HRC Back Story

The establishment of marriage for same-sex couples in California (2008) and Massachusetts (2004) legally expanded the definition of "spouse" as used in many employment and benefits contexts in those states and, as of July 31, 2008, neither state requires married couples to reside there. Also, the State of New York has taken steps to recognize same-sex spouses married in other states.

As a result, employers across the country must assess their employee benefits with respect to same-sex spouses. In fact, John Lake, our director of corporate relations, recently reported on a business panel organized by HRC Board of Governors member Tom Floyd on how California companies are legally responding to gay and lesbian couples who marry.

The HRC Foundation has produced a new resource that examines the interplay between inconsistent state and federal laws and an individual employer’s partner and spousal benefits structures. The guide, "Marriage for Same-Sex Couples: Considerations for Employers," also suggests ways employers can proactively address changing laws to ensure same-sex couples are provided equal benefits, including eligibility, enrollment and tax treatment of benefits.

Download Marriage for Same-Sex Couples: Considerations for Employers [PDF]

[Photo: San Francisco Mayor Gavin Newsom at City Hall with Phyllis Lyon and Del Martin, the first couple to marry under California's new marriage law.]

John Lake, our handsome director of corporate relations, now splits his time between his home in San Francisco and our Washington, DC office.  We miss seeing him as frequently around the office - so it's an extra special treat when John writes a guest post for Back Story. Here's an update from California:

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From John Lake, HRC Director of Corporate Relations:

On Tuesday I was able to get two very different views of the same-sex marriage issue here in California. 

The first view was very personal. A few weeks ago, HRC was contacted by two of our long-time supporters, Gene Gandy and Dale Heizler (pictured right), who currently live in Atlanta.  They were planning on coming out to San Francisco to get married after 43 years together. Yes, 43 YEARS! They needed a witness and wanted to find someone from the HRC Family who would be willing to stand up with them. Of course, I was more than happy to have this honor and when I found out it would coincide with my time in San Francisco, I jumped at the chance.

Tuesday was the big day, and I met them at City Hall. These self-described “Southern Gentlemen” were amazing, and Gene told me stories about living in Alabama and being a part of the Civil Rights movement in the sixties.  These guys have seen and lived through a lot! I am not that young myself, but they have been in their relationship slightly longer than I have been alive. Remarkable.

There were several other couples getting married while we were there, the majority of which were gay or lesbian. Two women in their twenties were right before us, and it was inspiring to note the diversity: two giddy young women in jeans, followed by two mature men in dark suits – but both couples proclaiming the same intent to love, honor and protect each other.  During the service in the City Hall rotunda, I was able to snap some photos. I thank Gene and Dale for the honor of being a part of this joyous event and wish them another four decades of happiness together.

Later that night, I was able to attend an event that provided a much different view of the same-sex marriage issue: a panel that explored the ways California companies are handling matters related to their gay and lesbian employees who decide to tie the knot. On the outside, it seems like it would be easy for a company to treat same-sex married employees the same as opposite-sex married couples.  But because of the limitations that the Federal DOMA legislation creates, it becomes a very complicated issue.  To me this underscores the fact that no matter what happens on the state or local level, true equality will never be possible until lasting change is made federally. 

The event was put together by HRC Board of Governor member Tom Floyd and held at Intuit headquarters in Mountain View, just north of San Jose.  Panelists included Intuit’s Lynett Hamel, who provided insight on how her company has striven for equity in their treatment of same-sex married couples; HRC’s own Workplace Project Director, Daryl Herrschaft, who was able to provide a national perspective as well as lessons learned from Massachusetts; and Tita Gray from PG&E, who discussed her company’s brave public stance on the issue as well as their generous donation to the Equality for All Campaign. 

The group was rounded out by three attorneys from Bay Area firms who are all on the front lines of exploring and making sense of the uncharted legal territory now created by same-sex marriages: Kristen Jacoby, Deb Kinney, and Ron Triche. They untangled complicated topics such as benefits administration, implications for retirement and 401(k) plans, taxation issues, repercussions for out-of-state companies with employees based in California, and the one that generated the most dialogue: civil unions vs. marriage.  On that subject, it was fairly unanimous that couples should maintain their civil union status after getting married since it is more portable and recognized in more places around the country.

