Lambda Legal

  • April 25, 2013

    by Jeremy Leaming

    Once again lawmakers in Congress have introduced legislation intended to advance equality for LGBT people, this time with a few more Republicans on board and in an atmosphere of heightened public support.

    The Employment Non-Discrimination Act (ENDA) would prohibit employers from discriminating against people based on their sexual orientation or gender identity. As noted earlier this week, other variations of ENDA have languished in past congressional sessions. But the effort – to outlaw employment discrimination of LGBT people – is integral to advancing equality. The U.S. Supreme Court is considering cases involving marriage equality and nine states and the District of Columbia recognize same-sex marriages. Rhode Island and Delaware state lawmakers are considering legislation to allow same-sex couples to wed. (Rhode Island’s Senate has approved a marriage equality bill.)

    So while there has been positive movement on marriage equality -- though a setback could be forthcoming depending on the how the Roberts Court handles the cases before it – efforts to bar employment discrimination against LGBT persons have seen more mixed results. As the ACLU notes more than 30 states include laws that fail to provide LGBT people solid protection from employment discrimination.

    But Sen. Jeff Merkley (D-Ore.) in a press statement announcing the introduction of ENDA sounded an upbeat note, saying that “bipartisan coalitions” in both chambers are supporting the measure. Merkley’s statement concludes, “In a sign of the growing momentum to end discrimination against LGBT Americans, the Senate sponsors expect the Health, Education, Labor & Pensions Committee” to take action on the legislation in this Congress.

    The ACLU, Lambda Legal, the National Center for Lesbian Rights and the Transgender Law Center issued a statement today concluding, in part, that in a “country that values fairness and equal treatment under the law, we believe the current situation is unacceptable.” That situation centers on the fact that there remain far too many states without protections against employment discrimination of LGBT people.

  • December 7, 2012

    by Jeremy Leaming

    As widely expected the U.S. Supreme Court will wade into the battle for marriage equality announcing today it would consider the constitutionality of state and federal bars against same-sex marriage.

    The New York Times’ Adam Liptak noted that the Court’s docket now includes a lot of cases centering on “the meaning of equality ….” The high court’s docket already includes cases involving race-conscious university admissions policies and an integral enforcement provision of the Voting Rights Act.

    The high court will review a decision striking California’s Proposition 8, which yanked marriage equality rights from lesbians and gay men in the state, and an opinion from a federal appeals court that invalidated a provision of the so-called Defense of Marriage Act.

    Earlier this year, the U.S. Court of Appeals for the Ninth Circuit ruled that California’s Proposition 8 “served no purpose and no effect, other than to lessen the status and human dignity of gays and lesbians.” Writing for the majority, Judge Stephen Reinhardt said, “Proposition 8 worked a singular and limited change to the California Constitution: it stripped same-sex couples of the right to have their committed relationships recognized by the State with the designation of ‘marriage,’ which the state constitution had previously guaranteed them, while leaving in place all their other rights and responsibilities as partners – rights and responsibilities that are identical of those married spouses and form an integral part of the marriage relationship.”

    The high court also said it would review U.S. v. Windsor, a case out of the Second Circuit. Earlier in the fall, the U.S. Court of Appeals for the Second Circuit invalidated a provision of the so-called Defense of Marriage Act, a law enacted by the Clinton administration. The Obama administration announced earlier in its first term that it would stop defending DOMA in court. The Bipartisan Legal Advisory Group of the U.S. House of Representatives intervened to help defend DOMA.

  • August 27, 2012

    by Jeremy Leaming

    Lawmakers may help push equality measures for LGBT persons, but at the end of the day if the state and federal courts are made up of rightwing jurists and those beholden to corporate interests, advancements toward equality will likely be an ongoing arduous and fitful slog.

    The health and safety of the LGBT community is “inextricably tied to the health and safety and vigor of our court systems, both federal and state,” said Justice at Stake’s Praveen Fernandes, at an Aug. 24 panel discussion at the National LGBT Bar Association’s 2012 Lavender Law gathering in Washington, D.C. Fernandes, the Director of Federal Affairs and Diversity Initiatives at Justice at Stake, noted that many people concentrate on the role federal courts occupy in legal battles, but that the “vast majority” of law is determined at the state level.

    And on the state level there is an increasing challenge to ensure that judges are independent of special interests. Thirty-nine states elect judges, and an increasing amount of money is flowing into those elections to elect judges inclined to advance corporate interests at the cost to individual rights. Several of the panelists participating in the “Defending the Courts: Why the LGBT Community Should be Particularly Concerned about the Strength and Independence of the Bench,” also noted that judges who uphold or bolster rights for the LGBT community are vulnerable to well-funded efforts to remove them from the bench.

    Judge Mary Celeste of the Denver County Court highlighted one of the more infamous efforts to punish judges who supported equality. 

    “We are talking about defending people who are supportive of LGBT issues. Now is anyone here not aware of what happened in Iowa,” Celeste said, referring to the successful effort to oust three Iowa Supreme Court justices who were involved in a 2009 state court ruling that supported same-sex marriages. 

    The effort to oust the three Iowa Supreme Court justices was spearheaded by the American Family Association, a Christian lobbying group, and attracted $948.355 from out-of-state groups. In late 2010 former Arkansas Governor and Republican presidential hopeful Mike Huckabee applauded the effort to remove the Iowa Supreme Court justices, claiming that Iowans were “sick of one branch of government thinking it is more powerful than the other two put together,” the Iowa Independent reported.