تحديث سبتمبر 2014: من خلال مناقشات استباقية ومداولات دقيقة بين ممثلينا القانونيين، توصلنا إلى اتفاق مشترك، بنوده سرية، يُفضي إلى الحصول على استحقاقات الزوج/الزوجة الناجية المطلوبة. يسعدنا حصول جيري على هذه الاستحقاقات، كما يسعدنا أيضًا الطريقة التي تعاملت بها شركة باير مع هذه المسألة القانونية وحلتها.
(Boston, MA) John Abdallah Wambere, a prominent Ugandan gay activist who was featured in the documentaries “Call Me Kuchu” and “Missionaries of Hate,” filed for asylum today in the United States.
Wambere has been an activist for fourteen years, as a co-founder of Spectrum Uganda Initiatives, through which he has worked to ensure the safety of the LGBTI community, reduce stigma, assist LGBTI Ugandans under arrest, and educate about HIV. Uganda’s LGBTI community has been under escalating public, political, and physical attack in recent years, culminating in the passage of the Anti-Homosexuality Act and its signing into law on February 24, 2014 by President Yoweri Museveni.
“This has been a very, very difficult decision for me,” said Wambere. “I have devoted my life to working for LGBTI people in Uganda, and it gives me great pain not to be with my community, allies, and friends while they are under increasing attack. But in my heart, I know it is my only option, and that I would be of no use to my community in jail.”
The Anti-Homosexuality Act imposes harsher penalties for same-sex relationships, including life imprisonment. It also imposes new penalties for any activities that are viewed as “aiding and abetting homosexuality” and “promoting homosexuality.” The law is broad in its reach and criminalizes even activism and public health education work related to LGBTI individuals, including those living with HIV.
“It is simply not safe for John to return to Uganda,” said Janson Wu, Senior Staff Attorney for Gay & Lesbian Advocates & Defenders (GLAD), which is representing Wambere. “Even before the bill was signed, John was outed as gay by newspapers, harassed by strangers, received death threats from anonymous phone calls, evicted from his home, and beaten up. Now he also faces life imprisonment should he return.”
Following the signing of the bill, 30,000 Ugandans gathered in a stadium for a rally to thank the president for signing the law. They listened to speakers who called LGBTI people “criminals,” “animals” and “devils.” Since the bill’s signing, LGBTI people in Uganda have been arrested, some have gone underground, and others have fled the country. An HIV organization was infiltrated and shut down by police.
Anti-gay sentiment in Uganda has been promoted by American evangelicals such as Scott Lively, who travelled to the country to preach and promote what was at the time called the “Kill the Gays” bill because it included the death penalty, which was removed.
“The United States can do two very important things,” said Allison Wright, GLAD Staff Attorney. “We can provide a safer harbor where brave Ugandan LGBT individuals can continue to speak out and work for change; and we can work to stop the export of prejudice, denouncing the efforts of Americans to spread homophobia in other countries.”
John Abdallah Wambere’s condensed and redacted affidavit for asylum can be read on GLAD’s website at www.gladlaw.org/wambere.
In addition to GLAD, John Wambere is represented by Hema Sarang-Sieminski of the Law Office of Hema Sarang-Sieminksi.
Update November 26, 2014: John “Longjones” Abdallah Wambere received a letter from the U.S. Citizen and Immigration Services informing him that his application for asylum has been fully approved.
September 11, 2014: John “Longjones” Abdallah Wambere has been recommended for asylum in the United States. In a letter dated September 11, 2014, the U.S. Citizen and Immigration Services informed Wambere that his application was recommended for approval, pending a routine security check. اقرأ المزيد.
John Wambere had an interview August 25, 2014 with an asylum officer at the Bureau of Citizenship and Immigration Services about his application for asylum. In conjunction with the interview and in support of John’s application, we submitted the Uganda Country Conditions Report, which can be read here.
GLAD has filed an application for asylum on behalf of John Abdallah Wambere, a prominent Ugandan gay activist who was featured in the documentaries Call Me Kuchu و Missionaries of Hate. We are working in collaboration with Boston immigration attorney Hema Sarang-Sieminski of the Law Office of Hema Sarang-Sieminski.
John was in Massachusetts raising visibility for his work with the LGBTI community in Uganda when on February 24 President Museveni signed into law the Ugandan Anti-Homosexuality Act. This law provides harsh penalties – including life imprisonment – for same-sex relationships, as well as for any activities deemed to “promote homosexuality.”