Following the panel, Ron Triche and Matthew Gouaux from the law firm Trucker Huss presented an in-depth breakout session which explored specifically the impact of same-sex marriage on employee benefit plans.  While much of the complex material was designed for HR professionals (and thus a little over my head), I did take away the critically important idea that same-sex couples – whether in a civil union, domestic partnership or married – must always have their t’s crossed and I’s dotted when it comes to beneficiaries of benefit plans.  Unfortunately, the law is not always on our side – so we must make sure our documents are in order and up to date.

Close to 150 people from all over the Bay Area attended the event, and it was covered by our local Fox network affiliate, KTVU.

It was a very balanced day – getting to experience the pure romantic joy of witnessing Gene and Dale’s nuptials, followed by a crash course on the practicalities being addressed by the California business community. Personally, these divergent perspectives served to only strengthen my resolve to do whatever I can to make sure we beat back the ballot initiative in November that could take it all away.

Chris Edelson, HRC's state legislative director,and Allyson Robinson, our associate director of diversity, joined local leaders at Washington, DC's Equal Rights Center today to determine ways to fight ongoing discrimination against the transgender community in the local area. Here's Chris's quick update on the meeting:

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Today, Allyson Robinson and I attended a strategy meeting at the Equal Rights Center, a few blocks away in Dupont Circle.  The Equal Rights Center works to combat discrimination in the Washington, DC area, especially regarding fair housing, employment, immigrant rights and disability practices. 

The Equal Rights Center gathered various organizations and activists, including Board of Governors member Dr. Dana Beyer, to discuss ideas for work related to preventing discrimination based on gender identity or expression.  It was a great opportunity to brainstorm with people from other groups about the issues transgender people face in the workplace and elsewhere. 

At the moment, on the local level, there is a lot of concern in the District of Columbia over an attempt to change existing D.C. regulations concerning gender identity or expression in a way that would actually undermine D.C. law prohibiting discrimination based on gender identity or expression.  A number of organizations, including HRC, as well as a number of concerned individuals, have submitted comments to the D.C. Office of Human Rights objecting to the proposed changes.  In addition on the local front, we are supporting Basic Rights Montgomery’s vital efforts to uphold protections in nearby Montgomery County against discrimination based on gender identity or expression.  There is an effort to repeal these protections, and voters in Montgomery County are likely to decide the matter at the polls this November.

Good afternoon,

It’s hard to believe, but the Human Rights Campaign Twelfth Annual National Dinner is just two months away.

Earlier this week, HRC announced that personal finance expert Suze Orman will be presented with the National Equality Award. In addition to being a best-selling author and Emmy Award-winning talk show host, Suze is someone whose commonsense financial advice has been heard by people across the nation and the globe. That this advice comes from an open lesbian bridges the divide between LGBT and heterosexual communities and proves that we all share the same concerns about paying our bills, feeding and clothing our children, and buying homes.

This idea is particularly resonant in this election year. The night of the dinner, October 4th, is exactly one month from Election Day, and HRC will be working overtime to guarantee that the first Tuesday in November brings the change that our community has worked so hard to achieve.

By that time, HRC and our state and local partners will have trained hundreds of pro-equality activists to volunteer in some of this year’s most crucial races through our Camp Equality program. The success of these two-day trainings led us to increase the number of camps from the originally slated 13 to 18. The twenty-six promising young participants in the Campaign College program will be deployed to targeted races across the country, working full-time as members of the staffs of fair-minded candidates and campaigns to beat back discriminatory ballot measures. To keep up with the latest news on these programs, check out the HRC Back Story blog.

This is our Year to Win. There is so much our community stands to gain—relationship recognition, working to repeal “Don’t Ask, Don’t Tell,” and the passage of fully inclusive hate crimes and employment protections.

But this week brought another solemn example of just what we’re fighting for. Angie Zapata, an 18-year-old transgender woman, was brutally murdered in Greeley, Colorado in what prosecutors are calling a hate crime. Jose Andrade, charged with first-degree murder and a possibly sentence-extending bias crime, has attempted to justify his actions by invoking a “trans panic” defense. It’s nothing more than a scurrilous attempt to blame the victim for this heinous crime. The case is a reminder of the violence that threatens transgender people every day, and the urgent work we must do to put an end to it. Just this week, the National Coalition of Anti-Violence Programs reported on a rash of hate crimes that have plagued the nation since February.

