California marriage equality arguments heard before the California Supreme Court

San Francisco – Today Shannon Minter, legal director of the National Center for Lesbian Rights, and Therese Stewart with the City of San Francisco argued passionately before the California Supreme Court in favor of same-sex marriage.

“It is a great privilege to be a part of this historic moment for our state and the tens of thousands of same-sex couples who deserve the same fundamental right to marry that most Californians take for granted,” said Minter in a NCLR statement today. “We are hopeful that the California Supreme Court will affirm that lesbian and gay couples are entitled to celebrate their relationships through marriage.”

Minter and Stewart made the case that domestic partnership isn’t equal to marriage and doesn’t uphold California’s Constitutional mandate for equality.

The marriage cases were filed in March, 2004. San Francisco Superior Court Judge Richard A. Kramer ruled that the exclusion of same-sex couples from marriage violates the California Constitution. In a 2-1 vote, the California Court of Appeal reversed Judge Kramer’s ruling. Shortly after the Court of Appeal’s decision, the California Supreme Court granted review of the cases in order to consider the constitutional questions itself.

Counsel representing California Attorney General Jerry Brown and California Governor Arnold Schwarzenegger argued on behalf of domestic partnerships providing equal rights to that of marriage as well as leaving the definition of “marriage” up to the California legislature.

Assemblyman Mark Leno (D-San Francisco) the lead author of legislation to bring marriage equality to LGBT Californians that was passed twice by the California legislature, but was vetoed both times by California Governor Arnold Schwarzenegger said in a statement today that he is “hopeful” that the California Supreme Court will “reaffirm its position from 1948. That year was when it “historically ended its ban on interracial marriage, saying that, ‘marriage is a fundamental right of free men... any legislation infringing such rights must be based upon more than prejudice and must be free from oppressive discrimination to comply with the constitutional requirements of due process and equal protection of the laws.’

“I hope the Supreme Court does the same,” said Leno hoping the California Supreme Court will follow the legislature’s lead. “Their decision in this historic case will no doubt have implications on thousands of same sex couples and their families as well as our society for years to come.”

Del Martin and her partner Phyllis Lyon, the first couple to be married at San Francisco City Hall during the “Winter of Love” and who are petitioners in the case, are hopeful that the court will clear the way for them to get married.

“During our 55 years together, we have witnessed enormous changes in California law concerning lesbian and gay people,” said Martin. “At one time, the law treated us as complete outsiders. Today, the law recognizes our existence, but it does not yet recognize our full humanity and equality. We have loved one another faithfully for more than five decades. We wish to marry before either one of us dies.”

Minter and Stewart were assisted by a team of lawyers from the American Civil Liberties Union, Lambda Legal, Heller Ehrman, LLC and the Law Office of David Codell and the other attorneys representing the LGBT community.

2008 marks the 60th anniversary of the California Supreme Court’s historic 1948 ruling that found it unconstitutional for the state to restrict access to marriage based on the race of the spouses. That ruling was the first of its kind in the nation’s history, and is now the law of the land across the country. The California NAACP, NAACP Legal Defense & Education Fund, Inc., and Howard Law School Civil Rights Clinic have urged the court to apply the reasoning from its 1948 decision to the present marriage cases.

“California sets the course for the rest of the country,” said Jenny Pizer, Senior Counsel for Lambda Legal. “With its landmark 1948 decision Perez v. Sharp, this was the first state supreme court to overturn a law banning interracial marriages. Less than 20 years later, the U.S. Supreme Court followed suit. The rest of the country and, in fact, the world, are watching what happens here today.”

The marriage cases are among the most heavily briefed cases in the history of the California Supreme Court. More than 20 counties and municipalities filed a friend-of-the court brief in support of marriage for same-sex couples, including some of the most populous cities in California: Los Angeles, San Diego, San Jose, Long Beach, Sacramento, and Oakland. In addition, more than 250 religious and civil rights leaders and organizations, including the California NAACP, Mexican American Legal Defense and Educational Fund, California Council of Churches, Asian Pacific American Legal Center, and National Black Justice Coalition, filed briefs supporting same-sex couples seeking the right to marry. Numerous legal and bar associations, including the Los Angeles County Bar Association, also registered their support, as well as many of the state’s leading constitutional law scholars and family law professors.LGBT Californian’s will know one way or the other The California Supreme Court typically issues its decisions within 90 days following oral arguments.

