Last week, the Atlanta Police Department moved another step toward strengthening its relationship with the LGBT community in the city. The department recently named the nine members of the local LGBT community to sit on a new advisory board for the department’s recently assigned LGBT liaison. The intent of the board is to team with the police to identify and resolve issues between the department and the community.

HRC was excited to learn that Molly Simmons, an outstanding volunteer that sits on our Board of Governors, was among those chosen to sit on the 9-member board. Molly’s experience as a former police officer and as an established leader in our community will be a great asset to the board and we know that she will continue to be a positive force for the LGBT community in Atlanta.

You can read more about the LGBT liaison or the advisory board here and here.

District meetings with targeted members of Congress are a critical part of our field work as they’re an opportunity to show members of Congress that we as a community mean business.

We recently met with Sonia Barnes, the district representative for U.S. Representative Bob Etheridge.  This was our second meeting in North Carolina. The meeting was a success, and could not have been so without the amount of people who graciously lent us their time as well as their stories.

Included in this group was HRC Governor and Steering Committee member Madeline Goss, who shared her powerful story regarding her gender transition in the workplace. Once Madeline had decided to transition, she went and spoke with her HR director to explain her decision.  She was concerned that her position as an engineer at the company would not be secure. Initially, the company could not guarantee that Madeline’s transition would not affect her employment. After doing some research, Madeline found that her company did have a non-discrimination policy in effect that prevented her from being fired on the basis of her gender identity.  Policies like these exist to protect people like Madeline, who are brave enough to be true to themselves day after day while heading into work, unsure whether or not they will be fired at any moment. Sadly, for millions of Americas these protections don’t exist. They are forced to choose between their jobs and being themselves.

Ian Palmquist, the executive director of the statewide LGBT civil rights organization Equality North Carolina, also joined us for the meeting. Ian shared about his partner who was fired for filing a complaint of workplace discrimination. Ian’s partner is just one of the hundreds of victims of workplace discrimination that have contacted Equality North Carolina.

Also attending was Sarah Preston, Policy Director of the ACLU, and Gary Palmer, a representative from the Replacements Limited company. Palmer spoke powerfully about of the effects that discrimination has on LGBT youth and about ending discrimination for the next generation.

Jake Wheeler, an Intern with HRC, also spoke on the effects of discrimination on LGBT youth.  Wheeler has witnessed firsthand the hardship that goes along with being a young gay man looking for a job in today’s economy.

I think our stories truly touched Sonia Barnes. We asked her to thank Rep. Etheridge for voting for the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act. I also took a moment to ask Sonia which way she thought Rep. Etheridge was going to vote on ENDA.  The fact that she could not give our group a definite answer made one thing clear to us; we have more work to do.

When Dave Mejias was elected to the Nassau County Legislature in 2003, he became the first Latino to serve in that body (his parents are Cuban and Ecuadorean).

He was re-elected in 2005 and continues to represent a district whose Latino population is growing rapidly.

Now running for state Senate, Mejias could make history again by beating a 20-year incumbent in this swing district and becoming the tipping-point vote for marriage equality.

During a recent discussion with Mejias, I was impressed with this religious man’s passionate support for marriage equality and his enthusiasm and focus on running a  winning campaign.

Last week, members of the Charlotte community and I met with the Legislative Correspondent of U.S. Representative Larry Kissell from the 8th District of North Carolina to talk about supporting the Employment Non-Discrimination Act, a bill to ban workplace discrimination on the basis of gender identity and sexual orientation. Kissell voted in favor of the the hate crimes law, which passed last year, and voted to repeal “Don’t Ask, Don’t Tell.” We were excited to meet with Kissell’s team to remind him of the importance of passing ENDA and let him know that our community cannot afford to take things for granted at this critical time in the fight for equality.

Our diverse group included Randy Floyd, Co-chair for the local HRC Steering Committee and Roberta Dunn, a leader in the local transgender community who sits on the steering committees of HRC and the Mecklenburg Gay and Lesbian Political Action Committee (MeckPAC).

Jennifer Roberts, the Chairwoman of the Board of County Commissioners for Mecklenburg County, was there with constituent and straight ally Jacqueline Galante.

Everyone at the meeting shared stories about workplace discrimination in Charlotte with Legislative Correspondent John Trippi. The staff in Kissell’s office were told about a transgender woman who worked as a mechanic for the city in the Department of Auto Maintenance that lost her job shortly after letting her supervisor know of her desire to begin transitioning. They also shared a story about a grade school teacher who was fired once parents got wind of her sexual orientation and called the principal.

