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CA Senate Passes Protection to TG's in Prison

Hey TGCD Members... although not everyone is a fan of prisoner rights, but when it comes to safety from abuse, sexual abuse and rape...I don't think anyone would disagree with the passage of the LGBT Prisoner Safety Act (AB 633) by the California State Senate.  Not that anyone of us would ever do anything that would land ourselves behind bars...but if the unthinkable happened to you or to a friend or family member, you would be thankful for the COURAGE taken today by California State Senators.   For their unwavering and dedicates support and courage in getting the bill passed (it still has to be signed by the Governor) please send a letter of thanks or remember them at voting time:   Senator and former Majority Leader Gloria Romero, D-Los Angeles and Assemblymember Tom
Ammiano, D-San Francisco.  There were a total of 26 State Senators that voted for passage of this much needed legislation, when I get all names, I will add to this post and my blog.  Also a big hand to Geoff Kors, Executive Director of Equality California...I think I (and we) need to get more involved with this group as they are working hard for transgender rights and equality.
PLEASE SHARE YOUR THOUGHTS IN THE COMMENTS AS WELL AND LET US KNOW IF YOU ARE ABLE TO SEND A SUPPORT/THANK YOU LETTER TO ANY OF THOSE MENTIONED ABOVE...and don't forget to help us with getting the Governor to sign it... he REFUSED to do so last year!  LAURA GONZALES 
Laura@3GProductions.com
=============================== Article courtesy of:
San Diego Gay & Lesbian News, CA, USA California legislature passes bill protecting LGBT prisoners

SDGLN Staff | Wed, 08/25/2010 - 2:03pm  SACRAMENTO – The California State Senate today passed the Lesbian, Gay, Bisexual and Transgender Prisoner Safety Act, AB 633, in a 26-9
vote.

Sponsored by Equality California and introduced by Assemblymember Tom Ammiano, D-San Francisco, the bill is designed to prevent violence against LGBT people in the state prison system.

“All people deserve basic protections — including those serving time in our state prisons,” Ammiano said. “No prisoner should fear for his or her life or be the target of abuse because of his or her sexual orientation or gender identity.”

“Too often, lesbian, gay, bisexual and transgender prisoners are the victims of violence behind bars,” said Geoff Kors, executive director of Equality California. “This important bill would help prevent brutal assaults against prisoners who are targeted due to their sexual orientation or gender identity.”

The bill would require California to adopt the National Prisoner Rape
Elimination Commission Standards, which were created by a bipartisan
panel that studied the issue nationally. It would amend the Sexual
Abuse in Detention Elimination Act (SADEA) of 2005 to include
self-reported safety concerns related to sexual orientation and gender
identity on the list of factors for consideration when classifying and
housing prisoners. This list of factors currently includes age, type
of offense and prior time served. The bill would also save the state
money due to decreased litigation and healthcare expenses.

A recent study from the California Department of Corrections and
Rehabilitation (CDCR) found that 67 percent of LGBT inmates report
being sexually assaulted by another inmate, a rate 15 times higher
than the overall prison population. Another study by UC Irvine and
commissioned by CDCR found that 69 percent of transgender inmates
reported sexual victimization while incarcerated.

AB 633 was developed following a Senate Public Safety Committee
meeting held in San Francisco in December 2008 that was chaired by
Senator and former Majority Leader Gloria Romero, D-Los Angeles.

The meeting, which was sponsored by Equality California along with
Just Detention International, the Transgender Law Center, the National
Center for Lesbian Rights and the Transgender, Gender Variant and
Intersex Justice Project, exposed the dire issues facing LGBT people
in California prisons in order to produce concrete solutions.

Previously approved by the State Assembly, the bill now heads to the governor’s office, which vetoed a similar bill last year.

To find out more information about EQCA's legislation, visit ww.eqca.org/legislation. © Copyright 2009-2010 Hale Media, Inc. http://sdgln.com/news/2010/08/25/california-legislature-passes-bill-protecting-lgbt-prisoners

Nikki Araguz-A Biographical Assay

the trial of Nikki Araguz, USA Thursday, August 19, 2010  Nikki Araguz - A Biographical Assay

While most of the mainstream media seems almost blindly focused with near tunnel vision on its excoriation of Nikki Araguz, on occasion, brief glimpses of the woman behind the news stories has slipped through the din of their diatribe. When assembling a portrait of any person, the traditional attributes people gather about another person usually include: professional interests, hobbies and avocations, socioeconomic background, education, beliefs and values, all deduced from a person's relationships, work, recreation, and residence, as a person structures their life. Without an opportunity to interview Nikki Araguz directly, it has been possible to ensemble the following cursory assay of Nikki Araguz and her life, based on sifting through the media disinformation in search of aspects of her life that appear credible and which provide a better balanced purview of the woman she is. Hopefully, some future opportunity will lend itself to a more well rounded, personal, and in depth portrait, based on information directly from the subject.

[Photo: <http://bit.ly/akygm0> Nikki left, with her father, mother, sister and brother.]

