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Equality California Celebrates Statewide Victories for 57 EQCA Endorsed Candidates in Primary

Equality California congratulates the EQCA-endorsed winners in Tuesday’s statewide primary election. Of the 61 candidates endorsed by EQCA, 57 are guaranteed to advance to November’s general election. In addition, two EQCA-endorsed candidates appear to be likely to advance to the general election, but the races are still too close to call. Overall, as many as 59 of EQCA’s 61 endorsed candidates are likely to progress to the general election.

“This is exciting news for the lesbian, gay, bisexual, transgender and ally communities throughout the entire state of California,” said Rick Zbur, executive director-elect of EQCA. “California voters have shown that they expect their representatives to share their beliefs in full equality for all people. But our work is cut out for us through November, because many of our pro-equality candidates will be in close races and we need to make sure that we send them to Sacramento.”

All five proudly out legislative candidates moved forward: Speaker of the Assembly Toni Atkins (AD 78), San Francisco Supervisor David Campos (AD 17), Assemblymember Susan Talamantes Eggman (AD 13), Assemblymember Rich Gordon (AD 24), Campbell City Councilmember Evan Low (AD 28). If all of the out candidates win in the general election, the LGBT Caucus will maintain its current size of eight members.

Two races with EQCA-endorsed candidates remain too close to call — state controller and Senate District 28. In the state controller race, Assembly Speaker Emeritus John A. Pérez is poised to make history. If elected, he will be the first out LGBT person to win a statewide constitutional office in California. In SD 28, Glenn A. Miller is the first Republican ever endorsed by EQCA. In both races, these EQCA candidates placed in the top two and are likely to advance to the general election, but the races are tight, and final results will not be known until additional absentee and provisional ballots are counted.

For a full list of primary results for EQCA-endorsed candidates, please see: eqcapac.org/2014primary.

Equality California (EQCA) is the largest statewide lesbian, gay, bisexual, and transgender advocacy organization in California. For more than a decade, Equality California has strategically moved California from a state with extremely limited legal protections for lesbian, gay, bisexual and transgender people to a state with some of the most comprehensive human rights protections in the nation. Equality California has partnered with legislators to successfully sponsor 96 pieces of pro-equality legislation. EQCA continues to advance equality through legislative advocacy, electoral work, public education and community empowerment. www.eqca.org

 

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Supreme Court Refuses To Put Gay Marriage On Hold In Oregon

The Supreme Court is refusing to halt a federal judge’s order declaring Oregon’s same-sex marriage ban unconstitutional.

The court issued an order Wednesday declining to block any new same-sex unions in the state while a federal appeals court considers whether an anti-gay marriage group can intervene in the case.

The order follows an emergency appeal by the National Organization for Marriage that seeks to overturn the May 19 ruling of U.S. District Judge Michael McShane. The group had unsuccessfully tried to intervene in the lower court proceeding after Oregon Attorney General Ellen Rosenblum declined to defend the same-sex ban.

Hundreds of same-sex Oregon couples have obtained marriage licenses since McShane’s order.

The group filed its request with Justice Anthony Kennedy and he referred it to the full court.

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Openly Gay Sonoma County District Attorney Jill Ravitch Breezes to 2nd Term

 Sonoma County District Attorney Jill Ravitch breezed to re-election Tuesday, weathering a challenge from a senior prosecutor in her office and a storm of protest over the death of teenager shot by a sheriff’s deputy.

Ravitch beat rival Victoria Shanahan 64 percent to 35 percent, with mail-in ballots and 366 of 366 precincts counted early Wednesday.

Ravitch did not return calls Tuesday night. Shanahan, who ran a low-budget campaign, said her share of the votes was evidence of dissatisfaction with her boss.

“I’m not shocked by it,” Shanahan said. “It definitely shows there are issues.”

The win came amid simmering controversy over whether Ravitch should file criminal charges against sheriff’s Deputy Erick Gelhaus in the shooting death of 13-year-old Andy Lopez.

Gelhaus shot Lopez seven times Oct. 22 after reportedly mistaking an airsoft BB gun the Santa Rosa teen was carrying for an assault rifle. The killing sparked numerous protests about police use of force and calls for criminal prosecution.

