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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (Nov. 2, 2001)
1 T he commissions decisions also make clear that, unlike federal disability laws, Massachu setts’ disability law does not exclude trans peo ple from protection. As long as a trans person is otherwise able to demonstrate he or she is “a qualified individual with a handicap,” that per son is entitled to protection from discrimination based on the person’s disability. T he commission’s decisions are consistent with recent state court cases in Massachusetts, New Jersey and New York; federal court deci sions from California and Massachusetts; and administrative decisions in C onnecticut, Florida and Illinois. They also reflect legislative devel opments in M innesota, Rhode Island and the District of Columbia as well as more than 30 local jurisdictions to include trans people explic itly in their nondiscrimination laws. D ignified pet S ervices obligations afforded to opposite-sex couples when they get married. The Assembly Judiciary Committee, chaired by Darrell Steinberg, has scheduled a second inform ational hearing Nov. 5 at Los Angeles City Hall. -z- state appellate court in San Diego released a extreme and unprecedented decision Oct. 25 that could have severe consequences for thousands of adopted children in families throughout California, according to Lambda Legal Defense and Education Fund. The case, Sharon S. v. Superior Court, involved a dispute concerning the validity of second-parent adop tion, the only proce dure by which both members of a same-sex or other unmarried CALIFORNIA couple can become the he National Coalition Against Censorship, legal parents of their the American Civil Liberties U nion of children. Southern California, the First Amendment Proj In a decision that is ect of Oakland and a large number of local and sending shock waves national artists announced Oct. 11 they are throughout the state, protesting the removal of Alex Donis’ exhibit the court appeared to “WAR” from the Watts Towers Art Center. call into question the T he show, which is composed of a series of legitimacy of these long-standing adoptions. paintings featuring fictionalized pairings of Los “Never before has a court anywhere in the coun Angeles Police Department officers and gang try purported to cast into doubt the validity of members in same-sex dancing poses with com thousands of finalized adoption decrees,” said panion text from renowned African American Kate Kendell, N ational C enter for Lesbian poet and performance artist Keith A ntar Mason, Rights executive director. stirred controversy. T he W atts Community A c During the past 15 years, trial courts across tion Council warned of protest and possible vio California routinely have granted thousands of lent action. A rt center director Mark G reen second-parent adoptions, and thousands of fami field, in consultation with Los Angeles Cultural lies now rely on these decrees to provide health Affairs Department general manager Margie insurance, Social Security, pension rights, inheri Reese, decided to take the exhibition down. tance rights and other crucial benefits for their T he groups and children. In spite of this settled artists urged the agency practice, the San Diego appel to take a stand for artis late court’s rigid interpretation tic expression by rein of the state’s adoption statutes stalling the show as says trial courts never had the soon as possible. Fur authority to grant second-par thermore, they called ent adoptions. for a policy to ensure “This decision ignores two First Amendment rights basic principles of California family law: that adoption are protected in the statutes must be interpreted in future. “A governm ent- light of the best interest of chil sponsored art space dren and that there is a strong public policy favoring the final cannot legally cancel an exhibition of consti ity of adoption decrees,” said Jennifer Pizer, Lambda senior tutionally protected ex A lex Donis* Popeye and Captain staff attorney. “Besides depriv pression merely be M cQill was banned along with the ing Joshua— the child involved cause the art may rest o f the “W A R ” exhibit in this case—of having two offend the sensibilities legal parents, the court’s decision could harm of certain members of the community,” they many other children and their families who were wrote in a letter to Greenfield and Reese. H eather Carrigan, ACLU of Southern C ali not even involved in the case by casting doubt on fornia public policy director, said: “A rt chal their legal status.” The court dismissed these concerns by saying lenges the very notion that there is only one way all of these families could apply for new adoptions of seeing things. N o one is required to like Mr. under Assembly Bill 25, California’s recently Donis’ art, hut everyone should he allowed to signed domestic partnership law, which goes into make that judgment for him or herself.” effect in January 2002. But, asks Jordan Budd, staff Svetlana M intcheva, N ational C oalition attorney for the American Civil Liberties Union Against Censorship arts advocacy coordinator, of San Diego: “W hat about families who have added, “If warnings of controversy and possible moved out of state and can’t qualify for a Califor violence succeed in silencing expression, then nia domestic partnership? W hat about families violence prevails over freedom and democratic where the birth parent has died— which would dialogue.” leave the child a legal orphan if the adoption is invalid? W hat about children who rely on an adoptive parent’s health insurance policy? This ean Harris, California Alliance for Pride and decision, if its effects aren’t restricted or over Equality executive director and former Basic turned, could cause chaos for so many families.” Rights Oregon executive director, testified in Civil rights groups expect the California . support of civil unions for same-sex couples Supreme Court will review the case and are ana Oct. 24 at the state Capitol. T he informational lyzing other strategies to minimize the harmful hearing addressed Assembly Bill 1338, authored effects of this decision. jn by Assemblymember Paul Koretz. 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