LOUISVILLE — A federal judge said Wednesday afternoon that he would issue a final order within 24 hours requiring Kentucky to immediately recognize same-sex marriages performed outside the state.
In response, lawyers for the attorney general's office told U.S. District Judge John G. Heyburn II at a hearing that the state would "very promptly" decide whether to appeal the order. Heyburn told lawyers at the hearing that his final order will not include a stay postponing it from taking effect. "There could be some confusion" among Kentuckians who quickly seek legal benefits stemming from their same-sex marriages, such as joint tax-filing status, if the state appeals 30 days later and delays the implementation of the order or throws its future into question, Heyburn cautioned. Gov. Steve Beshear and Attorney General Jack Conway, both Democrats, are defendants in the lawsuit. Attorneys for the state did not introduce any evidence against same-sex marriage while the suit was being argued, limiting the case to issues of law. Four same-sex couples who legally wed outside Kentucky sued the state last year for recognition of their marriages. Heyburn issued a preliminary order Feb. 12 striking down portions of a 1998 state law and a 2004 state constitutional amendment defining marriage as between one man and one woman, and prohibiting the recognition of same-sex marriages from states where they are legal. The Fourteenth Amendment to the U.S. Constitution guarantees equal protection of the law from state to state, so Kentucky cannot deny people their fundamental rights, such as the right to marriage, Heyburn wrote at the time. Civil rights groups are urging Beshear and Conway to not appeal Heyburn's order when it's final. Religious conservative groups are urging the opposite. Also Wednesday, Heyburn allowed a new group of plaintiffs to intervene in the case and demand that Kentucky county clerks issue marriage certificates to same-sex couples. The new plaintiffs are two Jefferson County couples: Timothy Love and Lawrence Ysunza, who have lived together for 33 years, and Maurice Blanchard and Dominique James, who have been together for 10 years. However, Heyburn denied the new plaintiffs' request for a preliminary injunction, a court ruling that immediately would require Kentucky to issue marriage certificates to same-sex couples. The new case must move through the legal process just as the original case did because some of its facts are unique, the judge said. "I've got a couple of plaintiffs who have been waiting for 30 years to get married," one of the plaintiffs' attorneys, Daniel Canon, told Heyburn. "The court has already ruled on their constitutional rights in the matter. I don't think they should have to wait any longer." Heyburn responded: "I appreciate that people have waited a long time, but I think it's more important that the process be fair. We're talking about a matter of months." The Family Foundation of Kentucky attended Wednesday's hearing and said it will file a friend-of-the-court brief against the new plaintiffs, arguing that Kentucky should not issue marriage certificates to same-sex couples. "In 2004, the question was put before the Kentucky voters, who overwhelmingly approved the definition of traditional marriage between a man and a woman. Obviously that was a recent action by Kentucky voters and we intend to defend the expression of that sentiment," said Stan Cave, attorney for the Family Foundation. Read more here: http://www.kentucky.com/2014/02/26/3109686/judge-final-order-requiring-ky.html#storylink=cpy The pink triangle was used by the Nazis in concentration camps to identify and shame homosexuals. This symbol, which was used to label and shame, has been embraced by the gay community as a symbol of pride. However, in the 1930s & 1940s there was nothing celebratory about the pink triangle. Gays were forced to wear the pink triangle on their breast pockets in the concentration camps to identify them as homosexual to set them apart from other prisoners.
