GLAD may be best known for its precedent-setting litigation in the
courts, but as New England's foremost legal
organization working on matters of lgbt civil rights and the rights of people
with HIV, GLAD's unique legal expertise is indispensable to legislative efforts
and other matters of public policy as well.
What kind of role does GLAD play in legislative advocacy?
GLAD's legislative legal work focuses on protecting same-sex couples
and families, fighting proposals to incorporate discrimination in the law,
ensuring access to insurance, keeping lgbt people safe from violence, working
to end employment discrimination and strengthening needle exchange programs.
GLAD works with legislative allies and grassroots advocates to craft
thoughtful and thorough legislation, analyze proposals that threaten our
communities, provide expert testimony at legislative hearings, bring together
legal and non-legal specialists to testify before the legislature, and develop
strategy with our community partners.
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Civil Rights Project |
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Marriage / Civil Unions / Domestic Partnership
Marriage (Rhode Island)
GLAD is working with the RI Alliance to amend state marriage laws to end the exclusion of
same-sex couples from marriage. At legislative hearings, we have provided testimony and
support for equal marriage and civil unions.
On March 23 & 31, 2004 we testified in favor of equal marriage at hearings before the RI House and Senate Judiciary Committees. Read the testimony.
Marriage & Comprehensive Domestic Partnership (Connecticut)
2002 - The Connecticut Legislature passed a bill (No. 5002) granting limited protections
to same-sex couples in areas relating to medical decision-making, victim's
rights, serious injury and death. At the same time, they considered a bill to provide civil marriage for same-sex couples (No. 5001).
2003 - The Connecticut Legislature
considered a marriage bill (No. 6389) as well as a comprehensive domestic partnership
bill (No. 6388) that would have allowed same-sex couples to register as domestic
partners and receive all of the 588 state protections and responsibilities of
marriage. GLAD worked with community partners to support these efforts.
Marriage & Civil Unions (Massachusetts)
In 2003, for the first time, the Massachusetts legislature is considering
legislation to grant same-sex couples access to civil marriage (H. 3677).
In addition, bills have been filed to create civil unions for same-sex
couples (H. 1149, S. 935, S. 1045). GLAD has supported these measures,
with an emphasis on the civil marriage bill, because civil marriage is the
only way to achieve the full promise of equality for same-sex couples and
their families. These measures received a hearing before the Judiciary
Committee on October 23, 2003.
GLAD testified at the hearing and helped
organize testimony from legal experts, community organizations, and community
members. Take a look at this powerful testimony!
Anti-Gay, Anti-Marriage Legislation
H. 4840 - Proposed Constitutional Amendment (Massachusetts, 2001-2002)
GLAD’s work in the courts, and as a member of the MassEquality.org
coalition, helped to defeat a ballot initiative that sought to amend the
Massachusetts Constitution to make it impossible for same-sex couples to
marry and to forbid any branch of government from extending protections and
responsibilities associated with marriage to any other relationship.
This far-reaching ban, proposed by a group called Massachusetts Citizens
for Marriage, would have affected all unmarried couples – gay or straight
– as well as any person seeking to obtain rights or protections simply to
look after a friend or loved one. In addition to denying same-sex couples
the right to marry, it also aimed to change the Constitution so that neither
the courts, nor the legislature, nor cities and towns could extend any rights
and protections associated with marriage to any couple that is not married.
After the ballot initiative was certified by the Attorney General, the legislature
voted overwhelmingly to adjourn its Constitutional Convention (joint session)
without voting on the substance of the measure, thereby stopping the initiative
in its tracks. Despite a last ditch attempt to revive the matter, the
legislature did not reconvene a Constitutional Convention, and the initiative
died at the end of the 2002 legislative session (December 31, 2002).
Read about GLAD's work in court to
help defeat the initiative.
H. 3190 - Proposed Constitutional Amendment (Massachusetts, 2003-2004)
GLAD continues to work with community partners to fend off attacks against
same-sex couples and their families in Massachusetts. This measure
is initiated by a legislator (Rep. Travis - R, Rehoboth) rather than by citizen-initiated
petition, but it aims to amend the state Constitution do the same thing as
the measure introduced in the previous legislative session (see above): deny
same-sex couples the right to marry or have their relationships recognized
and receive any of the protections and benefits associated with marriage.
Contact your legislator through MassEquality.org in opposition to this amendment and in support of equal marriage rights for same-sex couples and their families.
Connecticut
A bill introduced
in Connecticut in 2003 aimed to define marriage as only
between one man and one woman (No. 5356). GLAD worked hard to defeat this
hateful measure through testimony at the hearings, analysis of the
bills and strategy development with our community partners.
New Hampshire
February 17, 2004 & April 7, 2004 - GLAD researched and drafted testimony against anti-gay, anti-marriage legislation on behalf of local coalition partners.
Protecting Families
Survivors' Rights & Benefits (Massachusetts & Rhode Island)
GLAD has joined forces with the Gay and Lesbian Labor Activist Network
(GALLAN) in Massachusetts on bill H.3071, that would allow public
employees to designate their partners as beneficiaries of their pension
plans and that would grant death benefits to the surviving partners of
public employees killed on the job. GLAD
also prepared drafts of bills in Rhode Island giving a same-sex partner
the ability to sue if his or her partner is injured or dies due to the wrongful acts of
another person, and seeking protection for surviving partners of emergency workers killed in the line of duty.
We have worked extensively providing
draft language and engaging with lgbt community partners on marriage,
civil union and domestic partnership bills that have been introduced in
the Massachusetts, Rhode Island and Connecticut Legislatures.
