President Obama Signs Executive Order Protecting LGBT Workers

Today President Obama signed an executive order protecting LGBT employees of federal contractors from workplace discrimination. In remarks this morning, the president said that our government “will become just a little bit fairer” today.

President Obama pointed out that many Americans go to work every day with the fear that they could lose their job because of who they are. It’s time to “address this injustice for every American,” he said, urging Congress to pass the Employment Non-Discrimination Act (ENDA). While today’s executive order expands protections to millions of LGBT people who work for federal contractors, we still lack a nationwide law to protect LGBT workers across the board. In many states, you can still be fired for being lesbian, gay, bisexual, or transgender.

Following the Obama administration’s announcement that an executive order was in the works, People For the American Way joined nearly 100 other organizations, including many faith groups, in a letter urging the president to reject a call for an additional religious exemption — which ultimately was not included. The letter noted:

Religious freedom is one of our most cherished values, a fundamental and defining feature of our national character. It guarantees us the freedom to hold any belief we choose and the right to act on our religious beliefs within certain limits. It does not, however, provide organizations the right to discriminate using taxpayer dollars. When a religiously affiliated organization makes the decision to request a taxpayer-funded contract with the federal government, it must play by the same rules as every other federal contractor. [emphasis added]

Jonathan Capehart from the Washington Post reports that in the past few weeks, there have been “extraordinary meetings” in the White House among LGBT and religious communities about both the necessity of protecting workers from discrimination and religious liberty. As Capehart writes, “The president’s action today shows the two are not mutually exclusive.”

PFAW

Judge Strikes Colorado Marriage Ban

If you’re having trouble keeping track of the rapidly falling state marriage bans, you’re likely not the only one. In the latest of a dizzying streak of pro-equality decisions, a judge in Colorado struck down the state’s same-sex marriage ban yesterday.

District Court Judge C. Scott Crabtree stayed the ruling, which means that same-sex couples in Colorado cannot yet begin to marry.

In his decision, Judge Crabtree plainly noted that the ban “bears no rational relationship to any conceivable government interest.” He also underscored the discrimination faced by same-sex couples in the absence of marriage equality:

‘The Court holds that the Marriage Bans violate plaintiffs' due process and equal protection guarantees under the Fourteenth Amendments to the U.S. Constitution,’ Crabtree said in his ruling.

‘The existence of civil unions is further evidence of discrimination against same-sex couples and does not ameliorate the discriminatory effect of the Marriage Bans.’

PFAW Foundation

Kentucky Marriage Ban Struck Down

Continuing the unbroken record of marriage equality wins since last year’s Supreme Court ruling against DOMA in the Windsor case, today a federal judge ruled unconstitutional Kentucky’s ban on marriage for same-sex couples.

District Judge John G. Heyburn II wrote:

In America, even sincere and long-held religious beliefs do not trump the constitutional rights of those who happen to have been out-voted.

He dismissed the opposing arguments — including that the ban was good for the state’s economic stability and birth rates — out of hand, noting, “These arguments are not those of serious people.”

The judge has stayed the ruling for now, meaning that Kentucky couples can’t immediately begin marrying. But the decision is a significant victory for LGBT families in the Bluegrass State, where activists have fought courageously for equal rights for many years. Congratulations, Kentucky!

PFAW Foundation

Tenth Circuit Protects Right to Marry

Since last year's Windsor decision striking down DOMA, one federal district court after another has struck down bans against marriage equality. Many of those rulings are being appealed. Today, for the first time, a federal appeals court has entered the national conversation, with a powerful opinion upholding the right of same-sex couples to marry.

The ruling by a three-judge panel of the Tenth Circuit concludes that denying gays and lesbians the right to marry violates the Fourteenth Amendment's Due Process Clause (by denying a fundamental right to marry) and Equal Protection Clause (by making that right depend on a classification – the sex of the couple – that bears little if any relation to the state's purported goals).

Under Due Process, a law denying a fundamental constitutional right is subject to strict scrutiny: It can survive only if it's narrowly tailored to serve a compelling government interest. Similarly strict scrutiny is required under Equal Protection for a classification that impinges on a fundamental right. (The court doesn't address one of the law's unanswered questions, which is whether any law discriminating against lesbians and gays should be subject to heightened scrutiny.)