Ravitch, who has been reviewing a Santa Rosa police report on the shooting for the past four months, has declined to say what she will do or set a timeline for a decision.

It became a key campaign issue in an otherwise unremarkable race.

Shanahan criticized Ravitch for a lack of transparency and for not handing off the case to state prosecutors to avoid a conflict with Sheriff Steve Freitas, a political ally.

Last week, Shanahan appeared to be courting Latino voters, walking precincts in the Roseland neighborhood where Lopez lived.

But Ravitch, 55, a veteran campaigner with a significant fundraising advantage, prevailed.

She counted among her supporters the county Board of Supervisors, state and federal legislators and the Santa Rosa Police Managers Association.

Ravitch outspent Shanahan on the campaign trail by a margin of 2 to 1, according to early finance statements.

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President Barack Obama Releases Proclamation Declaring June LGBT Pride Month

 

President Barack Obama has released a proclamation declaring June as lesbian, gay, bisexual and transgender (LGBT) Pride Month. Check out the statement in full below.

As progress spreads from State to State, as justice is delivered in the courtroom, and as more of our fellow Americans are treated with dignity and respect — our Nation becomes not only more accepting, but more equal as well. During Lesbian, Gay, Bisexual, and Transgender (LGBT) Pride Month, we celebrate victories that have affirmed freedom and fairness, and we recommit ourselves to completing the work that remains.

Last year, supporters of equality celebrated the Supreme Court’s decision to strike down a key provision of the Defense of Marriage Act, a ruling which, at long last, gave loving, committed families the respect and legal protections they deserve. In keeping with this decision, my Administration is extending family and spousal benefits — from immigration benefits to military family benefits — to legally married same-sex couples.

My Administration proudly stands alongside all those who fight for LGBT rights. Here at home, we have strengthened laws against violence toward LGBT Americans, taken action to prevent bullying and harassment, and prohibited discrimination in housing and hospitals. Despite this progress, LGBT workers in too many States can be fired just because of their sexual orientation or gender identity; I continue to call on the Congress to correct this injustice by passing the Employment Non-Discrimination Act. And in the years ahead, we will remain dedicated to addressing health disparities within the LGBT community by implementing the Affordable Care Act and the National HIV/AIDS Strategy — which focuses on improving care while decreasing HIV transmission rates among communities most at risk.

Our commitment to advancing equality for the LGBT community extends far beyond our borders. In many places around the globe, LGBT people face persecution, arrest, or even state-sponsored execution. This is unacceptable. The United States calls on every nation to join us in defending the universal human rights of our LGBT brothers and sisters.

This month, as we mark 45 years since the patrons of the Stonewall Inn defied an unjust policy and awakened a nascent movement, let us honor every brave leader who stood up, sat in, and came out, as well as the allies who supported them along the way. Following their example, let each of us speak for tolerance, justice, and dignity — because if hearts and minds continue to change over time, laws will too.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim June 2014 as Lesbian, Gay, Bisexual, and Transgender Pride Month. I call upon the people of the United States to eliminate prejudice everywhere it exists, and to celebrate the great diversity of the American people.

IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of May, in the year of our Lord two thousand fourteen, and of the Independence of the United States of America the two hundred and thirty-eighth.

BARACK OBAMA

Houston City Council Approves Sweeping Nondiscrimination Protections

 

After many hours of testimony from over 200 speakers, the Houston City Council voted 11-6 to approve the Equal Rights Ordinance, which creates nondiscrimination protections for many classes, including sexual orientation and gender identity. Houston was one of the only large cities in the country that had no municipal nondiscrimination policy.

During the debate, supporters of the bill spoke to alliances across groups, noting how the ordinance would protect following identity classifications: sex, race, color, ethnicity, national origin, age, familial status, military status, religion, disability, sexual orientation, genetic information, gender identity, and pregnancy. Opponents argued that the protections would impose on religious beliefs, forcing individuals to violate their own religious beliefs by serving, as an example, a marrying same-sex couple. They also asked that the ordinance be put to a city-wide vote instead of being approved by the Council.

