LGBT issues

  • February 9, 2016
    Video Interview

    by Nanya Springer

    Last June in Obergefell v. Hodges, the U.S. Supreme Court issued a landmark ruling granting marriage equality to LGBT couples nationwide. Last week, the named plaintiff in the case, Jim Obergefell, spoke to the Indiana University Maurer School of Law Student Chapter about his status as a civil rights icon and how he unwittingly became the modern face of the fight for LGBT rights.

    Obergefell, before a packed auditorium, recounted the events that spurred him to file a federal lawsuit to force the state of Ohio to recognize his marriage to his ailing longtime partner John Arthur. The couple had decided to marry after the U.S. Supreme Court ruled in United States v. Windsor that the federal government must recognize same-sex marriages performed in states where such unions were legal. Obergefell told the audience he proposed to Arthur because “that was the first time in our almost 21 years together that suddenly at least one level of our government would say, ‘You exist. We acknowledge you. Your relationship matters.’” The couple famously flew to BWI Thurgood Marshall Airport in Maryland, where same-sex marriage was already legal, and tied the knot on the tarmac in a brief ceremony before immediately flying back to Ohio.

    When asked by moderator Steve Sanders, co-counsel on a brief in favor of the Obergefell plaintiffs, whether he foresaw a legal battle for recognition of the marriage in his home state, Obergefell replied, “When we decided to marry, we made that decision solely to get married. We had no plans to do anything else. We simply wanted to live out John’s remaining days as husband and husband.” As the case gained national attention, however, Obergefell realized the case was “a lot bigger than just us.” Nevertheless, following Arthur’s death mere months after their marriage, Obergefell quit his job and spent a year traveling and “running away from life” before reengaging in the movement for LGBT equality.

    Consistently humble, Obergefell expressed some guilt about his designation as the lead plaintiff, which was due to the low number of his federal case, and his resulting celebrity. “I felt guilty. I really did, because it isn’t just me. It’s my name and my face that’s out there so much, but I’m not the only one. . . . There are thirty-some plaintiffs in our case,” he said. After the blockbuster decision, though, his attention was refocused on the gravity of the plaintiffs’ achievement. “Wow. We really do matter,” he remembered thinking. He added, “I have the utmost respect for [the legal] profession and the court system.”

    Watch the full conversation below.

  • September 4, 2015

    by Nanya Springer

    On The Huffington Post BlogJudith E. Schaeffer of the Constitutional Accountability Center weighs in on the controversy in Rowan County, Kentucky, arguing that obtaining a marriage license should be hassle-free for everyone.

    In a press release, Demos announced that the U.S. Court of Appeals for the Ninth Circuit on Thursday reinstated a case challenging Nevada’s failure to provide voter registration services to its low-income citizens. The decision comes after the case was thrown out by the U.S. District Court for the District of Nevada.

    Sam Ross-Brown and Amanda Teuscher report in The American Prospect that the Department of Labor’s new rules allowing workers at higher income levels to qualify for overtime pay will not only result in an effective raise for millions of people, but will also give workers more control over their work hours and personal lives.

    The Center for Reproductive Rights announced in a press release yesterday that it has petitioned the U.S. Supreme Court for review of a decision by the U.S. Court of Appeals for the Fifth Circuit. In June, the Fifth Circuit upheld onerous restrictions on abortion clinic access in Texas which, if allowed to stand, would close more than 75 percent of clinics in the state.

  • August 20, 2015
    Guest Post

    by Michael Vargas, Associate, Rimon, PC. Vargas is programming co-chair of the Bay Area Lawyer Chapter.

    When President Obama nominated then-Georgetown law professor Chai Feldblum for a seat on the Equal Employment Opportunity Commission (EEOC) in 2009, it was clear that the former counsel to the Employment Non-Discrimination Act (ENDA) was going to shake up the Commission. As the first openly LGBT person to sit on the Commission, she did not disappoint. In 2012, the Commission announced its unanimous decision in Macy v. Holder (ATF), holding that discrimination against transgender employees was sex discrimination and actionable under Title VII. On July 16, 2015, the Commission issued an even more revolutionary decision in Complainant v. Foxx (FAA), holding that discrimination on the basis of sexual orientation is also sex discrimination and, therefore, must also be actionable under Title VII.