Triangles of various colors were used to identify each category of "undesirable": yellow for Jews, brown of Gypsies, red for political prisoners, green for criminals, black for anti-socials, purple for Jehovah's Witnesses, blue for immigrants, and pink for homosexuals. The pink triangles were slightly larger than the other colored triangles so that guards could identify them from a distance. It is said that those who wore the pink triangles were singled out by the guards to receive the harshest treatment, and when the guards were finished with them, some of the other inmates would harm them as well. At the end of the war, when the concentration camps were finally liberated, virtually all of the prisoners were released except those who wore the pink triangle. Many of those with a pink triangle on their pocket were put back in prison and their nightmare continued. One of the groups that was targeted for extermination by the Nazis continues to be under attack to this day, not just verbally but physically, all over the world: homosexuals. The fact that gays were put in German concentration camps is not known by many. The stories of the survivors reveal an unimaginable cruelty and suffering. It is the same kind of senseless, irrational hatred that still haunts Gays, Jews, Blacks, and other minorities today. The Taliban in Afghanistan required non-Muslims to wear identifying badges on their clothing, just as the Nazis required their "undesirables" to wear identifying logos so long ago. History repeats itself. The list of systematic, deliberate and well-orchestrated exterminations is a long one. The Armenian Genocide of 1915 - 1918 in the Ottoman Turkish Empire, the Holocaust, the Khmer Rouge in Cambodia, the ethnic cleansing of Bosnia and the Sudan, and numerous other genocidal campaigns are testament of the world's complacency. It seems the lessons of the Holocaust and the Pink Triangle have been lost on many. Because "those who forget history are doomed to repeat it" we continue to display the Pink Triangle atop Twin Peaks. It is important to keep alive the memory of the Holocaust victims and to remind everyone of the consequences of unchecked hatred. The Pink Triangle display is also intended as an instrument to initiate discourse about hate crimes. We want to help prevent others from experiencing the results of hatred that Matthew Shepard, Allen Schindler, Brandon Teena, and countless others have been subjected to. If we can help prevent additional crimes like those committed against them, we will have been successful in our attempt to inform the public. Lexington is a long-standing haven for the LGBT family in Kentucky. Downtown Lexington and the Martin Luther King District serve as the city's gay epicenter. Small but fierce seems the best way to describe the scene, headed up by the Bar Complex which houses three rooms in a former speak-easy space, and the newly renovated Pulse Nightlife. Top 40 dance music and drag shows are a staple in Lexington gay clubs
(Frankfort, Ky) -- More than 100 people packed into the Kentucky capitol building Wednesday calling on lawmakers to end discrimination based on sexual orientation.
Fairness ordinances are in place in several Kentucky cities, including Louisville, but supporters of House Bill 171 want to make it a statewide law. Frankfort's Mayor Bill May was joined by lawmakers, religious leaders and a former Audubon police sergeant recently fired, he says, for being openly gay. "I am a Kentuckian. I am a human rights activist. I am a person of faith and I support fairness!" Rev. Donzella Lee, with the Franklin-Simpson Human Rights Commission yelled to the crowd. Lee was one of a handful of advocates for the state's Fairness Now campaign, backed by HB 171, that would extend protections against the LGBT communities. "I think it's definitelty an issue. They're American citizens just like everybody else, so they should be given the same rights," Alyssa Klein, a Louisville resident said. But this group of Kentuckians say they continue to witness discrimination in the workforce as well as housing and other public services. "I grew up with a lesbian sister and so I know discrimination first hand. She suffered from bullying and not being accepted for who she was. That's why I'm here today, supporting her and all of my other gay friends," Shay Holman, from Bardstown said. Wednesday's rally came a day after hundreds of people merged at the capitol for a rally of Christian supporters standing firm on traditional American values. Right now, Rep. Tim Moore, a Republican from Elizabethtown, is urging the governor and attorney general to appeal a federal court judge's decision that overturned the state's majority, who voted against same-sex-marriage. "The people of Kentucky voted overwhelmingly on a constitutional amendment that would make sure we define marriage as between a man and a woman. One judge has sought to overturn the will of the commonwealth of Kentucky," Moore said. Aside from same-sex marriage, Moore says state laws already provide protection to people, fearing discrimination. "I think we have guaranteed equality all throughout our society. That's not only been a long standing tradition, but it's protected in law," Moore said. For supporters of the LGBT community, it's not enough. "Luckily, I've been blessed not to be discriminated based on my sexual orientation. I know discrimination, based on my race, of course. It doesn't matter if I've been through it or not. We need to be out there supporting everybody," David Dulin, a Louisville resident said. "I think there's no true freedom till we're all equal," Holman said. Proponents of the statewide Fairness Now await word from House Judiciary Chairman John Tilley on whether or not the measure will receive a hearing. A study just released by Columbia University’s Mailman School of Public Health finds that gay people living in communities entrenched with high levels of anti-gay bigotry, prejudice, and hate, are expected to die 12 years earlier than their peers living in more progressive and accepting environments.