The state of Utah put forth several arguments relating to reproduction and child-rearing, but the court pointed out that:

each of the appellants' justifications rests fundamentally on a sleight of hand in which same-sex marriage is used as a proxy for a different characteristic shared by both same-sex and some opposite-sex couples. Same-sex marriage must be banned, appellants argue, because same-sex couples are not naturally procreative. But the state permits many other types of non-procreative couples to wed. ... Same-sex marriage cannot be allowed, appellants assert, because it is better for children to be raised by biological parents. Yet adoptive parents, who have the full panoply of rights and duties of biological parents, are free to marry. As are opposite-sex couples who choose assisted reproduction.

...

[A] state may not satisfy the narrow tailoring requirement by pointing to a trait shared by those on both sides of a challenged classification.

For those who argue that the framers of the Fourteenth Amendment never intended for it to guarantee the rights of gays and lesbians, the court says:

Although courts may be tempted to suppose that the Due Process Clause protects only those practices, defined at the most specific level, that were protected against government interference by other rules of law when the Fourteenth Amendment was ratified ... such a view would be inconsistent with our law. A prime part of the history of our Constitution ... is the story of the extension of constitutional rights and protections to people once ignored or excluded. (internal quotations and citations omitted)

The opinion elaborates:

A generation ago, recognition of the fundamental right to marry as applying to persons of the same sex might have been unimaginable. A generation ago, the declaration by gay and lesbian couples of what may have been in their hearts would have had to remain unspoken. Not until contemporary times have laws stigmatizing or even criminalizing gay men and women been felled, allowing their relationships to surface to an open society. As the district court eloquently explained, "it is not the Constitution that has changed, but the knowledge of what it means to be gay or lesbian."

The three-judge panel stayed today's ruling until the Supreme Court can resolve the expected appeal, so the right to marry won't automatically be coming immediately to the other states in the Tenth Circuit (Colorado, Kansas, New Mexico, Oklahoma, and Wyoming). In fact, the same three-judge panel is still considering a constitutional challenge to a marriage ban in one of those states, Oklahoma. Oral arguments in the two cases were held just a week apart.

Utah could appeal today's panel decision to the entire Tenth Circuit, or it could instead go directly to the Supreme Court (which would decide for itself whether to hear the case).

PFAW Foundation

Indiana’s Marriage Ban Struck Down

In another win for equality, today U.S. District Judge Richard Young struck down Indiana’s ban on marriage for same-sex couples. Because the judge did not stay the ruling, the Indianapolis Star reports that couples can begin getting married right away.

Not a single state marriage ban has been able to withstand a challenge in federal court in the wake of the Supreme Court’s 2013 decision in United States v. Windsor, which struck down part of DOMA.

Congratulations, Indiana!

PFAW Foundation

People For the American Way Action Fund Endorses Young Progressive Candidates in Michigan

People For the American Way Action Fund today announced its endorsements of a slate of young progressive candidates running for the Michigan State Legislature. The endorsees include a diverse mix of 35-and-younger candidates running for the Michigan state House of Representatives and state Senate, representing a new generation of progressive leaders who will put Michigan’s legislature back-on-track towards a common sense, inclusive, accountable public policy agenda for the state’s future. Their leadership represents a progressive vision that will benefit all Michiganders as they fight for social, economic, environmental justice and equality for all.

The endorsements are part of People For the American Way Action Fund’s Young Elected Progressives (YEP) program. YEP evaluates and endorses young progressive candidates age 35-and-younger in their bids for elected office around the U.S. at all levels.

People For the American Way Action Fund is proud to endorse these Michigan YEP candidates for 2014:

Stephanie Chang – MI House District 6

Running for Michigan’s House of Representatives District 6, Stephanie Chang is a Michigander whose dedication to the community has benefited many. Chang has worked around the state advocating for Affirmative Action, serving as a mentor for Detroit Asian Youth Project, and promoting a fair justice system. Chang’s knowledge and breadth of experience in Michigan make her an important leader for the state as she fights for social, economic, and environmental justice. Visit Stephanie’s page for more details.