One need look only to Angie, to Lawrence King, to former Marine Staff Sgt. Eric Alva, or to Del Martin and Phyllis Lyon to understand just how much is at stake in 2008. I hope you’ll join us, for Camp Equality or the National Dinner or on the campaign trail.

Have a wonderful weekend.

Warmly,

P.S. There’s another important election year event between today and the National Dinner. On August 26th, HRC will hold the Rock to Win event in Denver during the Democratic National Convention. Melissa Etheridge, Cyndi Lauper and Rufus Wainwright will perform. There’s still time to reserve your seat! Tickets are available through Ticketmaster.

HRC announced yesterday that best-selling author, Emmy Award-winning television host, and personal finance expert Suze Orman will be honored with the 2008 National Equality Award at the organization's Twelfth Annual National Dinner in Washington D.C. on October 4th.

Orman was named one of TIME Magazine's 100 Most Influential People in the World in 2008. As a nationally-recognized figure, Suze is raising the profile of LGBT Americans and educating the world about the financial hardships LGBT families face because of inequities in our country's federal laws.

Suze Orman has written, co-produced, and hosted six PBS specials based on her New York Times bestselling books, and is the single most successful fundraiser in the history of public television. 

She has won dozens of awards, including two Daytime Emmy Awards in the category of Outstanding Service Show Host for her PBS specials. 

Orman is a contributing editor to "O" at Home as well as "O", The Oprah Magazine in the United States as well as the South African edition.  She has a syndicated column called Women & Money, writes a bi-weekly column, Money Matters, on Yahoo! Finance, and a bi-monthly column for the Costco Connection. Orman hosts the extremely popular and award-winning Suze Orman Show, which airs every Saturday night on CNBC and on XM & Sirius radio, and also hosts the Financial Freedom Hour on QVC television.

Joe Solmonese issued this statement on the choice to recognize Orman at this year's National Dinner:

Suze Orman is someone whose commonsense financial advice has been heard by people across the nation and the globe—both LGBT and straight.  That this advice comes from an open lesbian bridges the divide between LGBT and heterosexual communities and proves that, no matter our sexual orientation or gender identity, we all share the same concerns about paying our bills, feeding and clothing our children, and buying homes. HRC is pleased to recognize her achievements by presenting her with the 2008 National Equality Award.

The 2008 National Dinner will be held in the Grand Ballroom of Washington's Convention Center. More than 3,000 are expected to attend the event, which will be chaired by Janet Carter and Jackson Palmer. Along with Orman's award presentation, the dinner will also feature political speakers, a silent auction and entertainment.

WHAT: Human Rights Campaign Twelfth Annual National Dinner
WHEN: Saturday, Oct. 4, 2008, 7:00 p.m. (EST)
WHERE: Washington Convention Center, Grand Ballroom, 801 Mt. Vernon Place NW, Washington, D.C.

Ticket Info: Tickets for the event may be reserved online at www.boxofficetickets.com or www.hrcnationaldinner.org. To reserve tickets by phone, call Box Office Tickets at 800/494-8497.

Credentialing: Media pre-registration required. To receive credentials for the dinner, please contact Rachel Balick at rachel.balick@hrc.org.

Good afternoon,

To me, this week vividly illustrated the lesbian, gay, bisexual and transgender community’s progress, inching ever closer to our goal of full equality. We’re building momentum—and it couldn’t have come at a better time. This momentum is our signal to ramp up our efforts and throw all our community’s strength and energy into working to make fairness and justice a reality.

The president’s signing of the PEPFAR reauthorization bill with the repeal of the HIV travel and immigration ban presents us with just this sort of opportunity. We appreciate the president signing the repeal of this unjust and sweeping policy that deems HIV-positive individuals inadmissible to the United States, and we thank our allies on Capitol Hill who fought to end this injustice.

But we’re not done yet.

