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News

Gay & Lesbian Advocates & Defenders is pleased to announce the addition of Staff Attorney Zack M. Paakkonen, who will focus his work on legal issues facing the transgender community as part of GLAD’s Transgender Rights Project. Paakkonen joins the legal team on September 3rd.

“With so much work still left to be done to secure legal and social equality for transgender people, Zack Paakkonen is a tremendous addition to our legal team,” said Legal Director Gary Buseck. “With his experience advocating on behalf of transgender clients inside and outside the courtroom, he’s ready to hit the ground running as GLAD continues its cutting-edge work on transgender legal issues.”

Paakkonen brings to GLAD significant experience advocating for the rights of transgender clients in a variety of contexts. In 2008, he and his law partner Alice Neal founded West End Legal, LLC, in Portland, Maine, a general practice firm focusing on the needs of the local LGBT community. Paakkonen’s work included representing transgender clients in matters of family law and other probate matters, advising clients regarding discrimination matters in school and employment, handling matters involving youth in a variety of contexts, and advocacy for transgender people within the penal system and within state government on public policy matters.

“While I’m proud of the work I’ve done for the transgender community in private practice, I’m excited about the opportunity GLAD gives me to have a broader impact on improving and expanding legal protections for the transgender community in New England and across the country,” said Paakkonen.

Read more here

News

Yesterday, California Gov. Jerry Brown signed into law the School Success and Opportunity Act (AB1266), ensuring that transgender students can fully access all school activities, sports teams, programs and facilities – including sex- segregated bathrooms and locker rooms – that match their gender identity.

The Massachusetts Transgender Equal Rights Coalition, which is working in Massachusetts for the passage of the Transgender Equal Access Bill, issued the following comments in response to the enactment of the California Law:

“We applaud Governor Brown and the state of California for taking this critical step to ensure that transgender youth have their gender identities affirmed and respected at school, and that they have the same opportunities as the rest of their classmates to play sports, participate in physical education classes, school clubs and attend field trips,” said Mason Dunn, executive director of the Massachusetts Transgender Political Coalition. “Ensuring that transgender students can access sex-segregated facilities and programs consistent with their gender identity is simple and fair, and increasingly becoming the norm, as we saw in Massachusetts when the Department of Elementary and Secondary education released its guidance on supporting transgender students in the Commonwealth’s schools.”

“But while Massachusetts has taken important steps to treat transgender students fairly in our public schools, it remains that transgender young people and adults can still be refused access to public places like hospitals, restaurants, homeless shelters, nursing homes and supermarkets,” added Dunn. “Our legislature can correct this injustice by passing the Equal Access Bill so that transgender residents of the Commonwealth have the same access to vital services and public spaces their fellow residents enjoy.”

Read more about the Coalition and their full statement here.

News

Boston, MA – Yesterday, California Gov. Jerry Brown signed into law the School Success and Opportunity Act (AB1266), ensuring that transgender students can fully access all school activities, sports teams, programs and facilities – including sex- segregated bathrooms and locker rooms – that match their gender identity.

The Massachusetts Transgender Equal Rights Coalition, which is working in Massachusetts for the passage of the Transgender Equal Access Bill, issued the following comments in response to the enactment of the California Law:

“We applaud Governor Brown and the state of California for taking this critical step to ensure that transgender youth have their gender identities affirmed and respected at school, and that they have the same opportunities as the rest of their classmates to play sports, participate in physical education classes, school clubs and attend field trips,” said Mason Dunn, executive director of the Massachusetts Transgender Political Coalition. “Ensuring that transgender students can access sex-segregated facilities and programs consistent with their gender identity is simple and fair, and increasingly becoming the norm, as we saw in Massachusetts when the Department of Elementary and Secondary education released its guidance on supporting transgender students in the Commonwealth’s schools.”