Nikki was born in the summer of 1975 to her mother Sheri, when Sheri and her husband were in Carmel, California, while he was stationed there during military service. Sheri and her husband were originally from Texas, so Sheri returned to Texas after her husband was ordered to a post in Germany, shortly after Nikki was born. A year later, Sheri's husband returned home to Bryan, TX, but was hit and killed by a semi-truck a month later, long before Nikki had any opportunity to get to know her biological father. A few years later, Sheri married Chuck Bockelman, Nikki's stepfather, to whom Sheri remains married today. Since the recent probate lawsuit was filed against Nikki, her entire family has made positive and supportive public statements about her, including her mother Sheri, her stepfather Chuck, her older brother Gary, and her younger sister Vanessa. Sheri's mother is active on the facebook.com page setup to support Nikki, where she has stated she would attend the hearings about Nikki's case if she were healthy enough to be able. The photo above, apparently taken some years ago, provides clear evidence of her family's support of her, with her stepfather Chuck hugging her, while all five of them were gathered for a family snapshot.

[Photo: <http://bit.ly/cWq9Sl> Nikki at 19 in video documentary]

Meanwhile, as Nikki grew up, her teenage years were apparently a time of experimentation and exuberance for her. She doesn't appear to have had the benefits of affluence that often expose people to resources that provide information on topics that might not otherwise be readily available. As a result, Nikki apparently had a hard time getting detailed information about the congenital intersex condition she was born with, or doing much about it during her early life, despite her mother's attempts to get the attention of physicians about it. She seems to have struggled while trying to find her social place because of it, and more than once succumbed to manipulation by people whose primary purpose was to take advantage of her natural need for attention and positive social feedback. At one point when she was in her late teens, she attended a college or junior college near her in Texas, but none of the news reports have included much information about majors, graduation, or degrees she may have earned. Only one news report states that she has some form of degree in marketing. In a video documentary made of her when she was in college, she appears happy as well as reflective, but a little flighty, as one would expect of any young woman her age. She was in fact quite beautiful at nineteen or twenty, and an obviously sexually attractive young woman, apparently without medical or hormonal intervention. The college video documentary provides demonstrable evidence of her intersex condition, although it also demonstrates her lack of medical understanding about it at the time.

From all appearances, much of Nikki's twenties were occupied with low level jobs such as working in retail. In her early twenties, Nikki worked at a shoe store in a local Texas shopping mall. That is where she met her first husband Emilio Mata, who she married when she was about twenty-four or twenty-five. Without socioeconomic privilege to provide financial and intellectual stability, news reports imply that neither Nikki nor Emilio had very good judgment during that period of her life. Both she and Emilio Mata racked up minor convictions for petty criminal acts such as driving while drunk, minor drug possession, and petty theft, all the sorts of youthful indiscretions that people with financial privilege often manage to avoid getting on their permanent records, even if they have committed them. By 2002, she and Emilio Mata were also in financial trouble and decided to file Chapter 7 bankruptcy. If only they could have known the terrible fate that would befall them for unknowingly choosing an unscrupulous attorney named Frank E. Mann III, whose violation of her attorney/client privilege eight years later would be one of the falling dominoes that have knocked Nikki Araguz into the middle of an arduous legal ordeal. The financial and social instability surrounding Nikki and Emilio seems to have eventually become too much for their relationship to survive, and they divorced in 2007, about the same time Nikki met Thomas Araguz. Emilio Mata eventually worked his way up in the technology business and now works for a digital chip foundry in Houston.

[Photo: <http://bit.ly/aWo1Iw > Nikki Araguz - two days after her husband's death.]

Currently, Nikki Araguz presents the demeanor of the mature and maturing thirty-five year old woman she is, a woman whose thin youthful beauty has settled into a more filled out thirty-something attractive charm, and subdued calm. She expresses herself in video interviews with emotional presence at the same time she is capable of intellectually lucid clarity. Her attire demonstrates social awareness appropriate for her thirty something status, providing indications of social as well as intellectual sensitivity. She also has a beautiful voice; one that delivers her usually articulate ideas with a pleasant warmth. Just two days after her husband died, during a video interview she gave to a small local newspaper, she said of personal relationships:

"If there is anything that I can say to anybody, don't waste a minute of your life arguing. Don't walk out the door and not say I love you, because you never know when you'll never get to speak to them again.",

with heartfelt emotion in her voice, as steady tears of genuine grief streamed down her face. The majority of her statements since this tragedy began for her have been focused on similar forms of reflection, and requests for respect and dignity from the media and the public.

Although her small immediate family hasn't been physically present when she has appeared at the district courthouse in Wharton, TX, her family has expressed a desire to be there if they were physically able. Unfortunately, both Nikki's parents have severe chronic illnesses. In fact, Nikki has apparently made frequent excursions to help her mother, who has suffered and been hospitalized with strokes and seizures, and apparently has diabetes, heart disease and partial paralysis. Nikki's mother Sheri has been active and present on the facebook.com support page setup for Nikki though, providing what support she can through that avenue. As far as trying a case in the media is concerned, the presence of family seems to give the public an impression that someone has social legitimacy. With that in mind, the people from Nikki's immediate family whose presence might lend moral support to her during court appearances are her biological siblings Vanessa and Gary, whose public statements about Nikki have been entirely supportive and corroborative.

