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Nov 3rd, 2009 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Chris Hampton, LGBT Project at 10:45am

Why ENDA Matters: True Stories of Anti-LGBT Employment Discrimination from the ACLU

Why ENDA Matters: True Stories of Anti-LGBT Employment Discrimination from the ACLU

(This post originally appeared on The Bilerico Project.)

To illustrate why Congress must pass the Employment Non Discrimination Act (ENDA), a federal law that would ban discrimination against lesbian, gay, bisexual, and transgender people in the workplace, we will be posting the firsthand accounts of people from across the nation who have been fired, refused a job, or harassed in the workplace because of their sexual orientation or gender identity. This summer the ACLU put out a call for stories, and these are just a fraction of stories we received.

Laura Elena Calvo of Portland, Oregon

From 1980 to 1996, I worked for the Josephine County Sheriff's Office in Grant's Pass, Oregon. At the end of my employment, I held the rank of Sergeant, although, during the course of my employment, I was promoted often and worked in a variety of capacities including as a S.W.A.T. team commander and a detective in both the Major Crimes Unit and the Narcotics Task Force.

During my 16 years at the Sheriff's Office, I received numerous commendations, including commendations for removing an automobile accident victim from a burning vehicle, delivering a baby alongside a roadway, disarming an armed man intent on harming himself, and for the expertise and diligence shown in a number of complicated criminal cases. I was named Deputy of the Year in 1994, and I also taught law enforcement classes at Rogue Community College and at the Oregon Police Academy.

Apart from a distinguished employment record and career in law enforcement, from my earliest recollection at about age four, I felt I was very different than other boys. I would have preferred to be born female.

In my late teens, I felt the need to express my female gender identity, and I began to cross-dress in private. In the day, this sort of thing was shameful, confusing and considered counter-social. I compartmentalized that part of my identity, keeping it a very well-kept secret. I went out of my way to be sure that, when I did express my gender identity, it was such that it was very unlikely it would be discovered. I rented a storage locker in another city and another county where I kept my cross-dressing items.

On Labor Day 1995, I was on duty in an extremely remote area of Josephine County searching for a fugitive when a police dog attacked me, penetrating the bones in my leg with its teeth. I suffered major blood and tissue loss, and my injuries required emergency surgery. After this incident, I was put on administrative leave until my leg could heal.

Roughly a month after this attack, the storage unit I rented in Medford, Oregon, was broken into and the contents stolen. I was notified of the theft and requested to file a police report. Since this storage unit contained only my female effects and belongings, I felt I could not report the crime because I would need to provide a list of the stolen property. I also assumed the items would never be recovered anyways.

However, within a week of the break-in, my immediate supervisor called me into the Sheriff's Office for a meeting. Instead of an office, I was brought into one of our interrogation rooms where I was informed that the Medford Police Department had recovered my stolen property alongside some railroad tracks. I was told that I was personally identified from very personal intimate pictures contained within the property and that these pictures had been seen by both Medford County and Josephine County officers.

I was told by my supervisor that the Sheriff felt that I would no longer be able to perform my duties because of the fact I had been discovered to dress as a woman and that it would be a big mistake to try to come back to work.

In the spring of 1996 after my leg had healed, I was ordered to travel to Portland for a psychiatric determination for fitness of duty. I went before a panel of doctors, selected by the Sheriff's Office, who determined I was not fit to return to work. I was informed that the Sheriff, in conjunction with the County's Risk Manager and Attorney, were in the process of putting together a settlement offer in return for my resignation.

The direct impact of the discrimination I experienced has been devastating on so many levels. I don't have a college degree or any other skills except law enforcement. I tried working as a school bus driver and driving a senior citizen bus, but found the work unrewarding. I contacted attorneys, but they said I had no legal protections. Had employment non-discrimination laws been in effect, I likely would have continued serving the citizens of Josephine County to this day.

William "Bart" Birdsall of Tampa, Florida

I was hired in 1997 as a teacher and then a school librarian and medial specialist for the School District of Hillsborough County in Tampa, Florida.