“But while Massachusetts has taken important steps to treat transgender students fairly in our public schools, it remains that transgender young people and adults can still be refused access to public places like hospitals, restaurants, homeless shelters, nursing homes and supermarkets,” added Dunn. “Our legislature can correct this injustice by passing the Equal Access Bill so that transgender residents of the Commonwealth have the same access to vital services and public spaces their fellow residents enjoy.”
“We commend Gov. Brown and the California Legislature for affirming the dignity of transgender youth and for their leadership on issues of transgender equality.” said Kara Suffredini, executive director of MassEquality. “We hope that Massachusetts lawmakers will follow their lead by passing the Equal Access Bill so that all residents of the Commonwealth, including transgender residents, can access our public spaces safely and without fear of discrimination or other unfair treatment.”
###

About the Transgender Equal Rights Coalition
The Transgender Equal Rights Coalition is working to pass H. 1589/S. 643, “An Act relative to equal access in hospitals, public transportation, nursing homes, supermarkets, retail establishments, and all other places open to the public. Also known as the Equal Access Bill, this legislation would add protections based on gender identity to existing Massachusetts’ civil rights laws governing public accommodations, which currently prohibit discrimination on the basis of religious affiliation or belief, race, sex, sexual orientation, nationality, or any physical or mental disability. Gender identity is defined as “a person’s gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person’s physiology or assigned sex at birth.” Members of the coalition include: Massachusetts Transgender Political Coalition; MassEquality; Gay & Lesbian Advocates & Defenders; National Association of Social Workers, MA; Mass Gay and Lesbian Political Caucus; National Organization for Women, MA; ACLU of Massachusetts; Mass. LGBTQ Bar Association and ADL New England.

News

WASHINGTON, DC— A coalition of national lesbian, gay, bisexual and transgender (LGBT) rights organizations, led by the National Black Justice Coalition and the National Gay and Lesbian Task Force, today issued the following open letter:

An Open Letter: Trayvon Deserves Justice

We cannot begin to imagine the continued pain and suffering endured by Trayvon Martin’s family and friends. We stand in solidarity with them as they continue to fight for justice, civil rights and closure. And we thank everyone who has pushed and will continue to push for justice.

Trayvon Martin deserves justice and his civil rights. We support the organizations and community leaders who are urging the federal government to explore every option to ensure that justice is served for Trayvon and that his civil rights are honored and respected. But our work does not end there: we will honor Trayvon Martin by strengthening our commitment to end bias, hatred, profiling and violence across our communities.

We represent organizations with diverse lesbian, gay, bisexual and transgender constituencies. Our community has been targets of bigotry, bias, profiling and violence. We have experienced the heart-breaking despair of young people targeted for who they are, who they are presumed to be, or who they love: Rashawn Brazell, Lawrence King, Ali Forney, Brandon Teena, Brandon White, Matthew Shepard, Marco McMillian, Angie Zapata, Sakia Gunn, Gwen Araujo and countless others.

Every person, regardless of race, religion, sexual orientation or gender identity, must be able to walk the streets without fear for their safety.

Justice delayed is justice denied and in the words of Dr. Martin Luther King Jr. “a right delayed is a right denied.” We honor Trayvon by seeking justice for all people.

All Out
American Civil Liberties Union
Believe Out Loud
BiNet USA
Bisexual Resource Center
Center for Black Equity
CenterLink: The Community of LGBT Centers
Consortium of Higher Education LGBT Resource Professionals
Equality Federation
Family Equality Council
Freedom to Work
Gay, Lesbian & Straight Education Network
Gay-Straight Alliance Network (GSA Network)
GetEQUAL
GMHC
Gay & Lesbian Advocates & Defenders
GLAAD
Harvey Milk Foundation
Human Rights Campaign
Immigration Equality
Lambda Legal
Movement Advancement Project
National Black Justice Coalition
National Center for Lesbian Rights
National Coalition of Anti-Violence Programs
National Gay & Lesbian Chamber of Commerce
National Gay and Lesbian Task Force
National Minority AIDS Council
National Queer Asian Pacific Islander Alliance
Out & Equal Workplace Advocates
PFLAG National
The Trevor Project
Trans Advocacy Network
Transgender Law Center
Trans People of Color Coalition

