More From Kate Kendell On Prop 8 Hearing

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NCLR Reacts To Prop 8 Hearing

Via press release:

Today, Chief Judge James Ware of the U.S. District Court for the Northern District of California heard arguments on a motion to invalidate former U.S. District Court Chief Judge Vaughn Walker's landmark ruling striking down Proposition 8.

Statement by NCLR Executive Director Kate Kendell:

"Today's hearing made it crystal clear that the Prop 8 proponents' central claim--that Judge Walker should have recused himself from the case because he is in a same-sex relationship--is absolutely baseless. During the hearing, Judge Ware pointedly asked the attorney for the proponents whether an African-American judge would have to recuse himself from a race discrimination case because some people might view him as biased. As Judge Ware's question artfully showed, our legal system does not assume that judges who are in the majority with respect to their race, religion, sexual orientation or any other personal characteristic are the only ones who can be unbiased. Judges take an oath to be impartial and do their job faithfully. It is outrageous and offensive to suggest that a gay judge is incapable of fulfilling that vow, or that Judge Walker did not do so in this case. We are hopeful that the ruling will dismiss this bigoted attempt to discredit Judge Walker's eminently sound ruling that concluded correctly, after weeks of trial and months of careful consideration, that Prop 8 is unconstitutional."

A ruling is expected within 24 hours.

UPDATE: Lambda Legal weighs in.

"Instead of putting Prop 8 on trial, the proponents attempted to put the judge who presided over the case on trial. But the absurdity and offensiveness of the Proponents' position - that a gay judge cannot decide a civil rights issue - became even more apparent under the court's rigorous questioning. Apparently, the Proponents also believe that the impartiality of female judges who have been the victims of rape is open to question in cases involving sexual assault. The court is likely to deny this motion for what it is: a desperate and dangerous witch hunt for gay judges that comes at the expense of judicial integrity."

Shannon Minter Explains DADT Ruling

"Judge Phillips has not yet entered the judgment. She asked the plaintiffs to submit a proposed order including a permanent injunction by September 16. When she enters the judgment, she can either permit it to take effect immediately, stay it while the decision is on appeal, or temporarily stay it to give the Ninth Circuit an opportunity to rule on whether her decision should be stayed during the appeal. Because this is a facial challenge, not just an as-applied challenge, if the decision is upheld on appeal, it will apply to the whole country and will be the end of Don't Ask, Don't Tell." - National Center for Lesbian Rights attorney Shannon Minter.

NCLR's Kate Kendell Exults From The Closing Of Prop 8 Trial

(Via - Towleroad)

National And State LGBT Organizations Step Up To Protect Rekers' Rentboy

An impressive group of state and national LGBT organizations have expressed their support for Jo-Vanni Roman, the Miami rentboy caught in the middle of the best/worst scandal to hit the anti-gay political machine in years. The above listed organizations and other skilled Florida-based professionals have all indicated their willingness to step in with their widely varied areas of expertise, should the situation become appropriate for their involvement. The leaders of these organizations have agreed to lend their names to this show of solidarity by the nation's LGBT community.

Equality Florida: Nadine Smith, Executive Director
National Center for Lesbian Rights: Kate Kendall, Executive Director
Norm Kent: Civil Rights Attorney, Publisher and Editor, South Florida Gay News
Truth Wins Out: Wayne Besen, Executive Director
The Trevor Project: Charles Robbins, Executive Director
Lambda Legal: Gregory Nevins, Senior Staff Attorney, Southern Regional Office
Fifteen Minutes Publicity: Howard Bragman, Chairman

Noted Hollywood publicity agent Howard Bragman, who specializes in media crisis management, has volunteered to help Jo-Vanni Roman navigate the deluge of interview requests. They are scheduled to speak today. Florida-based attorney Ron Gunzburger has also made an offer of pro bono support, should the need arise. Other national and state organizations may be added to this list in the next few days.

Special thanks go out to Father Tony Adams, who worked as our point person in Florida on this effort. Of course, there is a hope that none of these esteemed groups will need to step in at all, but we MUST circle the wagons around this kid right now, lest our enemies sense that he is vulnerable to whatever repulsive plans they may have.