Meanwhile, Nikki also seems to have gained significant emotional support from Thomas Araguz after the two of them met at their church, and immediately struck up a soulful and collaborative relationship. There is some implication that Nikki had been saving money during that time to get corrective genital surgery as well, while Thomas had attended medical meetings with her to get information about the surgery. Somehow the two of them managed to put together a wedding with excellent photos, while two months later Nikki had finished paying nearly $20,000 for genital reconstruction surgery with a well known and respected surgeon in Trinidad, Colorado, which needs to be scheduled and paid for in cash, months in advance.

During the past couple of years, Nikki Araguz appears to have been focused primarily on building a home life with her husband Thomas Araguz, taking care of her husband Tom's two young boys four days a week, helping the boys with their homework, helping the boys with their toy trucks, and making a home of the house she rented together with her husband during their marriage. Her relationship with Thomas Araguz and his sons seems to have stabilized and grounded her. At the same time, she leveraged her knowledge of the magazine business, which she had developed while working for various local Texas magazines, including a GLBT magazine called Outsmart where she sold advertising, into a magazine business of her own. She was the creator and publisher of a local magazine called Wharton County Living, the sort of free circulation piece that is often found in shops around most communities these days, that generate their revenue entirely from selling advertising space rather than from subscription fees. Nikki has also described her marriage as one with a normal amount of emotional intensity and disagreement, that comes naturally from constant, daily, deep, emotional involvement with, and commitment to, another person. During her recreational time she apparently had a horse that she enjoying riding and caring for, something quite typical for small town suburban life in Texas. In an interview with the Houston PBS station, she described herself in the following manner:

"I was a housewife and you know ran a magazine, and loved my husband and my children, and rode my horse. This was my life prior to my husband’s death, and um, with the lawsuit that was brought on, I was thrust into the media."

Her weekends appear to have been consumed with going to church along with her husband and their two boys. When she wasn't busy with the boys, she seemed to have spent her time helping her husband study for exams while he was trying to get through Wharton County Junior College, to earn an associate's degree in firefighting and emergency medical technology, all on a very modest income. In the meantime, Nikki ran for Mayor of Wharton, a town so small that her loss to the incumbent mayor was by a vote of 382 to 118.

Meanwhile, sometime in the spring of 2010, Heather Delgado, Thomas's ex-wife, became discontent with her access to the sons she shared with Thomas Araguz, so she filed a child custody lawsuit against them. Delgado, somehow happened upon the unscrupulous attorney Frank Mann III, who seized at the opportunity to gain the advantage by outing Nikki's medical past to Delgado, and from there, Nikki and Thomas's lives suddenly became emotionally stressful beyond their limits, and apparently their judgment on occasion. Somewhere in the midst of the heated child custody dispute that preceded her husband's death, their occupancy of the house they were renting together appears to have been lost, as a whirlwind of events culminated with Nikki being left without a husband, the children she had taken care of for nearly three years stripped from her life - possibly forever, without a home, without a business and its income, and with a lawsuit filed against her, based not on what she had done, but because some people would rather not give her female legitimacy. While Nikki has been receiving intensive support from transsexual activists around Texas, the Houston Press wrote the following:

Nikki also told Fox News that, because she was actually born female, she never identified as transgender. And despite the fact that many in the Houston transgender community are offering Nikki financial and emotional support, and despite the fact that prominent transgender attorney Phyllis Randolph Frye believes the suit against Nikki threatens every transgender person's civil rights and has taken on Nikki's case pro bono, Nikki told Fox that she should not be "lumped in" with the transgender community.

http://www.houstonpress.com/content/printVersion/1935902/

Similarly, Nikki told Ernie Manouse of the Houston PBS station in an interview with him:

Nikki Araguz - I simply am a heterosexual woman. That’s how I define myself. I’m not a medical professional, but I know that I have been diagnosed with partial Androgen Insensitivity Syndrome, and that falls under a classification medically as a transgender syndrome.

Ernie Manouse - And folks have a problem getting past the idea, and they assume that when we talk in these that it is someone who was a male, born a male, grew up as a male, somehow felt they weren’t a male, so they had sexual reassignment surgery. That is a different condition than what you went through, correct?

Nikki Araguz - Completely, completely, I, in my growing up, even in my early years, my parents started to notice that I was not developing into a boy, umm, that I was developing into a girl, and sought medical professionals, umm, late 70s early 80s, nobody knew what was going on. And so umm, they just allowed me to continue to develop into the woman I am today.

[...]

Ernie Manouse - And again I want to clarify for our audience, when you say it was the birth defect we are not talking about a fully developed all male individual going and having a sexual reassignment surgery.

Nikki Araguz - That would not be at all an accurate description of what happened for me, umm, because I was an underdeveloped, umm, and not past the age of two or three years old did I develop anatomically, genitalia.

Nikki's public posture in this regard may turn out to be an all important component of her legal argument that her marriage to Thomas Araguz should be considered valid under Texas law. She is going to need help from skilled attorneys and persuasive medical expert witnesses in order to make her case. While she has been unlucky to have chosen marriage in Texas, she is luckily surrounded by a legal team ready and willing to do everything in their power to help her.