“Shorter life expectancy of 12 years on average for LGB individuals in communities with high vs. low stigma,” a statement on the study reads. “Our findings indicate that sexual minorities living in communities with higher levels of prejudice die sooner than sexual minorities living in low-prejudice communities, and that these effects are independent of established risk factors for mortality, including household income, education, gender, ethnicity, and age, as well as the average income and education level of residents in the communities where the respondents lived,” the study’s lead author, Mark Hatzenbuehler, PhD, assistant professor of Sociomedical Sciences at Columbia, said in a statement. “In fact, our results for prejudice were comparable to life expectancy differences that have been observed between individuals with and without a high school education.” The study looked at data from 1988 to 2008. “In order to examine the relationship between prejudice and mortality, the researchers constructed a measure capturing the average level of anti-gay prejudice in the communities where LGB individuals lived… This information on sexual orientation and community-level prejudice was then linked longitudinally to mortality data via the National Death Index, through 2008. Thus, the authors were able to examine whether mortality risk differed for LGB individuals who lived in communities that were characterized by high versus low levels of prejudice. By the end of the study, 92% of LGB respondents living in low-prejudice communities were still alive; in contrast, only 78% of the LGB respondents living in high-prejudice communities were still alive.” [Bolding ours] According to its website, Columbia University’s Mailman School of Public Health is:
Ironically, conservatives for decades have been touting faux-scientific claims that gay people die decades earlier than heterosexuals. Most recently, RNC Committeeman Dave Agema of Michigan has been criticized for pushing a website that has published preposterous lies, like the “median age of death of homosexuals is 42 (only 9% live past age 65).” It also calls gay people “filthy.” Are the anti-gay hate groups and those pushing anti-gay bigotry responsible for creating an environment that is literally killing LGB people? Possibly, since this study seems to say, “yes.” Kentucky Fairness Campaign's Fairness Rally and Lobby Day
When Wed, February 19, 8:30am – 3:00pm Where Kentucky State Capitol Building, Capitol Avenue Loop, Frankfort, KY, United States (map) Description Kentucky State Capital | 700 Capital Ave. | Frankfort, KY 40601 8:30 a.m. Lobby Training, Capitol Annex Room 111 1:30 p.m. Rally, Capitol Rotunda Please join HRC in supporting Kentucky Fairness Campaign's Fairness Rally and Lobby Day February 19. Hundreds of fair-minded Kentuckians will travel to Frankfort for a Fairness Rally and day of lobbying to help create positive change in their state's laws protecting LGBT people. As the 2014 General Assembly session begins, you can still be fired in Kentucky for being lesbian, gay, bisexual or transgender. Come to Frankfort on February 19 to make sure your voice is heard! Prepare for the lobby day by calling (800) 372-7181 to schedule a meeting with your state Senator and Representative for February 19 to support statewide LGBT Fairness (the operator will help you). Once you've scheduled, contact Fairness at (502) 893-0788 or [email protected] to let us know the time and representative's name. Wear your "Another Kentuckian for Fairness" t-shirt or royal blue to show your support! Fairness Campaign will bring free shirts the day of the rally. 83% of Kentuckians support fairness! LGBT Discussion GroupWhen Wed, February 19, 7pm – 9pm Where GLSO Pride Center (map) Description Open forum Discussion Group for anyone and everyone! Come with an open mind and ready to discussion a variety of topics. LOUISVILLE, Ky. (WHAS11) – It’s another big legal move for marriage equality in Kentucky.