The ordinance’s protections will extend to employment, housing, and public accommodations. This will help protect LGBT employees, who still face a broken bargain in the workplace due to inequities under the law. Though opponents advanced myths suggesting that transgender people are dangerous, the ordinance will also ensure that the trans community has equal access to facilities in accordance with their gender identity.

Houston is the fourth most populous city in the country. The passage of the ERO mirrors a similarly contentious debate that played out in San Antonio last year. Texas does not offer any state-wide nondiscrimination protections to the LGBT community.

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Sonoma County Pride 2014 Fills An Entire Weekend Where Everyone Is ‘Free To Be’

 

Guerneville rolls out the rainbow carpet for the LGBTQI community the weekend of May 30 – June 1, 2014. ‘Official’ events include Sunday’s Pride Parade and Celebration on the Plaza. ‘Unofficial’ events fill the rest of the weekend with something for everyone. Highlights include Pandora Boxx performing at Buck’s River Mill Dinner Theater, welcoming receptions at local merchants & restaurants, a ‘Disco Deliverance Dance’ at the R3 Hotel, pool parties (for both families and the over 21 set) and an opportunity to participate in a Commitment Ceremony on Sunday after the Parade.

Honored Grand Marshalls are openly-gay Mayor Robert Jacob of Sebastopol, Cloverdale Mayor Carol Russell and Guerneville’s unofficial ‘mayor’, Rodger Jenson and were chosen for their commitment to public service and support of our community.

Events on Friday welcome visitors and locals to unwind at local merchants and restaurants. Many of the art galleries will be open late and Blue Door Art Gallery is offering an opportunity to be creative and make an art project during their ‘Fun Creative Art Projects for All’ event which will run through the weekend.

Saturday afternoon’s the perfect time to party at the R3 Hotel’s ‘High Noon Pool Party & BBQ’ as DJ’s John Parker and L-ue spin poolside. Kick off your night at one of the many excellent local restaurants and head to see the fabulously infamous Pandora Boxx at Bucks River Mill Dinner Theater. Ms. Boxx is the internationally famous participant in Rue Paul’s Drag Race and will be with Tora Hymen & the Backwoods Barbies. Tickets are available by calling 707-869-3600. Drag not your style? Dance the night away at the ‘Disco Deliverance Dance’ hosted by Parade Grand Marshall, Rodger Jenson at the R3 Hotel with DJ Torch.

Pride Sunday’s the big event with the ‘Celebration on the Plaza’ opening at 9am with booths and fun for all. Plan to arrive early to get the best seats for the Parade. The Parade starts at 11am and as always the floats, contingents and celebrants will be a joyful and creative expression of love and diversity. There is still time to put a Parade contingent together as applications are still being accepted.

Post-Parade, head to the Plaza where the celebration continues. Sonoma Nesting Company will host the Pride in Wine Country Terrace, a fundraiser for the Prostate Awareness Foundation, next to the Plaza from noon until 3pm.

Participate in a Commitment Ceremony at 2pm or bring your marriage license and get MARRIED at Pride! Interfaith will have clergy available to perform both marriage and commitment ceremonies and wedding cake cupcakes will be provided. The Commitment ceremony will take place at 2pm at Bucks River Mill Dinner Theater at 4th and Mill Streets.

Families and friends can cool off at the Rio Nido Roadhouse’s kid-friendly pool. Mention “Pride” for discounts on Sunday from noon to 4pm on both pool entry fees and in their great restaurant.

Closing the day’s celebration will be a Pride Interfaith Service at 7pm at Thanksgiving Lutheran Church in Santa Rosa.

Anyone wishing to support Pride can do so by becoming a sponsor. All money raised go towards expenses for the Parade and Plaza Celebration. Donations are not tax deductible.