With help from the Houston transgender support center, Nikki Araguz has apparently been staying with friends and supporters, and spending nights in hotels, as far from Wharton, TX as is practical, since her husband's death and the onslaught of media frenzy that surrounds her. Other than a couple visits to the courthouse there, and visits to her husband's grave site, she has stayed away from Wharton, TX. One possible conclusion that it seems reasonable to reach from such a portrait, is that Nikki Araguz is a woman whose life over the past few years has matured her in ways she probably never dreamed of before the day she met Thomas Araguz. One can only wonder how someone like herself, or like Christie Littleton and others before her, forge new life plans after such events, or how they structure their future personal relationships.

Posted by this site at Thursday, August 19, 2010

http://thenikkiaraguztrial.blogspot.com/2010/08/nikki-araguz-biographical-assay.html

__._,_.___

PROP 8 UNCONSTITUTIONAL!

BREAKING NEWS....TO ALL TGCD SOCIAL CLUB MEMBERS:   (From Laura Gonzales)

SHARE YOUR COMMENTS HERE!

PROP 8...IS RULED UNCONSTITUTIONAL TODAY BY FEDERAL JUDGE IN S.F., VAUGHN R. WALKER!  THIS IS AN HISTORIC AND INCREDIBLE DAY IN THE LGBT AND FOR ALL AMERICANS WHO HAVE FOUGHT AND FIGHT FOR ALL TO HAVE JUSTICE AND EQUALITY.  Congratulations to  Kris Perry and to Sandy Stier (Plaintiffs) and all those who worked on this case for all of us and our rights, our love and appreciate is sent out to you all.  Laura

TONIGHT, JOIN US AT CLUB SHINE TO CELEBRATE THIS HISTORIC DAY!

From the LA Times: Judge strikes down Prop. 8, allows gay marriage in California By: Maura Dolan Los Angeles Times Staff Writer 1:59 PM PDT, August 4, 2010 San Francisc o

   A federal judge in San Francisco decided today that gays and lesbians have a constitutional right to marry, striking down Proposition 8, the voter approved ballot measure that banned same-sex unions. U.S. District Chief Judge Vaughn R. Walker said Proposition 8, passed by voters in November 2008, violated the federal constitutional rights of gays and lesbians to marry the partners of their choice.. His ruling is expected to be appealed to the U.S. 9th Circuit Court of Appeals and then up to the U.S. Supreme Court.

[Updated at 1:54 p.m.: "Plaintiffs challenge Proposition 8 under the Due Process and Equal Protection Clauses of the Fourteenth Amendment," the judge wrote. "Each challenge is independently meritorious, as Proposition 8 both unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation."  Vaughn added: "Plaintiffs seek to have the state recognize their committed relationships, and plaintiffs' relationships are consistent with the core of the history, tradition and practice of marriage in the United States." 

Ultimately, the judge concluded that Proposition 8 "fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples. … Because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional."]Walker, an appointee of President George H.W. Bush, heard 16 witnesses summoned by opponents of Proposition 8 and two called by proponents during a 2½-week trial in January.  Walker's historic ruling in Perry vs. Schwarzenegger relied heavily on the testimony he heard at trial. His ruling listed both factual findings and his conclusions about the law.  Voters approved the ban by a 52.3% margin six months after the California Supreme Court ruled that same-sex marriage was permitted under the state Constitution.  The state high court later upheld Proposition 8 as a valid amendment to the state Constitution.  An estimated 18,000 same-sex couples married in California during the months that it was legal, and the state continues to recognize those marriages.  The federal challenge was filed on behalf of a gay couple in Southern California and a lesbian couple in Berkeley. They are being represented by former Solicitor General Ted Olson, a conservative, and noted litigator David Boies, who squared off against Olson in Bush vs. Gore.   A Los Angeles-based group formed to fight Proposition 8 has been financing the litigation.  Gov. Arnold Schwarzenegger and Atty. Gen. Jerry Brown refused to defend Proposition 8, prodding the sponsors of the initiative to hire a legal team experienced in U.S. Supreme Court litigation.

Backers of Proposition 8 contended that the legal burden was on the challengers to prove there was no rational justification for voting for the measure. They cited as rational a view that children fare best with both a father and a mother.  But defense witnesses conceded in cross-examination that studies show children reared from birth by same-sex couples fared as well as those born to opposite-sex parents and that marriage would benefit the families of gays and lesbians.Copyright © 2010, Los Angeles Times

SHINE-WEd3R92w650




For more information contact Laura Gonzales:  Laura@3GProductions.com
PROP 8 RULED UNCONSTITUTIONAL!  DETAILS INSIDE...CELEBRATE WITH US AT CLUB SHINE TONIGHT! ALSO, DETAILS ON WHITE NITE/BLACKLIGHTS! THIS SAT@SHINE

NCTE--(TG Ctr Equality)Wants YourStory!

