eQualityThinking Panel 1: Getting Equality Through the Courts

“The American Psychological Association supports and urges the enactment of civil rights legislation at the local, and state and federal level that would offer citizens who engage in acts of homosexuality the same protections now guaranteed to others on the basis of race, creed, color, etc.” Conger, J.J. (1975). Proceedings of the American Psychological Association, Incorporated, for the year 1974: Minutes of the annual meeting of the Council of Representatives. American Psychologist, 30, 620-651. http://www.apa.org/about/governance/council/policy/discrimination.aspx

Between the DOJ, EEOC and HUD - there are hundreds of lawyers prosecuting federal non-discrimination laws for "race, color, sex, national origin and religion". While we stand down on the CRA and related laws (of course it's not one law obviously), we have NONE of those lawyers working for us or to change the climate. Change has happened due to those laws for those groups, and could for us.

Matt Cole is shifting the responsibility for creating the conversation away from the movement and placing it on individuals trying to live their lives. You can wish for that to happen all you want, but the trick is to organize for it to happen, and that's a movement responsibility.

Kevin, as a follow up, the second part of my question: Is anyone interested in discussing whether, following the dropping of ENDA this past year from the LGBT agenda, the trans community would be better off pushing for full civil rights through the courts or focus energy in Congress (two years or more from now) or the states?

A state-by-state solution is not a comprehensive solution:

-29 states with NO employment anti-discrimination laws for SO

-38 states with NO employment anti-discrimination laws for GI

-30 states with NO housing protections for SO&GI

-35 states with NO anti-bullying protections for SO&GI

-44 states have laws or Constitutional amendments against same-sex marriage

Can we create a federal law that prohibits state-level marriage discrimination in marriage?

Is there any group or affiliation of groups uniformly paying attention to state-level judicial appointments and/or elections?

In North Carolina, we elect judges at all levels (the governor appoints to fill vacancies until the next general election) and our statewide equality group endorses at the Appellate Court level (statewide races for Court of Appeals and Supreme Court).

It seems influencing judicial elections/appointments at the state level is not a prominent piece of our national strategy.

Where does an individual citizen look for guidance in this matter -- either to organize on their own or through another group's infrastructure?

Yes, the call is recorded and the audio will be available after the call. Check this page again one hour after the call. Instructions will be on the brown box called Panel Information.

Will there be a transcript or audio recording available after the call for those who have scheduling conflicts?

2nd Parent Adoption - Does the December 2010 North Carolina Supreme Court decision on 2nd Parent Adoptions have any affect outside of North Carolina?

Has there ever been a suit filed challenging our lack of equal protection under the 1964 Civil Rights Act, and is such a case feasible?

I am curious to know what each of the board members think is the most pressing issue we in the TLGB face not that DADT is out of the way. Also why they feel it is the top priority, how does it affect the entire TLGB?

Do any of you see the Supreme Court combining the Prop 8 case from CA with the DOMA cases out of MA to make one big gay rights case at the Supreme Court level? And is this something to fear?

Would each of you please venture to predict a date by which the Supreme Court decides whether DOMA part 3 is unconstitutional? And would each of you please give us your view of the odds of winning on this narrow part of the DOMA challenge at the Supreme Court? (Full disclosure: I'm interested in a green card for my partner -- through marriage).

What are the top 5 to 10 cases (state and federal) with the most significant findings of fact on the nature, extent and impact of anti-LGBT discrimination. Has anyone summarized the key factual findings into a single document with links to those decisions?

Are any of our legal groups working on model language for a comprehensive bill to add sexual orientation and gender identity equally to all of America's non-discrimination laws? And, either way, would you be willing to form a working team to help form a consensus document on this for our community?

Is the absence of any federal laws outlawing discrimination based on sexual orientation and gender identity relevant to the analysis of any of the marriage cases headed to the supreme court? And, if so, could seeking inclusion of SO+GI in the 1964 Civil Rights Act help create a national conversation about discrimination that might advance the cultural readiness for Supreme Court-driven change? i.e., What legislative strategy should we have in play to buttress the court strategy.

Justice Scalia said recently that women are not protected in the constitution against discrimination. How does this affect our arguments on the multiple marriage cases?

Are there any current federal cases ongoing on trans rights? If not, do you have any thoughts on how to move beyond the recent victories in DC Federal district court (Schroer v Billington) and the 6th circuit appeals court (Smith v City of Salem)? It may be that trans people, and gender-non-conforming people as well, do better in the courts where the issue is now clearly defined as "sex discrimination" and/or "sex stereotyping."

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Last Modified 2011-02-15