    In the EEOC’s decision, an unnamed complainant filed a complaint alleging that his supervisor would say things like “we don’t need to hear about that gay stuff” whenever the claimant would talk about his partner, and that he was subsequently denied a promotion. In dismissing the case, the FAA treated the complainant’s sexual orientation claim as separate from his sex discrimination claim and therefore not appealable to the EEOC.

    The EEOC summarily reversed the FAA, holding that sexual orientation was “inherently a sex-based consideration” and therefore was “necessarily an allegation of sex discrimination under Title VII.” The EEOC rested their decision on three different theories:

    First, the EEOC argued that sexual orientation necessarily involves treating employees differently because of their sex. To illustrate, the Commission gave the example of a male employee who is fired for having a picture of his husband on his desk when female employees with pictures of their husbands on their desks are not. This, the Commission declared, would be a classic case of sex discrimination.

    Second, the Commission found that sexual orientation discrimination was essentially associational discrimination, which is already recognized in the race discrimination context. If a person cannot be discriminated against because of the race of their spouse, then so too should they be protected from discrimination because of the gender of their spouse.

    Finally, the Commission recognized that discrimination against gays and lesbians is tinged with sex stereotypes, or expectations about what men or women should or should not do, which is yet another form of prohibited sex discrimination.

  • July 17, 2015

    by Nanya Springer

    When Harvard Law School’s Laurence Tribe delivered the Chautauqua Institution’s 11th annual Robert H. Jackson Lecture on the U.S. Supreme Court last week, he had a lot of material to cover. The latest Supreme Court Term was eventful. From the Court’s historic recognition of same-sex marriage equality in Obergefell to its decision to uphold the Affordable Care Act health care exchanges in King, June 2015 produced decisions that will impact the way millions of Americans live their lives.

    While Professor Tribe discussed the significance of the high court’s opinions, he also addressed recent “momentous events that shook our country and complicated the meaning of our Supreme Court’s decisions,” including the racially motivated massacre at Mother Emanuel Church in Charleston which preceded the Court’s ruling in Walker v. Sons of Confederate Veterans by less than 24 hours.

    Tribe says, “My hope is to tie the electrifying events of June together with [former Supreme Court Justice] Jackson’s eloquence and pragmatism, to arrive at a brighter and larger sense of that Constitution, a less cramped understanding of constitutional law, and a more capacious vision of the Supreme Court’s role in giving the Constitution life.”

    A full transcript of the speech is available here and here, and the video can be viewed below.

     

  • July 17, 2015
    Video Interview

    by Paul Guequierre

    The LGBT rights movement has made extraordinary progress in just the past few years, let alone the past 11 years since Massachusetts became the first state to usher in marriage equality. Now, of course, marriage equality is the law of the land from sea to shining sea. Many people have put the rainbow flags away, thinking the fight for full equality is over. The reality is though, the fight is far from over.

    At the 2015 ACS National Convention, Janson Wu, executive director of Gay & Lesbian Advocates and Defenders (GLAD) and the 2012 David Carliner Public Interest Award recipient, sat down and gave us his take on the progress the LGBT rights movement has made, where we’ve been, where we’re going and where we need to take the fight.

    “Now you can see what seemed an impossible victory in 2003 and now seeming almost inevitable in 2015 and I think that’s kind of the theme of our work going forward: what are those kind of impossible dreams we can think of right now that we can make inevitable in five, ten, fifteen years,” Wu said.

    In the interview, Wu also noted the role litigation plays in the LGBT rights movement, not only as a legal remedy to discrimination, but also as a tool to educate Americans.

    “Litigation is actually a great vehicle for education because what we know is that the public can understand and really sympathize with stories of harm. When you have litigation, you generally have a plaintiff who is harmed, so we always try to, when appropriate, use our plaintiffs as a way of educating.”

    After marriage equality, what are the issues the LGBT community faces? Where are the legal efforts in the movement taking place and where will they head in the future? View the full interview with Janson Wu below.