HEY TGCD Social Club Members:

If you have ever been discrimated for being transgender at your workplace,The NCTE wants your story and so do we!  I'll post this article to the Forums section where you can share...we only ask not to say the "Name of your employer" on this site for a multitude of reasons. However, please share their names with the NCTE, they have a legal staff, we don't!   Please let us know if your story is taken to the next level by the NCTE so we can follow along and with all our support! Laura Gonzales

===============================

National Center for Transgender Equality, DC, USA

United ENDA launches new campaign

Congress, media need to hear the reality of discrimination

July 30, 2010

What has the power to change hearts, minds and even laws? The impact
of a human story. Our real experiences help people understand who we
are and why it is so important to end the discrimination we face. And,
of course, personal stories have been very central to our meetings
with lawmakers about the need to pass the Employment
Non-Discrimination Act (ENDA), and we need to continue to increase our
impact. There is power in speaking out--both for those who hear and
those who tell their truths.

The United ENDA coalition--where NCTE has been a consistent leader and
active member--has launched a new campaign to compile even more
stories of discrimination in the workplace faced by lesbian, gay,
bisexual and transgender (LGBT) people and we need your help. If you
have been discriminated against at work, please fill out our brief
questionnaire <http://bit.ly/aYi3vW> and tell us about your
experiences. Please pass it along to your friends and encourage others
to fill it out. The more stories we collect, the more compelling a
case we can make.

If you complete the questionnaire and you give your permission, you
may be contacted for more details about your experiences. In some
cases, we may be able to provide some resources or referrals to
address the discrimination. No information will be released publicly
without your permission and you can remain anonymous if you need to.

Help strengthen our collective efforts to pass ENDA and let your story be heard.

Please complete the questionnaire today and pass it along!

--
Quick Links

Tell your story <http://bit.ly/aYi3vW>

Visit our website at
www.TransEquality.org <http://bit.ly/amPcTB>

NCTE's blog <http://bit.ly/bPH9Vv>
We have lots of new activity on our blog
--

___

About NCTE

The National Center for Transgender Equality is a national social
justice organization devoted to ending discrimination and violence
against transgender people through education and advocacy on national
issues of importance to transgender people. By empowering transgender
people and our allies to educate and influence policymakers and
others, NCTE facilitates a strong and clear voice for transgender
equality in our nation's capital and around the country. The National
Center for Transgender Equality is a 501(c)3 organization.

http://bit.ly/aARcWO

TG Candidate LIST:2010 Elections!

TransGriot, USA

Friday, July 30, 2010

Our 2010 Trans Candidates Websites

Since we have several trans candidates running for office this
election cycle, thought I'd make it easy for you TransGriot readers to
peruse their websites and hopefully donate to their campaigns.

It is the next phase of our civil rights struggle in getting people
like us in the trenches helping make the laws that affect us and
helping kill the bad ones.

Our candidates can always use the money, and it doesn't have to be a
large amount, although they'd definitely appreciate it. $5's, $10's
and $20's add up quickly as well.

Sorry, non-US trans peeps, y'all can only give us moral support in
these endeavors.

Victoria Kolakowski
<http://kolakowskiforjudge.com/>
Running for Alameda County CA Superior Court Judge

Brittany Novotny
<http://brittany4hd84.com/>
Running for Oklahoma State House District 84

Dr. Dana Beyer
<http://www.danabeyer.com/>
Running for the Maryland House of Delegates District 18

Theresa Sparks
<http://www.sparksfor6.com/>
Running for San Francisco Board of Supervisors District 6

Dr. Beyer still has a September 14 primary fight to deal with on the
Democratic side with five other candidates. So for you peeps living in
that district, she will need some help to get to the general election.

And for 'errbody' else, please make certain you are registered to vote
for the November 2 election and on Election Day, please do so.

For you Republicans who are wondering why I'm not putting Donna Milo
on this post? Since she isn't claiming us as transpeople
<http://transgriot.blogspot.com/2010/06/right-trans-candidate-for-office-is-not.html>
, why should I?

Posted by Monica Roberts at 4:00 PM

Labels: GLBT politics, transgender newsmaker

http://transgriot.blogspot.com/2010/07/our-2010-trans-candidates-websites.html

Transgender widow benefits frozen

UPI, USA Alleged transgender widow benefits frozen Published: July 23, 2010 at 4:16 PM

WHARTON, Texas, July 23 (UPI) -- A Texas judge ordered a firefighter's
widow, who was alleged to have been born a man, not to spend or
collect any death benefits from her husband.

State District Judge Randy Clapp issued the temporary order Friday
when allegedly transgendered Nikki Araguz revealed she had received
$60,000 of the expected $600,000 cash payout from the death of her
husband, Wharton County firefighter Thomas Araguz, in a July 4 farm
inferno, the Houston Chronicle reported Friday.

The order stems from a lawsuit filed by Thomas Araguz's parents
claiming the marriage was void because the bride was born male. Clapp
presided over Friday's hearing, which was the first step in the
process of determining the legality of the marriage.

Nikki Araguz said Thursday she denies any allegations she lied to her
late husband about her history.

A 1991 Texas court case defined gender in the state as determined by
three factors, gonads, genitalia and chromosomes at the time of birth.

© 2010 United Press International, Inc. All Rights Reserved.

http://www.upi.com/Top_News/US/2010/07/23/Alleged-transgender-widow-benefits-frozen/UPI-91751279916165/

__._,_.___

8 Arrested in Reid Protest in Vegas

 

LAS VEGAS (July 20) -- In a rare incidence of civil disobedience in
this destination's tourism corridor, eight activists protesting Senate
Majority Leader Harry Reid's inaction on gay rights legislation were
arrested for blocking traffic at one of the Strip's busiest
intersections today.