Jon Hoadley – MI House District 60

Jon Hoadley is the clear choice to represent Michigan’s 60th District in the state House of Representatives. Hoadley, a small business owner and member of several advocacy organizations in Kalamazoo, is deeply ingrained and in tune with the needs of his community, which makes him the ideal representative. He has already worked to better Kalamazoo advocating for full LGBTQ equality, creating strong and sustainable public schools, and protecting the environment. Visit Jon’s page for more details.

David Knezek – MI Senate District 5

David Knezek is running for Michigan state Senate’s 5th District and has proven that he is the ideal candidate for the position. Knezek is a true leader, having been promoted to the rank of Sergeant during his time in the U.S. Marine Corps. At the University of Michigan-Dearborn, he was elected Student Government President, and in his senior year of college he was elected to be a Michigan state representative. Knezek has proven that he will advocate for his community and improve education, public safety, and job opportunities for Michigan citizens. Visit David’s page for more details.

Kristy Pagan – MI House District 21

Born and bred in Michigan, Kristy Pagan is the ideal candidate for the 21st District of Michigan’s state House of Representatives. She has worked in Washington, D.C. as a legislative aide and a national grassroots organizer. Her determination to serve coupled with her knowledge of and dedication to Michigan will serve the state well. Pagan is a true progressive, and has both the resolve and the passion to reform Michigan’s educational system, advocate for women and children, and improve job growth. Visit Kristy's page for more details.

Rebecca Thompson – MI District 1

Rebecca Thompson is running for election to the 1st District of the Michigan state House of Representatives. Thompson was born and raised in Detroit, and overcame experiences with poverty and homelessness to become a leader in the community. She has worked tirelessly to better Detroit for everyone, using her own experiences to positively impact those around her. Thompson is passionate about affordable education, improving safety, protecting women’s rights, and advocating for her community. Visit Rebecca's page for more details.

Robert Wittenberg – MI House District 27
                                                                                                                     
Robert Wittenberg is running to represent District 27 in the Michigan state House of Representatives. After being inspired by his parents’ and brothers’ work, he is determined to follow in their footsteps and serve his community. As a public servant, he advocates for full equality for the LGBTQ community, increased public transportation, and access to healthcare for all. Visit Robert's page for more details.

PFAW

Obama to Issue Executive Order Protecting Federal Contractors’ LGBT Employees

The White House announced today that President Obama will issue an executive order protecting the employees of federal contractors from workplace discrimination on the basis of sexual orientation and gender identity. According to the White House, it is an action rooted in the principle that “your ability to get ahead should be determined by your hard work, ambition, and goals – not by the circumstances of your birth, your sexual orientation or gender identity.”

Though most Americans don’t realize it, in the majority of states you can still be fired for being lesbian, gay, bisexual, or transgender. But across the board Americans believe that workplace discrimination is wrong, and that employees should be judged on how well they do their job, not on who they are or who they love.

The upcoming executive order, which ThinkProgress characterizes as “the single largest expansion of LGBT workplace protections in our country’s history,” could protect up to 16 million workers — a major step forward for LGBT equality and for basic fairness in the workplace. But even as we celebrate the anticipated expansion of protections, it’s important to remember that our country still needs a federal law like the Employment Non-Discrimination Act (ENDA) to protect LGBT workers across the country — not just those who work for federal contractors — from employment discrimination. In addition to covering more workers, ENDA would not be at risk of being undone by a future president, as the upcoming order may be.

No one should be forced to choose between risking their job and hiding who they are or who they love.

PFAW

Same-Sex Marriages Continue in Wisconsin After Federal Judge Denies Motion to Stay

Since last Friday’s ruling by Federal Judge Barbara Crabb that Wisconsin’s ban on same-sex marriages is unconstitutional, hundreds of same-sex couples have lined up to get marriage licenses across the Badger State. Immediately after receiving the ruling, clerks in Dane and Milwaukee counties began issuing marriage licenses, and in both areas, facilities stayed open late on Friday and continued issuing licenses on Saturday. Officiants, including judges, ministers, and commissioners, married couples on-site at their respective county courthouses.