In July 2005, I was involved in protesting the dismantling of a gay pride book display at the local public library. I was quoted in the local paper saying that I was upset that the book display was prematurely taken down, both as a gay man and a school librarian.

The school superintendent was concerned that I was quoted in the paper and proceeded to have my behavior reviewed by the school district's Professional Standards Office. Professional Standards decided not to punish me for taking part in protests but warned me not to bring the issue into the workplace. I have always taken my work very seriously, and to have my professionalism called into question was hurtful and upsetting.

I continue to work as a school librarian and have always received satisfactory or outstanding marks on evaluations. I have lots of anger about the incident and my therapist says I show signs of post-traumatic stress.

If you want to learn more about the ACLU's work to support ENDA, check out the letter the ACLU sent to the House Education and Labor Committee. And please urge your Representative and Senators to support the bill.

Oct 30th, 2009 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Chris Hampton, LGBT Project at 4:39pm

Haunted by Claims that Churches Will Be Required to Perform Same-Sex Weddings? Don't Be.

Jim Nieves and Lisa Panensky of Elmsford, New York, had been planning a costumed Halloween theme wedding at the Old Dutch Church in Sleepy Hollow for over a year. But when they recently contacted the church to request that the organist play music from The Addams Family and The Munsters at the ceremony, the pastor backed out. Saying his church is no place for a “costume party,” he told the couple they couldn’t have their wedding there after all.

Nieves and Panensky are now scrambling to find a location for their wedding and say they may just have it at home. While we wish them well and hope their wedding plans work out okay, their situation brings to mind the big lie anti-gay activists tell when they say that if same-sex couples are allowed to marry, then churches will be forced to perform wedding ceremonies for same-sex couples. Churches don’t have to marry anyone they don’t want to. That’s guaranteed by the Constitution.

I personally think the Old Dutch Church missed out on a heck of a fun wedding, and so do churches that refuse to perform ceremonies for same-sex couples. But nobody is going to force any church to perform any wedding ceremony it doesn’t want to, and trying to scare the public by saying so is creepy, kooky, and altogether ooky.

Oct 19th, 2009 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Chris Hampton, LGBT Project at 11:05am

Why ENDA Matters: True Stories of Anti-LGBT Employment Discrimination from the ACLU

(Also posted at The Bilerico Project and Get Busy, Get Equal)

To illustrate why Congress must pass the Employment Non Discrimination Act (ENDA), a federal law that would ban discrimination against lesbian, gay, bisexual, and transgender people in the workplace, we will be posting the firsthand accounts of people from across the nation who have been fired, refused a job, or harassed in the workplace because of their sexual orientation or gender identity. This summer the ACLU put out a call for stories, and these are just a fraction of stories we received.

Laura J. Doty, Boise, Idaho
I was hired in April 1997 as an adult probation officer in Power County, Idaho. I was closeted except for my direct supervisor, who had no problem with my sexuality. It was a professional environment, and my peer reviews indicated I was respected and did a good job. I liked being able to help people overcome difficulties and improve themselves. I had letters of recommendation from the prosecuting attorney, a letter of recommendation from my direct supervisor, and positive reviews from a judge and the public defender.

In September of 1997, I ran into a co-worker from the county building at a store and introduced my partner to her. Two days later, the Power County Commissioners called me in and told me I was unhappy at work and I could quit or be fired. I said they would have to fire me.

After I was fired, I immediately called the Human Rights Commission in Boise, and they told me I had no basis to make a claim because sexual orientation is not a protected status. I was devastated because I considered myself a dedicated employee and hard worker. I cared about my probationers, and I worked very hard to help them succeed, whether in getting a GED or staying in a 12-step program.

My partner at the time was in graduate school, so we struggled financially after I lost the job.

Gypsey Teague, Pendleton, South Carolina
In 2002, I was hired as the branch librarian for the Oklahoma City Branch of Langston University, Oklahoma's only historically black university. I have both an MLS and an MBA and so, not only was I the library director, but I also taught classes in the business department.