Information, Donation/Sponsor information, Parade Entry forms and Vendor Booth applications are available online at www.SonomaCountyPride.org

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Pride Events

Friday:

  • Merchant Welcoming Receptions from 4 – 8pm

o      Main Street Merchants will stay open late and many will have something special to offer for Pride.

o      Fun Creative Art Projects for All at the Blue Door Art Gallery located at 16359 Main Street http://bluedoorartgallery.com

  • Pride Karaoke from 8pm to midnight

o      At the R3 Hotel with Country Dan http://www.ther3hotel.com/KARAOKE-NIGHT.php

 

Pride Saturday:

  • ‘High Noon Pool Party & BBQ’

o      Noon – 5pm at the R3 Hotel. Crossfade Productions Presents Music by DJ John Parker and DJ L-ue Spinning Poolside witth Surprise Entertainment http://www.ther3hotel.com/PRIDE-SATURDAY-2014.php

  • ‘Fun Creative Art Projects for All’

o      at the Blue Door Art Gallery http://bluedoorartgallery.com

  • ‘Disco Deliverance Dance’

o      from 6 -11pm at the R3 Hotel. A retro kick back party on the Back Deck under the Big Top. Music provided by Russian River icon DJ Torch. http://www.ther3hotel.com/PRIDE-SATURDAY-2014.php

  • Pandora Boxx

o      at Bucks River Mill Dinner Theater for information: https://www.facebook.com/pages/Bucks-River-Mill-Dinner-Theater/307552429393938 or www.PandoraBoxx.com

 

Pride Sunday:

  • 9am – 3pm PrideVillage on the Guerneville Plaza Official Pride Event

o      Participating Organizations with booths (booth space still available):

  • Vision Within / Sarah & Christing Wrathall 415-939-0219 Offering beaded crystal suncatchers with prisms, geodes, crystals, jewelry. 90% handmade work.
  • MarJane Enterprises / Jane Wilder 707-838-7238 or Mardie Donaldson 707-332-7476 Offering pride oriented flags, buttons, stickers, magnets, jewelry, suspenders, ties, belts, keychains, lapel pins, hats, wallets, keychains, boas, pet collars & leashes.
  • Riverbed Yoga / Joan McClain 347-647-1568 Offering t-shirts, jewelry, information on yoga classes in the area.
  • Rio Crest Winery is donating their spot to a non-profit (TBD)
  • Sonoma County Stonewall Democrats / Kevin Jones 201-218-1705 will be offering brochures and handouts pins and possibly books authored by one of their members.
  • Russian River Alliance / Chuck Ramsey 707-239-1639 Will be providing information on their organization and its goals. Also how to become involved. www.RussianRiverAlliance.org
  • 1st Friday Artwalk Artwork will be on display as well as information on the monthly town-wide gallery open houses.
  • 11am Pride Parade on Main Street, Guerneville Official Pride Event

o      Participating organizations Include (not all entries received yet):

  • Community 1st Credit Union
    • Beth Rudometkin (Guerneville contact) 10 participants (18 foot float) and music.
  • Sebastopol Mayor Jacob on the Peace in Medicine Float.
    • (28 feet) with 25 participants
  • Riverbed Yoga /
    • 10 person Marching Unit
  • Rio Crest Winery
    • Is donating their space to a non-profit (TBD)
  • FastSigns of Santa Rosa
    • (Need details on their parade entry)
  • Unitarian Universalist Congregation, Santa Rosa
    • will have a 30 person Marching Unit
  • Knox Church/PFLAG
    • Will have a 10 person Marching Unit

 

Other Events on Sunday:

  • Pride Pool Party

o      (at the R3 Hotel)

  • ‘Fun Creative Art Projects for All’

o      at the Blue Door Art Gallery http://bluedoorartgallery.com

  • Noon – 4pm: Family Pool Party

o      (at the Rio Nido Roadhouse) Mention PRIDE for discounts at the Pool and Roadhouse for families. Swimming Pool – bring your suit! http://rionidoroadhouse.com/

  • Noon – 3pm Pride in Wine Country Terrace

o      (at Sonoma Nesting Company)

  • 2pm: Commitment Ceremony

o      (at Bucks River Mill Dinner Theater)

o      Bring your Marriage License as there will be members of the clergy attending (and get MARRIED!). Wedding Cake Cupcakes will be provided.

  • 7pm Interfaith Service

o      at Thanksgiving Lutheran Church. Located at 1225 Fulton Road in Santa Rosa.