Now, we must call on Secretary of Health and Human Services Mike Leavitt to remove the remaining regulatory barriers to HIV-positive visitors and immigrants. To remove HIV/AIDS from the list of communicable diseases precluding entry into the United States, HHS will have to promulgate new regulations. The new regulations must first be published in the Federal Register, to allow for public comment. After the proposed regulation first appears there, a 30, 60, or 90-day comment period follows and only then is it finalized. I will be sure to let all of you know what you can do to speed up this process when we learn more.

Yesterday, Massachusetts Governor Deval Patrick signed a repeal of a 1913 law that was used to bar out-of-state same-sex couples from marrying in the state. Same-sex couples from any state will now be able to marry in Massachusetts, although their marriage may not be recognized by their home state.

Governor Patrick, the Massachusetts legislature, MassEquality, and GLAD deserve applause for repealing this antiquated and discriminatory law. The law’s repeal isn’t just a victory for loving, committed couples who wish to have at least some legal recognition of their relationship. This law’s repeal is a moral acknowledgment that the fundamental right to marry knows no borders, and that gay and lesbian couples shouldn’t be barred from marrying in Massachusetts just because their home states have discriminatory marriage laws.

Across the nation, the LGBT community and our allies are using these victories to fuel themselves for what could be the most important fight of our lives: the elections in November and the ballot initiative battles in California, Arizona, Florida and Arkansas.

Last weekend, HRC Board of Directors member Bruce Basttian stood up during our annual San Francisco gala dinner and pledged $1 million to the campaign to defeat California’s Proposition 8, which would end marriage equality in the state. Bruce’s unforgettably generous donation was motivated not only by his personal dedication to LGBT equality, but by a desire to inspire those who have heretofore stood on the sidelines to rise up, as he did, and vow to contribute to this vitally important struggle.

If the events of this week are any indication of things to come, then we could be on the verge of breakthroughs that could lead us to the passage of fully-inclusive employment protections, the repeal of “Don’t Ask, Don’t Tell,” and more widespread recognition of LGBT families. But we’ve got no time to rest. Our community and its allies must join together and work harder than we ever have to capitalize on this momentum and move full-speed ahead toward our goal: full equality, full inclusion, and full recognition under the law.

As always, I’ll be sure to keep all of you updated on our progress, the obstacles we must overcome, and how you can play a part in it.

Before I end today, I want to send our thoughts and prayers to the members of the Tennessee Valley Unitarian Universalist Church in Knoxville on behalf of the entire HRC family. Harry Knox, director of the HRC Foundation’s Religion and Faith Program, attended a candlelight vigil honoring the victims on Monday of this week. He praised the Unitarian Universalists for their staunch support of the LGBT community. To learn more about the vigil, please read a Boston Globe article on the event here.

Have a wonderful weekend.

Warmly,

P.S. Check your mailboxes for the latest issue of Equality Magazine, which features Senator Barack Obama on its cover.  Other topics in this quarter’s issue include Senator John McCain’s record on LGBT issues, the California marriage battle, and last month’s Congressional hearing on transgender issues.

HRC released the following testimony offered today by Allison Herwitt, our legislative director, at the National Platform Drafting Committee meeting held by the Democratic National Committee in Cleveland, Ohio.

Here's the full text of her testimony:

Written Statement of Allison Herwitt
Legislative Director
Human Rights Campaign

National Platform Drafting Committee
Democratic National Committee
Cleveland, Ohio
August 1, 2008

Members of the Drafting Committee:

My name is Allison Herwitt and I am Legislative Director for the Human Rights Campaign, the nation’s largest gay, lesbian, bisexual and transgender, or GLBT, civil rights organization. On behalf of our over 700,000 members and supporters nationwide, I thank you for the opportunity to testify before the drafting committee today regarding the 2008 platform.

First and foremost, I would like to acknowledge the Democratic Party’s long-standing role as a friend, ally and advocate of the GLBT community. The Democratic Party Platform has historically reflected that commitment to this constituency, and, most recently, the 2004 platform included support for a number of policy priorities critical to our community. I come before you today to ask that you once again include strong support for the rights of GLBT people in the Democratic platform, and increase the range of support from the 2004 platform, by explicitly supporting the equality and dignity of transgender people.

