SENATE SUBCOMMITTEE HELD HEARING IN FAILED ATTEMPT TO BUILD SUPPORT FOR EVEN MORE LAWS TO BAN SAME-SEX COUPLES FROM CIVIL MARRIAGE
The Senate Judiciary's Committee's subcommittee on the Constitution, civil rights and property rights held a hearing Sept. 4, 2003, convened by Sen. John Cornyn, R-Texas, to explore possible federal action to further codify the anti-gay Defense of Marriage Act of 1996. Both supporters and opponents approached this hearing in the context of calls to propose a Senate version of the Federal Marriage Amendment (H.J. Res. 56), a measure that would amend the U.S. Constitution to permanently define marriage in this country as being between one man and one woman. Despite Cornyn's efforts to steer the hearing away from the anti-gay constitutional amendment, each Democratic senator and each witness discussed the amendment.
Cornyn was the only Republican to attend and ask questions. All Democratic members of the subcommittee — Ranking member Sen. Russ Feingold, Wis.; Dick Durbin, Ill.; Edward Kennedy, Mass.; Patrick Leahy, Vt.; and Charles Schumer, N.Y. — attended and offered unanimous opposition to a constitutional amendment. Schumer and Durbin asked particularly pointed questions about amending the Constitution for the first time — other than the later-repealed prohibition amendment — to limit rights rather than expand them.
Democrats, who were permitted to call two of the six witnesses, called Keith Bradkowski and Dale Carpenter to testify before the subcommittee. Bradkowski gave compelling testimony about his relationship with his partner of 11 years who died Sept. 11, 2001, on American Airlines Flight 11. Feingold remarked that Bradkowski's story defined the issue and the hearing. Carpenter, a conservative law professor at the University of Minnesota and author of a Supreme Court brief opposing criminal sodomy statutes, provided expert legal testimony, emphasizing the importance of states' right to test public policy issues.
The Human Rights Campaign worked with Feingold's staff to prepare for the hearing and provided background information to each ally on the subcommittee. Prior to the hearing, HRC also held a press conference which featured families and couples who spoke out on the need for civil marriage rights for same-sex couples.
U.S. CONFERENCE OF CATHOLIC BISHOPS SUPPORTS ANTI-GAY AMENDMENT
The Human Rights Campaign expressed great disappointment at a statement issued Sept. 10, 2003, by the U.S. Conference of Catholic Bishops (USCCB), supporting the Federal Marriage Amendment, a bill proposed in Congress that would permanently deny same-sex couples the rights and protections of civil marriage.
"It is extremely disappointing and heart wrenching that the USCCB would engage in a political effort to deny fundamental rights and protections to same-sex couples and their families," said HRC Executive Director Elizabeth Birch. "Civil marriage is entirely separate from religious marriage. No one is trying to change the beliefs or traditions of churches. Same-sex couples are simply seeking the same rights and protections under the law that most Americans take for granted."
CALIFORNIA'S DOMESTIC PARTNERSHIP BILL HEADS TO GOVERNOR'S DESK
The California Assembly passed the Domestic Partner Rights and Responsibilities Act of 2003, A.B. 205, on Sept. 4, 2003, by a 41-32 vote, sending it to Gov. Gray Davis' desk. Davis has already pledged to sign the bill into law. A.B. 205 will provide couples who are registered as domestic partners nearly all the rights and responsibilities offered to spouses under state law, including the right to make funeral arrangements, the joint ownership of property, the ability to authorize medical treatment, financial support during and after a relationship and mutual responsibility for debts.
HRC AND OTHER HIV/AIDS ADVOCACY GROUPS MEET WITH HHS SECRETARY TOMMY THOMPSON
HRC Executive Director Elizabeth Birch and 29 other directors of HIV/AIDS advocacy groups met Sept. 8, 2003, with Health and Human Services Secretary Tommy Thompson to discuss concerns about the Bush administration's policies in the HIV/AIDS arena. While Birch echoed the comments of other groups (such as the need for greater prevention and treatment funding through the Ryan White Care Act programs), she focused HRC's comments on the ways that the current administration's policies are harmful to the GLBT community. Specifically, Birch touched upon the harms of abstinence-only education, the chilling effect that HHS audits of HIV/AIDS community-based organizations could have on HIV prevention, and the disappearance of complete information on condoms on the website maintained by the Centers for Disease Control and Prevention. HRC also submitted in-depth written comments for further consideration by the secretary and his staff.
ABSTINENCE-ONLY PROGRAM FUNDING BILL COMES UP FOR REAUTHORIZATION
The 1996 welfare reform bill allowed states to receive federal funding for abstinence-only-until-marriage sexuality education if they met eight criteria — one of which includes teaching "that a mutually faithful monogamous relationship in context of marriage is the expected standard of human sexuality activity." Research continues to demonstrate that comprehensive sexuality education, including abstinence and contraception, is most effective for youth because it teaches them how to protect themselves once they become sexually active. Further, with no state currently recognizing civil marriage for same-sex couples, any standard including "marriage" as a requirement is unrealistic for teaching gay, lesbian, bisexual and transgender youth.