by Claudia Coffey/AP WHAS11.com Posted on February 14, 2014 at 5:44 PM Updated today at 6:01 PM Attorneys are asking for a federal judge in Louisville to allow two additional couples to join a recent lawsuit so they can get married in the Commonwealth. This comes after that judge ruled Kentucky has to recognize same-sex marriages performed in other states. "We just want to take time to get married and be productive citizens," Larry Ysunza, the plaintiff, said. Larry Ysunza, along with three others is asking Judge John Heyburn to join a lawsuit that has already broke marriage equality barriers. On Wednesday Judge Heyburn issued an opinion that strikes down part of Kentucky's same-sex marriage ban. Essentially he says that same-sex marriages performed in other states must be recognized in Kentucky. Ysunza and l tried to get a marriage license on Wednesday, Feb. 12, but were turned away. Friday's legal action could change that. "We have asked the judge to intervene with the hopes that ultimately the order will force the state to not only acknowledge the valid out of state marriages but direct the county clerks across the state to start issuing marriage licenses to same-sex couple that apply," Attorney Laura Landenwich said. The Kentucky opinion on marriage quality has opened the flood gates on bans in other states. In Indiana the Senate decision on Thursday, Feb. 13, effectively ended the chances that an amendment will be put to voters before 2016. Indiana law requires proposed constitutional amendments to pass consecutive sessions of the Legislature in the same form twice before going to voters. "We see there is a trend in the overall United States constitution in granting more rights and not restricting more rights." Chris Hartman, with the Fairness Campaign, said. The Kentucky Baptist Convention has said it’s disappointed with this week’s developments. "Look at things from a biblical world view, a marriage between a man and a woman and the 2004 amendment is consistent with the biblical view," Curtis Woods, with the Kentucky Baptist Convention, said. ***From yesterday***** Posted on February 13, 2014 at 11:42 PM Updated today at 5:18 AM LOUISVILLE, Ky. (WHAS11) -- A same-sex couple was denied a marriage license Thursday and now they plan to take legal action against Kentucky. Timothy Love and Larry Yzunza live in Kentucky and have been together for 33 years. They went to the Jefferson County Clerk’s office to request a marriage license. The employee responded to their request by saying, “under Kentucky law, we do not issue marriage licenses to same-sex couples.” Love and Yzunza said that all changed as of Wednesday after U.S. District Court Judge John Heyburn issued his opinion requiring Kentucky to honor same-sex marriage licenses given in states that allow gay marriage. His basis was previous cases, which claim same-sex marriage is protected by the U.S. Constitution’s 14th Amendment. “We feel like it’s time to move forward,” said Timothy Love. “If marriages in other states have to be recognized in Kentucky, then why can’t people just get married here? And have same-sex marriage here.” Three of their lawyers came with them to the clerk’s office, and the couple plans to take legal action to make gay marriage legal across the Commonwealth. "We want to be treated as equals,” said Love. “We love Kentucky. We want to stay here." A license would also make it easier to deal with hospitalizations and finances. "A legal document would validate what we have,” said Larry Yzunza. Breaking: Kentucky Ban On Out-Of-State Same-Sex Marriages Ruled Unconstitutional by David Badash on February 12, 2014 A federal judge has just ruled that Kentucky’s ban on recognizing valid same-sex marriages from other states is unconstitutional. U.S. District Court Judge John G. Heyburn II ruled the ban violates Constitution’s guarantee of equal protection, under the 14th Amendment. Similar arguments have recently struck down marriage bans in Utah and Oklahoma, and a Texas judge today will decide a case argued under the same argument.
“Ruling in a suit brought by four gay and lesbian couples, Heyburn said that while ‘religious beliefs … are vital to the fabric of society … assigning a religious or traditional rationale for a law does not make it constitutional when that law discriminates against a class of people without other reasons,’” the Courier-Journal reports. Heyburn said “it is clear that Kentucky’s laws treat gay and lesbian persons differently in a way that demeans them.” Heyburn also rejected the arguments of the Family Foundation of Kentucky — that recognizing same-sex marriages would undermine the fundamental role of marriage in ensuring procreation. Heyburn said there is no requirement that opposite-sex couples agree to procreate to get married. He also said “no one has offered any evidence that recognizing same-sex marriages will harm opposite-sex marriages.” The ruling strikes down a portion of Kentucky’s constitutional amendment banning same-sex marriage but does not require the state to begin issuing licenses to same-sex couples. If we're ever going to make it illegal in Kentucky to fire someone from their job just for being LGBT, you MUST come lobby and rally in Frankfort!
