FBI Expands its Official Definition of Rape

The FBI's Uniform Crime Report Subcommittee has unanimously voted to officially change the definition of rape from "the carnal knowledge of a female forcibly and against her will" to "Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim." As the Feministing blog notes, this expanded definition now covers statutory rape, same-sex rape, rape with an object, forced oral or anal sex, male victims, transgender victims, victims with disabilities and victims whose consent has been "diminished" by alcohol or drugs. Astonishingly, the FBI had been using its previous definition of rape since 1929 without any alterations.

(Special thanks to OUTlaw VP Caitlin Childs for finding this story.)

DOJ's letter to Congress regarding DOMA

GLAD has posted a link to Attorney General Eric Holder's letter to Congress regarding DOMA. AG Holder sets forth the reasons why sexual orientation, as a class, should be inherently suspect and reviewed under heightened scrutiny. Read the whole letter here.

Ellen Degeneres speaks out about LGBT teen suicides

Ellen speaks out about the heartbreaking suicides that have come to the attention of the entire nation.

Please come to the meeting on Wednesday at noon with any ideas about how OUTlaw can respond to this issue and offer our help.

Quick Links: Interesting Stories

ABC news reports that a Georgia student has filed a lawsuit against Augusta State University over "Gay Sensitivity Training".

The New York Times published a story on society's recognition of same-sex marriage in South Africa.

WNEC Law's Non-Discrimination Policy

WNEC Law was one of the first law schools in the nation to adopt a non-discrimination policy that prohibits discrimination based on sexual orientation, gender identity, and gender expression.

Here's WNEC's policy:

"Western New England College is committed to the principle of equal opportunity in education and employment. The College does not discriminate on the basis of sex, race, color, creed, national origin, age, religion, sexual orientation, gender identity, gender expression, veteran status, or disability in admission to, access to, treatment in, or employment in its programs and activities."

Also, if you haven't been to WNEC Law's LGBT Life page, you can check it out here.

Gov. Linda Lingle (R) of Hawaii vetoes civil union bill

From the NY Daily News

"Hawaii is supposed to be paradise. But maybe not for everyone.

Republican Gov. Linda Lingle vetoed a controversial civil unions bill on Tuesday that would have granted gay, lesbian and opposite-sex couples the same rights and benefits as married couples.

The legislation, which was approved by the Legislature in April, would have made Hawaii one of six states – in addition to California, Nevada, New Jersey, Oregon and Washington – to give the rights of marriage to same-sex couples without sanctioning marriage itself.

Lingle argued that voters, not politicians, should decide on the future of same-sex civil unions.

"The subject of this legislation has touched the hearts and minds of our citizens as no other social issue of our day," she said. "It would be a mistake to allow a decision of this magnitude to be made by one individual or a small group of elected officials."

The American Civil Liberties Union and other pro-civil unions groups said they will file a lawsuit in state court within the next month.

"We are standing ready to file that lawsuit in short order to ensure that LGBT families in Hawaii are provided equal rights and benefits," Lois Perrin, legal director of ACLU Hawaii told KITV4 News in Honolulu. "To be sure, the Hawaii Constitution already provides that and we're going to make sure that the courts agree with us."

Perrin said the lawsuit could take months and perhaps even years to work its way through he legal system.

Shortly after Lingle's announcement, many opponents of the civil unions bill applauded, dropped to their knees, cried and prayed.

"What she did was very just, and I'm very happy about it," said Jay Amina, 50, of Waianae. "It sends a good message throughout the state of Hawaii — that our people here on the islands are standing for traditional marriage."

Supporters of the civil unions were outraged, shouting "We'll keep fighting!" and sang "We Shall Overcome."

"We had hoped the governor would do the right thing for civil rights and equality," Lee Yarbrough of Honolulu said while standing with his partner. "This battle is far from over." "

Iceland legalizes same-sex marriage; Prime Minister weds

From the Associated Press:

"REYKJAVIK, Iceland — Iceland's prime minister has married her partner under a new law legalizing same-sex marriage in the country.

One of her advisers, Hrannar B. Arnarsson, said Monday Prime Minister Johanna Sigurdardottir and writer Jonina Leosdottir were officially married Sunday, the day the law came into force.

The pair has been in a registered partnership since 2002 and had applied to have it converted into a marriage under the new law. No ceremony was held.

