Robert M. Cover Public Interest Retreat 2010: Turning Point

This weekend WNEC Law organized the 23rd annual Robert M. Cover Public Interest Law Retreat at Camp Sargent in New Hampshire. WNEC organizers Imran Siddiqui, Maren Law, and Erin Wilson worked extremely hard to put this all together. This year's retreat was dubbed "Turning Point" and it was a truly incredible experience. Students and practitioners came from all over to participate: North Carolina, California, Hawaii, New York, Connecticut, Georgia... the list goes on. WNEC sent around 20 students, several from OUTlaw and we were all buzzing with energy.

The trek to Camp Sargent on Friday was long and treacherous for some. As snow quickly blanketed the area, drivers were faced with zero visibility and unplowed roads. There were flights delayed, flights cancelled, and several cars that became stuck in the snow en route. Most people, however, were able to fight through the weather to get to the retreat with perseverance and a lot of patience (and some help from tow trucks and muscle power). Those who could not make it were sorely missed.

The weekend was a great balance of workshops and plenty of time for networking and socializing. Four to five workshop topics were available per session and offered a range of subjects from Guantanamo to Disability Rights, Native American Law to Governmental Accountability, and everywhere in between. Especially pertinent to members of OUTlaw was the LGBT session hosted by WNEC Law's very own Professor Taylor Flynn and Jennifer Pizer, Senior Counsel and Marriage Project Director at Lambda Legal. Jennifer Pizer was also the keynote speaker on Saturday evening. She flew in that afternoon from Hawaii, just for the day, to speak at the retreat and was on a plane back to the west coast in less than 24 hours. We were (and are) very grateful that she so literally went out of her way to come and speak to us. The LGBT discussions were centered around the Perry v. Schwarzenegger case challenging the passing of Proposition 8 in California. The topic was used as lens through which we could better understand the LGBT movement: its history, where it stands currently, and where we are headed in the future. Particularly interesting was the discussion regarding impact litigation and the importance of bringing a case at the right time: though there is a heated and immediate demand for equality, we must patiently persevere in order avoid devastating set-backs. The message overall, however, was that we will get there.

The energy in a room full of extraordinary people who are absolutely determined to change the world and are so focused on the human face of the law is an experience beyond words. We left with a renewed clarity of direction, feeling energized, inspired, and eager to get to work. It was our Turning Point and I feel so fortunate to have been a part of it.

-Erika Scibelli, 1L

If you would like to know more about the retreat, please feel free to contact me on Facebook or at outlaw.wnec@gmail.com.

New arguments filed in Prop 8 case

The Associated Press reported that on Friday, counsel for Proposition 8 sponsors filed new arguments for Chief U.S Judge Vaughn Walker to consider. The new arguments claim that same-sex marriages would undermine heterosexual marriages by opening the door for polygamist marriages, among other things. Plaintiffs' counsel states that there is no evidence to support that claim.

Check back for updates on the scheduling of closing arguments in this case.

New York State Senate passes Family Health Care Decisions Act

Empire State Pride Agenda reports in it's newsletter:

NYS Legislature Provides Medical Decision Making Authority to Same-Sex Partners

"After being stalled in the Legislature for 17 years, the New York State Senate has finally joined the Assembly in passing the Family Health Care Decisions Act that enables a loved one to made health care decisions when the patient is not able to do so. The bill places a same-sex or opposite-sex domestic partner, just like a spouse, ahead of a surviving child or parent in making these decisions. Governor Paterson has said he will sign the bill into law when it is sent to him.
New York has been one of just two states where without a health care proxy, no one—not a domestic partner, spouse, or family member—could make health care decisions when the patient lacked the ability to do so. This gap in state law has sometimes forced loved ones to seek medical decision-making authority from a judge at the very time they should be focusing all their attention on caring for their partner.
Now, loved ones including same-sex spouses who were married out-of-state or fit the domestic partnership definition will have the ability to make these decisions. The domestic partnership definition is expansive, and includes those who may not be able to formally record their relationship because there is no domestic partner registry where they live. The Pride Agenda was instrumental in the redrafting of this domestic partner language to make sure it was uniform with all other domestic partner definitions in state law, such as that found in the hospital visitation bill that became law in 2004 and the control of bodily remains bill that became law in 2006.
Since same-sex couples still do not have the legal right to get married in New York State, the Pride Agenda has worked hard over the past few years to make sure LGBT families have protections in state law covering important end-of-life situations. When the Governor signs this measure into the law, the three most common situations where blood relatives sometimes seek to exclude a LGBT partner—hospital visitation, medical decision-making and the ability to make decisions about the disposition of partner remains—can no longer occur in New York State.
“We thank the Assembly and Assemblymember Gottfried for leading this effort for so many years and are glad the Senate has finally passed this measure and the Governor will be signing it into law,” said Executive Director Alan van Capelle."

Civil rights attorney Helen Trainor to speak at WNEC Law

On Wed. March 3rd at 4:00 pm in Room C, civil rights attorney Helen Trainor will speak about her role in helping to close the so-called "butch wing" at Fluvanna Correctional Center, a prison designated for women in Virginia. For more than a year, prisoners who were gay or perceived to be gay were housed in a separate unit called the "butch wing" and taunted by guards. After the story was reported by the Associated Press, in part thanks to Helen's efforts, the practice was discontinued.

Thanks to Professor Shay for this information!