In late 2004, after I had been successfully employed at the university for almost three years, I decided to begin the process of transitioning from male to female. The administration was very accommodating, both in supportive words and in providing generous leave, which made my transition very easy. I spoke with the campus director, my library director, and the Vice President of Academic Affairs. All three were helpful, and promised to support me and help in creating a smooth transition. I was pleased, but not surprised, to find that this historically black university understood issues of diversity. With their encouragement, I took an extended vacation over the Christmas holiday to finalize my transition. When I returned, I conducted myself as a woman, professionally and properly dressed at all times, and afforded myself of the bathroom of my new gender. Things went extremely well, and I felt that success in both my professional life and my personal life.

I went to a professional conference in February 2005. When I returned, I was stunned to learn that a student had circulated a hate-filled petition calling for my removal from campus, and had posted offensive flyers around the campus. Various reasons were cited, but all were related to my transgender identity. I never saw the actual petition but there were over 100 copies circulated throughout the small campus building. I spoke with the campus director, and asked for his assistance in removing the offensive flyers. I was stunned to hear him say that the student had a right to freedom of speech, and that he could and would do nothing. In fact, when other students also complained about these hateful flyers as being inappropriate, he went so far as to support the right of the students to pass out the flyers.

The very next day, the campus director issued a rule that all faculty and staff must use the bathrooms in the break room, at the other end of the building, and not the student bathrooms across the hall from the library. Surprised by this, I noticed that none of the other faculty were adhering to this policy. When I mentioned this to the director, he told me that he could not control the actions of all faculty and staff, but that I would adhere to the policy or be disciplined.

The petition-circulating student, encouraged by the administration's failure to support me, circulated another petition, this one stating that God wished me dead, and expressing the hope that something to this effect should happen. I spoke to several high-level administrators, who I was sure would see reason at this point. Instead, they told me my concerns were unwarranted, and to stop causing drama. Then, suddenly and surprisingly, my teaching schedule for the summer was changed to the late-night 7:30-10:00 p.m. time slot. This meant I would be the last instructor to leave the building, and I would have to exit into an empty parking lot in a dangerous section of the city.

I decided to apply for a job at another college, even though it would require relocating. In May 2005, I left Langston University and accepted a position as branch head of the Architecture Library at Clemson University in South Carolina. Having to relocate was difficult because my mother was in a nursing home in Oklahoma and she passed away there before I could return to see her.

Had the administrators who were charged with my welfare stood up and supported me in the face of mean-spirited prejudice, I think I would have been able to stay and to prosper. When they failed to take decisive action, I was forced to choose between my safety, both emotional and physical, and my job.

To learn more about the ACLU's work to support ENDA, check out the letter the ACLU sent to the House Education and Labor Committee. And please urge your Representative and Senators to support the bill.

Tags: enda

Sep 14th, 2009 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Chris Hampton, LGBT Project at 12:22pm

Schooling Schools on LGBT Student Rights

As students across America return to classes, we at the ACLU are preparing to help with yet another school year of defending LGBT students from censorship, harassment, attempts to block them from forming Gay-Straight Alliance clubs, and other types of discrimination. While nobody loves doing homework, LGBT students might find it’s pretty useful to do a bit of research about what their legal rights are in school and how they can stand up for themselves. To help with that, we have lots of information available online.

You might just want to start off at the Youth and Schools section of our website, or head directly to the Library, our collection of LGBT student resources from the ACLU and other organizations. Know Your Rights! A Quick Guide for LGBT High School Students provides a good basic overview of LGBT students’ rights. There’s a printable PDF version at that link too, in case you want to make handouts for a GSA meeting or the school counselor’s office.

Among the many resources you’ll find at our Library is a series of open letters to school officials. All of these also have nice printable PDF versions on ACLU letterhead, so you can print it out and give it to the principal or whatever official at your school needs a gentle reminder of his or her legal obligations. Check out our letter to school officials about GSAs, our letter to school officials about censoring LGBT-related speech (or T-shirts, or armbands, or whatever they may be trying to censor), our letter about students’ right to participate in Day of Silence, and a couple of different letters about prom (or homecoming, or any other school dance or event where students are allowed to bring dates).