It is not safe for John to return to Uganda. Even before the bill was signed, John was outed as gay by newspapers, harassed by strangers, evicted from his home, beaten up, and received death threats from anonymous phone calls. Now he also faces life imprisonment should he return.
Wambere has been an activist for fourteen years, as a co-founder of Spectrum Uganda Initiatives, through which he has worked to ensure the safety of the LGBTI community, reduce stigma, assist LGBTI Ugandans under arrest, and educate about HIV. Uganda’s LGBTI community has been under escalating public, political, and physical attack in recent years, culminating in the enactment of the Anti-Homosexuality Act.
“This has been a very, very difficult decision for me,” said Wambere in a statement to the media. “I have devoted my life to working for LGBTI people in Uganda, and it gives me great pain not to be with my community, allies, and friends while they are under increasing attack. But in my heart, I know it is my only option, and that I would be of no use to my community in jail.”
Frequently Asked Questions Regarding In re WambereRead more of John’s story
Ugandan Paper Discloses Names and Photos of LGBTI Community Members
Timeline of Anti-Gay Activity in Uganda
ال Civil Society Coalition on Human Rights and Constitutional Rights, a coalition of Ugandan organizations dedicated to fighting this act, recently published guidelines for international partners on how best to support the work in Uganda. We encourage you to support the work of the Coalition, as well as other Uganda human rights coalitions and organizations, such as Spectrum Uganda Initiatives و Sexual Minorities Uganda
A broad swath of marriage equality supporters weighed in with the U.S. Court of Appeals for the Tenth Circuit yesterday, filing amicus briefs in كيتشن ضد هربرت و Bishop v. Smith, the Utah and Oklahoma marriages cases respectively.
Gay & Lesbian Advocates & Defenders’ Civil Rights Project Director Mary L. Bonauto coordinated the amicus effort, involving attorneys and interested organizations representing religious leaders, child welfare organizations, business leaders, health care professionals, experts in family law, constitutional law and relationship recognition, and military leaders and service members. The amici urge the Court of Appeals to uphold the Utah and Oklahoma District Court rulings finding that the bans on marriage for same-sex couples violate the United States Constitution
“I am honored to assist my legal colleagues so that same-sex couples have the freedom to marry the person they love no matter where they live,” said Bonauto, who litigated the groundbreaking Goodridge marriage equality case in Massachusetts (2003), and who filed the first multi-plaintiff challenges against the Defense of Marriage Act (DOMA) in 2009 and 2010. “These briefs came together in a short period of time with a lot of help from many people, and provide overwhelming evidence that the government gains nothing legitimate, and only does harm, in depriving loving, committed couples the ability to secure a government marriage license.”
تحديث 6 أكتوبر 2014: رفضت المحكمة العليا الأمريكية مراجعة قرار محكمة الاستئناف بالدائرة العاشرة، القاضي بإلغاء حظر زواج المثليين في ولاية يوتا، مما أتاح استمرار هذا القرار، وكذلك قرار مماثل في ولاية أوكلاهوما. كما رفضت المحكمة مراجعة قرارات محكمتي الاستئناف بالدائرة الرابعة والسابعة، اللتين ألغتا حظر الزواج في ولايات فرجينيا وإنديانا وويسكونسن.
من خلال رفض مراجعة كيتشن ضد هربرت في قضيةٍ أخرى، أيدت المحكمة قرار محكمة الاستئناف الأمريكية للدائرة العاشرة الصادر في يونيو/حزيران 2014، والذي قضى بعدم دستورية حظر ولاية يوتا لزواج المثليين. ويعني هذا القرار أن للأزواج المثليين في ولايات يوتا وأوكلاهوما وكولورادو وكانساس ووايومنغ - وجميعها تابعة للدائرة العاشرة - حقًا دستوريًا في الزواج وفي أن تُعامل زيجاتهم على قدم المساواة. اقرأ البيان الكامل من NCLR وGLAD.
تحديث 4 سبتمبر 2014: قدمت ثلاثة أصوات متنوعة - أصوات رجال الأعمال والدول والأسرة وجماعات المساواة - أصدقاء المحكمة ملخصات في كيتشن ضد هربرت القضية. تُطالب المذكرات المحكمة العليا بقبول قضية أو قضايا لحل الضرر والتمييز الناتجين عن حظر الزواج. يُمكن الاطلاع على المذكرات في القائمة على اليمين.