Maryland AG says the state will recognize same-sex marriages

Maryland's Attorney General, Douglas F. Gansler (D), says that the state will begin to recognize same-sex marriages performed in other states, effective immediately. The opinion given by the AG does not allow same-sex marriages to be performed in the state, nor is it the law. Instead, it is an instruction to the courts and state agencies about how to proceed in matters regarding same-sex couples married in other states. This opinion is especially important because of Maryland's proximity to Washington, D.C which will begin issuing marriage licenses to same-sex couples in March. Next month, the House Judiciary Committee in MD will consider a bill that would allow same-sex marriages to be performed in that state.

Equality Maryland & Freedom to Marry have both praised AG Gansler's opinion.

Guyanese group seeks to tackle transphobia

The New York Times reports via Reuters:

"GEORGETOWN (Reuters) - A group of transgender men in Guyana have asked the country's Supreme Court to strike down laws that leave them open to arrest following a police crackdown on male cross-dressers.
Police in the tiny South American country, where both homosexuality and transgender dress have been illegal for decades, detained and briefly held six transgender males in jail last February on charges of "cross-dressing."
"It was one of the most humiliating experiences of my life. I felt like I was less than human," Seon Clarke, who was among those detained last year, said in a statement from Guyana's Society Against Sexual Orientation Discrimination (SASOD) on Monday.
Clarke is also one of those who on Friday filed a motion for the Supreme Court to overturn the sexual orientation and dress laws. SASOD, which is representing the group, said it had assembled an international team of lawyers for the case.
The recent crackdown brought criticism from international rights groups, and drew attention to similar laws that make homosexual activity and transgender dress a crime in many of the Caribbean region's former British colonies.
The Supreme Court has not said whether it will hear the case.
Guyanese law prohibits men from appearing in public in female attire, and vice versa. The law appears in a section of Guyana's legal code that also makes homosexuality a crime.
An effort to overturn the laws has been opposed by Guyana's powerful Christian, Hindu and Muslim clergy and has gained little traction with the government.


(Reporting by Neil Marks in Georgetown. Writing by Joshua Schneyer; Editing by Frank Jack Daniel and Paul Simao)"

Arrest warrant issued for Lisa Miller in custody battle

The Advocate reports:

Arrest Warrant Issued in Lesbian Parent Custody Case
By Advocate.com Editors

In a high-profile same-sex parent custody case, an arrest warrant has been issued for a woman who refused to transfer custody of her 7-year-old daughter to her former partner in Vermont before disappearing.

In late January a judge in Vermont family court had given Lisa Miller of Forest, Va., 30 days to appear in court with her daughter after she had failed to turn the child over to her ex-partner, Janet Jenkins, who had been granted full custody.

In 2000 the couple joined in a civil union in the state and had a daughter, Isabella, via artificial insemination in 2002.

A year later, Miller and Jenkins ended their relationship. Miller moved to Virginia and became an evangelical Christian.

The custody dispute has attracted national attention, with Jenkins appearing on Nightline in January to tell her story. “My goal has never been to separate Isabella from her other mother, Lisa,” Jenkins said. “I just want what is best for our child, and that is to know both of her parents.”

Miller’s whereabouts have been unknown since November. In December she wrote on her Facebook page that the Vermont judge’s decision to award custody to her former partner was a “dark ruling.”

Gay Immigration Bill Gains Key Cosponsor

Congresswoman Maxine Waters (D-CA) signs on as cosponsor of the LGBT immigration bill that would extend immigration rights to same-sex couples and families. Follow the link below to the full article.

Gay Immigration Bill Gains Key Cosponsor News Advocate.com

Minnesota to consider same-sex marriage

Minnesota is set to hold a hearing regarding the Marriage & Family Protection Act which includes measures that would establish civil unions and recognize out-of-state same-sex marriages. Andy Birkey of The Minnesota Independent reports:

Same-sex marriage to get ‘historic’ hearing at Minnesota Capitol

"LGBT advocates are calling an upcoming Minnesota House committee hearing on same-sex marriage “historic.” The hearing, to be held Monday afternoon, will be the first time same-sex marriage will be discussed in a committee hearing without the specter of a constitutional ban on gay marriage — a measure Republicans have tried for years to pass.

The only hitch: It’s only for informational purposes, and no vote will be taken.

OutFront Minnesota, the state’s largest LGBT advocacy group, says that’s okay. It’s still progress
“Although no votes will be taken Monday, the hearing will be historic because it is the first time a committee in our state Legislature will be looking at what enacting marriage equality means for Minnesota,” the group wrote in an email on Thursday.

Three measures will be discussed: a bill to make marriage gender neutral (the Marriage and Family Protection Act), a bill to establish civil unions, and a bill to allow for the recognition of same-sex marriage performed outside Minnesota
Doug Benson, the citizen author of the Marriage and Family Protection Act, said the hearing seems to be more an effort to stifle gay marriage supporters during an election year.

“It’s basically a show hearing,” he said.

But OutFront believes it’s a good opportunity to let legislators know how important the issue is.
“Supporters of marriage equality will speak about what it would be like if our state no longer explicitly barred same-sex couples from legal protections. Legislators will hear from experts and their constituents that discrimination against people because of who they love or who they are is wrong.”

Flyers for sale: OUTlaw fundraiser for OUTnow at Diva's

Stop by the OUTlaw table outside the cafeteria on Tuesday or Wednesday to purchase your flyer for the fundraiser/social event. The flyer is $1 and will get you a reduced cover charge at Diva's on Thursday, February 25th (the cost of the flyer + the cost of discounted cover is STILL less expensive than Diva's usual cover!) All the proceeds made from the sale of the flyers will be donated to OUTnow, an LGBTQ youth organization in Springfield, MA.

Throw on your best cowboy attire and have a great time while supporting an even greater organization!

(If you're not from WNEC and would still like to support a great cause, please contact Erika Scibelli via Facebook or email at outlaw.wnec@gmail.com)