There’s much more available at our Library page — training manuals, links to other LGBT youth organizations, information on ACLU LGBT student rights cases, and more — so do take a look at it, there might just be something really helpful there for you. Student activists, parents, and teachers who are just starting out and want to make big changes at their schools — like how to get an anti-harassment policy passed or how to start a GSA from scratch — should also check out the schools section of our Get Busy, Get Equal toolkit.

You might find everything you need on our website, but if you don’t you can always contact us for help or advice. Remember: You have the right to be yourself!

Jun 12th, 2009 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Chris Hampton, LGBT Project at 11:39am

Got Milk? Why, Yes, We Have Harvey Milk

Yesterday morning, a sixth grader in California gave a report in one of her classes. That might not sound like terribly exciting news, except that the report was about Harvey Milk, and the student only got to give her report after the ACLU threatened her school with a lawsuit for censoring it.

Natalie Jones, a sixth grader at Mt. Woodson Elementary School in Ramona, California, had been given a class assignment to write a report on any subject she wanted. Natalie got a score of 49 out of a possible 50 points on her report about the gay civil rights icon. Students were then told to make PowerPoint presentations about their reports, which they would show to other students in the class. Natalie put together a 12-page presentation on Milk that you can view here.

But the day before Natalie was to give her presentation she was called into the principal's office and told she couldn't do so. Then the school sent letters to parents of students in the class, explaining that Natalie's presentation was being rescheduled for a lunch recess and that students could only attend if they had parental permission due to the allegedly “sensitive” nature of the topic. School officials tried to justify all of this by claiming Natalie's presentation triggered the school's sex education policy.

Please note that by playing this clip YouTube and Google will place a long-term cookie on your computer. Please see YouTube's privacy statement on their website and Google's privacy statement on theirs to learn more. To view the ACLU's privacy statement, click here.
After the ACLU threatened to sue them for violating the First Amendment as well as the California Education Code, school officials finally backed down. Natalie has received a written apology, and school officials sent a letter about that apology to all the parents who got the original “warning” about the presentation. The school also agreed to bring its sex education policy into compliance with state law, and acknowledged that the mere mention of a person's sexual orientation isn't enough to invoke sex education policy. And perhaps most important of all, Natalie gave her presentation to the entire class Thursday morning.

Natalie's mom Bonnie tells us it went really well. She's terribly proud of Natalie, and we are too. But I suspect Harvey, if he were around today, might be proudest of all.

CORRECTION: The title has been amended to better clarify the subject of the this blog post.

Tags: video

May 19th, 2009 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Chris Hampton, LGBT Project at 5:31pm

Taking On Web Censorship in Tennessee Schools

You may recall last month when the ACLU First Amendment Working Group, the ACLU LGBT Project, and the ACLU of Tennessee first started schooling some school districts in Tennessee for using web filtering software that illegally blocked dozens of LGBT rights nonprofits and other informational sites — while so-called "reparative therapy" (pray away the gay!) websites were wide open to student surfing.

We first found out about the web filtering software mess from Andrew Emitt, a student in Knoxville who discovered the problem while trying to search for something so horrifying, so filthy, so shocking — no, actually, it wasn't at all like that. He was looking for scholarship information for LGBT students.

Well, the schools never fixed the problem, so today we're taking them to court on behalf of four people (three students and a school librarian) in Knoxville and Nashville. Here's one of our plaintiffs, Bryanna Shelton, and her mom, Angie Wright, explaining why:

Please note that by playing this clip You Tube and Google will place a long-term cookie on your computer. Please see You Tube's privacy statement on their website and Google's privacy statement on theirs to learn more. To view the ACLU's privacy statement, click here.

About 80 percent of Tennessee public schools, including those in the Knox County and Metro Nashville districts, use filtering software that blocks sites it categorizes as LGBT. Tennessee law requires that schools use Internet filtering software, but that law is meant to protect students from information that is obscene or harmful to minors. However, the LGBT filter category does not include material that is sexually gratuitous. That kind of content is filtered through the "pornography" category.