News

WASHINGTON, DC— A coalition of national lesbian, gay, bisexual and transgender (LGBT) rights organizations, led by the National Black Justice Coalition and the National Gay and Lesbian Task Force, today issued the following open letter:

An Open Letter: Trayvon Deserves Justice

We cannot begin to imagine the continued pain and suffering endured by Trayvon Martin’s family and friends. We stand in solidarity with them as they continue to fight for justice, civil rights and closure. And we thank everyone who has pushed and will continue to push for justice.

Trayvon Martin deserves justice and his civil rights. We support the organizations and community leaders who are urging the federal government to explore every option to ensure that justice is served for Trayvon and that his civil rights are honored and respected. But our work does not end there: we will honor Trayvon Martin by strengthening our commitment to end bias, hatred, profiling and violence across our communities.

We represent organizations with diverse lesbian, gay, bisexual and transgender constituencies. Our community has been targets of bigotry, bias, profiling and violence. We have experienced the heart-breaking despair of young people targeted for who they are, who they are presumed to be, or who they love: Rashawn Brazell, Lawrence King, Ali Forney, Brandon Teena, Brandon White, Matthew Shepard, Marco McMillian, Angie Zapata, Sakia Gunn, Gwen Araujo and countless others.

Every person, regardless of race, religion, sexual orientation or gender identity, must be able to walk the streets without fear for their safety.

Justice delayed is justice denied and in the words of Dr. Martin Luther King Jr. “a right delayed is a right denied.”  We honor Trayvon by seeking justice for all people.

All Out
American Civil Liberties Union
Believe Out Loud
BiNet USA
Bisexual Resource Center
Center for Black Equity
CenterLink: The Community of LGBT Centers
Consortium of Higher Education LGBT Resource Professionals
Equality Federation
Family Equality Council
Freedom to Work
Gay, Lesbian & Straight Education Network
Gay-Straight Alliance Network (GSA Network)
GetEQUAL
GMHC
Gay & Lesbian Advocates & Defenders
GLAAD
Harvey Milk Foundation
Human Rights Campaign
Immigration Equality
Lambda Legal
Movement Advancement Project
National Black Justice Coalition
National Center for Lesbian Rights
National Coalition of Anti-Violence Programs
National Gay & Lesbian Chamber of Commerce
National Gay and Lesbian Task Force
National Minority AIDS Council
National Queer Asian Pacific Islander Alliance
Out & Equal Workplace Advocates
PFLAG National
The Trevor Project
Trans Advocacy Network
Transgender Law Center
Trans People of Color Coalition

News

Following last Wednesday’s Supreme Court decision striking down the Defense of Marriage Act, Section 3, the federal Office of Personnel Management (OPM) announced on Friday, June 28, 2013,  that it would now be “able to extend benefits to Federal employees and annuitants who are legally married to a spouse of the same sex.”

Although promising additional information on “a broader range of issues” in the future, OPM offered immediate Guidance on health insurance (FEHB); life insurance (FEGLI); dental and vision insurance (FEDVIP), long term care insurance (FLTCIP); flexible savings accounts (FSA); and the ability of retirees to elect a survivor annuity if they have married following retirement.

Where applicable, OPM has created a special, new 60-day open enrollment period running from June 26, 2013 until August 26, 2013.

The OPM guidance to agencies can be read here.

In another development that is already affecting many lives, the Department of Homeland Security has clarified that U.S. citizens in same-sex bi-national marriages are now eligible to apply for green cards for their spouse  in the same manner as those filed on behalf of an opposite-sex spouse.

Federal employees with questions or who encounter problems can contact GLAD’s InfoLine at (800) 455-GLAD, or gladlaw@glad.org.