AOL News, USA 8 Gay Activists Arrested in Reid Protest on Vegas Strip  Steve Friess Contributor

As they were being handcuffed and taken to police cars, the eight
continued to chant that the Nevada Democrat had broken several vows to
bring the Employment Non-Discrimination Act (ENDA)
<http://www.hrc.org/laws_and_elections/enda.asp> to a vote. The act
would bar workplace discrimination against people based on sexual
orientation and gender identity.

"We're being arrested because gay and transgender people in America
are being denied their equal rights," shouted Lt. Dan Choi to
passers-by as he was led in handcuffs to a spot near the front
driveway of the New York-New York Hotel-Casino. "I want you to
remember that as you hang out in Las Vegas today."
Protesters block traffic in Las Vegas on Tuesday while protesting Sen.
Harry Reid's inaction on gay legislation.

[Photo: <http://bit.ly/9A7XXs> Protesters block traffic in Las Vegas
on Tuesday while protesting Sen. Harry Reid's failure to bring the
Employment Non-Discrimination Act to a vote. Steve Friess]

The protesters were booked on one count each of blocking the roadway
and obstructing a police officer, both misdemeanors punishable with a
fine. They expected to post $400 bail a piece and be released by
dinnertime, a GetEQUAL spokeswoman told AOL News.

The protest began about 1 p.m. in a grueling 106-degree heat when
members of the gay rights group GetEQUAL <http://getequal.org/>
unfurled a banner reading "REID: PASS ENDA NOW" on a pedestrian
walkway that crosses over the Strip and connects the New York-New York
to the MGM Grand casinos. Minutes later, other protesters walked into
the street and held up a banner that read "REID NO ONE CAN DO MORE"
and that spanned four lanes of traffic.

Several motorists became irate, including a limousine driver who got
out to scream at protesters, but there was no violence.

"This does not happen very much at all," Las Vegas Metro Police
spokeswoman Barbara Morgan said. "The last one I can remember was 15
years ago and, honestly, I can't remember what it was for."

In all, about 20 GetEQUAL activists participated, primarily people
from out of state who are in Las Vegas for Netroots Nation
<http://www.netrootsnation.org/> , a convention this of liberal
bloggers and activists. In addition to those standing on the
pedestrian crosswalk and in the street, other protesters chanted and
carried signs at the base of the scale model of the Statue of Liberty
that stands sentry outside the New York-New York resort.

Reid, Nevada's senior senator, is facing a tough re-election battle
against tea party idol Sharron Angle, a Republican who opposes any
laws promoting gay civil rights. Reid is scheduled to speak Saturday
at Netroots Nation, where GetEQUAL organizer Paul Yandura vowed he
will be asked to explain why ENDA has not been brought for a vote.

"This not is about anyone else but Harry Reid and him standing up to
the promises that he's already made for the community," Yandura said.
"Later today, we're putting up a timeline and showing that for the
last year, every month we've been told it was coming up for a vote and
then it didn't. It's really not about him and his Republican opponent,
it's about him standing up."

Reid spokesman Thomas Brede did not address why the bill has not come
up for a vote but provided AOL News with this statement: "Sen. Reid
supports the Employment Non-Discrimination Act and believes that
employment decisions should be based only on relevant matters such as
performance, ability and conduct in the workplace."

The fact that such events are unusual for Las Vegas may help explain
why police took 20 minutes to arrive and remove protesters. Morgan
said her records show the call came in at 1:08 p.m. and bike patrol
cops arrived at 1:14 p.m., but eyewitnesses' time-stamped Twitter
dispatches <http://twitter.com/thestrippodcast> and photos
<http://tweetphoto.com/user/4371356> show police did not enter the
roadway to deal with the situation until at least 1:25 p.m.

The lag amused protesters but alarmed local gay activist Chris Miller.

"My concern is that as a citizen of Las Vegas, what if that was a
terrorist in the middle of the street?" Miller said. "Would it have
taken them as long to get out here?"

Several of those arrested are veterans of civil disobedience actions.
Choi was arrested in March for chaining himself to the White House
fence to protest President Barack Obama's failure at the time to end
the military's "don't ask, don't tell" policy. Another activist, Jimmy
Gruender, was arrested in a sit-in at Sen. John McCain's office to
highlight the military policy.

Today's action focused attention on Nevada, which has a mixed record
on gay rights. The state barred same-sex marriage in 2002 but in 2009
created a same-sex domestic partnership registry that bestows all the
same state benefits of marriage to gay couples.

In 1999, Nevada became the 11th state to pass a statewide ENDA law
<http://www.lcrga.com/news/Kenny-Guinn-Nevada-Employment-Non-Discrimination-Act-ENDA/199906020942.shtml>
, and most Las Vegas casino companies have had such policies for
years. In fact, MGM Resorts International <http://www.mgmresorts.com/>
, owner of both the MGM Grand and New York-New York, was the first on
the Strip to provide health benefits to the same-sex partners of
employees. The company heavily markets the New York-New York hotel as
a gay-friendly destination.