Roberts spoke to the staff about the economics and family benefits of ENDA. She talked about Mecklenburg County passing an employment non-discrimination policy five years ago that did not protect transgender people. This past December, MeckPAC and Roberts teamed up to pass domestic partner benefits and this year they teamed with Mayor Anthony Foxx and City Manager Curt Walton to create a non-discrimination policy in Charlotte. They are still working to include gender identity in the policy.

Charlotte is an up and coming city and there have been great strides to improve the livelihood of the LGBT community, but there is still much more work to be done. I hope that everyone will contact their lawmakers tell them to support and pass ENDA.

Visit our Pass ENDA Now website to find out more about ENDA and contact your members of Congress at countdown2010.hrc.org.

Today, the Texas Court of Appeals for the Fifth District, located in Dallas, ruled that a same-sex couple that had married in Massachusetts could not legally seek a divorce, following their move to Texas.  The case,  entitled In re the Marriage of J.B. and H.B.,  was appealed by the state following a victory in the lower court in which the judge had granted the two men a divorce and declared Texas’ mini-Defense of Marriage Act (mini-DOMA) as violating the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution.  The state argued that since Texas did not recognize the men’s marriage as valid, they were not eligible for the remedy of divorce.  Specifically, Texas claimed that the courts did not have jurisdiction, or the right and power, to even hear the case and thus it should be dismissed.

The Appeals Court looked to the language of the Texas mini-DOMA in deciding that it was clear that the legislature intended to declare same-sex marriages illegal and thus the court could not acknowledge their existence, even for the purpose of granting a divorce from a legal marriage in another state.  The court denied the principle of comity, which requires that courts in one state give effect to the laws of another state, stating that it would not extend comity to other states, if doing so would violate Texas public policy.  The court rejected rulings from other states, including New York, which allowed such divorces, even though same-sex couples may not yet legally marry in New York.  It also stated that there was no fundamental right to same-sex marriage and that sexual orientation was not a suspect classification, denying that the mini-DOMA in Texas violated the Fourteenth Amendment.  This ruling stands in sharp contrast to that issued by Judge Walker in the California Prop 8 decision, Perry v. Schwarzenegger, which held that such a right existed and that sexual orientation should be protected as a suspect class. 

A second Texas case, in which a judge in Austin granted a divorce to a lesbian couple, is likely to be appeal by the State to the Texas Court of Appeals for the Third District, with one or both of these cases potentially winding up in the Texas Supreme Court.

The Texas case is but one decision in an ongoing judicial debate across the nation regarding how much deference states with no relationship recognition or even explicit laws on the books which deny any rights at all to same-sex couples must accord those states which allow such partnerships.  Returning to the state that issues the marriage license is not an option for most couples as all states currently have a residency requirement for divorce. Generally, at least one half of the couple must live in the state six months or more in order for the state to grant a divorce.  Relationship termination is an essential part of allowing both individuals to move on with their lives. Until the federal Defense of Marriage Act is repeal by Congress or struck down by the Supreme Court, couples will continue to be vulnerable during the most difficult period in their relationship.

“My daughter has risked her life in Afghanistan, in Iraq, and has a high security clearance from the United States government. We are her family and we accept her, why can’t the United States military?” a mother asked me bright and early Saturday morning.

I was surrounded by booth after booth celebrating the diversity of Manchester, NH at the fourth annual People Fest in Veteran’s Park. People Fest is an incredible open air festival that brings together the many cultures of the area, from its early Irish settlers to the French Canadian and Lebanese populations (to name a few) that have grown and prospered over the decades.

With the sounds of traditional Native American drums as a backdrop, I listened to the story of a woman from a small town in New Hampshire who was too afraid of jeopardizing her daughter’s celebrated military career to get involved in our campaign to repeal Don’t Ask, Don’t Tell beyond signing a petition.

Amidst the celebrations and festive music, I realized; we have so much more to do.

Luckily, People Fest was the right place to be. With the help of Mary Lou Paquette, a twenty year veteran who has been a powerful voice in New Hampshire, and Zandra Rice Hawkins, Executive Director of Granite State Progress, we gathered more than 120 petition signatures to Senator Judd Gregg asking for the repeal of Don’t Ask, Don’t Tell this year at this fantastic local event.

