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NEW JERSEY
A
n appeal brief filed May 6 in Lambda
Legal’s lawsuit seeking marriage equality
for same-sex couples in New Jersey puts the state
at the front of the line for the ultimate answer
on marriage for gay men and lesbians.
The historic lawsuit— filed in June 2002 on
behalf of seven couples— is based solely on the
New Jersey Constitution; therefore, the New
Jersey Supreme Court will have the last word in
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Effective T re a tm e n t
efeated U .S. Supreme Court nominee
Judge Robert Bork was the star witness
May 13 at a U.S. House Judiciary subcommittee
hearing on the Federal
Marriage Amendment.
“Judge Bork’s...philoso
phy falls well outside the
mainstream and fails to
even be conservative— it’s
just plain radical,” said
Christopher E. Anders,
American Civil Liberties Robert Bork
Union legislative counsel.
“His endorsement of the amendment should raise
serious flags about the intent of its supporters.”
In response to Romer vs. Evans, which held
that states could not prevent local governments
from enacting or enforcing laws to protect gays
and lesbians from discrimination, Bork claimed
the decision was the result of “the newly faddish
approval of homosexual conduct among the
elite classes from which the justices come."
The hearing was the third in a series of five
focused on the amendment, which was proposed
by U.S. Rep. Marilyn Musgrave, R-Colo., who
joined Bork and lawyer Jay Sekulow in testifying
for the majority. She compared the Lawrence vs.
Texas ruling, which overturned state laws prohibit
ing consensual sex between same-sex adults, to the
Dred Scott ruling, which upheld slavery laws.
Sekulow also has a history of anti-gay bias.
In a 1997 fund-raising letter for the American
Center for Law and Justice, where he serves as
chief counsel, he wrote: “The homosexual
agenda [is] a runaway train bent on destroying
communities— Homosexuals are not only out
of the closet, they are out to destroy the family
as we know it."
U.S. Rep. Barney Frank, D-Mass., testified
for the minority and argued for fairness for same-
sex couples. He was joined by Democratic U.S.
Reps. Jerrold Nadler of New York, Tammy Bald
win of Wisconsin, Robert Scott of Virginia and
Melvin Watt of North Carolina.
the case. The appeal follows a lower-court deci
sion late last year in favor of the state, just as a
lower court ruled in Massachusetts before its
high court concluded that same-sex couples
must receive marriage licenses.
“More and more these last few weeks, people
have been asking us if we are going to Massa
chusetts to get married," plaintiff Karen Nichol-
son-McFadden said. “We hope to be able to say
our vows right here in New Jersey by this time
next year.”
Along with the lawsuit, Lambda launched
an extensive education campaign to win the
hearts and minds of New Jersey citizens by
showing that gay and lesbian couples need and
deserve all of the protections marriage provides.
“What makes our case in New Jersey unique
is the pairing of the legal work with a highly vis
ible public education strategy, including 14
town ball meetings with record-breaking atten
dance throughout the state,” attorney David
Buckel said. “We learned our lesson in Hawaii
and Alaska, and we hope with this major invest
ment we will fend off, in advance, some of the
issues other states are battling now. New Jersey
has a very high probability of winning marriage
for same-sex couples and keeping it.”
KANSAS
he Legislature adjourned May 8, effectively
killing a proposed anti-gay amendment to
the Kansas Constitution that would have denied
marriage to same-sex cou
ples. The measure, which
failed in Senate and House
votes, also would have
denied the legal protec
tions of marriage to same-
sex couples in civil unions
or domestic partnerships.
“Legislators recognized
that resurrecting an anti
gay amendment to the David Adkins
Kansas Ginstitution was a
bad idea and waste of time,” said Cheryl Jacques,
Human Rights Campaign president. “This
amendment was twice rejected— first by the
Senate and then by the House. But some law
makers just couldn’t take no for an answer. It’s
heartening to see fairness won out.”
Following a successful House vote, the Sen
ate, led in part by Republican state Sen. David
Adkins, rejected the amendment March 26.
Lawmakers then brought the bill up for another
vote. The Senate passed it; however, the House
rejected it the second time around May 4-
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Marcye and Karen Nicholson-McFadden (with their children, Maya and Ka.sey) hope to marry
in New Jersey by this time next year
IOWA
I
n a friend-of-the-court brief filed May 10,
Lambda Legal asked the Iowa State Supreme
Grurt to reject an attempt made by anti-gay
groups to insert themselves into a case in which
an Iowa district court granted two Sioux City
women’s request to terminate their civil union.
“Iowa courts consistently resolve matters
between couples living together, regardless of
the status of their relationship, whether married
or not,” attorney Camilla Taylor said. “A hand
ful of legislators and others have tried to insinu
ate themselves into this particular case because
this time it involves two lesbians. It’s clear these
groups don’t like gay people, but that doesn’t
give them the right to interfere in other people’s
personal lives."
The two women filed papers to dissolve their
civil union in August 2003. The judge in their
case noted that he simply was resolving a legal
matter between a couple as the state’s courts
routinely do.
In February a group of state legislators, a con
gressman and a northwestern Iowa church filed
a petition to be heard by the Iowa State
Supreme Giurt. They have filed a lawsuit assert
ing that the judge, in the Iowa District Quirt for
Wcxxlbury Guinty, lacked authority to declare
the rights of the two women and terminate their
civil union, and have asked the state high court
to hear their case.
Lambda is urging the court to throw the case
out. The brief argues that none of the parties
involved in the challenge have legal standing to
interfere in the case because they aren’t harmed
in any way by the decision. The brief also points
out that Iowa law permits a court to terminate a
civil union, so that the members of the couple
can move on with their lives with certainty
about their legal rights, plan financially and start
new families.
NEW YORK
he New York City Council passed a mea
sure May 5 requiring contractors to provide
equal benefits to all employees, whether they are
married or in domestic partner relationships.
The lopsided 43-5 vote on the Equal Benefits
Bill came after months of hearings and years of
preparation and work by queer activists.
Despite the big victory, the bill must still
overcome the opposition of Mayor Mike
Bloomberg before it can become law. Once a
supporter but now an opponent, he is widely
expected to veto the bill when it reaches his
desk, forcing the council to override the veto if
it wants to enact the legislation. Speaker Gifford
Miller and lead sponsor Guincilor Christine
Quinn have said this is an action the council is
ready to take.
The bill requires contractors that do more
than $100 ,000 of business each year with the
city to offer the same benefits to employees who
are domestic partners as they do to those who
are spouses. It is expected to make benefits like
health coverage available to tens of thousands of
additional people in the New York City region
and hundreds of thousands across the country.
The bill was first introduced Sept. 23, 2002,
with less than a dozen council sponsors and
Bloomberg's support for the issue in general,
based on his response to the Empire State Pride
Agenda’s 2001 candidate questionnaire when
' he ran for mayor. In October 2002 he revealed
he no longer supported the issue and would
oppose the bill. “Trying to use the city’s pr<Kure-
ment dollars to advance social issues is just not
productive,” he said.
Bkximberg also cited a decrease in competi
tion for contracts and a resulting increase in the
cost of services. None of the jurisdictions with
similar laws in effect— Seattle, Los Angeles, San
Francisco, Oakland and the state of Califor
nia— have experienced such problems.
T