Similar to actions in other states where courts have struck down same-sex marriage bans, Wisconsin’s right-leaning GOP Attorney General J.B. Van Hollen filed multiple motions to “preserve the status quo” attempting to stop same-sex marriages from happening.

As of Tuesday afternoon, 48 of the state’s 72 counties were issuing marriage licenses to same-sex couples, despite the ongoing legal battle. Wisconsin’s Vital Records Office is accepting the licenses, but holding them until they receive further guidance from Van Hollen.

For its part, the ACLU filed a proposal of how to implement same-sex marriage in the state. If approved, the plan would force Governor Scott Walker, Attorney General Van Hollen, and county clerks across the state to treat all same-sex and opposite-sex couples equally under the law.

Judge Crabb is set to have another hearing on June 19th.

PFAW Foundation

YEO Evan Low, US Senator Tammy Baldwin, Anne Kronenberg, and Others Dedicate the Harvey Milk Stamp

Last week, the highly-anticipated Harvey Milk stamp made its debut in a White House dedication ceremony featuring a roster packed with dynamic speakers including Evan Low, a Campbell, California city councilmember and participant in PFAW Foundation's Young Elected Officials Network, who recounted his personal story and stressed the importance of electing LGBT Americans to public office.

US Senator Tammy Baldwin later touched on where the LGBT equality movement stands today, more than 35 years after Harvey Milk's tragic assassination, crediting the youngest among us for understanding what's at the heart of the progress made and the work left to be done – love and fairness.

Anne Kronenberg, Harvey Milk's campaign manager, included in her closing remarks a simple statement of what the Milk stamp means – that new people and places will get to meet Harvey simply by opening a mailbox.

We remember.

We remember Harvey Milk

PFAW Foundation

LGBT Equality Pioneer Harvey Milk Memorialized with New Stamp

Today the United States Postal Service releases its highly-anticipated Harvey Milk stamp, memorializing the LGBT equality pioneer on what would have been his 84th birthday. Evan Low, a Campbell, California city councilmember and participant in PFAW Foundation's Young Elected Officials Network, is expected to join other trailblazers at the White House dedication ceremony.

Councilmember Low had this to say last November in marking the 35th anniversary of Milk's tragic assassination:

In 2009, I became the youngest openly gay mayor as well as the youngest Asian-American mayor in the country. Some journalists wrote about how I was making history, but I like to point out that I was preceded by a number of other courageous “firsts.”

I became mayor 35 years after Kathy Kozachenko was the first openly LGBT person elected to public office, and 32 years after Harvey Milk – affectionately known as “the mayor of Castro Street” – was elected to the San Francisco Board of Supervisors in the same state I serve today.

This week marks the anniversary of the tragic end of Milk’s short time in office, when he and Mayor George Moscone were shot and killed by Supervisor Dan White. But the legacy of Harvey Milk and other LGBT trailblazers is very much alive. Today there are more than 500 openly LGBT elected or appointed officials serving our country. Through their service and that of public officials representing other marginalized communities, it is clear that our democracy works best when our lawmakers reflect the nation’s diversity.

South Dakota State Senator Angie Buhl O'Donnell, another YEO, also reflected on Milk's impact:

Milk’s legacy has been a personal inspiration for me, as an openly bisexual elected official. Earlier this year, I became a Harvey Milk Champion of Change. While I was honored to be recognized by the White House with an award bearing his name, I actually had some hesitation about accepting. As a bisexual woman married to a man, I was worried about people thinking I didn’t really “deserve” it. But I realized that line of reasoning was not what Harvey Milk would have embraced. His legacy is about sharing your own identity, your own truth in whatever form that might take.  Besides, there’s a “B” in “LGBT” for a reason.

Though the right-wing has long tried to rewrite Milk's legacy, as affiliate People For the American Way's Right Wing Watch notes in this report on Liberty Counsel's Matt Barber . . .

Liberty Counsel’s Matt Barber is upset that the US Postal Service will issue a stamp honoring Harvey Milk, telling the American Family Association’s OneNewsNow that Milk was a rapist and “demonstrably, categorically an evil man.”

. . . it's clear that today is a day to celebrate how far the LGBT equality movement has come and to recognize the work that remains.

We remember.

We remember Harvey Milk

PFAW Foundation