SUPPORT HOUSE BILL 171 6:30 & 7:00 a.m.: Carpools, Fairness Campaign, 2263 Frankfort Ave., 40206 7:30 a.m.: Faith Leaders for Fairness Breakfast (optional), Capitol Cafeteria 8:30 a.m.: Lobby Training, Capitol Annex Room 111 1:30 p.m.: Rally, Capitol Rotunda REGIONAL CARPOOLS Berea-7:00 a.m. Union Church Parking Lot, 200 Prospect St. Campbellsville-6:00 a.m. St. Thomas Episcopal Church, 116 S. Columbia Ave. Elizabethtown-6:00 a.m. Central KY Pride Center, 119 Brooks St. Frankfort-7:30 a.m. Corner of Campbell & Capital Ave. Lexington-7:00 a.m. 3rd Street Stuff, 257 N. Limestone Louisville-6:30 & 7:00 a.m. Fairness Campaign, 2263 Frankfort Ave. Northern KY-6:15 a.m. Location TBA Shelbyville-7:00 a.m. Cracker Barrel Parking Lot, 1565 Mt. Eden Rd. PREPARE by calling 800.372.7181 to schedule a meeting with your state Senator and Representative Feb. 19 to support statewide LGBT Fairness (the operator will help you). Once you've scheduled, contact Fairness at 502.893.0788 or [email protected] to let us know the time and representative's name. Wear your "Another Kentuckian for Fairness" t-shirt or royal blue to show your support! We'll bring free shirts the day of the rally. For more info contact (502) 893-0788 or [email protected]. 83% OF KENTUCKIANS SUPPORT FAIRNESS! www.FairnessCoalition.org for statewide survey results. Members of the Fairness Coalition include: ACLU-KY, Fairness Campaign, Kentucky Commission on Human Rights, & Lexington Fairness. RALEIGH, N.C. — Former “American Idol” and “Celebrity Apprentice” runner-up Clay Aiken joined another high-profile contest Wednesday – this one to get elected to the U.S. Congress in his native North Carolina. Aiken announced he would seek the Democratic nomination for the 2nd Congressional District seat currently held by Republican Rep. Renee Ellmers. Clay Aiken The entertainer is talking about his non-singing career as a special education teacher, UNICEF representative and presidential commission member on education while explaining his reason for getting in the race. In each situation, “I saw a group of people, a population that was not being served,” Aiken told The Associated Press in an interview. In a video unveiling his bid, Aiken referred to his “golden ticket” – finishing as the runner-up to Ruben Studdard in TV’s 2003 “Idol” competition, which has led to several albums and a role in a Broadway musical. But he said he empathizes with those struggling in the 2nd District where he lives, referring to his upbringing by a mother who fled domestic violence. “For most Americans, there are no golden tickets – at least not like the kind you see on TV,” he says to the camera. “More families are struggling today than at any time in our history, and here in North Carolina, we’ve suffered more than our share of pain.” Aiken, 35, is expected to face former state Commerce Secretary Keith Crisco of Asheboro and licensed professional counselor Toni Morris of Fayetteville in the Democratic primary in May. Another Democratic hopeful – Houston Barnes of Durham – gave up his bid Wednesday and threw his weight to Aiken. Official candidate filing begins next week. Aiken said that he considers Washington dysfunctional and that he would focus on jobs, the economy and education. He said the federal health care law needs to be changed but shouldn’t be repealed. He supports abortion rights and considers his political philosophy in the broad middle between political extremes – he said he was once a registered independent voter. “I’m not a politician. I don’t ever want to be one,” he says in the video. “But I do want to help bring back – at least to my corner of North Carolina – the idea that someone can go to Washington to represent all the people, whether they voted for you or not.” Watch: Winning in the 2nd District will be a challenge. Political experts consider the district, which covers all or parts of nine counties west and southwest of his native Raleigh, Republican-leaning. Mitt Romney won 58 percent of the vote in the district in 2012, according to a North Carolina Chamber analysis. Ellmers, a two-term congresswoman, faces her own primary challenge from radio talk show host Frank Roche of Cary, and she has been criticized by tea party forces who helped her get elected as not conservative enough. Aiken said he examined the district’s makeup for more than a year and has assemble d a veteran Democratic political team. Aiken announced in 2008 that he is gay. He has a 5-year-old son conceived through in-vitro fertilization with a female friend. He said in the AP interview that he doesn’t believe his sexual orientation will play a role in whether or not people vote for him: “There are dozens of issues that are important to the people living in the district, and that is not one of them.” Advertisement John Davis, a longtime political researcher in North Carolina, said Aiken stands a decent chance to win the primary, but the district boundaries drawn by Republicans will make it difficult for any Democrat to win in November. Davis said Aiken’s sexual orientation will matter to some voters. “It’s not going to be an issue that people are going to talk openly about,” Davis said. Aiken criticized Ellmers in the video for what he called repeated votes to cut military spending – the campaign said later the votes were related to automatic spending reductions – and for the government shutdown. The district includes Fort Bragg. The district includes Fort Bragg. An Ellmers campaign spokeswoman didn’t respond immediately to an email request for comment Wednesday morning. Unsung Victories: Maryland, Kentucky, Louisiana and West Virginia
The Kentucky Bourbon Bears is a NEW social organization whose purpose is to provide a brotherhood, a place of acceptance and a network for gay and bi-sexual men who identify themselves as "Bears", bear admirers and friends of bears through planned social gatherings and philanthropic activities to benefit the gay and lesbian communities.
