Monday, March 28, 2011

Rhode Island Attorney General Files Human Rights Complaint Alleging Homophobic, Racist Abuse By Johnston Man, ACLU Begins Campaign Demanding Schools Stop Filtering LGBT Content To Students, Attorneys For Log Cabin Republicans File Brief Calling For Immediate Repeal Of Gay Military Ban, Mississippi County Sheriff’s Office Reinstates Openly Gay Deputy Corrections Officers Per ACLU Agreement, Barney Frank Says He Will Introduce Employment Non-Discrimination Act Wednesday Despite Almost Certainty It Will Be Killed

The Boston Globe reports that Rhode Island's attorney general has filed a civil rights complaint against a Johnston man who he says repeatedly hurled homophobic and racist epithets at a gay neighbour and at a neighbour with a bi-racial child. The complaint, filed Monday, alleges that Vincent Smith's behaviour drove Jennifer Piscione, a single mother, to move out of her condo in January, 2010. The complaint also says that Smith made homophobic remarks to Roger DiTusa, a gay neighbour, on about two dozen occasions over the course of two years. It says Smith was arrested in March for smashing the sliding glass door in DiTusa's condominium. If a judge rules that he violated Piscione and DiTusa's civil rights, Smith faces a $5,000 fine. The attorney general's office is also seeking a restraining order.

The American Civil Liberties Union has sent letters to schools in Missouri and Michigan telling them to stop blocking students' access to educational websites about gay, lesbian and transgender issues, reports that Associated Press, the ACLU adding that the letters are the beginning of a national campaign. Besides the letters sent Monday to the North Kansas City School District and Rochester Community Schools, the ACLU is planning to send several dozen records requests in the next few months. The ACLU first addressed the issue in 2009 when it filed a lawsuit over access to LGBT websites in the Knoxville and Nashville school districts in Tennessee. The districts ultimately agreed to stop using filtering software to block those sites. Since then, ACLU staff attorney Joshua Block says the organization has received complaints, prompting the national campaign.

The Associated Press reports that gay rights advocates are challenging a request by the Obama administration to keep the military's repealed policy prohibiting openly gay service members in place while the Pentagon prepares for an end to the practice. In a brief filed Monday in the Ninth United States Circuit Court of Appeals in San Francisco, lawyers for gay political group Log Cabin Republicans argued that keeping the old policy in place would be "absurd." At issue is the constitutionality of Congress allowing the policy to stay in effect to give the Pentagon time to train troops and take other steps outlined in December, 2010 when lawmakers repealed the 1993 law that banned gays from serving openly in the military. Under the new policy, the restrictions remain until the Pentagon certifies that the change won't damage combat readiness.

The Hattiesburg American reports that the Forrest County Sheriff’s Department will reinstate Andre Cooley as a deputy corrections officer as part of the settlement of a lawsuit filed by the American Civil Liberties Union and the ACLU of Mississippi, in which Cooley alleged that he was fired because he is gay. As part of the settlement agreement reached Monday, the sheriff’s department will also update its written non-discrimination policy to make explicit that the sheriff’s department does not discriminate on the basis of sexual orientation. “I am looking forward to returning to a job that I loved in the sheriff’s department,” Cooley said. “I’m very happy that the sheriff’s department has clarified in writing that they do not discriminate based on sexual orientation. Everyone should be judged by their ability to do the job, not by their sexual orientation.” Sheriff Billy McGee said “We are happy to have Mr. Cooley return to work in the department. His sexual orientation has no bearing on his ability to perform the duties of a corrections officer. The Forrest County Sheriff’s Department is an equal opportunity employer, and we do not discriminate based on sexual orientation. Our new written policy will make this position clear to every employee in our department.” Andre Cooley is a fine officer who never should have endured this experience. The sheriff’s department has done the right thing by making it clear that the department will not discriminate on the basis of sexual orientation,” Bear Atwood, the Legal Director at the ACLU of Mississippi, said that “All employers in Mississippi should follow the Forrest County Sheriff’s Department’s lead and include sexual orientation in their anti-discrimination policies. Discrimination is degrading and dehumanizing, creates a negative and unproductive work environment and robs employers and society of highly qualified employees.” The settlement agreement, which also includes a monetary amount, does not constitute an admission of liability by the sheriff’s department or its employees. Joshua Block, a staff attorney for the ACLU Lesbian Gay Bisexual & Transgender Project, said that “This is a great outcome for Andre, and for the residents of Mississippi,” but added that “Unfortunately, Mississippi residents who work for private employers do not have protections from sexual orientation discrimination. Andre’s case highlights the need for state and federal legislation, like the Employment Non-Discrimination Act, to ensure that all Mississippi residents have the same anti-discrimination protections as employees of the Forrest County Sheriff’s Department.”

In an interview with Metro Weekly, Representative Barney Frank (Democrat-Massachusetts) says he intends to introduce the Employment Non-Discrimination Act in the House on Wednesday, according to two LGBT equality advocates with direct knowledge of the congressman's plans. Frank's communications director, Harry Gural, confirmed that the plans are "to formally announce ENDA this week," although he added over the weekend that specifics are not yet nailed down and were expected to be so by this afternoon. The bill, which Gural says will be the same exact bill as that introduced in the 111th Congress, would prohibit most employers from discriminating in hiring and promotions on the basis of sexual orientation or gender identity. Although the bill is not expected to move forward in the House under the leadership of Speaker John Boehner (Republican-Ohio), Frank says, "It's an organizing tool. Obviously, with the Republicans in power, you're not going to get the bill even considered." But, Frank, who is the longest-serving out member of Congress, says, "I'm going to be urging people to spend their time talking to those who have voted in the past for ENDA and are supportive of ENDA but where we're not certain they're still with us on the transgender issue." Frank says, "[W]e have work still to do and we have overwhelming -- over 90 percent -- support on the Democratic side for ENDA based on sexual orientation and we had, in the last Congress, about 30 Republicans that way. Unfortunately, there's a drop-off from that number to transgender, and this is a chance to work hard to sway those who are committed to ENDA to support the full transgender inclusion as well," and adds that "We got hate crimes done, and we got 'Don't Ask, Don't Tell' repealed, and you can't do everything at once. And that, in fact, the problem was ... there was a fall-off – a significant one on the Republican side and some on the Democratic side – because the votes may not be there for an inclusive ENDA." Following up on the introduction earlier this month of the Respect for Marriage Act, which would repeal the Defense of Marriage Act, Frank says bluntly, "ENDA will pass before DOMA will be repealed congressionally." Frank says that concerns the DOMA repeal will take priority over the passage of ENDA are “inaccurate,” adding that "I believe that, with regard to DOMA, the goal is to win it in court. I do not think there is a good likelihood of getting DOMA repealed through the Congress. I think there is a good likelihood, in a Democratic Congress, of getting an inclusive ENDA. And that's the lobbying job for the whole community. Transgender people, lesbian and gay and bisexual people, our straight friends – the focal point should be to make sure that everyone who's supportive of ENDA supports the transgender inclusion."

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