تحديث 28 أغسطس 2014: —اليوم، تقدم الأزواج الثلاثة الذين يتحدون حظر ولاية يوتا على زواج الأزواج من نفس الجنس بطلب إلى المحكمة العليا للولايات المتحدة لقبول طلب المسؤولين في ولاية يوتا لمراجعة القضية. في موجز اليوميجادل المدعون بأن مراجعة المحكمة العليا ضرورية لأن الأزواج المثليين في ولاية يوتا وجميع أنحاء البلاد بحاجة ماسة إلى ضمان زواج آمن أينما كانوا يعملون أو يسافرون لحماية أنفسهم وعائلاتهم بشكل كامل. وتجادل المذكرة بأن قرارًا من المحكمة العليا يؤكد حقهم في الزواج واحترام زواجهم على مستوى البلاد وحده كفيل بحل هذا التفاوت الجوهري. اقرأ المزيد.
مسرور انضم إلى زملائه في المركز الوطني لحقوق المثليين ومزدوجي الميل الجنسي والمتحولين جنسيا (NCLR) والمحامية يوتا بيجي تومسيك كمستشارة في هذه القضية الفيدرالية التاريخية التي تمثل الأزواج المثليين الساعين إلى حرية الزواج في ولاية يوتا. قضت محكمة الاستئناف بالدائرة العاشرة في 25 يونيو/حزيران 2014 بأن حظر ولاية يوتا لحرية زواج الأزواج المثليين ينتهك ضمانات الدستور الأمريكي للحماية المتساوية والإجراءات القانونية الواجبة.
وقد تم طلب من المحكمة العليا الأمريكية مراجعة القضية.
قدمت GLAD سابقًا موجز عن صديق للمحكمة دعمًا للمدّعين المستأنف عليهم في الاستئناف أمام محكمة الاستئناف الأمريكية للدائرة العاشرة. قدّم محامون من شركة ويلمر هيل المذكرة نيابةً عن شركة GLAD.
تطورات القضية المقتبسة من NCLR:
في 25 يونيو/حزيران 2014، قضت محكمة الدائرة العاشرة بأن حظر ولاية يوتا لحرية زواج المثليين ينتهك ضمانات الدستور الأمريكي للمساواة في الحماية والإجراءات القانونية الواجبة. ويُعد هذا القرار أول حكم صادر عن محكمة استئناف فيدرالية في قضية تتعلق بحرية الزواج منذ أن قضت المحكمة العليا للولايات المتحدة في يونيو/حزيران 2013 بوجوب اعتراف الحكومة الفيدرالية بزواج المثليين.
في 5 أغسطس/آب 2014، طلبت ولاية يوتا من المحكمة العليا الأمريكية مراجعة قرار الدائرة العاشرة. ينص قرار الدائرة العاشرة على أنه لن يُسمح للأزواج في يوتا بالزواج إلا بعد أن تقرر المحكمة العليا مراجعة القضية. إذا قررت المحكمة العليا مراجعة القضية، فلن يُسمح للأزواج بالزواج إلا بعد إصدار المحكمة العليا قرارها.
لمزيد من المعلومات الخلفية قم بزيارة www.nclrights.org
بالإضافة إلى NCLR وGLAD والمحامية بيجي تومسيك من Magleby & Greenwood، PC (سولت ليك سيتي)، فإن المدعين ممثلون أيضًا بواسطة فيلم DC من Hogan Lovells.
In 2014, GLAD represented Kerry Considine in a discrimination suit against her employer, Brookdale Senior Living, after Brookdale denied her the right to put her wife, Renee, onto her employer-provided health plan. Kerry’s claim charged that Brookdale discriminated against her on the basis of her sex, in violation of Title VII of the federal Civil Rights Act of 1964, the Equal Pay Act and the Connecticut Fair Employment Practices Act.
Kerry filed her claim with the federal Equal Employment Opportunity Commission (EEOC) and shortly thereafter Brookdale changed its policy and decided to extend health insurance benefits to both same-sex and different-sex spouses. Subsequently, the EEOC made an initial determination that there was “reasonable cause to believe that the Respondent [Brookdale] has discriminated against the Charging Party [Kerry] on account of her sex.” Kerry then received a right-to-sue letter from the EEOC.