That night, with the dedication of super volunteers Tom Lavalley and Joshua Bedard, we more than doubled our efforts by pounding the pavement the old fashioned way. We heard more stories, got more signatures, and listened to more messages as they were left on the voicemail of Senator Gregg’s Manchester office.

Hopefully, by this time next year, the woman I met Saturday morning, and the hundreds of supporters I have spoken to over the last months will be able to take a sigh of relief, and reflect upon the fact that we did it. We made history. We will repeal Don’t Ask, Don’t Tell this year, but only with your continued support.

Zandra from Granite State Progress

We are so close to this historic vote, and there is no way that we’re going to let up the pressure now. Please join us Tuesday, August 31, 2010 at 4 Park Street in Concord at 5:30 p.m. to make calls to make the difference. This is the last leg, and we need you now more than ever!

Please contact Christine Sloane at Christine.Sloane@hrc.org for more information.

The following is from HRC Associate Director of Diversity Donna Payne:

Donna Payne speaking at the "Reclaim the Dream" rally

On Saturday, August 28, Rev. Al Sharpton’s National Action Network came together with other civil rights organizations to celebrate the anniversary of Dr. Martin Luther King’s “I have a dream” speech.  The backdrop of that celebration however was around the Glenn Beck and the Tea Party sponsored rally in the same place that Dr. King spoke in 1963.  Their event did not stop the civil rights organizations from commemorating that day as they have done for the past 47 years.  Rev. Sharpton led the way to celebrate at the “Reclaim the Dream” Rally/March.  Inclusion has always been first with the National Action Network, so LGBT civil rights organizations were asked to participate.  HRC along with the National Gay and Lesbian Task Force and the National Black Justice Coalition came together to support the march and I was proud to be a speaker for the LGBT community. 

The morning started with a religious gathering given by One Nation Working Together and the Leadership Conference on Civil Rights (LCCR).  The Interfaith program gave you the feel of how the elder civil rights leaders would start out the march by having prayer and singing together.  One Nation Working Together is a broad range of civil rights, labor, faith, immigration rights, and progressive organizations.  They will be leading a march on the Mall on Oct. 2, 2010 and all of the LGBT organizations will participate. 

Payne with Rev. Al Sharpton

The rally began at 11am at Dunbar High School and followed by a march to the new site of the MLK Memorial.   The important thing to remember is that the LGBT civil rights movement is working with their allies to keep the commitment in fulfilling the dream.  We want an equal playing field that grants everyone access to education, healthcare, employment, and liberty and freedom.  We also come in memory of one of our own – Bayard Rustin, an African American openly gay man who was a trusted adviser to Dr. King and the architect of the historic 1963 march on the mall. 

Payne’s remarks as prepared for the event follow:

My name is Donna Payne and I am here today representing the Gay, Lesbian, Bisexual and Transgender community.  I am here as an African American lesbian– we are here together, Natl Gay and Lesbian Task Force, the Natl Black Justice Coalition and the Human Rights Campaign because we want to renew our commitment in fulfilling the dream.  We may occupy a different room being that we are gay or lesbian, but we all live in the same house.   When injustice knocks, it’s the same door for all of us.  BUT when we stand together, we build a world that gives everyone equal access.  That is why I am here.

It is an honor to stand in solidarity with other activists.  Reclaiming the Dream today strikes the same fire inside our soul of what Dr. Martin Luther King wanted for us all.  An equal playing field that truly grants everyone access to education, health care, employment, and liberty and freedom.  Our participation in the civil rights movement is nothing new. In fact, many of you know that Bayard Rustin, an African-American openly gay man, was a trusted advisor to Dr. King and the architect of this historic march that we’re here to commemorate today.   Lesbian, Gay, Bisexual, and Transgender people have been and will continue to be actively engaged in the fight for justice and socioeconomic equality.  Our support is not about “just us”- lgbt equality, but about JUSTICE for all of us.  We were there 47 years ago and we will be with you in the future.  

Our united front is an unstoppable force and we will honor Dr. King’s memory by working together to “Reclaim the Dream” for all of us!

Today is the last day for public comments on proposed federal regulations requiring all hospitals receiving Medicare and Medicaid funding to adopt policies that protect the visitation rights of all patients, including LGBT people. As you’ll recall, in April President Obama issued a memorandum directing the Department of Health and Human Services (HHS) to take action to address discrimination against LGBT people in healthcare, particularly with regard to hospital visitation and medical decision-making. A draft regulation was issued in June and open for two months of public comment. After reviewing the comments, HHS will issue a final rule, which we understand will be published later this fall and go into effect at the beginning of next year. HRC staff reviewed the draft regulation and today submitted comments supporting the new rule and outlining ways in which it could be improved and strengthened.

