GLAD Receives Belynda Dunn Award of Recognition
May 3, 2008 --
GLAD was honored to receive the 2008 Belynda Dunn Award at the annual Bayard Rustin Community Breakfast, in recognition of groundbreaking legal work securing rights and protections for people with HIV/AIDS.
In 2001, GLAD represented AIDS activist Belynda Dunn in her quest to get her private insurer to pay for a liver transplant.
The Bayard Rustin Community Breakfast is an annual forum created by the AIDS Action Committee of Massachusetts to recognize the roles of lesbian, gay, bisexual, and transgender people from communities of color in the fight against the AIDS epidemic.
GLAD Joins Amicus Brief in Immigration/Asylum Case
April 30, 2008 --
GLAD has joined an amicus brief in an immigration/asylum case at the US Court of Appeals for the First Circuit authored by Attorney Ilana Greenstein and the law firm of Kaplan, O'Sullivan & Friedman LLP on behalf of GLAD and the National Immigration Project of the National Lawyers' Guild. The case, Kadri v. Mukasey, involves an Indonesian gay man, Zulkifly Kadri, a doctor who was fired from his position at a clinic and ostracized at a hospital where he worked when rumors spread that he is gay. Now in the United States, he has sought asylum based on past persecution in his home country, as well as his fear of future persecution should he be required to return to Indonesia.
Kadri's application for political asylum was granted by US Immigration Judge Leonard Shapiro on April 22, 2005. That finding was subsequently overturned by the Board of Immigration Appeals (BIA) on October 13, 2006, partially on the grounds that “closeted homosexuality” is tolerated in Indonesia and, therefore, that Kadri could avoid persecution by hiding the fact that he is gay and thus could not establish a well-founded fear of persecution. He was “ordered removed to Indonesia.”
GLAD worked with Attorney Greenstein on the portion of the amicus brief that demonstrates that the BIA's assertion that a person must hide something fundamental to his or her nature - such as sexual orientation - as a valid alternative to refugee protection violates both domestic and international law.
GLAD Files Brief in Iowa Marriage Case
April 2, 2008 --
GLAD has submitted an amicus brief on behalf of state and national LGBT organizations and a significant group of Massachusetts state legislators in a marriage equality case currently pending in the Iowa Supreme Court.
In the brief, GLAD describes the legal, political, and social landscape in which the right of same-sex couples to marry was secured in Massachusetts, and demonstrates how the judicial, legislative, and executive branches of the state government, along with the general public, all played their proper roles in ultimately upholding marriage equality through robust democratic participation. The brief also argues that only marriage rights, not civil unions, can provide full equality to same-sex couples.
The case is being litigated by Lambda Legal.
Trans Protection Legislation in MA and CT
March 19, 2008 -- Legislation to protect citizens from discrimination based on gender identity or expression is pending in both Massachusetts and Connecticut.
Vermont Supreme Court Upholds Visitation for Janet Jenkins and Daughter
March 17th, 2008 -- Vermont's highest court issued a ruling on March 14 upholding visitation rights for Janet Jenkins and her five-year-old daughter, Isabella. Isabella's biological mother, Lisa Miller, Janet's former civil union spouse, challenged Janet's parental rights in a case that has been ongoing since the couple separated in 2003. Lisa and Isabella now reside in Virginia, where Lisa is also pursuing legal action to block Janet's ongoing relationship with their daughter.
This latest and second decision from the Vermont Supreme Court in the case upholds the Vermont Family Court's final 2007 order dissolving the parties' civil union, granting physical and legal custody to Lisa and providing for visitation between Janet and Isabella.
Marriage Equality Across the Nation: California Supreme Court Hears Oral Argument in Marriage Case March 4
March 4, 2008
The California Supreme Court heard oral arguments in In Re Marriage Cases on Tuesday March 4.
GLAD and Equality Federation filed an amicus brief with the California Supreme Court in the case arguing that California's domestic partnership statute (the equivalent of civil unions in other states) constitutes a discriminatory separate and unequal status for lesbian and gay citizens, and that a ruling ending the exclusion of same-sex couples from marriage in California will advance progress toward equality elsewhere in the country.