Equality California Announces Final Endorsements for 2014 June Primary

Today, Equality California is proud to announce its endorsement of incumbents Gov. Jerry Brown for governor, Lt. Gov. Gavin Newsom for lieutenant governor, Attorney General Kamala Harris for attorney general, Insurance Commissioner Dave Jones for insurance commissioner and Superintendent Tom Torlakson for superintendent of public instruction. In addition, EQCA has endorsed former Speaker of the Assembly Bob Hertzberg for Senate District 18. They join a group of over 50 other candidates already endorsed by Equality California in the 2014 election cycle.

In his current term, Brown has governed California since 2011 and he has been a tremendously effective advocate for full equality throughout his long career. In 2012 he signed into law SB 1172, banning psychological abuse of minors in the guise of “conversion therapy,” and last year he signed the School Success and Opportunity Act, which gives all students, including transgender students, equal access to programs and facilities. Prior to serving as governor, Brown served as attorney general and declined to defend Proposition 8 both as attorney general and later as governor. Brown was recently honored with the Leadership Award at EQCA’s 2014 Sacramento Equality Awards.

“We are tremendously pleased to endorse Governor Brown for a fourth term as governor,” said John O’Connor, EQCA executive director. “His leadership has been critical to much of the progress we have made toward full equality in recent years, and we look forward to achieving even more with another four years of Governor Brown’s leadership.”

Newsom garnered national renown while mayor of San Francisco for his bold decision to issue marriage licenses to same-sex couples in 2004. Since then, he has has used his leadership position to support policies that move equality forward for LGBT Californians, including universal health care, and citizen engagement, like his CaliforniaReportCard.org, which invites residents to grade California’s implementation of marriage for same-sex couples. Newsom was honored at the 2014 Sacramento Equality Awards with the Vanguard Award.

“Lt. Gov. Gavin Newsom has built on his promise as an exceptional ally to LGBT Californians,” said O’Connor. “He has continually pushed the frontier of equality forward, and we are proud to endorse him for a second term as lieutenant governor.”

Harris has served as Attorney General since 2011, and has been a staunch advocate for full equality, including refusing to defend Prop. 8. While district attorney for San Francisco, she created a hate crimes unit, and convened a national conference to rebut the “gay-“ and “transgender panic” defense. This year, she is an official co-sponsor of Assemblymember Susan Bonilla’s AB 2501, which would curb the use of “gay-“ and “transgender panic” defenses in California. Last year, she was honored with the Vanguard in Leadership Award at the 2013 Los Angeles Equality Awards.

“Kamala Harris has had so many firsts — she’s the first woman, African American and Indian American to hold the office of Attorney General — and now it’s time for her to have a second term,” said O’Connor. “We couldn’t be prouder to endorse Kamala Harris for attorney general.”

Jones has served as Insurance Commissioner since 2010, and previously served as assemblymember for the 9th District. In 2011, prior to the restoration of the freedom to marry, Jones reformed insurance regulations so that low-income lesbian, gay, bisexual and transgender people were no longer excluded from discounts based on spousal language. He also championed groundbreaking regulations to enforce laws requiring gender nondiscrimination in insurance coverage, ensuring that transgender Californians are not denied access to health care simply because of their gender identity.

“Dave Jones has made compassion and equality a priority for insurance coverage in California,” said O’Connor. “We are proud to endorse him for another term.”

After serving in both the Assembly and the Senate, Torlakson has worked as superintendent for public instruction since 2011, and has overseen the implementation of the FAIR Education Act, which ended the exclusion of LGBT historical figures due to their sexual orientation or gender identity. Torlakson is a strong supporter of effective anti-bullying programs, and is currently implementing the School Success and Opportunity Act.

“As a former legislator, Tom Torlakson proved himself to be a staunch ally with his consistent 100-percent pro-equality voting record,” said O’Connor. “EQCA looks forward to working with our ally on implementing the FAIR Education Act and the School Success and Opportunity Act on behalf of LGBT students, who are our shared priority.”

Hertzberg is currently a partner at the law firm Mayer Brown LLP, and is a respected voice on environmental policy and government reform. From 1996 through 2002, he represented the 40th Assembly District, and served his final two years in the Assembly as Speaker. While there, he helped to secure passage of AB 537, the California Student Safety & Violence Prevention Act of 2000 by then-Assembly Member Sheila Kuehl, which provided crucial anti-harassment protections for LGBT students.