HIV and AIDS remains a critical issue for GLBT people, as the epidemic continues to affect our community disproportionately, particularly young people and gay and bisexual men of color. We ask that the platform continue to call for robust funding of prevention, care and research efforts. Prevention programs must be comprehensive, science-based and focused on the communities they are meant to serve. We ask that the platform include a call for the development and implementation of a comprehensive national strategy on HIV/AIDS.

Despite advances, far too many GLBT Americans continue to face workplace discrimination. It remains legal to fire someone based solely on sexual orientation in 30 states, and in 38 states based on gender identity. Transgender people are particularly vulnerable to discrimination in the workplace and it is absolutely crucial that the platform explicitly support workplace protections based on gender identity. We ask that the platform call for the adoption of a federal law that prohibits employment discrimination against all members of our community.

GLBT people have proudly served in our nation as members of the Armed Forces and are defending our nation today in Iraq, Afghanistan and elsewhere. Yet, our country maintains a policy that requires courageous men and women to serve in silence, fearing that they could be discharged for reasons unrelated to their honorable service to our country. We ask that the platform continue to call for an end to the discriminatory “Don’t Ask, Don’t Tell” policy and to support the ability of patriotic gay, lesbian and bisexual Americans to serve openly and honestly.

Hate violence continues to threaten the ability of GLBT people to live their lives and participate in their communities. FBI statistics consistently show that a substantial portion of hate crimes are committed based on sexual orientation, and reports of particularly vicious violence against transgender people are all too frequent. We ask that the platform continue to support a strong federal hate crimes measure that protects all members of our community.

While marriage and other forms of relationship recognition are a reality for gay and lesbian couples in more and more states, federal law continues to deny them access to a myriad of rights and benefits. For example, these committed couples do not have equal access to Social Security survivor benefits, equitable taxation of their health insurance benefits, or the ability to attain permanent legal status for a foreign partner. We ask that the platform continue to support equal rights, benefits and responsibilities for gay and lesbian couples and to oppose any effort to amend the U.S. Constitution to define marriage.

We recognize the important role faith-based organizations play in tackling social problems, but are also keenly aware that religion is too often used a proxy to discriminate against GLBT people. We ask that the platform continue to insist that these organizations not be permitted to use federal funds to discriminate.

Landmark decisions like that in Lawrence v. Texas, guaranteeing the most basic right of GLBT people not to be branded as criminals for who they love, emphasize the importance of the judiciary to our community’s well-being. We ask that the platform continue to support the nomination of fair and impartial judges.

On behalf of the Human Rights Campaign, I thank you for the opportunity to testify today. We are proud to stand with Senator Obama and the leaders of the Democratic Party, who are committed to our vision of equality for gay, lesbian, bisexual and transgender people.

NOTE FROM CHRIS: I've already posted the videos of Meghan Stabler and Diego Sanchez speaking at the HRC San Francisco Gala Dinner on July 26.  It was a night that was made even more memorable when Bruce Bastian, founder of WordPerfect and a member of HRC's Board of Directors, pledged $1 million to help protect marriage equality in California.  Here's the full text of HRC President Joe Solmonese's remarks at the dinner, as prepared for delivery:

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Since I stood before you one year ago, I believe that our community has made more progress and has done more to move this country in the direction of full equality than at any other time in our movement’s history.

Has it been without pain?  No, but work as complex as social change rarely is.  Has it been without sharp disagreements about how best to move forward?  No, as evidenced by the people protesting outside tonight. 

But here’s what I know.  In any struggle for civil rights in this country, there have been occasions when different groups of people have marched down different roads.  What is important to our ultimate success is that each of those roads ends at the same place.  And while I regret the pain and distance that sometimes comes from taking different paths, I am more assured and more committed than ever that those of us outside this room and those of us inside this room are going to arrive at the same place – one that ensures that every member of our community, gay, lesbian, bisexual and transgender has the same rights and the same protections as every American.  We may differ in how we get there, but we will get there together.

We are fortunate to live in a country that allows us to speak out passionately and forcefully about our beliefs.  I welcome that passion and I respect it.

But we are also united tonight in celebration of heroic people and heroic actions over the past year.

I want to thank some heroic people who have been doing extraordinary work out here, on the front lines – the board members, board of Governors and steering committee members of HRC -  led by Frank Woo, Linda Scaparotti and, someone who has stood strong and proud of his convictions and been a hero to all of us, Scott Weiner.

