By James Esseks, Director, ACLU Lesbian Gay Bisexual Transgender & AIDS Project at 9:47am
At long last (and after two years of ACLU litigation), many lesbian and gay former members of the military will be getting what they deserve: full severance pay regardless of their sexual orientation.
If you serve six years in the military and are then discharged involuntarily, Congress says you're entitled to separation pay to help ease your transition to civilian life. But the military had a policy – not required by any law – of cutting that separation pay in half if you're discharged, even honorably, for "homosexuality."
As 2012 draws to a close and I reflect on the historic year that was, one of the things that I am most proud of is the role that African Americans played in helping to bring the freedom to marry for committed and loving same-sex couples to my home state of Maryland.
By Dena Sher, ACLU Washington Legislative Office & Ian S. Thompson, ACLU Washington Legislative Office at 1:58pm
With Congress having recently approved this year’s NDAA, we think it is important to draw attention to a provision (Section 533(a)(1)), which, though hidden away, is unprecedented, sweeping, and could invite dangerous claims of a right to discriminate against not just lesbian, gay, and bisexual service members, but also women, religious minorities, and in the provision of health care.
Yesterday, the ACLU and the ACLU of New Mexico filed an amicus brief in Elane Photography, LLC v. Willock, an important antidiscrimination case pending before the New Mexico Supreme Court. Elane Photography is a wedding photography studio that advertises its services to the general public but refuses to take pictures for wedding or commitment ceremonies involving same-sex couples. New Mexico is one of 21 states (plus the District of Columbia) that prohibit businesses who hold themselves out to the general public from discriminating against customers based on their sexual orientation. But Elane Photography argues that the law cannot be applied to its services because – unlike the services provided by a restaurant or retail store – photography is a form of expression and forcing Elane Photography to provide services on an equal basis would therefore unconstitutionally “compel speech.”
By Ian S. Thompson, ACLU Washington Legislative Office at 4:41pm
On Friday, the Supreme Court agreed to hear Edie Windsor’s challenge to the discriminatory, so-called Defense of Marriage Act (DOMA). Despite the fact that Edie and her late spouse, Thea Spyer, were together for more than four decades and were legally married in Canada in 2007, DOMA required the federal government to treat the couple as legal strangers. When Thea passed away in 2009, Edie was forced to pay more than $363,000 in federal estate taxes that would have otherwise been zero had she been married to a man.
By James Esseks, Director, ACLU Lesbian Gay Bisexual Transgender & AIDS Project at 12:00am
Today the Prop 8 case (Perry) is being argued before the Supreme Court and tomorrow the ACLU will be there challenging the constitutionality of the Defense of Marriage Act on behalf of Edie Windsor....
Love and equality won nearly 54 percent of the vote in Washington on November 6th. In approving Referendum 74, the voters recognized that all committed, loving couples, gay and straight alike, should be able to marry under state law. And this Sunday, December 9th same-sex couples will get married in homes and courthouses across our state for the first time!
As Transgender Awareness Week 2012 (November 12-19) concludes, today we feature three of our heroic clients who’ve made our work to end discrimination against transgender people possible. Not only have our clients been willing to stand up against discrimination, but they’ve also taken on the challenge of teaching others – legislators, judges and the general public – what it means to be transgender and the challenges transgender people face. The following people have helped make our transgender rights work possible in the areas of employment discrimination and identification documents. The LGBT community has seen astounding progress, but a great deal of work still needs to be done to secure greater understanding and acceptance along with basic legal protections for transgender Americans for whom discrimination is still commonplace.
Thanksgiving and the year-end holiday season are right around the corner. During this time of year, families gather to eat together, laugh together and generally celebrate being together. In the past two years in Florida, those families have included gay men and lesbians who have adopted children and given them loving homes. But it hasn’t always been that way.
For 33 years, Florida law categorically banned gays and lesbians from becoming adoptive parents. As a result, many children who could have been placed in a loving, permanent home were denied that opportunity, spending years in the foster care system and in many cases, aging out without ever being adopted.
By Tyler Ray, ACLU Washington Legislative Office at 11:30am
For years, Rita Winters envisioned spending her golden years of retirement at her dream house in Southern Maryland. However, as a result of events outside of Rita’s control, her dream home placed her in a nightmare situation. Federal action is needed to stop the nightmare that Rita and millions others faced while attempting to achieve their dream of home ownership.