Come celebrate a “Roman Bear Holiday” this February with the Kentucky Bourbon Bears – at our 3rd annual North American Bear Weekend, taking place in Lexington, KY on February 20th – 23rd, 2014! Below are just a few improvements we have made to the itinerary to ensure this year’s event will best one yet!The 3rd annual North American Bear Weekend will take place in Lexington, KY on February 20th – 23rd, 2014. The event will be packed full of pool parties, dance parties, food, booze, entertainment, and much more! Below are just a few improvements we have made to the itinerary to ensure this year’s event will be the best one yet! Register for NAB 2014 here: http://mrnabear.com/about/ The Kentucky Bourbon Bears have a busy couple weeks ahead as we prepare for our final push to get "the local" registered for North American Bear Weekend! All members are encouraged to attend as many of the KBB Bar Invasions as possible to help sell jello shots & raffle tickets, and promote the event.
----------------------------------------- Friday, February 7th at 10:00pm. KBB Invades Chill Bar in Louisville, KY Saturday, February 8th at 9:00pm. KBB Monthly meeting at Crossings. Saturday, February 8th at 10:00pm. KBB Night at Crossings Lexington Saturday, February 15th at 9:00pm KBB Invades Boots in Louisville, KY Sunday, February 16th at 5:00pm NAB Volunteer Orientation (at hotel) Tuesday, February 18th at 6:00pm Event Bag Stuffing Party at My House! My Declaration of Candidacy for the Maryland State Senate I am announcing my next campaign for the betterment of my community in Montgomery County. We are ready for progress. For too long, hardworking Marylanders have waited for economic fairness and equal opportunity. We have asked our elected officials to help bring better jobs to our neighborhoods, build stronger schools for our children, fix our roads and infrastructure and make quality health care an affordable reality. We are ready to move forward, and that's why I'm declaring my candidacy for the Maryland Senate. I am a retired surgeon, a mother of two and a progressive activist. I've spent my entire life fighting for social justice and equal opportunity in our community and around the globe. I'm proud of my track record of success on progressive issues, and now I'm seeking the opportunity to serve you in public office. Having grown a small business, I know firsthand what it takes to create quality jobs. I am determined to level the playing field for our families, starting with raising the minimum wage -- a critical step in rebuilding our middle class and giving working people a chance to support themselves. I'll help grow our economy by expanding loans and tax credits for small businesses, repairing and modernizing our infrastructure and working to eliminate corporate tax loopholes. As a mother, I want to make sure Montgomery County schools are preparing our students for success. But right now, our classrooms are overcrowded, and our children are underserved. There's no excuse for not taking better care of our students. I'll fight for Montgomery County's fair share of tax dollars for education and ramp up new school construction to build a brighter future for our children. As a doctor, I know our health care system needs to be fixed. Obamacare was a start, but we need to do more to get costs under control and get more people covered. We need a public option so that all Marylanders have access to quality, affordable care. And it's long past time to kick politicians out of the exam room and make sure women's health care decisions stay between patients and their doctors. Politics is the "art of the possible." The possible only becomes probable -- and then actual -- when people care, are willing to step forward and change the conversation, take risks and reach out to each other and build the better world of which we all dream. I ask for your support and your vote, and in return I promise to be the progressive champion Montgomery County sorely needs. I promise to represent you as you deserve to be represented. Together, we can make Montgomery County and Maryland better as we lead the way to a more progressive America. Dana is a retired eye surgeon who was a candidate for State Delegate in Maryland in 2006 and 2010. She is currently board chair of Freedom to Work, and Executive Director of Gender Rights Maryland, after having served a term as a senior adviser on the Montgomery County Council. She recently served on the Rules Committee of the national Democratic Party.
