS. Much blood was shed to get us here.”

UPDATE: EQCA’s Geoff Kors just emailed comments, including this: “Like Harvey Milk, Speaker Pérez proves that being LGBT does not preclude a person from achieving greatness or making the world a better place for others.”

As Equality California Executive Director Geoff Kors notes in his remarks at EQCA’s Awards gala Saturday night, last year was an amazing legislative year for LGBT bills and resolutions in California. EQCA sponsored an unprecedented 63 pieces of legislation and among the 11 bills that passed was state Sen. Mark Leno’s Harvey Milk Day bill which created the first ever annual day of recognition for an openly LGBT person.

Please click inside to read Kor’s remarks.

Prop. 8 Case: Progress on LGBT Rights Doesn’t Equal Equality writes Geoff Kors, Executive Director of Equality California in this guest blog about the testimony of Dr. Gary Segura, a tenured political science professor at Stanford University, this past week in the federal case against Proposition 8.

“The real issue,” Kors writes, is that so long “as a shift in the political landscape can undo the gains we have made, as a community we are still vulnerable enough that the protections afforded to suspect classes are necessary to truly protect our rights.” Please click inside to read his essay.

I was among the lucky LGBT reporters who worked with the Sirius/XM Out Q news team of Tim Curran and Aaron McQuade to put together their Year in Review specials. My assignment was Prop 8 and in case some of you missed the special, I decided to post the script. I think the interview with EQCA executive director Geoff Kors was illuminating, for instance, in how he suggested that the upcoming Harvey Milk Day in California schools will help take away one of the Religious Right wing’s key arguments against marriage equality. And Shannon Minter calling Ted Olson and David Boies ” a Dream Team beyond description” indicates that the LGBT community is becoming more unified in their support of the federal challenge to Prop 8 that goes to trial next week. Please click inside to read the script.

Coming on the heels of the gut-wrenching loss of marriage rights in Maine, the vote in the New York state Senate to oppose a marriage bill brought by openly gay Senator Thomas k. Duane was agony. (Read Paul Schindler’s excellent coverage in Gay City News here.) For some of us in California, the losses are constant reminders of our own unhealed grief and anger over Prop 8. But in fact, California didn’t have an easy time winning marriage equality in the state Legislature, either. So I asked Geoff Kors, Executive Director of Equality California, to write a piece about what that experience was like – to perhaps add a tiny bit of balm to the open wound our New York friends might be feeling. Please click inside to read Geoff’s story.

Equality California Executive Director Geoff Kors calls on President Obama to file a brief in the federal court challenge to Prop 8 – and calls on you to sign EQCA’s petition to pressure the president to do that. Click inside for more information and the link to the petition.

Election Night one year ago was simultaneously thrilling and devastating with the election of America’s first African American president and the passage of antigay Prop 8.
Click inside to read my contemporaneous story summing up the No on Prop 8 campaign. (Protest stories coming up).