Catch today’s oral arguments of the In Re Marriage case before the California Supreme Court at www.calchannel.com.

This month I covered a variety of issues from eating well to building families to aging well and finally, but not least the thing we all need to in order to live, money.

I hope you enjoy the following articles!

ON Magazine
“Get Your Eating Habits In-line Online” on pages 10 – 11.
For several years Carey Craig worked with a personal trainer to improve his health and lose weight, but instead of losing weight he went from roughly 190 pounds to an estimated 217 pounds. Craig, a special events and meeting planner who dabbles in real estate investing, didn’t understand. He was gaining more muscle but he was also gaining more fat. Finally, Craig’s trainer suggested that he see a nutritionist…

“Creating families in the 21st century” on pages 16 – 17.
Today’s gay couples are increasingly enjoying the American dream of a lavender house wrapped in a white picket fence and two biological kids bouncing around inside their eco-friendly SUV…

Oakland Magazine
“Old and Gay”
Before Armistead Maupin’s famed Tales of the City became a book and then a serialized movie, Oakland resident Cheryl Berger, a self-described avid reader, would open the San Francisco Chronicle and read Maupin’s stories about the residents at 28 Barbary Lane…

TheGlassHammer.com
“Voice of Experience: Suze Orman, Personal Finance Guru”
As many of you loyal Glass Hammer readers know, we love the practical and down-to-earth financial advice for women offered by personal finance guru Suze Orman. In a recent interview with a Glass Hammer contributor, Orman explained that she didn’t buy into gender differences regarding how men and women think about and handle their money until five years into her Emmy Award-winning financial show, The Suze Orman Show, on CNBC. After listening to five years of callers’ questions and observing her own friends’ relationships with money, she began examining the differences in how women and men handle money…

Judge upholds religious schools rights to expel alleged teen lesbians

San Francisco – A Riverside County judge found no legal basis for a lawsuit against a Christian school brought on the behalf of two girls who were kicked out of school for an alleged lesbian relationship.

Judge Gloria Trask found the girls' discrimination lawsuit had no legal basis under California's anti-discrimination laws January 11, reported the San Diego Union Tribune and the San Jose Mercury News January 19.

The attorneys for the two unnamed girls attempted to apply California’s anti-discrimination sexual orientation laws in business settings to the religious school, but Trask disagreed with them, reported the local the Tribune.

John McKay, attorney for the California Lutheran High School in Wildomar, “applauded the decision, and said the religious school has a right to expel sinners.”

“You can't infringe upon the basic rights of a religious group and their right of association by forcing them to accept people who don't believe in their values,” McKay told the Tribune.

The girls and their parents sued the California Lutheran High School in Wildomar after their 2005 expulsion when the school suspected the then 11th-graders were having a relationship, reported the Mercury.

The school’s code of conduct, according to the Mercury, that “students can be removed for behavior that contradicts ‘Christian values.’"

“We are confidant that things will continue to proceed according to the Lord's plan,” said, Steve Rosenbaum, the school’s principal, who told the Tribune “he was pleased with the ruling.”

The girls’ attorneys couldn’t be reached for comment, reported the Tribune. McKay told the paper that he expects them to appeal the decision to an appellate court.

Under the California constitution, reported the paper, the ruling in Superior Court does not settle the same issue in other courtrooms, but an appeals court ruling would apply across the appellate court's jurisdiction area and would influence cases all across the state.

What do you think? Do you think the school is providing a public service or because it's private has the right to accept or deny any paying parent or student they want to? Or, should the girl's appeal now that the anti-discrimination code that includes sexual orientation and gender is in the educational code?

And the nominees for SF Pride 2008 will be…

Up to LGBT community members who will be e-mailing or mailing in their choices for grand marshal nominees for individuals, organizations, and the notorious “Pink Brick,” which is awarded to an individual who has harmed the LGBT community, to the the

San Francisco LGBT Pride Celebration Committtee Inc.

Nominations are due by January 31. Public voting will take place around San Francsico in March.

Nominations must include the full name of the individual or organization being nominated, contact information (phone and e-mail address), a photo (if available), and a brief explainition of the reason the person is being nominated.

For more information, visit www.sfpride.org.

Photo courtesy of San Francisco LGBT Pride Celebration Committee Inc.