Our comments are part of HRC’s ongoing efforts to address issues facing LGBT people in our nation’s healthcare system through advocacy in Washington, as well as education around the country. In June, HRC issued its latest Healthcare Equality Index, a review of the policies of healthcare facilities with regard to LGBT patients and families. The HEI 2010 rates 178 facilities from across the country, highlighting 11 Top Performers in four key policy areas: patient non-discrimination, visitation, cultural competency training and employment non-discrimination. Read the report and search for rated facilities near you at hrc.org/hei.

Last week, the Pentagon sent out 150,000 surveys to the heterosexual spouses of service members for their opinion on a repeal of “Don’t Ask, Don’t Tell”. With this family survey now in the field, our friends at Servicemembers Legal Defense Network, will release a letter each day this week from family members and spouses of former service members impacted by DADT. As the Pentagon reaches out to 150,000 straight couples on how their lives are impacted, these letters will share the perspective of those forced to serve under this law alongside their loved ones.

Wrapping up this week’s letters, we hear from Angela Trumbauer. Angela’s brother is decorated Air Force pilot Lt. Col. Victor Fehrenbach, who faces the threat of discharge under DADT:

August 27, 2010

Hon. Jeh C. Johnson
General Counsel, U.S. Department of Defense
Co-Chair, Comprehensive Review Working Group

General Carter F. Ham
Commanding General, U.S. Army Europe
Co-Chair, Comprehensive Review Working Group

CC:
U.S. Sen. Carl M. Levin
Chairman, Senate Armed Services Committee

U.S. Sen. John S. McCain
Ranking Member, Senate Armed Services Committee

U.S. Sen. Joseph I. Lieberman
Member, Senate Armed Services Committee

Dear Mr. Johnson and General Ham:

My name is Angela Trumbauer.  I am an Air Force enlisted veteran.  I was born and raised in a family of 8 children by my father, a retired Air Force officer (deceased 1979), and my widowed mother, a former Air Force officer, who just turned 78 years young this month.  I am married to a retired Air Force Senior Master Sergeant.  My stepson is an active-duty Air Force Technical Sergeant.  My brother is Lt. Col. Victor Fehrenbach, a highly decorated 19-year Air Force officer.  I hail from the “military family” in every sense.

Over Victor’s military career, our family had limited opportunities to see and spend time with him.  He came home to Ohio for visits once or twice a year, usually over the Thanksgiving or Christmas holidays.  I took my kids to visit him at his assigned Air Force Bases a few times over the years.  We prepared and sent him care packages when he was deployed to Iraq.  Vic sent me care packages when I was stationed in Greece years ago, while he was still a high school student.  Reflecting back, I never gave much thought to his short 2-3 day trips home or the seemingly strained nature of the visits.  All that changed in May, 2009, however, when my brother was forced to reach out and seek our family’s support in the most difficult battle of his life – fighting against his discharge under “Don’t Ask Don’t Tell.”

The revelations that have come to light and emotions evoked throughout the past year have brought a great sense of loss and heartache to our family, not unlike that experienced in grief and death.  It saddened me deeply to realize that my single, younger brother could never enjoy a close personal relationship, free from fear of persecution or harassment, throughout his near 20 years serving.  His family back home was free to enjoy wonderful family relationships with their spouses and children, but Vic was never to experience that same freedom and privilege while in uniform.  I often wonder how alone or lonely he must have felt all those years, especially when he couldn’t even share his personal struggles with his very own family.

I recently took the opportunity to ask my brother who he would like us to notify in the event of an emergency or upon his death, after I realized he had no one else to confide in.   Most soldiers and airmen have a support system in place, where their spouses or immediate family members are aware of their dying wishes and will share urgent news or handle the appropriate notifications with those closest to their loved one.  In my brother’s case, I just figured the military would let us know if something happened to him and that no one else aside from his family members needed to be notified, since he was single and has no children.