Still, the Vegas backdrop was good for publicity, said Michelle
Wright, GetEQUAL's liaison between the police and protesters.

"I feel like it was successful because people stopped on the
pedestrian crosswalk," she said. "Even if it starts them questioning
what is ENDA and gets them to look it up online to find out what the
heck happened, then that's a victory."

© AOL Inc. All Rights Reserved.

http://www.aolnews.com/article/8-gay-activists-arrested-in-reid-protest-on-vegas-strip/19562113

__._,_.___

ENDA Dead for this year?Your Thoughts?

Lez Get Real, USA


ENDA Stalled In Senate, Likely Not To Pass Or Come Up For Vote This Year

07/15/10 - by Bridgette P. LaVictoire


There are nine priority measures being taken up by the Senate this
month before the month long August recess. Unfortunately, the
Employment Non-Discrimination Act is not one of them. ENDA has been
pushed for a long time, but it has been hitting several stumbling
blocks including the issues over transgender protections.

The nine priorities for the Senate are the passage of the Defense
Budget bill including the not quite repeal of Don’t Ask, Don’t Tell,
the confirmation of Elena Kagan to the Supreme Court, the Wall Street
reform package and the energy bill. Hopefully, unemployment benefits
will also be part of the legislation that they get passed in the
upcoming week.

The Hill, a Congress focused newspaper, has reported that Senate
Democratic leaders met with President Barack Obama to discuss their
priorities including those bills most likely to bolster support for
the Party in the 2010 elections.

Unfortunately, when Congress returns on 13 September from the recess,
the politicians will be in full blown campaign mode and little
legislation will be passed. It is unlikely that any legislation would
be enacted in the lame duck session unless the Democrats win control
of Congress for another two years.

Recently, Press Secretary Robert Gibbs stated that there were enough
Congressional seats in play this November that the Republicans could
gain control of one or both chambers despite the fact that almost
everyone is pointing to a far more modest gain for the Republicans,
and even the potential for some seats not originally thought of in
play on the Republican side to become available.

Recent polling shows the Republicans and Democrats evenly split in the
generic ballot with the Republicans having a one point advantage over
the Democrats; however, around two-thirds of Americans are willing to
have new representation in the Fall.

Right now, there are 255 Democrats, 178 Republicans in the House, 56
Democrats, 41 Republicans and 2 Independents in the Senate, and not
everyone is up for reelection in the Senate.

House Speaker Nancy Pelosi did do her job in that she got ENDA to the
floor of the House and voted through. It also passed the Senate
committee, but it is unlikely to come before the Senate due to
Republican obstructionism which has clogged the Senate calendar to
such an extent that only the most urgent legislation is being brought
up.

Pelosi spokesman Drew Hammill stated
<http://www.365gay.com/news/enda-no-longer-on-senate-agenda/> “Passing
ENDA this year is a top priority for the Speaker, but we believe that
passing ENDA before DADT repeal has been finalized, jeopardizes both
initiatives. Until then, we should encourage the Senate to develop a
course for ENDA to ensure that when the House passes the legislation,
the Senate can move quickly to send the legislation to the President’s
desk.”

If ENDA is not passed this year, it will have to be resubmitted for a
new round of committee hearings and votes.


Copyright © 2010 Lez Get Real. All rights reserved.

http://lezgetreal.com/2010/07/enda-stalled-in-senate-likely-not-to-pass-or-come-up-for-vote-this-year/

DADT Trial in RIVERSIDE BEGINS...

Log Cabin DADT Trial Begins     To follow this story or for more information, go to:  http://www . advocate.com  Also thanks to Eva-Genevieve for bringing it to our attention .   

Calling the discriminatory policy “one of the most pressing civil rights issues in our great country today,” attorneys challenging “don’t ask, don’t tell” in federal court said Tuesday the U.S. government has no legitimate basis for maintaining the ban on gay soldiers serving openly in the armed forces.

DONT ASK DONT TELL DADT SOLDIER CONGRESS X390 (GETTY) | ADVOCATE.COM
Opening statements in Log Cabin Republicans v. United States of America began shortly after 9 a.m. Pacific time in the federal courtroom of U.S. district judge Virginia A. Phillips in Riverside, Calif. White and Case attorney Dan Woods, representing the national gay Republican group that filed the lawsuit in 2004, said in the non-jury trial that the government denies gays and lesbians “the privilege of serving their country if they choose to be as candid and honest about their human nature as their heterosexual comrades are.”

Woods said the legal landscape regarding the rights of gays and lesbians has shifted dramatically since DADT became law, most notably with the Supreme Court’s decision in Lawrence v. Texas striking down sodomy laws. “We intend to prove at this trial that ‘don’t ask, don’t tell’ does not advance an important government interest, that its intrusions into the constitutional rights of homosexuals do not significantly further any important government interest, and that those intrusions are not necessary to further any important government interest,” Woods said in a 20-minute opening statement.

Assistant U.S. attorney Paul Freeborne said that Log Cabin has no standing to sue on behalf of its members affected by the policy. Log Cabin has identified two such individuals — an anonymous Army Reserves lieutenant colonel who continues to serve in the military, and Servicemembers United executive director Alex Nicholson, who was discharged in 2002. Freeborne said in a five-minute opening statement that Log Cabin has failed to establish the membership of both individuals.