I want to celebrate and honor Tom Floyd and Jill Federico and the entire dinner committee here for their heroic work and unwavering commitment to ensuring that this dinner was once again a success.

I want to thank my friend Diego Sanchez for his courageous testimony on issues of deep importance and concern to members of the transgender community before a house subcommittee recently.  And Meghan Stabler of HRC’s Business Council for submitting written testimony and for the love and support she has shown to me over these past months.

And, of course, I want to thank all of you for helping make everything that has happened this year possible.

Not only did we have the first, ever, hearings on gender identity and expression before Congress, but just this week, for the first time since it was enacted in 1993, the House Subcommittee on Military Personnel held a hearing on repealing the military’s discriminatory “Don’t Ask, Don’t Tell” policy.  You’ll be proud to know that the bill to overturn the ban is being chaired by Congresswoman Ellen Tauscher from right here in the Bay Area.

Because you helped us change the face of Congress two years ago, we had another long overdue victory last week as well.

For over 20 years, US immigration law has barred almost any person with HIV from entering this country for any reason.  Thanks to the leadership of Senators John Kerry, Joe Biden and Gordon Smith – as well as your own Congresswoman Barbara Lee – we were able to secure a full repeal of this policy part of the Global AIDS funding bill that passed the Senate last week.

It was a historic victory, tempered only briefly by the Senate’s very own rocket scientist, Elizabeth Dole, who introduced an amendment that would have named the Global AIDS bill after her predecessor from North Carolina, Jesse Helms.  Fortunately, she was one of the only members of the Senate to think this was a good idea and it was removed – as she will hopefully be this November.

Just uttering the name Jess Helms should remind us all that we continue to have enemies out there working against all of us.  Not losing sight of that and standing united against them are the only ways we will continue to make these historic gains.

But of course, the most inspired victory that we have to celebrate tonight is the decision on May 15th by the California Supreme Court to grant full marriage equality to our community.  Holding onto that victory this November and defeating the discriminatory ban is, without question, HRC’s and our community’s most significant priority.  It is why I am so proud that HRC is one of the largest institutional financial supporters of this fight – and why we will continue to devote staff and resources and the energy of our membership to this challenge every day between now and November.

As hard as I know we’ll all fight in the coming months to beat this ban, there is another fight that is equally important.  The fight to ensure that our next President will be Barak Obama.  He is a man who looks across the diverse patchwork that is America and very clearly sees us.  He has talked with me about his vision for the future of this country and he understands deeply that our fate is inextricably tied to the fate of America.

John McCain has voted against the Matthew Shepard Hate Crimes Act, against the Employment Nondiscrimination Act, and while he has certainly served his country with honor, he does not afford that same honor to the thousands of gay and lesbian members of the armed services who continue to serve in silence.

At the Human Rights Campaign we were proud to endorse Senator Obama and we will do whatever it takes to see that he is elected this November.

There is someone else here tonight who is working equally hard to elect Senator Obama and to beat this discriminatory ban in November.  She has been a true hero to the gay, lesbian, bisexual and transgender community.  Congresswoman Lynn Woolsey, whom I am honored to introduce, believes in – and fights tirelessly – for our equality.  In the world that she envisions, “we the people” means All of the people.  She is one of our most passionate allies on Capitol Hill.  She has a lifetime 100% voting record on HRC’s Congressional scorecard.  Because of Congresswoman Woolsey, our voices will always be heard at the highest levels of our government.  It is my honor to introduce Congresswoman Lynn Woolsey.