Under “Don’t Ask Don’t Tell,” the Fehrenbach family has been robbed of truly knowing and loving our brother for who he is for nearly two decades.  He chose to serve in silence to protect his own family – the only family he can legally call his own – from potential exposure to investigation under DADT.  We can never get those years back.  Nor can we accept the damage to and destruction of our family’s long-standing military history that will result from Lt. Col. Fehrenbach’s discharge under this discriminatory and unjust law.  Our family legacy goes back generations, in which our father, mother, grandfathers, spouses, children, uncles and cousins have all answered the call to serve.

Despite all the suffering that Don’t Ask Don’t Tell has caused my brother and our family, we have reaped a benefit far greater than words can measure.   Since I’ve come to know and understand my brother’s true identity, and because he no longer has to hide any part of himself from me, our relationship has become much closer and deeper, where we laugh and share more than ever before.  Vic can now be completely open and honest with me – an element that was clearly missing in our lives and relationship in the past.  I can’t express the immense pleasure I’ve experienced in getting to know my baby brother  — “Uncle Baldy” as some of our 17 nieces and nephews call him.

In light of the infinite family gains that the repeal of “Don’t Ask Don’t Tell” will yield, I sincerely believe that allowing open service is necessary, right, and just in every sense.  Each and every service member deserves the FULL love and support of their family and friends, without fear of persecution, discrimination and harassment.  A strong sense of support and love is essential for our troops at all times.  It only stands to reason that overall military performance is enhanced and the resolve to accomplish the mission is strengthened by complete and unhindered family bonds.

Sincerely,
Angela Trumbauer

HRC joins with our allies in the efforts to ensure passage of repeal in the Senate, as we work to muster the critical votes needed to end this discriminatory law. We are proud to join SLDN in the call to acknowledge the sacrifice of those partners and families of service members serving in silence under this failed law.

To join in HRC and SLDN’s joint campaign to garner support for repeal, visit countdown2010.hrc.org.

I’m in North Carolina working to build constituent support for the Employment Non-Discrimination Act. I’ve really appreciated the hospitality that I’ve encountered among the people I’ve met. Even though it’s my first time in the state, I already feel welcomed by the smiles of passers-by on the street.

The HRC steering committee here is very generous and hard working. I met with Randy Floyd, the Political Co-Chair for the Steering Committee, who is like the Energizer Bunny. He has so many ideas and is so passionate about the cause that it’s hard not to feel super enthusiastic after a conversation with him. Activism is contagious around these parts! I’m staying with Rich Hurley, who is the Membership and Community Events Chair for the Steering Committee in Charlotte, who was gracious to accommodate me at his beautiful and cozy home he shares with Macy, the cutest brown spotted Dalmatian ever.

I went to the Charlotte Regional Farmer’s Market for my first day of action gathering signatures from fair-minded North Carolinians to pass ENDA. I’ll be delivering these petitions and letters to U.S. Representatives Bob Etheridge and Larry Kissell when we meet with them later this week and next. Most people at the farmer’s market were responsive and supportive. Most thought that ENDA was already law but when they learned it wasn’t they quickly reached for the pen to sign our petition. One of the women who signed the petition shared her story about how one of her employees, who is a lesbian, pointed out to her that there were no protections for GLBT employees in their non-discrimination policy. The woman said she was shocked and quickly got together with her supervisors to include GLBT protection in their company’s Non-Discrimination Policy.

Many others at the farmer’s market caught on to what I was doing and made my job easier by just coming up to me having already decided to sign. A man who was from San Francisco, who now lives in Charlotte, pointed out to me that he was glad we were here because at his place of business—a bank—his co-workers are uptight about discussing GLEE, a television show with GLBT characters. Sadly, he felt as though he couldn’t communicate with his co-workers.

After my first day of canvassing it is clear to me that there are plenty of people in support of ENDA who need to be identified and urged to contact their Representatives, more specifically U.S. Representatives Kissell and Etheridge in North Carolina. Canvassing offers a great way to educate people about ENDA and about our lives as GLBT people. One woman was hesitant to sign but asked me many questions; she was worried that the law would backfire on employers and more lawsuits would ensue. I’m thankful that instead of not doing anything at all, she asked questions.

My afternoon at the Charlotte Regional Farmer’s Market garnered 40 signatures and 13 calls to Rep. Kissell. Not too shabby for the first day. I’ll be here for two weeks and will help continue our collective efforts to pass ENDA from North Carolina even after I leave.

Find out more about ENDA at http://www.hrc.org/sites/passendanow/index.asp and get in touch with your Congress people to urge them to pass ENDA.

Here’s a big smile back at the people of North Carolina!