J U S I O U I . apnl lfi.2004
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NATIONAL
he federal agency responsible for investigat
ing workplace discrimination issued a state
ment April 8 saying that discrimination based on
sexual orientation is prohibited in federal work
places. Gay rights activists were deeply concerned
with recent reports that the U.S. Office of Special
Counsel was retreating from its long-established
policy of investigating and enforcing disciplinary
action against sexual orientation-based emp|py-
ment discrimination against federal workers.
The O S C removed references to sexual ori
entation-based discrimination from its com
plaint form, its basic brochure, training slides
and a two-page flier titled “Your Rights as a Fed
eral Employee.” It also removed from its Web
site a June 2003 press release that announced
the settlement of a case involving discrimina
tion based on sexual orientation against an
applicant to the Internal Revenue Service.
According to the April 8 statement, the office
“intends to review and revise those materials.”
In a recent interview, O S C head Scott Bloch
created a distinction between “conduct" and
“status” as a gay man or lesbian, claiming a fed
eral employee could legally be fired or demoted
based solely on sexual orientation. In response
to questions from congressional Democrats, a
White House spokesperson March 31 said Pres
ident Bush does not support discrimination but
refused to say what action would be taken to
address the problem.
“The president should stop ducking behind
empty rhetoric,” said Terry McAuliffe, Democrat
ic National Committee chairman. “His appointee
has announced he will reverse 30 years of rights
for lesbian and gay Americans— and the president
has done nothing.... It’s time for this president to
stop winking at his right-wing base and start act
ing to protect the rights of all Americans.”
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NEWT YORK
T
he American Civil Liberties Union sued
New York state April 7 seeking to strike
down as unconstitutional a law that denies
same-sex couples the right to marry.
“Same-sex couples who commit to each
other and build a life together need the protec
tion of the law just as straight couples do,” attor
ney Matt Coles said. “The lives of the couples in
this case show all too vividly how unfair it is to
deny them that protection.”
The lawsuit, filed in state court in Albany,
charges that the law violates the equal protection,
privacy and due process provisions of the New
York Constitution. The lawsuit was filed on behalf
of 13 gay and lesbian couples, many of whom had
hoped to be married by New Paltz Mayor Jason
West but were unable to do so after he was forced
to stop performing same-sex marriages.
The couples come from all walks of life, rang
ing from a state assemblyman (Rosie O ’Don
nell’s brother Danny) and a New York City
police officer to a shipping clerk and an artist.
Many have been together for decades, and some
are raising children together. One couple has
grandchildren.
“After being together for 34 years, we’ve
learned a lot about love and commitment,” said
plaintiff Regina Cicchetti, who lives with Susan
Zimmer in Port Jervis. “I don’t know that I could
have made it through two life-threatening ill
nesses without the support of Susan. As we face
getting older, we see more and more how the
state disadvantages us by not letting us marry.”
Georgia’s only openly gay assembly member,
Karla Lee Drenner, tried to stop a constitutional
amendment banning same-sex marriage
GEORGIA
he Georgia House passed an amendment to
the state constitution March 31 that denies
same-sex couples and their children the basic pro
tections and equal rights of marriage. Voters will
face the question on the state ballot in November.
“N o constitution should be used to discrim
inate," said Cheryl Jacques, Human Rights
Campaign president. “The people of Georgia
deserve to be protected equally under their
guiding document.”
The amendment needed a two-thirds major
ity— or 120 votes— to pass. Although the House
defeated the measure in February, it returned to
the floor last month and passed by a vote of
122-52.
“The whole debate has really transformed
the lives of many gays and lesbians in Georgia,”
Allen Thomell, executive director of Georgia
Equality, told The New York Times. “For the first
time, they’ve decided to stand up for them
selves, be honest about who they are and say
why their families deserve protection.”
The only openly gay assembly member, state
Rep. Karla Lee Drenner, D-Avondale Estates,
was a strong advocate against the measure. Even
former U .S. Rep. Bob Barr, R-Ga., who
authored the federal Defense of Marriage Act,
voiced his disapproval of the measure and is
fighting a change to the U .S. Constitution.
T
FLORIDA
S
ix same-sex couples filed suit April 15 in Key
West demanding an end to marriage dis
crimination in Florida.
“Today...is a day when millions of same-sex
couples across the nation take on our responsi
bility as citizens and pay our taxes. Yet our
government fails to take on its responsibility to
provide us equal protection under the law,” said
Stratton Pollitzer, Equality Horida southern
regional director. “Tax day is a particularly
poignant day to file this suit because it also
marks the first time in our nation’s history that
same-sex couples, having been legally married
in Canada and in cities throughout the nation,
are being asked by our government to lie and file
as ‘single’ on their tax returns.”