SF HRC seeks

LGBT community activists

The LGBT Advisory Committee of the Human Rights Commission announced earlier this week that it is accepting applications to serve on the active committee.

The deadline for applications is Thursday, January 24, 2008, 5:00 p.m.

LGBT Individuals who are San Francisco residents and community activists are encouraged to apply for the LGBTAC.

One of four standing HRC committees, the LGBTAC identifies and addresses the issues and concerns of San Francisco’s LGBT and HIV-affected communities and advises the Commission on the communities’ issues and needs. LGBTAC meets on the third Tuesday of every month.
The LGBTAC is seeking an estimated 10 new members, said Commissioner Cecilia Chung, who is LGBTAC co-chair along with Mark Dunlop.

“There is a lot of room for growth and for the community to provide leadership and vision on issues that affect the larger community, as well as communities that are less visible,” said Chung. Chug, who was appointed to the commission by Mayor Gavin Newsom in 2004 and was elected vice chair by the commission September 2006, pointed out that historically ordinances such as: the equal benefits, the domestic partnership, and the transgender protection all began as discussions on the LGBTAC.

Community activists knowledgeable and skilled in such areas as racism, AIDS/HIV, anti-violence, civil rights, class, disability, diversity, education, gender, intersex, health, women’s, senior and youth issues are encouraged to apply. Chung emphasized that the committee is looking for individuals from the transgender and bisexual communities, people of color, youth, seniors, women, and immigrant. She added that LGBT allies who don’t identify as queer are also encouraged to apply. Individuals interested in applying should submit an application along with a letter of intent detailing reasons why they want to serve on the LGBTAC, community involvement, areas of expertise, and other qualities they could bring to the LGBTAC.

Applicants must be able to make a firm commitment to attend LGBTAC meetings at 5:30 p.m. and to spend time on special projects.

LGBTAC has worked on a variety of issues in the LGBT community including: racism, immigration and asylum, issues in the Native American community, transgender and intersex issues within the LGBT community, and outreach activities.

LGBTAC will continue its work examining and strengthening LGBT human rights policies in San Francisco, in particular for communities of color and racism in the coming year.

“We are looking forward to the coming year,” said Chung, in a January 7 news release, “in which the LGBT Advisory Committee will provide a monthly forum for gathering information and discussing the challenges facing LGBT people of color.”

Applications and letters of interest should be mailed, faxed, or e-mailed to Larry Brinkin, SF Human Rights Commission, 25 Van Ness Ave., Suite 800, San Francisco, CA 94102-6033; fax (415) 431-5764, or e-mail: larry.brinkin@sfgov.org.

For more information, visit LAGBTAC or e-mail Larry Brinkin at larry.brinkin@sfgov.org.

American Legacy Foundation Accepting Applications

for Dr. Alma S. Adams Scholarship

Deadline: April 15, 2008

The American Legacy Foundation ( http://www.americanlegacy.org/ ) is now accepting applications for the Dr. Alma S. Adams Scholar- ship for Outreach and Health Communications to reduce tobacco use among what the foundation calls "Priority Populations." Priority populations are those populations which are disproportionately targeted by the tobacco industry, or which often lack the tools and resources to combat smoking in their communities. Identified priority populations are Native Americans/Alaska Natives, Hispanics, African Americans, Asian/Pacific Islanders, Low SES, and Lesbian, Gay, Bisexual, and Transgender communities.

The Adams scholarship will award a total of $10,000 annually for up to two candidates to pursue undergraduate or graduate studies at an accredited institution of higher education in the United States. The scholarship will be awarded to individuals who have demonstrated a commitment to community service or used the visual arts or media to convey culturally appropriate health messages on behalf of a disadvantaged population.

The informational brochure and application are available at the Legacy Web site.

RFP Link:
http://fconline.foundationcenter.org/pnd/10010538/americanlegacy

For additional RFPs in Substance Abuse, visit: http://foundationcenter.org/pnd/rfp/cat_substance_abuse.jhtml

Scholarships Available for GLBT Youth

The 2008 LEAGUE Foundation scholarship program is now receiving student applications until April 30, 2008. Since 1996, LEAGUE Foundation has continued to grow in its mission of providing financial resources for America´s Gay, Lesbian, Bisexual, Transgender youth to attend institutions of higher learning. Now in its 12th year the LEAGUE Foundation has awarded its 64 scholarships and applications have been received from students from all 50 states. Financial support has been received from corporations, individuals, and other GLBT organizations.