Following the filing of our complaint in the federal district court in Connecticut, it came to light that Kerry had, as a condition of her employment, signed a mandatory arbitration agreement. Brookdale moved to compel our case to arbitration, and the US District Court judge agreed, ruling that an arbitrator had to determine whether Kerry’s claims were subject to arbitration.
In arbitration, Kerry argued that her claims for declaratory and injunctive relief should not be in arbitration and should return to federal court based upon an express exclusion in the arbitration agreement. Brookdale asserted that, at best, the agreement was ambiguous and, therefore, must be interpreted to favor arbitration. On the merits, Brookdale also argued that Kerry had no current claim because she was now receiving the benefits that previously were denied. The arbitrator has now ruled that Kerry’s claim is subject to arbitration, and that Kerry’s claim on the merits should be dismissed in arbitration because it was not ripe (meaning essentially that she has no current, live controversy with Brookdale because she is receiving the benefits).
We do not believe the arbitrator’s ruling is correct on any point, but the arbitrator’s ruling is final and cannot be appealed.
Social Security announced earlier this month that it is now processing some widow and widower claims, including Medicare claims, for those married to a spouse of the same sex. The new guidance applies to surviving spouses if the worker was domiciled in a state that recognizes marriage equality and the marriage took place in the U.S. Similarly, Social Security is now processing claims for lump sum death benefits if the deceased worker was domiciled in a state that recognizes marriage equality.
If a marriage was entered into in a foreign country, Social Security may process the claim but only after getting a legal opinion on the validity of the marriage.
Social Security is continuing to hold several claims, including applications where:
• The deceased worker was domiciled in a non-marriage recognition state; or
• The marriage does not meet the duration requirement and the claimant alleges a prior non-marital legal same-sex relationship such as a civil union.
Anyone who was or is married to a spouse of the same sex and thinks they may be eligible for Social Security, should apply immediately to preserve their rights to benefits.
The Social Security Administration’s press releases are here:
• Same-Sex Marriage – Benefits for Surviving Spouses
• Same-Sex Marriage – Lump Sum Death Payment (LSDP)
Social Security also maintains a الأسئلة الشائعة section on its website.
For information about other federal benefits for married same-sex couples, visit www.gladlaw.org/doma
Transgender Rights Project Director Jennifer Levi shares an update on some of the critical work GLAD is doing in the area of transgender legal rights:
GLAD continues to play a national role in ensuring transgender people receive justice in the family law context. The centerpiece of that work is our groundbreaking book, قانون الأسرة للمتحولين جنسياً: دليل للمناصرة الفعالة, published last year. Attorneys around the country are using the book to better advocate for their clients, and transgender people are using it to better advocate for themselves.
Education in the Courts
Our next step in leveling the playing field for transgender people in family court is getting the book into the hands of more attorneys and judges and educating them about the unique needs and vulnerabilities of transgender people in this context. In September, Polly Crozier, a contributor to Transgender Family Lawand a partner at Kauffman Crozier LLP, organized and moderated a panel focused on transgender family law issues attended by family court judges who hear cases throughout Massachusetts.
All attendees received a copy of the book and heard from legal and medical experts: Elizabeth Monnin-Browder, my Transgender Family Law co-editor and an attorney Ropes & Gray; Connecticut Superior Court Judge Maureen M. Murphy, the presiding judge in Waterbury Family Court; and Dr. Norman Spack, a renowned expert in treating transgender children.
Name-changes for Transgender Children
We’re also continuing critical legal work to change the experience of transgender people in probate courts, specifically around name-changes for transgender children, an issue on which we’ve fielded a number of concerning calls from parents in the past year.
We’ve fielded a number of concerning calls in the past year from parents of transgender youth facing obstacles when trying to change their child’s name. These parents are understandably looking for an immediate solution and we intervene as we can to help them. But GLAD is also on the lookout for cases that can have a precedential impact – that is, cases that create changes in the law from which everyone can benefit.
If you think you or a family member is being discriminated against in the probate system, please contact إجابات GLAD.
The Transgender Rights Project is doing critical work as part of a national movement to remove barriers to transition-related health care for all transgender people. This includes our administrative challenge to Medicare’s ban on transition-related care.