With just 100 days to go before November’s election, we had a great show focusing on some of the politics of the moment as well as some lighter topics last night on The Agenda with Joe Solmonese.  Here are audio clips of some segments of the program:

Rep. Robert Wexler
The six term Florida Congressman talks about his new book “Fire Breathing Liberal.”  Listen:
• http://www.theagendaonxm.org/audio/20080728/wexler.mp3

Page Gardner
The executive director of Women’s Voices. Women Vote. talks about Barack Obama’s advantage among unmarried women.  Listen:
• http://www.theagendaonxm.org/audio/20080728/gardner.mp3

Dan Hunt
The filmmaker behind the new documentary “Bear Run” discusses the gay male bear subculture.  Listen:
• http://www.theagendaonxm.org/audio/20080728/hunt.mp3

Paul Alexander
This biographer of McCain gives an in-depth look at the Senator.  Listen:
• http://www.theagendaonxm.org/audio/20080728/alexander1.mp3
• http://www.theagendaonxm.org/audio/20080728/alexander2.mp3

Damien Holbrook
The TV Guide senior writer discusses the fall TV season.  Listen:
• http://www.theagendaonxm.org/audio/20080728/holbrook1.mp3
• http://www.theagendaonxm.org/audio/20080728/holbrook2.mp3

To read the full blog entry on last night’s show, go to: http://www.theagendaonxm.org/2008/07/29/135

Watch HRC Business Council members and transgender activists Meghan Stabler and Diego Sanchez speaking at the San Francisco Gala Dinner on July 26:

Meghan: http://www.youtube.com/watch?v=XbUjN8ap0EI

Diego: http://www.youtube.com/watch?v=4dGTEYnHfYE

Here is the prepared text of their remarks:

• Meghan Stabler: Download speech here (.doc)
• Diego Sanchez: Download speech here (.doc) 

Nike has canceled an ad campaign featuring a basketball player dunking on another player standing beneath. In one ad, the standing player's face is planted firmly between the dunking player's legs. A large tagline reads: "That Ain't Right." Nike on Friday pulled three printed ads produced by Wieden+Kennedy in Portland that bloggers and other critics said fostered anti-gay messages.

The move came after criticism surfaced on various GLBT and sports blogs. Early last week the Human Rights Campaign reached out the company to begin a dialogue to resolve the dispute. By Friday, HRC was informed that the company was dropping the ads. Nike history of support for the GLBT community includes working for ENDA and equal taxation of benefits in Congress as well as Oregon, and a firm commitment to the company’s own GLBT employees.

The company released this statement:

Nike is strongly opposed to discrimination of any kind and has a long history of supporting athletes regardless of their sexual orientation. The advertisement in question is based purely upon a common insight from within the game of basketball - the athletic feat of dunking on the opposition, and is not intended to be offensive.

However, after listening to concerns expressed around specific executions, we have decided to drop them from the campaign to underline our ongoing commitment to supporting diversity in sport and the workplace. Nike has a strong record of support for diversity and is proud to have been honored with a 100 percent score over several consecutive years in the HRC Foundations Corporate Equality Index.

HRC’s Worplace Project Director Daryl Herrschaft said:

Nike has an unparalleled track record of support for the GLBT community and in keeping with their history they moved quickly to ditch the ad.

HRC learned yesterday afternoon that Mars Inc. will pull a controversial television advertisement for Snickers following communication between the HRC Workplace Project and Mars, the parent company.  The ad features a man whose appearance and actions – speed walking in an exaggerated manner – conjure up stereotypes of gay men. The man is then ridiculed by Mr. T who appears shooting Snickers bars out of a gun and admonishing the jogger to be a “real man.”

Here's a response statement from Daryl Herrschaft, director of HRC's Workplace Project:

Following conversations between the Human Rights Campaign and senior Mars representatives, the company has agreed to pull its most recent ad using stereotypes of gay men to sell its Snickers product line.  HRC applauds Mars for taking swift and appropriate action. 

In 2007, another distasteful Snickers advertisement was aired during Super Bowl XLI.  The company subsequently pulled the ad.  Following that, HRC began a constructive dialogue with Mars on workplace inclusion for GLBT employees.  We were of course surprised to see the company return to the same practice it had just recently rejected. 

These kinds of ads perpetuate the notion that the gay, lesbian, bisexual and transgender community is a group of second class citizens and that violence against GLBT people is not only acceptable, but humorous.

We are hopeful that Mars will make the necessary changes in their organization to ensure this does not happen yet again.

Here's a link to the original ad: http://www.youtube.com/watch?v=hi4DEdUmA6A

Thanks to Meghan Stabler, member of the HRC Business Council, for sending us this post:

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The HRC Foundation’s Workplace Project has been working to educate employers about discrimination against transgender people in health insurance since we released the first Transgender Inclusion in the Workplace guide in 2004 (the second edition was released in April 2008). Since 2006, we’ve asked employers to start addressing such discrimination through the Corporate Equality Index.