Thanks very much to all of the JMG readers who have contacted me with expressions of support, advice, and offers of money. We are trying to work through all of your emails and get back to every one of you. Later this week, we may create a PayPal account for young Jo-Vanni, should his financial situation become dire.

Today is a day to be proud of our people, I know I am.

Gay Softball League Responds To Suit

The North American Gay Amateur Athletic Association has issued an open letter in response to the lawsuit filed against them by the National Center for Lesbian Rights. The lawsuit contends that the NAGAAA's gay softball league discriminated when it disqualified a San Francisco team for having too many straight players.

At its core, NAGAAA is a grass roots organization dedicated to providing a safe environment for gays and lesbians. We have no paid staff; we do not have large sums of money, nor a pool of talented lawyers. It saddens all of us that the NCLR, whom we view as members of our community, have chosen this destructive path. NAGAAA represents a diverse population, and as such there are legitimate differences of opinion among us. However, the action by the NCLR has forced these differences into the court system, rather than allowing our members the right to define who and what we are. One thing is clear, if NCLR is successful, the enormous monetary damages they seek will put our very existence in jeopardy. Regardless of the outcome, everyone loses here. There are no winners We are just at the beginning of this difficult saga. The Board is committed to representing our organization to the best of our abilities. We are guided by the framework of our organizational charter, as written by you, our members. We commit to keeping you informed as this process continues. We believe that once the facts are discovered a very different story emerges from that which has been reported, and we hope that NCLR will join with us.

San Francisco: Players Sue Gay Softball League For Sexual Discrimination

In August 2008, a team from San Francisco was disqualified from the gay softball World Series in Seattle for having too many straight players on the team. The rules stipulated that no more than two players on a team may be straight. Now three of the players from the disqualified team are suing the league for sexual discrimination.

In a rare instance of an LGBT legal advocacy group suing a gay organization, the National Center for Lesbian Rights on Tuesday filed suit on behalf of the players in U.S. district court for the western district of Washington. According to the complaint, NCLR alleges that the North American Gay Amateur Athletic Association (NAGAAA) broke state public accommodations law by enforcing a discriminatory rule that only two heterosexuals can play on each team. NCLR further claims that during the 2008 Gay Softball World Series in Seattle, NAGAAA officials interrogated the three plaintiffs, whom a competing team had suspected of being straight, about their sexual orientation. All three have asserted that they are bisexual.

The league asserts that they are a private organization and therefore not subject to the law. One of the suing players reports that he was snappily told, “This is the Gay World Series, not the Bisexual World Series.”

A Case Of Gay Senior Abuse

Here's a timely story in light of last night's hospital directive from President Obama. The National Center for Lesbian Rights is helping out in the case of two gay seniors, one of whom has since died, after the two were kept apart when one was hospitalized. The case report is heartbreaking.

Ignoring Clay’s significant role in Harold’s life, the county continued to treat Harold like he had no family and went to court seeking the power to make financial decisions on his behalf. Outrageously, the county represented to the judge that Clay was merely Harold’s “roommate.” The court denied their efforts, but did grant the county limited access to one of Harold’s bank accounts to pay for his care.

What happened next is even more chilling: without authority, without determining the value of Clay and Harold’s possessions accumulated over the course of their 20 years together or making any effort to determine which items belonged to whom, the county took everything Harold and Clay owned and auctioned off all of their belongings. Adding further insult to grave injury, the county removed Clay from his home and confined him to a nursing home against his will. The county workers then terminated Clay and Harold's lease and surrendered the home they had shared for many years to the landlord.

Three months after he was hospitalized, Harold died in the nursing home. Because of the county’s actions, Clay missed the final months he should have had with his partner of 20 years. Compounding this tragedy, Clay has literally nothing left of the home he had shared with Harold or the life he was living up until the day that Harold fell, because he has been unable to recover any of his property. The only memento Clay has is a photo album that Harold painstakingly put together for Clay during the last three months of his life.

A trial has been set to begin in July in Sonoma Country, California.

Sean Chapin - Constant

JMG reader Sean Chapin submits his tribute to Mississippi gay teen Constance McMillen. On May 1st, Constance and her girlfriend will be guests of honor at the 33rd annual National Center for Lesbian Rights Celebration, also known as "the lesbian prom."