“Bob Hertzberg has been a longtime supporter of full equality for LGBT Californians, and we’re glad that he’s decided to return to public service,” said O’Connor. “We’re proud to endorse him for California Senate.”

The Equality California Political Action Committee endorses viable candidates running for statewide offices and the state legislature who have a proven track record of supporting equal rights and legal protections for LGBT Californians and who are committed to advancing these goals in their capacity as elected officials.

Equality California (EQCA) is the largest statewide lesbian, gay, bisexual, and transgender advocacy organization in California. For more than a decade, Equality California has strategically moved California from a state with extremely limited legal protections for lesbian, gay, bisexual and transgender people to a state with some of the most comprehensive human rights protections in the nation. Equality California has partnered with legislators to successfully sponsor 96 pieces of pro-equality legislation. EQCA continues to advance equality through legislative advocacy, electoral work, public education and community empowerment. www.eqca.org

 

Equality California Applauds CalPERS Divestment from Russian Companies Tied to Anti-LGBT Violence and Neo-Nazi Website

Equality California applauds CalPERS, the country’s largest public pension fund, for divesting from the Russian companies MegaFon and Mail.ru due to the companies’ links to the neo-Nazi “Occupy Pedophilia” vigilante group, which has posted videos of torture and assault of lesbian, gay, bisexual and transgender Russians on a company-owned social media network.

“Californians raised their voices and CalPERS listened. We will not have our money supporting hate crimes against our LGBT brothers and sisters in Russia, and we are very glad to have made an impact on a global scale,” said John O’Connor, Equality California executive director. “This is a success that we can all be very proud of.”

In March, EQCA launched a petition in conjunction with the National Center for Lesbian Rights, urging the specific divestment from MegaFon and Mail.ru. Last year, EQCA co-sponsored Sen. Mark Leno’s resolution, SR 18, urging CalPERS to divest from Russian companies to oppose the anti-LGBT ‘propaganda’ law.

Equality California (EQCA) is the largest statewide lesbian, gay, bisexual, and transgender advocacy organization in California. For more than a decade, Equality California has strategically moved California from a state with extremely limited legal protections for lesbian, gay, bisexual and transgender people to a state with some of the most comprehensive human rights protections in the nation. Equality California has partnered with legislators to successfully sponsor 96 pieces of pro-equality legislation. EQCA continues to advance equality through legislative advocacy, electoral work, public education and community empowerment. www.eqca.org

 

Attorney General Kamala D. Harris Signs on as Co-sponsor for Bill to Curb “Panic Defense”

Attorney General Kamala D. Harris has become an official co-sponsor for AB 2501, a bill authored by Assemblymember Susan Bonilla and designed to curb the so-called “panic defense” by making it clear that a defendant’s discovery of a victim’s sexual orientation or gender identity is not sufficient provocation to reduce a charge of murder to manslaughter. Equality California is a sponsor of the bill.

“Getting Attorney General Kamala Harris to co-sponsor AB 2501 is an exciting sign that California is serious about curbing these bogus ‘panic’ defenses,” said John O’Connor, Equality California executive director. ”A victim’s sexual orientation or gender identity should never be used to excuse a crime against them, and we thank Assemblymember Bonilla and Attorney General Harris for their leadership on this issue.”

“As the state’s chief law enforcement officer and a career prosecutor, I’ve long viewed the panic defense as an injustice not only to our LGBT community, but to all Californians who rightly expect all victims to be treated equally under the law,” Attorney General Harris said. “This bill ensures that violent crimes cannot be excused by a defendant’s prejudice. I commend Assemblymember Bonilla for standing up on this serious issue.”

“With the strong support of Attorney General Kamala Harris to ban panic defenses in court, we are making it very clear that discrimination against people who are lesbian, gay, bisexual or transgender has no place in our justice system,” said Assemblymember Bonilla.

Currently, “heat of passion” and “sudden quarrel” defenses must be legally supported with evidence of provocation, and that provocation may include discovery of a victim’s sexual orientation or gender identity. Similar legislation was attempted in 2005 in the California Legislature but was substantially amended to only require the court to instruct the jury that their verdict should not be influenced by bias against a victim.