Challenging Medicare’s Ban on Transition-Related Care
GLAD has joined with the National Center for Lesbian Rights, the ACLU, and civil rights attorney Mary Lou Boelcke to represent Denee Mallon, a Medicare recipient whose doctors have recommended surgery to treat her severe gender dysphoria. Medicare, the federal program that provides healthcare to Americans 65 or older and younger people with disabilities, prohibits all forms of gender reassignment surgery regardless of an individual patient’s diagnosis or serious medical need. The ban was instituted 30 years ago, when there was little research about the efficacy of gender reassignment surgery. Now that we know these procedures are safe and effective, we have a strong case to make for doing away with this outdated policy.
Advocating for Health Care for Transgender Prisoners
GLAD is also taking on a more active role in the Massachusetts case Kosilek v. Spencer, advocating for transgender inmates to receive medically necessary care. We are currently awaiting a decision in the case from the 1شارع Circuit Court of Appeals.
Advocating for incarcerated transgender people to receive medically necessary transition-related care is an important piece of this work both because of the horrific treatment transgender people face in prisons and also because of the broader impact such rulings have on the entire community. Right now, GLAD is awaiting a decision in Kosilek v. Spencer from the 1شارع Circuit Court of Appeals. The case involves Michelle Kosilek, a transgender woman who successfully sued the Mass. Department of Corrections for medical treatment of her gender dysphoria in federal district court, a ruling the state has appealed. Michelle’s longtime attorney, Frances S. Cohen, who expertly litigated this case for more than 10 years, recently departed her firm Bingham McCutcheon for a new job, so GLAD is taking a more active role in this case.
Eliminating Barriers in Insurance Coverage
We are making remarkable progress toward eliminating barriers to transition-related healthcare. In April, Vermont’s Division of Insurance issued a bulletin making clear that under state law health insurance companies operating in Vermont must cover treatment related to a person’s gender transition, including coverage for gender reassignment surgery.
This bulletin is a critical victory for the transgender community in Vermont and GLAD was proud to partner with local LGBT and health care advocates to educate insurance commissioners and encourage the Division of Insurance to issue the bulletin. For more information about the bulletin check out this FAQ from our partner RU12 Community Center.
We are now partnering with advocates in Maine and Massachusetts to explore options in those states to ensure fair insurance coverage. Stay tuned for updates in those states.
GLAD today unveiled “GLAD Answers”, an updated version of our venerable Legal InfoLine. GLAD Answers is an information and referral service that GLAD has run since our inception, in recent years receiving more than 2,000 inquiries annually from LGBT people and people living with HIV.
The new features of GLAD Answers are:
• A dedicated URL, www.GLADAnswers.org
• An enhanced live chat function
• A new, direct email address: GLADAnswers@glad.org
• Use of an interpretation service for non-English speakers
• And a snappy new name and logo:
GLAD Answers retains its regular phone hours of 1:30-4:30 p.m. Monday-Friday, and its phone number of 1-800-455-GLAD. The service is staffed by highly trained volunteers who provide callers with legal information and referrals that can help resolve issues ranging from school bullying to employment discrimination.
In addition to empowering those who make use of the service, GLAD Answers enables GLAD to identify new legal issues, patterns of discrimination, and cases to litigate.
“Often, empowered with legal information, people can resolve their situations themselves,” said Bruce Bell, Public Engagement and Information Manager. “For example, we recently heard from a mom in Maine whose son was getting resistance from his school when he tried to start a Gay-Straight Alliance. We gave her the information and tools she needed to talk with administrators and within two weeks the school approved the GSA.”
“GLAD Answers is my go-to resource whenever I have questions pertaining to the rights of LGBT youth and young adults. I call them directly for help and I also strongly encourage our youth to contact them if they have a question about their rights,” said Jayeson Watts, MSW, Direct Services Coordinator of Youth Pride, Inc., in Rhode Island. “The staff and volunteers are easy to talk to, knowledgeable and committed to helping LGBT people get the fair treatment they deserve. GLAD Answers is an invaluable resource.”
Although GLAD Answers specializes in LGBT/HIV legal information for the six New England states, the service provides help to anyone who contacts it.
The U.S. Treasury Department and the IRS announced today that all legally married same-sex couples will be able to file their federal taxes as married. This will apply even if a couple resides in a state that does not recognize their marriage, so long as they were married in a state that does.
“Today’s ruling provides certainty and clear, coherent tax filing guidance for all legally married same-sex couples nationwide. It provides access to benefits, responsibilities and protections under federal tax law that all Americans deserve,” said Treasury Secretary Jack Lew.
You can read the full announcement هنا. The IRS has also posted an FAQ for married same-sex couples, available هنا.
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