Applicants should graduate high school in 2008; identify themselves as Lesbian, Gay, Bisexual, or Transgender; have achieved a cumulative grade point average of at least 3.0 on a 4.0 scale; are actively and substantially involved in community service; live in the United States; and have been accepted to attend an accredited college or university in the United States.

Scholarships currently open for applications are:

• Matthew Shepard Memorial Scholarship
• Laurel Hester Memorial Scholarship
• LEAGUE Foundation Scholarship

Additionally LEAGUE Foundation has developed a new and improved user friendly website: www.LEAGUEFoundation.org

Information on the site includes: background, history, scholarship descriptions, previous winners, student resources, scholarship application, donation information, and news articles.

Contributions or questions can be directed to LEAGUE Foundation, c/o Charles Eader, 1 AT&T Way, Room 4B214J, Bedminster, New Jersey 07921.

http://www.biresource.org/index.php?p=748

Check out January's ON Magazine and start 2008 off right.

This month I took a hard look at our health and well being in “AIDS isn’t the only disease killing gay men” on pages 16 – 17 and “Wake up call for lesbian and bisexual women” on pages 18 – 19 that I wrote.

Extra, extra! It's hot off the presses!

This week in the Bay Area Reporter I covered a gay man’s hit and run death: “Suspect charged in hit and run death”; I covered the National Gay and Lesbian Task Force’s name chagne: “Mixed reaction to NGLTF's name change”; I profiled Dana Rivers: “Trans teacher changing lives in SF jail”; and I round up new LGBT-friendly laws: “2008 ushers in new laws.”

For more news and entertainment visit the Bay Area Reporter online or pick up an issue at your local independent or queer bookstore.

This week's Bay Area Reporter is on newstands!

This week in the Bay Area Reporter I follow up on San Francisco’s LGBT senior housing changes: “Openhouse housing plan changes”; I profiled a gay San Francisco district attorney administrator: “DA taps gay man to admin post”; and I followed up with Horizon Foundation’s 2007 awardees: “Horizons awards grants and honors donors.”

For more news and entertainment visit the Bay Area Reporter online or pick up an issue at your local independent or queer bookstore.

This week's Bay Area Reporter is on newstands!

This week in the Bay Area Reporter I reported on San Francisco Bay Area LGBT’s giving to queer organizations: “Only 2 percent of area gays give to LGBT groups”; I followed upon 55 Laguna development plans: “Vote delayed on UC Extension project”; and I followed up with the marriage equality battle: “LGBTs need to step up in marriage fight.”

For more news and entertainment visit the Bay Area Reporter online or pick up an issue at your local independent or queer bookstore.

Check out the December issue of ON Magazine for my profile of the National Center for Lesbian Rights executive director Kate Kendell: “Passion for Justice, Passion for Justice page 2” and BABN’s 20th anniversary celebration: “BABN 20 years of community service”.

This week's Bay Area Reporter is on newstands!

This week in the Bay Area Reporter I reported on San Francisco’s newly approved ID cards: “SF ID cards to help TGs”; I profiled the new director for the LGBT Alliance of the JCF: “New LGBT Alliance director for JCF”; and I reported on the radical right’s legal attack on SB777: “State sued over student law.”

For more news and entertainment visit the Bay Area Reporter online or pick up an issue at your local independent or queer bookstore.

This week's Bay Area Reporter is on newstands!

This week in the Bay Area Reporter I reported on the Department of Homeland Securities proposed travel rules for HIV-positive travelers: “New rules for HIV+ travelers raise questions”; I reported on Latino families and LGBTQ Latino youth advocates response to Mental Health America’s study: “Changing Latino families wade into gay issues” (companion article to last week’s “Latino survey draws support and criticism”); and I announced Bay Area events for World AIDS Day 2007: “Bay Area events mark World AIDS Day.”

For more news and entertainment visit the Bay Area Reporter online or pick up an issue at your local independent or queer bookstore.

San Diego Mayor signed resolution

to support marriage equality

To read my officemate’s, Matthew Bajko’s, breaking news story, click on “San Diego mayor backs same-sex marriage.”

To watch the broadcast of the press conference, click on “Raw Video: San Diego Mayor Supports Gay Marriage.”