Following a one-year extension in reauthorization of the bill, Congress is now taking up its reauthorization, which includes the abstinence-only program. HRC is working with coalition partners to have a senator offer an amendment that would promote flexibility in the type of sexuality education programs states choose to fund.
The Senate Committee on Finance approved the measure Sept. 10, 2003, by a 9-8 party line vote, sending it to the Senate floor. HRC will continue to monitor the progress of this bill and any possible amendments. Comprehensive sexuality education that teaches HIV prevention methods is crucial as the numbers of individuals who are HIV positive grow, especially for young men of color who have sex with men.
SENATE REJECTS AMENDMENT OFFERED BY SEN. SCHUMER TO INCREASE HIV/AIDS FUNDING FOR RYAN WHITE CARE ACT PROGRAMS
HRC voiced its strong support in a letter to key senators sent Sept. 2, 2003, for an amendment offered by Sen. Charles Schumer, D-N.Y., that would increase HIV/AIDS funding for all programs under the Ryan White CARE Act, including the AIDS Drug Assistance Programs (ADAP). The amendment, which was offered on the Labor, Health and Human Services appropriations bill, failed by a 44-53 vote on Sept. 10, 2003.
ADAP state programs provide needy individuals with HIV/AIDS drugs when these individuals cannot obtain these drugs through other means, such as private insurance or Medicaid. Unfortunately, the ADAP system is markedly under-funded. Currently, 15 ADAP programs are in serious trouble and waiting lists for drugs are common. Just two weeks ago, three individuals died while on an ADAP waiting list in West Virginia. HRC believes that proper funding can avoid such tragedies in the future, and this point was stressed in HRC's letter.
HRC has been actively lobbying for increased HIV treatment funds, particularly through the Ryan White CARE Act programs. HRC will remain vigilant for other opportunities to advocate for increased funding, particularly as the 2005 Ryan White CARE Act reauthorization process begins.
HRC AWARDS FISCAL YEAR 2004 EQUALITY FUND GRANTS TO 23 STATE GROUPS
The Human Rights Campaign announced Sept. 12 the awarding of its first round of Equality Fund grants in Fiscal Year 2004 to 23 state advocacy groups working for gay, lesbian, bisexual and transgender equality. In collaboration with HRC staff and volunteer support, these grants will help organizations nationwide advance GLBT equality and stave off anti-GLBT efforts, says HRC.
From thwarting anti-GLBT ballot measures in New Mexico to advancing relationship recognition in Maryland to ensuring the safety of public students in Florida, these grants will support the important work of state GLBT advocacy groups across the country," said Seth Kilbourn, HRC's national field director. "The partnership we've formed with these groups is a priority for us at the Human Rights Campaign, and we will continue to contribute staff support, volunteer time and important funds to groups fighting critical battles at the state level."
HRC FAMILYNET FORUMS IN NEW YORK, DALLAS AND BOSTON
The Human Rights Campaign Foundation's FamilyNet project is hosting a nationwide series of educational events about marriage, homeownership and other issues of concern to gay, lesbian, bisexual and transgender Americans. Three upcoming forums will be held in New York, Sept. 18, Dallas, Sept. 20, and Boston, Sept. 23.
Click here for more information on each forum .
CALIFORNIA: Upcoming Town Hall on AB 205
Now that Assembly Bill 205, the Domestic Partners Rights and Responsibilities Act of 2003, has passed the California Legislature and is poised to be signed by the governor, the time has come to learn more about this ground-breaking legislation and to celebrate it as an important step toward full equality for same-sex partners in California. The Equality California Institute and the Angle Foundation for Civil Rights will present a town hall on domestic partners Tuesday, Sept. 16, 2003, from 7 p.m. to 9 p.m. in the West Hollywood Park Auditorium. The event is being hosted in partnership with the Human Rights Campaign Foundation and the city of West Hollywood and is co-sponsored by a broad coalition of local and national organizations. Special guests will include Assemblymembers Jackie Goldberg and Paul Koretz. Notary publics will also be available to register domestic partners. Come find out what your rights are!
MICHIGAN: Successful Town Hall on Transgender Issues Held
HRC held a town hall meeting on transgender issues Sept. 9, 2003, in Ferndale, Mich. More than 50 people attended the event, held at the George M. Fadiga Community Pride Building. Panelists at the event discussed their personal stories as well as results of a national poll that HRC commissioned in 2002 on transgender issues. Panelists included Sally Green, HRC associate field director; J. Smith, HRC communications manager; Rachel Crandall, Academy of Certified Social Workers (ACSW) and male-to-female transsexual; and C.J., a transgender panelist. Co-sponsoring organizations included Transgender Michigan, the ACLU Michigan LGBT Rights Project, the Triangle Foundation, PFLAG Detroit and Affirmations.