The law was passed without a dissenting vote in Iceland's parliament June 11.

Social Democrat Sigurdardottir, 68, became Iceland's prime minister last year, after the previous center-right government was ousted by a wave of protest triggered by the country's economic crisis."

Pride: Why we celebrate

As the Pride season draws to a close, let's take a moment to remember why we celebrate.
Stonewall: 1969

Closing Arguments: Prop. 8 Trial in San Francisco

Howard Mintz maintained a live blog throughout the Prop. 8 trial and is now doing the same for closing arguments. Check this link throughout the day for updates.

The Advocate: What Health Care Means for LGBT Americans

Ryan McLendon writes for The Advocate about what LGBTQ Americans can expect from the recently passed health care bill. Access the article here.

PA Senators vote against bill proposing a same-sex marriage ban

Neal Broverman of the Advocate reports:

"Pennsylvania legislators on Tuesday voted against advancing a bill that could have constitutionally banned same-sex marriage.

The state's senate judiciary committee tabled senate bill 707 by an 8-6 bipartisan vote. The bill, sponsored by antigay Republican senator John Eichelberger, could be brought up again, but it's unlikely the bill will be considered before the end of the 2010 legislative session, according to the American Civil Liberties Union of Pennsylvania.

“The efforts to embed discrimination against LGBT people into our constitution have failed for a third time,” Andy Hoover, legislative director of the ACLU of Pennsylvania, said in a press release, referring to failed attempts to pass similar legislation in 2006 and 2008. “This committee today recognized that LGBT people are our neighbors, our co-workers, our friends, and our family members and that they deserve to be treated with dignity and respect.”

Committee members who voted to table the bill included Republicans Pat Browne, Jane Earll, and Mary Jo White and Democrats Daylin Leach, Lisa Boscola, Wayne Fontana, Michael Stack, and Jay Costa."

Updated: Mississippi teen files suit for violation of free speech rights

 Constance McMillen has filed suit against the Itawamba County school district alleging a violation of her freedom of speech. McMillen, an open lesbian, requested permission to bring her girlfriend to the high school's prom as well as permission to wear a tux. Her requests were denied and on Wednesday, the ACLU informed the school district that denying McMillen entrance to the prom would violate her rights. The school district decided that it was better to cancel the entire prom for all students then to abide by the constitution.

McMillen says she's felt animosity from her fellow classmates over the ordeal, but that she returned to school today because she knows that her struggle will benefit others in the long run. [ABC News]

UPDATE: Mississippi Safe School Coalition is holding a "Second Chance Prom" for LGBTQ students and allies. Read more about it on MSSC's page.

CA State Senator Roy Ashburn (R) comes out to local radio station

David Begnaud of CBS13 in Sacramento, CA reports that Republican state Senator Roy Ashburn admitted that he is gay on a local radio talk show this morning. The revelation comes after Senator Ashburn was arrested for an alleged DUI last week. It was rumored that he had been pulled over after leaving a gay nightclub in Sacramento. Interestingly, it has also been noted that the senator has voted against every pro-LGBTQ measure that has come before him.

" "Well, I am gay," said Senator Ashburn on KERN Radio to conservative talk show host Inga Barks. "Those are the words that have been so difficult for me for so long. But I am gay."
The 55-year-old father of four said he crossed the line and broke the law, putting people at risk, so he owes the public an explanation.

"The best way to handle that is to be truthful and to say to my constituents and all who care that I am gay," he said. "But I don't think it's something that has affected, nor will it affect, how I do my job."

Ashburn has been on leave since his arrest last Wednesday morning. But according to sources at the capitol, Ashburn was picked up at his home this morning by the Senate's Sergeant at Arms. He [was] expected to be back at the capitol when the Senate conven[ed] today at 2:00pm."

Read the full text of the article here.

First same-sex marriages in Washington D.C today

Though the law went into effect last week, today was the first day that same-sex couples could marry in our nation's capital. Below are a couple of articles related to the day's events.

OUTlaw congratulates all the newlyweds!

Time article

CNN article

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.

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!

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.”

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)

Lunch with Professor Jennifer Levi

On Thursday February 25th at noon, Professor Jennifer Levi will be meeting with students in Room E to discuss her recent U.S Tax Court win. You can read more about the story here. Please join us!