Dana has been an advocate on health issues ranging from the effects of DES and endocrine disruptors on human sexuality and reproduction, and worked the first countywide ban of artificial trans fats in the U.S. Dana has been VP of Equality Maryland, EVP of Maryland NOW, an HRC Governor and board member of the National Center for Transgender Equality (NCTE). She currently serves on the board of Keshet, the national Jewish LGBT organization, and Progressive Neighbors, Montgomery County's leading progressive political organization. In 2009 she helped organize and co-authored The Dallas Principles. She led the coalitions that passed the Baltimore, Howard and Montgomery County gender identity anti-discrimination laws, and defended the Montgomery County law against national right-wing forces in 2008. She was the trans representative at the Washington Psychiatric Society that wrote the Gender Dysphoria text for the DSM5. She is the first out trans graduate of the Senior Executive Program in State and Local Government at Harvard University’s Kennedy School of Government. How A Ruling On Gay Jurors Could Have A Huge Effect On The Gay Rights Movement In the next few weeks, AbbVie, a pharmaceutical company that produces an important AIDS drug, will make a decision that could have a far-reaching effect on gays, lesbians, bisexuals and transgender people, and not just those with HIV. If the company appeals a recent court ruling and wins, it will come as a blow to those who hope to see states around the country topple the remaining barriers both to same-sex marriage and to laws that protect gay people from discrimination. The case did not initially concern gay rights at all, but was instead a fight between two pharmaceutical giants. In 2007, a drug company called SmithKline Beecham Corp. sued a rival drug producer, Abbott Laboratories. Abbott, which later spun off its drug research activities into a new company, AbbVie, had quintupled the price of its popular AIDS drug, a move that ended up hurting SmithKline's bottom line. Predictably, Abbott's decision to raise the price of its drug sparked anger and protest from AIDS activists. Still, the case may have never come to the attention of the broader gay rights community if not for an attempt by Abbott to tilt the jury's makeup in its favor: In 2011, a lawyer for Abbott dismissed a potential juror who had revealed he was gay and had friends with HIV. SmithKline argued that the removal was discriminatory, and last week the U.S. 9th Circuit Court of Appeals agreed. In the unanimous ruling, a three-judge panel called the exclusion of gay jurors unconstitutional. The reach of this ruling goes beyond gay jurors, however, because it touches on one of the most significant legal questions concerning gay rights today: Should laws related to sexual orientation be subject to "heightened scrutiny"? Over the last several decades, the Supreme Court has developed a three-tiered system for classifying alleged violations of the Equal Protection Clause of the 14th Amendment, which says that states can't deny people equal protection of the laws. When the Court classifies a case as deserving of "heightened scrutiny," it falls to the state to prove that its laws serve an important state interest. Until recently, the court has reserved this level of scrutiny for cases involving race and gender. But that’s changing. In Nevada, the 9th Circuit Court of Appeals is currently reviewing a lawsuit that aims to strike down the state's same-sex marriage ban. And it's not looking good for opponents of same-sex marriage, thanks to the court's recent decision in the Abbott case. As Nevada Attorney General Catherine Cortez Masto acknowledged in a statement last week, the state's earlier arguments for banning same-sex marriage may not hold up in a court that applies heightened scrutiny and requires the state to justify its laws. "After careful review," Masto's statement read, "these arguments are likely no longer tenable." The state has not yet indicated whether it plans to pull out of the case entirely and refuse to defend the law, as the Obama administration did last year when the Supreme Court was considering the constitutionality of the Defense of Marriage Act. But this week, Alan Glover, an official in Carson City who was named in the lawsuit for denying the plaintiffs a marriage license, appears to have done just that. "We don't feel that we have a legal argument to meet the heightened scrutiny," Neil Rombardo, the District Attorney for Carson City, told The Huffington Post. Similar marriage lawsuits are underway in Oregon, Idaho and Arizona, all of which fall under the 9th Circuit's domain, and gay rights advocates are closely watching these cases too. But the battle over heightened scrutiny is far from settled. AbbVie has until the beginning of March to announce whether or not it will appeal the ruling in its case. If it does, it would be asking the 9th Court not only to rule that it is acceptable to exclude gay citizens from jury service, but also to make it more difficult to challenge anti-gay laws. "If such an anti-gay assault by Abbott were successful, the drive for LGBT equality will still proceed, but Abbott would have made it a much more steep hill to climb," said Jon Davidson, the legal director at Lambda Legal, a gay rights advocacy group handling the case against Nevada's gay marriage ban. AbbVie declined to comment on whether it would take these issues into account when making its decision about appealing the ruling. "We are reviewing the opinion and evaluating our options," said Adelle M. Infante, a representative for the company. AIDS activists have long protested AbbVie for raising the prices of its immunodeficiency drugs, but if the company seeks an appeal there may be a stronger and more widespread blowback from the LGBT community. Brian Moulton, the head of the legal team of the gay rights group Human Rights Campaign, said he was keeping a close eye on AbbVie’s actions. Each year, HRC puts together a widely read index that ranks companies on LGBT issues. "One of the criteria in that rating system is whether or not a company takes a position in litigation that's adverse to the LGBT community," Moulton said. If AbbVie does appeal, and succeeds, Moulton says, "it would be tremendously problematic." |