Meantime, students aren't blocked from websites about so-called "reparative therapy," a practice that purports to "cure" LGBT people — something that the American Psychological Association, the American Academy of Pediatrics, the American Medical Association, and the National Association of Social Workers all say can be VERY harmful to students.

Take a moment to look at these sites like GLSEN, PFLAG, GSA Network, Religious Coalition for the Freedom to Marry, HRC — all sites that are blocked in as many as 107 school districts in Tennessee. Now you tell me: Does that look like porn to you?

Didn't think so.

CORRECTION: A previous version of this post stated there were five plaintiffs in this case. That was incorrect. There are four.

May 6th, 2009 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Chris Hampton, LGBT Project at 5:29pm

McDonald's Eats a Super-Sized Order of its Own Words in Kentucky

Nine months after an employee at a McDonald's restaurant in downtown Louisville called a group of gay customers a series of anti-gay slurs – and after the ACLU intervened on the victims' behalf – we're happy to announce today that McDonald's has agreed to a cash settlement and diversity training for management at 30 of its Louisville-area restaurants.

Ryan Marlatt, Teddy Eggers, and three other friends had stopped for lunch at a McDonald's restaurant on East Market Street last July while visiting Louisville for the weekend. While they waited for their food to be prepared, an employee behind the counter referred to them as "faggots" to another employee. When Marlatt and Eggers objected to the slur and asked to speak with a manager, the employee who had called them "faggots" started arguing with them, repeatedly calling them "faggots" in front of other customers and calling one of them a "cocksucker" and "bitch." Here's a video of Ryan and Teddy telling the story of what happened to them:

Please note that by playing this clip You Tube and Google will place a long-term cookie on your computer. Please see You Tube's privacy statement on their website and Google's privacy statement on theirs to learn more. To view the ACLU's privacy statement, click here.
The supervisor on duty refused to refund the group's purchase, and after Ryan attempted several times in the following weeks to contact both the general manager of the McDonald's and the corporate offices with no results, he called the ACLU. We filed a complaint with the Louisville Human Relations Commission. With the public and the commission's eyes on them, McDonald's finally backed down, agreeing to school its managers on Louisville's anti-discrimination law and offering Ryan and Teddy $2,000 each, which they accepted. Originally, Ryan and Teddy had only asked for $28, the cost of the meals they and their friends bought on the day they were verbally abused. Would have been much cheaper and easier for them to just apologize and maybe tell their staff not to call paying customers "faggots," don't you think?

Apr 29th, 2009 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Chris Hampton, LGBT Project at 3:56pm

New LGBT Prom Resource for Students

Prom season is in full swing, and we at the ACLU are seeing an uptick in calls and emails from students whose schools have either tried to stop them from bringing same-sex dates or tried to enforce rigidly gender-stereotyped dress codes. Both are illegal. As Deb Price of the Detroit News pointed out in her column today, the ACLU affiliates in both Ohio and Mississippi have recently gotten schools to back down from discriminatory prom policies. Now the ACLU LGBT Project has created a new resource to help LGBT students take fight for their legal right to enjoy prom into their own hands.

At our new LGBT prom resource page, students can find two new ready-to-print letters to school officials. If school administrators are standing in the way of your special night, you can print one of these letters, hand it over, and ask them to reconsider their policy. The first letter addresses school bans on bringing same-sex dates to prom. The second letter addresses schools that ban girls from wearing tuxedos, the complaint we get most often when it comes to prom dress codes. Both letters as well as some additional information are online at /lgbtprom.

We can often help LGBT students with similar prom dress code issues as well, such as transgender girls being told they can’t wear dresses, so if that’s happening to you — or if you’ve tried one of our letters and the school isn’t backing down — please let us know!