Gill v. Office of Personnel Management

On June 26, 2013 the U.S. Supreme Court ruled DOMA Section 3 unconstitutional in Windsor v. United States.

For complete details about this case, the plaintiffs,and all legal documents, visit https://www.gladlaw.org/doma

August 2, 2012 – GLAD filed a brief in response to the petitions for a writ of certiorari by the Bipartisan Legal Advisory Group (BLAG) and the Department of Justice (DOJ).

August 2, 2012—The Eagle Forum Education & Legal Defense Fund and the Attorney Generals of 15 states filed amici briefs in support of the Petition for a Writ of Certiorari by the Bipartisan Legal Advisory Group (BLAG).

July 3, 2012 – The Department of Justice filed a petition for certiorari in the United States Supreme Court.

June 29, 2012 – House Leadership via the Bipartisan Legal Advisory Group (BLAG) filed a petition for certiorari in the United States Supreme Court.

May 31, 2012 – U.S. Court of Appeals for the First Circuit unanimous ruling upholding District Court decision finding section 3 of DOMA unconstitutional

GLAD filed a petition for en banc review in the First Circuit on June 21, 2011.  On July 7, the Department of Justice joined our request for en banc review.

February 25, 2011 — Update: The Department of Justice followed Wednesday’s withdrawal from two DOMA cases in the Second Circuit, including GLAD’s Pedersen v. OPM  by notifying the clerk of the First Circuit that they will also “cease to defend” the two consolidated DOMA cases, Gill v. Office of Personnel Management and Massachusetts v. HHS.

October 12, 2010 — Update: The federal government filed notice it is appealing the July 8, 2010 U.S. District Court ruling to the U.S. Court of Appeals for the First Circuit.

July 8, 2010 — Update: U.S. District Court decision holds that DOMA violates the equal protection principles embodied in the Due Process Clause of the Fifth Amendment, July 8, 2010.

February 16, 2010 — Update: GLAD filed our Plaintiff’s Reply Memo in Support of our Motion for Summary Judgment, February 16, 2010.

January 29, 2010 — Update: The Government filed their opposition to our Motion for Summary Judgment on January 29, 2010.

November 17, 2009 — Update: On November 17, 2009, GLAD filed a motion in opposition to the government’s Motion to Dismiss, and filed a Motion for Summary Judgment in the case.

July 31, 2009 — Update: GLAD filed an amended complaint in the Gill suit on July 31, 2009.

July 8, 2009 — On July 8, 2009, the Commonwealth of Massachusetts filed suit challenging DOMA Sec 3.

June 31, 2009 — On May 27, 2009, as a result of GLAD’s legal challenge on behalf of Gill plaintiffs Keith and Al Toney,  the U.S. State Department announced a change in policy regarding the issuance of passports to people who have changed their name after marrying someone of the same sex, so that they may now receive a passport in their new name.  Keith applied for his new passport on June 22.

On March 3, 2009, GLAD filed the first concerted, multi-plaintiff legal challenge to Section 3 of the federal Defense of Marriage Act (DOMA).

Gill et al. v. Office of Personnel Management et al. targets the denial of certain federal rights and protections to married same-sex couples in Massachusetts.  GLAD lawsuits brought marriage equality to Massachusetts (2004) and Connecticut (2008), the only states where same-sex couples can currently legally marry.  This suit, filed today in federal District Court in Boston, addresses the use of DOMA Section 3 to deny spousal protections in Social Security, federal income tax, federal employees’ and retirees’ benefits, and in the issuance of passports.

Passed in 1996, DOMA Section 3, now codified at 1 U.S.C. section 7, limits the marriages the federal government will respect to those between a man and a woman.  Section 2 of DOMA, not at issue in this lawsuit, allows states to establish public policies about what marriages they will and will not respect.