Inheritance (Maine)
In another effort to protect same-sex couples, GLAD, along with cooperating
attorney Pat Peard, has been working with the Maine Lesbian and
Gay Political Alliance on legislation in Maine to amend the intestacy laws
to allow same-sex partners to inherit their partners' estates.
Co-Parent Adoption (Connecticut, 1998-2000)
GLAD helped secure the right of Connecticut same-sex co-parents to jointly adopt their children.
Ending Discrimination
Federal Employment Non-Discrimination Act (ENDA)
GLAD is helping to shape the federal Employment
Non-Discrimination Act to ensure the most comprehensive
and effective protections for the lgbt
community. While non-discrimination legislation is
common in New England, in 2003 only fourteen states across
the country prohibit sexual orientation discrimination,
and only four states have statutes that explicitly
prohibit transgender discrimination.
Gender Identity and Expression Protections (Rhode Island, 2001)
GLAD helped to draft legislation adding protection based on gender identity
and expression to Rhode Island's anti-discrimination statutes. Rhode Island
passed this legislation, making the state the second in the nation to explicitly
protect transgender people from discrimination in employment, housing, and
places of public accommodation.
Boston Ordinance To Protect Transgender People From Discrimination (Massachusetts, 2002)
On October 30, 2002, Boston Mayor Menino signed into law an ordinance
that prohibits discrimination based on gender identity and expression in
employment, housing, public accommodations, education, credit, and services
in the city of Boston. This first-of-its-kind law in Massachusetts
was passed by the City Council the previous week. GLAD attorney Jennifer
Levi played an important role in the development of the proposed ordinance,
working with the Massachusetts Transgender Political Coalition, which spearheaded
the effort. GLAD also submitted testimony on behalf of the proposed
ordinance before the City Council.
Read the new law...
Read GLAD's testimony in support of the ordinance...
Check out GLAD's transgender publications, including the recently published Transgender Legal Issues in New England...
Fighting Anti-LGBT Violence
Hate Crimes Protections (Connecticut, 2002-2004)
GLAD drafted legislation and is working with community leaders to include transgender people
under Connecticut's hate crimes protections.
GLAD helped to lay the groundwork in
for legislation by participating in
educational forums with legislators and the public
and by providing testimony.
On March 15, 2004 we testified in favor of including transgender people and people with disabilities under CT hate crimes protections. Read the testimony.
On May 21, 2004, House Bill 5657, amending the State's existing hate crimes statute to
cover people who are targeted for violence because they are transgender or disabled, was signed into law
by Governor John Rowland. The new Connecticut legislation covers transsexual people and is also broad enough to
protect any person who is assaulted simply because he or she does not conform to gender stereotypes or social
expectations of the way a man or woman is supposed to behave, whether or not they identify as transgender.
Federal Hate Crimes Legislation
GLAD has been strategizing with
other lgbt advocacy groups around the country on
ways to help pass federal hate crimes legislation that
is inclusive of both sexual orientation and gender
identity and expression.
Youth and Students
Protecting Student Freedom to Learn (Massachusetts, 2003)
GLAD provided testimony and is strategizing with other community groups to
defeat a parental opt-in bill (H. 1445) that would require parental permission
for health and sex education curricula, as well as any curricular treatment
of sexuality.
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AIDS Law Project |
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Strengthening Needle Exchange Programs
Massachusetts
Having helped secure a victory in the Supreme Judicial
Court of Massachusetts ensuring that participants
in needle exchange programs can possess needles
throughout the state, GLAD is now working with AIDS
Action Committee, the American Civil Liberties Union
of Massachusetts, and others to pass better syringe
access laws. Despite scientific proof that needle
exchange programs and the sale of sterile syringes at a
pharmacy without a prescription prevent transmission
of HIV and hepatitis C virus, Massachusetts lags
behind virtually every state in having responsible
syringe access laws.
On May 4, 2005, GLAD submitted testimony in support of Massachusetts legislation
to stem the spread of HIV infection through expanded access to
clean syringes. The bills seek to decriminalize possession
of hypodermic needles and syringes, and permit their sale without
prescription in pharmacies. GLAD is part of an ongoing
effort led by AIDS Action Committee to expand access
to clean syringes throughout the Commonwealth. AIDS Law Project Director
Bennett Klein offered GLAD’s testimony. He said, “Since the beginning of the epidemic,
GLAD has worked to represent, defend and protect all people
with HIV, no matter what their mode of transmission. It’s important to recognize that injection drug use exists in all communities, gay and
non-gay, and preventing the spread of HIV by any mode of transmission is of concern to us all. Massachusetts must remove these barriers to HIV prevention efforts.”
Read GLAD’s testimony.
Read more about AIDS Action’s Clean Needle Campaign
On February 28, 2004, GLAD testified in favor of expanding access to
clean needles to prevent transmission of HIV and Hepatitis C.
Access to Insurance
Massachusetts
GLAD is working in coalition to defeat a bill that
would allow life insurers to cancel the policies of
people with chronic illnesses even after the death
of the policyholder.
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| A Rhode Island woman is killed in a car crash, but her partner has no
standing to sue the driver of the other car. |
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A Connecticut transgender
man is assaulted on the street, but the police won't treat the assault as a
hate crime. |
| An aging Maine couple faces death, only to find out that
their 32-year relationship means nothing regarding inheritance. |
| A Massachusetts public employee dies, and his sister, whom he hasn't
seen in 30 years, not his partner, receives his pension benefits. |
| All of these situations could happen tomorrow, and have happened in
the past, but courts have not been able to provide relief because the laws,
as they exist, do not permit it. |
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