Victory for Teenaged Girl with HIV
February 19, 2008 --
GLAD applauds the February 19 decision by the Massachusetts Court of Appeal in favor of 18-year-old Ashley Shaw, who has sought for three years to get MassHealth to cover her HIV-related surgery.
The unanimous decision today affirms her right to access to care.
Verdict Watch is On in Transgender/IRS Trial
February 15, 2008 --
GLAD and the IRS have completed post-trial briefing in the case of O'Donnabhain v. Commissioner of Internal Revenue.
In this case, Rhiannon O'Donnabhain sued the IRS after their refusal to treat her expenses for hormone therapy and sex reassignment surgery as a legitimate medical deduction.
A four-day trial was held in U.S. Tax Court in July and August 2007, and with the completion of briefing, Ms. O'Donnabhain and GLAD now await a potentially precedent-setting decision.
Appeals Court Upholds School's Right to Teach About Family Diversity
January 31, 2008 --
The U.S. Court of Appeals for the First Circuit today unanimously affirmed District Court Judge Mark L. Wolf's dismissal of a lawsuit brought by two sets of parents against the Lexington school system.
In the suit, parents David and Tonia Parker and Robert and Robin Wirthlin claimed that a Lexington elementary school violated their constitutional rights by exposing their children to books portraying many different kinds of families, including non-judgmental depictions of families headed by same-sex couples.
Civil Unions in New Hampshire
January 2, 2008 --
As of January 1, 2008, New Hampshire same-sex couples are able to enter into civil unions.
If you are a New Hampshire resident and have questions on the new law, please contact GLAD's Legal InfoLine.
Rhode Island Court Blocks Couple's Divorce
December 7, 2007 --
The Rhode Island Supreme Court ruled today that the state's Family Court does not have jurisdiction to recognize a same-sex couple's Massachusetts marriage for the purpose of granting them a divorce.
GLAD Files Amicus Brief in Massachusetts Loss of Consortium Lawsuit
October 15, 2007 --
GLAD has filed an amicus brief in the Massachusetts Supreme Judicial Court in a medical malpractice case involving an alleged failure to appropriately test for and diagnose breast cancer.
The case raises the question of whether the now-surviving same-sex spouse has the right to bring a claim for the loss of her wife's consortium.
The women were not -- and legally could not have been -- married at the time the alleged malpractice was discovered in 2003.
However, they applied for and received a marriage license on May 17, 2004, the first day marriage licenses were legally available to same-sex couples in Massachusetts; and they were married on May 20, 2004.
Massachusetts law categorically denies claims of loss of consortium where a couple is unmarried.
However, in this case, it was impossible for the couple to be married at the required time.
Therefore, GLAD argues that if the common law does not make room to accomodate this situation, it violates the equal protection guarantees of our state Constitution because it creates an insurmountable barrier for one group of people to access a legal claim that would otherwise be available to them.
Limited ENDA Passes House
November 9, 2007 -- With a vote of 235-184, the US House of Representatives passed HR 3685, a version of the Employment Non-Discrimination Act (ENDA) which does not include protections based on gender identity.
The vote came after a period of strong community mobilization in support of an inclusive bill.
GLAD, along with other local and national organizations, will continue working hard to ensure that a version of ENDA is eventually signed into law that protects all members of our community.
Victory for Maine Same-Sex Parents and Children
August 30, 2007 --
At last, Ann Courtney and Marilyn Kirby of Portland will be able to form a permanent, legal parental relationship with their foster children, 10-year-old "M" and her brother, six-year-old "R".
In a unanimous decision, Maine's Law Court issued a ruling stating clearly that unmarried couples are able to adopt under Maine law.
The ruling paves the way for Ann and Marilyn, as well as couples across the state, to jointly adopt the children they are raising together.
Marriage Equality Case Before Connecticut Supreme Court
May 14, 2007 --
Senior Attorney Ben Klein presented oral argument before the CT Supreme Court in Kerrigan & Mock v. Connecticut Department of Public Health today.
The case seeks to end Connecticut's exclusion of lesbian and gay couples from marriage rights.
After two and a half years, the eight plaintiff couples in the case finally had their day in court.