GLAD argues that DOMA Section 3 violates the federal constitutional guarantee of equal protection as applied to federal income tax, Social Security, federal employees and retirees, and in the issuance of passports.  GLAD also contends that DOMA Section 3 is an unprecedented intrusion by the federal government into marriage law, always considered the province of the states.

The plaintiffs are eight married couples and three widowers, each of whom is currently eligible for a federal program.  Each has applied for a benefit under that program and was denied because of DOMA Section 3.

News

Gay & Lesbian Advocates & Defenders (GLAD), the legal organization that first brought marriage equality to the United States nine years ago, today hailed the Supreme Court’s historic decisions in Windsor v. United States and Hollingsworth v. Perry. In Windsor, Section 3 of the Defense of Marriage Act was struck down, and in Perry, the court ruled that the proponents of Proposition 8 did not have standing to appeal lower court rulings.

This means that all legally married same-sex couples will have access to all the federal protections afforded to legally married opposite-sex couples, and that California couples will likely have the right to marry, in accordance with the federal district court ruling.

The Court has removed the stain and the insult that is DOMA,” said Lee Swislow, GLAD’s Executive Director.  “This is an enormous victory and a joyous day for loving, married couples and their families – and for thousands of couples in California who will now be able to express their commitment through marriage.”

“Today, the Supreme Court affirmed that there should be no gay exception in how the federal government regards marriage.  If you are married, you are married,” said

Mary Bonauto, Civil Rights Project Director for GLAD, and lead counsel in the 2003 Massachusetts case Goodridge v. Department of Public Health, of the Court’s ruling against DOMA. “Married couples now come before the federal government as equals.”

Married couples from any state with questions about the immediate impact of the Court striking down DOMA can contact GLAD’s Legal InfoLine: 1-800-455-4523; or gladlaw@glad.org; or by live chat at www.gladlaw.org/rights/infoline-contact.

DOMA, which was enacted in 1996, barred all legally married same-sex couples from being recognized as married under federal law.  Its impact and damage has been far-reaching, touching on every area of federal law, from Social Security and family medical leave to immigration policy and tax-filing.

GLAD brought two multi-plaintiff challenges to DOMA, Gill v. Office of Personnel Management in 2009 and Pedersen v. Office of Personnel Management in 2010, winning two district level decisions and one appellate victory, laying legal groundwork for today’s SCOTUS ruling.  GLAD also coordinated the massive amicus effort in support of Windsor, a case brought by the American Civil Liberties Union and the firm of Paul Weiss Rifkind, on behalf of Edith Windsor.

“Congratulations to our colleagues and friends at the ACLU, to Edie Windsor, to the American Foundation for Equal Rights, to the plaintiffs in Perry, and the people of California,” said Swislow. “Like our Gill and Pedersen plaintiffs, Edie was stung by discrimination.  She and her advocates have won an historic victory that will enable couples to better protect one another and their children.”

GLAD will be working in coming months on implementation, and will keep the community informed as legal issues are clarified.

Through strategic litigation, public policy advocacy, and education, Gay & Lesbian Advocates & Defenders works in New England and nationally to create a just society free of discrimination based on gender identity and expression, HIV status, and sexual orientation.

News

Gay & Lesbian Advocates & Defenders (GLAD), the legal organization that first brought marriage equality to the United States nine years ago, today hailed the Supreme Court’s historic decisions in Windsor v. United States and Hollingsworth v. Perry. In Windsor, Section 3 of the Defense of Marriage Act was struck down, and in Perry, the court ruled that the proponents of Proposition 8 did not have standing to appeal lower court rulings.

This means that all legally married same-sex couples will have access to all the federal protections afforded to legally married opposite-sex couples, and that California couples will likely have the right to marry, in accordance with the federal district court ruling.

The Court has removed the stain and the insult that is DOMA,” said Lee Swislow, GLAD’s Executive Director.  “This is an enormous victory and a joyous day for loving, married couples and their families – and for thousands of couples in California who will now be able to express their commitment through marriage.”