Feb 3rd, 2009 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Chris Hampton, LGBT Project at 5:14pm

Tell Three: Because Coming Out Is Not Enough

For those of us who work for equal rights for lesbian, gay, bisexual, and transgender people, it’s been clear for years now that we are slowly but surely getting closer and closer to attaining equality. Thanks to the Lawrence v. Texas decision five years ago, our intimate relationships can no longer be outlawed. Many state and local governments ban discrimination against LGBT people, hundreds of major corporations offer domestic partner protections to their LGBT employees, and many other advances have been made.

But it’s just as clear that we still have a long road ahead of us. In the last election, California voted to get rid of marriage rights for our community; 29 other states have done the same. LGBT people still get fired from their jobs just for being who they are, young people still get beat up in school for seeming "queer" while school administrators do nothing about it, and in some states, same-sex couples can't foster or adopt while children in need go without homes.

LGBT visibility has brought a lot of progress, but being out and visible just isn’t enough. What we’ve learned from social science research is that the thing that most changes people's hearts and minds and gets them to support equality is having had meaningful, detailed conversations with LGBT people about what our lives are really like.

That’s what Tell 3 is all about. Tell 3 is a campaign we just launched in partnership with Join the Impact; Equality California; the Equality Federation; Freedom to Marry; the National Gay and Lesbian Task Force; the National Center for Lesbian Rights; and Parents, Families, and Friends of Lesbians and Gays to encourage LGBT people and their supporters to have three conversations with friends and family to help build support for LGBT equality.

Please note that by playing this clip You Tube and Google will place a long-term cookie on your computer. Please see You Tube's privacy statement on their website and Google's privacy statement on theirs to learn more. To view the ACLU's privacy statement, click here.

So check out the Tell 3 website, where we have suggestions about what to talk about, ideas about who you can talk with, resources and more. Who are you going to tell?

Tags: video

Oct 17th, 2008 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Chris Hampton, LGBT Project at 4:42pm

Proposed AR Anti-Gay Parenting Ban: No, Seriously, What About the Children?

Anti-gay marriage bans have certainly gotten a lot of attention this election cycle, but there's one other state law on the ballot to which LGBT people should be paying attention.

If passed, Initiated Act 1 in Arkansas would ban anyone - gay or straight - who lives with a partner he or she isn't married to from fostering or adopting children. Child welfare professionals agree that blanket bans like this only harm children by reducing the pool of potential homes. The proponents of this ballot question originally presented it to the public as if they were all about protecting children too.

But as more and more pediatricians, psychologists, social workers, former foster children themselves, and other groups that really DO care about children come forward against the ban, the increasingly unhinged remarks of representatives of the ballot question's proponents show what Initiated Act 1 is really about. In every interview they've given lately, the ban's proponents have painted the groups opposed to the ban as part of the "gay agenda." So who are some of the groups behind this supposed big gay conspiracy?

Wow! Whatta bunch of radicals, right?

The coalition opposing Initated Act 1, Arkansas Families First, has just released this video that tells you a little more about their efforts.

If you get an error message while attempting to view this clip, please reload the page or press F5.
Please note that by playing this clip You Tube and Google will place a long-term cookie on your computer. Please see You Tube's privacy statement on their website and Google's privacy statement on theirs to learn more. To view the ACLU's privacy statement, click here.

Initiated Act 1 came about in response to a case the ACLU won in 2006 in which we challenged an anti-gay foster care ban. The Arkansas Supreme Court ruled unanimously that the ban was unconstitutional because it wasn't in the best interest of the state's children. Anti-gay activists then tried to push a parenting ban through the state legislature last year, and when that failed, they proposed the ballot initiative.

Let's get real here. Initiated Act 1 is about one thing and one thing only: anti-gay sentiment at the expense of children in need. Denying couples the chance to provide homes to children who need them when there are between 450 and 500 Arkansas children who need adoptive homes at any given time is not just irresponsible. It's reprehensible.

In addition to the video above, Arkansas Families First has produced a short television commercial that it hopes to get on the air throughout Arkansas. They - and Arkansas's children - sure could use your help in getting the word out. Please visit their website to see how you can help.

Want to learn more about the rights of LGBT parents and their children? Visit the ACLU LGBT Project’s online toolkit, Get Busy, Get Equal!

 

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