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.
The legislation would enable gay and lesbian
couples to enter into civil union providing com Compiled by N ews Editor JlM RADOSTA, who can
be reached at jim@justout .com.
parable rights, benefits, responsibilities and
a t
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