“Today, the Supreme Court affirmed that there should be no gay exception in how the federal government regards marriage.  If you are married, you are married,” said

Mary Bonauto, Civil Rights Project Director for GLAD, and lead counsel in the 2003 Massachusetts case Goodridge v. Department of Public Health, of the Court’s ruling against DOMA. “Married couples now come before the federal government as equals.”

Married couples from any state with questions about the immediate impact of the Court striking down DOMA can contact GLAD’s Legal InfoLine: 1-800-455-4523; or gladlaw@glad.org; or by live chat at www.gladlaw.org/rights/infoline-contact.

DOMA, which was enacted in 1996, barred all legally married same-sex couples from being recognized as married under federal law.  Its impact and damage has been far-reaching, touching on every area of federal law, from Social Security and family medical leave to immigration policy and tax-filing.

GLAD brought two multi-plaintiff challenges to DOMA, Gill v. Office of Personnel Management in 2009 and Pedersen v. Office of Personnel Management in 2010, winning two district level decisions and one appellate victory, laying legal groundwork for today’s SCOTUS ruling.  GLAD also coordinated the massive amicus effort in support of Windsor, a case brought by the American Civil Liberties Union and the firm of Paul Weiss Rifkind, on behalf of Edith Windsor.

“Congratulations to our colleagues and friends at the ACLU, to Edie Windsor, to the American Foundation for Equal Rights, to the plaintiffs in Perry, and the people of California,” said Swislow. “Like our Gill and Pedersen plaintiffs, Edie was stung by discrimination.  She and her advocates have won an historic victory that will enable couples to better protect one another and their children.”

GLAD will be working in coming months on implementation, and will keep the community informed as legal issues are clarified.

Through strategic litigation, public policy advocacy, and education, Gay & Lesbian Advocates & Defenders works in New England and nationally to create a just society free of discrimination based on gender identity and expression, HIV status, and sexual orientation.

News

Washington, DC – Today, the Supreme Court struck down a central part of the Voting Rights Act, invalidating crucial protections passed by Congress in 1965 and renewed four times in the decades since. The sharply divided decision will significantly reduce the federal government’s role in overseeing voting laws in areas with a history of discrimination against African-Americans.

We, America’s leading LGBT advocacy organizations, join civil rights organizations – and indeed, all Americans whom this law has served to protect – in expressing acute dismay at today’s ruling. Not only had Congress repeatedly reaffirmed the need for this bedrock civil rights protection, but authoritative voices from across America had filed amicus briefs urging the court not to undermine the law: the NAACP; the American Bar Association; the Navajo Nation; the states of New York, California, Mississippi and North Carolina; numerous former Justice Department officials charged with protecting voting rights; dozens of U.S. senators and representatives; and many others.

These varied and powerful voices attest to the self-evident reality that racial protections are still needed in voting in this country. As recently as last year’s elections, political partisans resorted to voter suppression laws and tactics aimed at reducing the votes of people of color.

Voting rights protections, which have long served our nation’s commitment to equality and justice, should not be cast aside now. The court has done America a grave disservice, and we will work with our coalition partners to undo the damage inflicted by this retrogressive ruling.

Center for Black Equity
CenterLink: The Community of LGBT Centers
The Consortium of Higher Education LGBT Resource Professionals
Equality Federation
Family Equality Council
Freedom to Marry
Gay & Lesbian Advocates & Defenders
Gay Men’s Health Crisis (GMHC)
Human Rights Campaign
Immigration Equality Action Fund
Lambda Legal
National Black Justice Coalition
National Center for Lesbian Rights
National Center for Transgender Equality
National Gay and Lesbian Task Force
The National Queer Asian Pacific Islander Alliance
Out & Equal Workplace Advocates
PFLAG – Parents, Families, & Friends of Lesbians and Gays
Pride at Work, AFL-CIO
Unid@s

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