PFLAG Policy Matters  March 9, 2010

Front Page Headlines

New Report Exposes Serious Flaws in DADT Support Letter.  A number of high-ranking military officers whose names appear on a well-publicized letter supporting “Don’t Ask, Don’t Tell” were involved in career-ending scandals or have said the letter doesn’t represent their views, according to Servicemembers United.  The organization’s preliminary investigation of 200 names on the letter, which more than 1,100 flag and general officers signed, reveals new information that could undermine the document supporting the 1993 law barring gays from serving openly in the military.  Alex Nicholson, executive director of Servicemembers United, said his organization’s report “speaks to an overall lack of expertise” the signers have on the perspective of service members of the 21st century military.

ACLU Battles MS High School Administrators.  Last week, the American Civil Liberties Union and Mississippi Safe Schools Coalition teamed up to demand that Constance McMillen, a Mississippi High School Student, be allowed to attend prom. However,- school district officials seem to be making that dream a little difficult.  Itawamba County School District officials told McMillan she may not arrive at prom with her girlfriend, that she may not wear a tuxedo, and that should other students become “uncomfortable” with her and her girlfriend’s presence, she will be asked to leave.  “Prom is supposed to be about all students being able to express themselves, have fun, and make memories that will last the rest of their lives,” said Kristy Bennett, Legal Director of the ACLU of Mississippi. “Constance has a constitutional right to take the person she’s dating to the prom, just like any other student at any other public school.” 

Catholic Preschool Discriminates Against Same-Sex Couple.  A Catholic preschool in Boulder, Colorado will not be getting an “A” for Acceptance after telling a lesbian couple their child is not allowed to return to the school next year.  Sacred Heart of Jesus Catholic School decided that the student would not be allowed to enroll as a result of the sexual orientation of the child’s parents, according to an NBC 9 News report.  In a statement to 9 News, the Denver Archdiocese wrote that parents at the school are expected to follow teachings of the Catholic Church, including the teaching that “Homosexual couples living together as a couple are in disaccord with Catholic teaching.”

Public Policy Watch

Rep. Stark Reintroduces the Every Child Deserves a Family Act.  Rep. Pete Stark (D-CA.), sponsor of the Every Child Deserves a Family Act, is planning to reintroduce the bill — which would prohibit discrimination against LGBT people seeking to adopt children — after making some positive changes in the bill with the assistance of PFLAG National .  Additionally, on March 11, Rep. Stark plans to lead a congressional briefing panel on Capitol Hill featuring discussion from experts on LGBT adoption. The dialogue is intended to educate lawmakers on the bill’s importance.

Lieberman Introduces Senate Bill to Repeal DADT.   Last Wednesday, Independent Senator Joseph Lieberman of Connecticut introduced the Senate’s first “Don’t Ask, Don’t Tell” repeal bill along with 11 Democratic co-sponsors including chair of the Senate Armed Services Committee Sen. Carl Levin of Michigan.   Unfortunately, no Republicans have signed on to co-sponsor the bill.  Lieberman told The Advocate, “To me, it’s very important that we repeal this law, both because it’s fair and consistent with basic American values of equal opportunity, but also because it’s a very positive step for the military to take in terms of military effectiveness and readiness.”

DC Marriage Equality Law Takes Effect.  At the culmination of a three-decade struggle for marriage equality, advocates celebrated the first day that marriage licenses were issued to same-sex couples in Washington, DC.  Many community activists had long known that the D.C. Council would approve same-sex marriage, but the timing had to be right. Congress and the White House could have killed the bill, so advocates waited for a president and legislature sympathetic to gay rights and home rule. In the meantime, the LGBT community picked up important rights in the District, including a domestic partnership law, before the council passed the same-sex marriage bill in December.

NY State Assembly passes GENDA.  Last week, the New York State Assembly passed the Gender Expression Non-Discrimination Act (GENDA), a bill that would outlaw discrimination in New York State based on gender identity and/or expression under the state’s Human Rights Law.  Currently it is legal in New York to be fired from your job, kicked out of your home or be denied credit or public accommodations (like service in a restaurant) simply for being transgender or gender non-conforming.  Transgender and gender non-conforming New Yorkers face severe discrimination.  GENDA has already passed twice with bipartisan support in the State Assembly. If you live in New York, we need you to be prepared to take action to push this necessary bill onto the Senate floor for a vote!  For more details, please click here.

Cuccinelli Asks Colleges to Rescind Policies Protecting Gay State Employees. Virginia Attorney General Ken Cuccinelli II has asked the state's public colleges and universities to rescind policies that ban discrimination on the basis of sexual orientation, arguing in a letter sent to each school Thursday that their boards of visitors have no legal authority to adopt such policies.  In the letter, Cuccinelli (R) wrote that only the General Assembly can extend legal protections to gay state employees — a move the legislature has repeatedly declined to take, even as recently as this week.

A Question from the Field

Dear Policy Matters,

Last week I learned that Representative Pete Stark will host a briefing sponsored by PFLAG National on his bill, the Every Child Deserves a Family Act.  It’s wonderful to note that the briefing will be streamed live as I plan to watch it remotely. 

As you can imagine, the issue of adoption is hugely important to me and my family as I live in the only state in the country that bans all LGBT people from adopting (ironically, state law does not prohibit LGBT individuals from fostering).  If this bill becomes a law, how will it impact same-sex couples in Florida?

Thanks,

Caitlyn, PFLAG Member, Florida

Dear Caitlyn,

Thank you so much for your question!  You are correct in noting that on March 11^th, a briefing on the Every Child Deserves a Family Act will occur thanks to the sponsorship of Representative Pete Stark and PFLAG, along with the American Psychological Association, the Family Equality Council and the Society for Psychological Study for Social Issues.  PFLAG members in DC are highly encouraged to attend the briefing in person; the briefing will be held in room H-137 inside the US Capitol Building, and for those who wish to view the hearing remotely, you can visit Representative Pete Stark’s homepage and watch it live-streamed by clicking here.

Regarding your question on Florida’s statutory ban prohibiting LGBT people from adopting, once the bill is enacted into law every state will be prohibited  from discriminating on the basis of sexual orientation, gender identity or marital status of any prospective adoptive or foster parent, or the sexual orientation or gender identity of the child involved if the state wants to continue to receive federal funding.  Once the bill passes, specific guidelines will be issued by the Department of Health and Human Services on how to comply with the law.  PFLAG plans to advise HHS on the writing of those specific guidelines.   If Florida’s Department of Children and Families, along with contractors that carry out the services of adoption and foster care, fail to abide by this new law, the federal government will restrict funding of the state entities employing discriminatory practices.  

Ultimately, this child welfare bill aims to open up more safe and supportive homes to the estimated 500,000 children in the U.S. foster care system.  Approximately 120,000 of these children are available for adoption, and tragically, 72 percent of children are waiting to find a permanent, safe and loving home in a state that restricts LGBT people from serving as foster or adoptive parents.  In 2007, roughly 25,000 young people “aged out” of the foster care system.  Research shows that these young people are at a high risk for poverty, homelessness, incarceration, and early parenthood.

PFLAG National will continue to lobby our Congress members on the hill, and we encourage everyone across the country to schedule in-district meetings with your members, share your stories about adoption and foster care and urge your representatives and senators to co-sponsor and pass this critical child welfare legislation today!

Warmest Regards,

Policy Matters

Please note that Policy Matters will return on March 23, 2010.  If you would like to have a policy-related question featured in our next edition, please e-mail it to rperry@pflag.org no later than March 19, 2010.

NOTE: If you have suggestions for good LGBT history films, let me know.  (Let's stick to her/history here.)