MISSOURI: Kansas City Passes Domestic Partner Registry
Proponents of equality in Kansas City scored a major victory Aug. 29, 2003, when the City Council voted 11-1 in favor of creating a domestic partner registry for city residents and to extend sick and bereavement leave to city employees. The new registry will be maintained by the city clerk's office and allow thousands of couples in Kansas City to have access to benefits provided by outside organizations. Kansas City joins Jackson County and St. Louis as the only jurisdictions in Missouri with domestic partner registries. The sick and bereavement leave ordinances do not add any leave to existing employee benefits, but they do allow city employees to take that leave to care for their loved ones. HRC worked closely with a coalition of local groups including PROMO, the Four Freedoms Democratic Club and the KC Pride Democratic Club to encourage members to attend hearings, write letters to council members, and volunteer for phone banks and other efforts.
NORTH CAROLINA: Durham County Approves Domestic Partner Benefits
In an unprecedented 5-0 vote, the County Commission of Durham County, N.C., approved extending domestic partner benefits to same-sex partners of county employees. The vote follows a year of work and education from a local coalition of employees and citizens, coordinated by Equality North Carolina. HRC assisted the coalition through e-mail action alerts and through the impassioned testimony of local board of governor Cheryl Anne Welsh. HRC has just announced a $4,000 Equality Fund grant to Equality North Carolina for their continuing work with local coalitions to secure benefits in cities and counties across the state.
OHIO: Defense of Marriage Act Introduced in Ohio House
State Rep. Bill Seitz, R-Cincinnati, re-introduced the "Defense of Marriage Act" (House Bill 272) in the Ohio House of Representatives on Sept. 9, 2003. The text of the bill is identical to H.B. 234 from last year's legislative session, which passed the House by a 67-29 vote but failed to advance in the Senate. H.B. 272 would define marriage in Ohio as between a man and a woman, state that civil marriages between same-sex couples are against the strong public policy of the state, and prohibit recognition in Ohio of marriages between same-sex couples. The companion bill, Senate Bill 65, was introduced in early April but has not yet been referred to a committee. HRC will partner with Ohioans for Growth and Equality, the statewide LGBT political group, to defeat DOMA.
OHIO: HRC Announces Challenge Grant for Committee to Restore Fairness in Cincinnati
HRC announced a $20,000 challenge grant to Citizens to Restore Fairness, the campaign working to repeal Cincinnati's discriminatory Article XII — a city charter amendment passed in 1993 as Issue 3 that prevents the Cincinnati City Council from passing any laws to protect gay, lesbian or bisexual people from discrimination. HRC announced the grant at a fund-raiser for CRF on Saturday, Sept. 13, 2003, held at Neon's in Over-the-Rhine.
"HRC is proud to support Citizens to Restore Fairness with this challenge grant," said Seth Kilbourn, HRC's national field director. "Article XII is a clearly discriminatory provision in the city charter and for Cincinnati to thrive and prosper in the 21st century this provision must be repealed. CRF's efforts to repeal this discriminatory act, which has stood for 10 too-long years, is one of the most crucial fights around for Cincinnati and its fair-minded residents."
WASHINGTON: Equal Benefits Ordinance Introduced In King County
King County Executive Ron Sims introduced an ordinance on Sept. 4, 2003, backed by King County Council Chair Cynthia Sullivan, that requires contractors with the county to provide benefits to domestic partners of their employees equivalent with benefits provided to spouses of their employees. King County law prohibits discrimination based on sexual orientation and marital status and contractors with King County are already required to affirm that they do not discriminate based on sexual orientation or marital status. Members of the HRC Seattle steering committee provided research and assistance to the Committee for Enforceable Discrimination Laws, a King County group that worked on the proposal. The ordinance was modeled after similar legislation adopted by the cities of Seattle and Tumwater, Wash.; and Oakland and San Francisco, Calif. With more than 1.7 million people, King County ranks as the 12th most populous county in the nation.
WISCONSIN: Assembly Committee Votes on Anti-Gay Marriage Bill AB 47
The Assembly Judiciary Committee of the Wisconsin Legislature voted Sept. 11, 2003, on Assembly Bill 475, legislation that would explicitly ban civil marriage equality for same-sex couples. The committee unanimously approved A.B. 475, which will soon move to the full Assembly for a vote. Action Wisconsin is coordinating a lobby day, titled LEAD: Legal Action Equality Day, on Sept. 30 in Madison. Wisconsin residents who would like to participate in LEAD should click here to register.