That issue aside, “We do not believe that a trial is necessary or appropriate” and “the court should resolve this case as a matter of law,” Freeborne said.
 

As such, the Justice Department will not offer any witnesses or evidence other than the legislative history of DADT and Congress’s 1993 purported intent to secure military effectiveness and cohesion in passing the law.

In testimony, Freeborne repeatedly objected to any questions asked by Woods relating to the motivation of lawmakers in enacting DADT, and whether antigay animus may have played a role in its passage. He also attacked expert witness Nathaniel Frank, a veteran DADT scholar and author of Unfriendly Fire: How the Gay Ban Undermines the Military and Weakens America who testified about the historical discrimination of gays in the military. "Professor Frank is an advocate. A heartfelt advocate, but an advocate," said Freeborne, who works in the Justice Department's Civil Division in Washington, D.C.

Judge Phillips seemed largely unmoved and increasingly aggravated by Freeborne's objections as the afternoon progressed. "If this were a jury trial, ... I would only once give a limiting instruction to the jury," Phillips said. "So frankly, to stand up and make that objection every time when it's a court trial, I'm really puzzled that you're doing that, because it's not my first trial."

In his testimony, Frank detailed a history of systemic discrimination against homosexuals in the military beginning around the time of World War I. 

Though empirical research including studies in the 1950s and a 1993 RAND study found no rational basis for excluding gays from service, the discrimination continued and eventually was codified as "don't ask, don't tell," a policy largely influenced by the antigay sentiments of key lawmakers and military leaders, he said. Frank recalled one interview with Charlie Moscos, a sociologist who influenced DADT policy and claimed to have coined the term "don't ask, don't tell." Frank asked Moscos whether allowing gays to serve openly would truly affect unit cohesion -- an assertion often made by Moscos and other proponents of the policy.

"Fuck unit cohesion," Moscos replied, according to Frank. "I don't care about that. This is a moral issue to me."

The timing of the trial could prove problematic for President Barack Obama and the Department of Defense, which has come under fire for a survey released last week to 400,000 service members regarding the repeal of “don’t ask, don’t tell” that some repeal advocates have blasted as offensive and unnecessary. “Perhaps [the trial’s] greatest importance is the political dilemma it is creating for the Obama administration, which has felt compelled to defend the constitutionality of a policy it is trying, however slowly, to end,” said Jon W. Davidson, legal director for Lambda Legal.


Log Cabin argues that the suit puts needed pressure on DADT repeal. “We believe our case can work in concert with the legislative process that is now underway,” the group said in a recent press release. “We must remember that the legislation is conditional upon the House and Senate passing their own bills, and then coming together in a conference committee to work out the details of a final bill that will then have to pass both chambers.”

In contrast to the federal Proposition 8 trial in San Francisco that attracted significant media attention and public attendance, the Riverside federal courthouse was decidedly less abuzz. Media outlets covering opening statements included the Associated Press, the Los Angeles Times, and LGBTPOV as well as the local LGBT advocacy group Equality Inland Empire.

“We came to show support for the cause, to show that there’s community support here for overturning ‘don’t’ ask, don’t tell,’” Equality Inland Empire steering committee member Eva-Genevieve Scarborough said during a court break. “I was expecting the courtroom would be full and more of us to be out here.”

Testimony resumes on Wednesday.

 follow this story or for more information, go to:  http://www . advocate.com  Support the Advocate for their great reporting and efforts.  Laura

 
 

Dems have no plans on ENDA? DADT?

Congress is leaving town at the end of July to go back to their home districts and campaign for re-election. Unfortunately, just this week, the Washington Post reported that the Democratic leadership has no plans to make good on their promises of taking up ENDA (Employment Non-Discrimination Act) when they return in September.
Sadly, we're not surprised.

FROM: GET EQUAL http://getequal.org/

Our so-called "friends" in Congress who are stumping for re-election, speaking at our Pride events and addressing our organizational galas have promised passage of ENDA month after month, and year after year. Why are we allowing our "friends" to collect awards and accolades while breaking their promises?
It may not be nice and it certainly won't get us invited to any fancy Washington cocktail parties, but we aren't going down without a fight! To us, the silence is deafening and we want you to help us do something about it.
Who do you think we should hold accountable? http://getequal.org/accountable.php
Should it be House Speaker Nancy Pelosi, who has promised us since May that a vote will happen by the second week of June? [1]
Should it be Rep. Barney Frank, who said "we will get this [ENDA] done fairly quickly," but then called GetEQUAL's pressuring tactics "immature" and "tacky"? [2]
Should it be Rep. George Miller, who heads the House Education and Labor Committee and has said via a spokesperson "he intends to get to it [ENDA] very shortly?" [3]
Should it be Senate Majority Leader Harry Reid, who said that he will "fight hard for the votes to get it passed," but who has failed thus far to pressure the last few Senators for their votes? [4]
We're launching direct actions immediately and want to give you the opportunity to decide who is at the top of your list.
Who do you think we should hold accountable? http://getequal.org/accountable.php
Get Out!  Get Active!  GetEQUAL!
The GetEQUAL crew