There have been several high-profile cases over the past ten years where panic defenses were used, including the murders of LGBT teens Gwen Araujo in Newark, California and Larry King in Oxnard, California.

Equality California (EQCA) is the largest statewide lesbian, gay, bisexual, and transgender advocacy organization in California. For more than a decade, Equality California has strategically moved California from a state with extremely limited legal protections for lesbian, gay, bisexual and transgender people to a state with some of the most comprehensive human rights protections in the nation. Equality California has partnered with legislators to successfully sponsor 96 pieces of pro-equality legislation. EQCA continues to advance equality through legislative advocacy, electoral work, public education and community empowerment. www.eqca.org

 

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Couples To Challenge Alaska Gay Marriage Ban As Unconstitutional

Five gay couples filed a lawsuit Monday challenging Alaska’s ban on same-sex marriage as unconstitutional.

The Alaska lawsuit, filed in federal court in Anchorage, lists as plaintiffs four couples who were married outside Alaska and one unmarried couple. It alleges that Alaska’s ban on same-sex marriage violates their rights to due process and equal protection under the U.S. Constitution.

The lawsuit seeks to bar enforcement of Alaska’s constitutional ban on same-sex marriage. It also calls for barring enforcement of any state laws that refuse to recognize gay marriages legally performed in other states or countries or that prevent unmarried gay couples from marrying.

Alaska voters in 1998 approved a state constitutional amendment defining marriage as being between one man and one woman. But in the past year, the U.S. Supreme Court has struck down a provision of the federal Defense of Marriage Act that prevented legally married same-sex couples from receiving a range of federal benefits. Federal courts also have struck down state constitutional bans in a number of states, though appeals were pending in a number of cases. States such as Illinois and Hawaii legalized same-sex marriage.

An attorney for the couples, Caitlin Shortell, said lawsuits have been filed in almost every state with bans on same-sex marriage. A lawsuit in Alaska was seen by those involved as “necessary and important,” Shortell said.

Another attorney, Heather Gardner, said in a statement that under current state law, “a couple who marries in Seattle and returns home to Alaska are married in the eyes of the law when their plane lifts off from SeaTac (airport) but are legal strangers when the flight touches down in Alaska. No Alaskan is a second-class citizen.”

The plaintiffs are Matthew Hamby and Christopher Shelden; Christina LaBorde and Susan Tow; Sean Egan and David Robinson; Tracey Wiese and Katrina Cortez; and Courtney Lamb and Stephanie Pearson. Lamb and Pearson are unmarried.
Hamby, in a statement, said he and his husband — who, according to the lawsuit were married in Canada in 2008 and renewed their vows in Utah last year — are taking a stand “because marriage should be available to all loving couples. It’s important to us that our family is recognized by the State of Alaska and that we have the same rights and privileges as others.”

Defendants include Gov. Sean Parnell and Attorney General Michael Geraghty, who earlier this year told The Associated Press he would continue to defend the state’s constitutional ban on same-sex marriage, even as federal courts around the country strike down similar bans.

The Alaska lawsuit was filed three days after a county circuit judge in Arkansas late Friday tossed out the 2004 constitutional amendment banning same-sex marriage, along with a 1997 state law. That state’s attorney general filed paperwork Monday to at least temporarily preserve the ban.

Geraghty said he would not make his decisions based on federal district court decisions that still must be reviewed by appellate courts and perhaps the U.S. Supreme Court, which he expects will ultimately weigh in on the issue.

“Would everybody vote the same way today? Who knows? But it’s on the books,” Geraghty told the AP in February. He added: “Eventually, as I said, one day there will be guidance. I’m sure one day there will be a decision one way or the other. And when that happens, obviously we will comply with the decision.”

A Parnell spokeswoman said by email late Friday afternoon that the governor’s office had not been served with the lawsuit and the Department of Law would need time to review any it.

A proposal to strike the same-sex marriage ban from Alaska’s constitution, introduced by Senate Minority Leader Hollis French, D-Anchorage, during the last legislative session, went nowhere. Republicans control both the Alaska House and Senate.

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