In conversations with employers, it’s clear that we have a lot of education to do to help employers understand (1) what this discrimination means and (2) why they, as the consumers and purchasers of health insurance for their (sometimes thousands of) employees, should advocate for inclusive coverage, just as they did for partner benefits in the 1990’s.

Jamison Green, André Wilson, Mary Ann Horton and others have done tremendous work to move some of the largest employers to expand insurance coverage for medical treatment related to sex-reassignment, including most surgeries and hormone therapy. The mere fact that these businesses have done so has pushed other employers to consider coverage, as well.

In the last year, advocates at the American Medical Association (AMA) and the World Professional Association for Transgender Health (WPATH) have added some crucial tools to advocacy efforts:

·         The AMA now opposes the denial of health insurance for transgender people, and as of June 2008 it also supports health insurance coverage for gender identity disorder.

·         Last week, WPATH made a statement to clarify that such treatment is medically necessary and not cosmetic.

There’s important ongoing debate about how people are diagnosed and what proper treatment should look like, but the AMA and WPATH statements will help efforts to remove the exclusions and discrimination that transgender people face in accessing and paying for even the most basic aspects of health care.

Today is the last full day of the Netroots Nation 2008 blogger's conference in Austin, Texas. Check out my latest updates from the convention here.

Back Story - Weekend:

Cincinnati, Ohio was the site of last weekend's Camp Equality, HRC's program aimed at training participants in campaign strategies with the goal of making them expert volunteers to targeted races around the country. In Cincinnati, campers received blog training, and below, you can enjoy their first stab at it.  Pretty good, I think! The post below was a group effort by campers.

Today on the University of Cincinnati campus, people of all gender identities, sexual orientations, races, and locations came together at Camp Equality to learn the skills needed to make change happen in the political community. Everyone was able to bring their own individual stories of the struggles and challenges they have encountered when working for change, and the solutions to overcome these changes.

Camp Equality was a great opportunity for ordinary people to come together to work with each other.  Activists came from organizations that may have different agendas, but overall have the same common goal in electing fair-minded individuals to state offices.    We are all aware of the changes that need to take place; the future of all Ohioans is in jeopardy, with protection needed for all in both our homes and jobs.

Camp participant Daniel Drent told other campers about his co-worker that would have been fired  from her job for expressing her gender identity at work, if not for the Human Rights Ordinance in Cincinnati.

The participants at camp helped each other achieve the skills they needed to encourage others to become involved in working to make positive changes in the area and spread the change across the country, one voter at a time.

Fair minded-leaders can help create a truly equal society for the entire GLBT community.  The time to act is NOW!!! Camp Equality volunteers will be plugged into key races in the Cincinnati area to make a huge impact in these close races. Join us now to create equality in Ohio.

[Photos: Above left - HRC Regional Field Director Sultan Shakir presents the "Year to Win" video at last week's Camp Equality in Cincinnati.

Above right - Cincinnati campers brainstorm blogging ideas]

This morning, Human Rights Campaign interns from across the organization joined in a rally calling for an end to wage disparity. Can you believe it's 2008 and this still hasn't been resolved? It brings my blood to a boil! Luckily, Field Intern Matt Telford can talk about it more calmly.

This morning several of our interns attended a rally for the Lilly Ledbetter Fair Pay Act, outside of the Russell Senate Offices in Washington, DC. Lilly Ledbetter was a victim of workplace discrimination for more than two decades, simply because of the fact she is a woman. Ledbetter’s salary was 75 to 80% less than that of her male colleagues. When informed, Ledbetter courageously chose to sue her employer (Goodyear Tire Co.) for back pay. While initially awarded $3 million by a trial judge, ultimately the Supreme Court ruled that Ledbetter was entitled to no compensation, because of her failure to file a complaint within six months of hire. The Ledbetter Fair Pay Act seeks to close this unfortunate loop hole, which essentially gives employers the freedom to discriminate against female employees. House Speaker Nancy Pelosi and Senator Hillary Rodham Clinton spoke eloquently about the need for wage parity and the unfortunate consequences associated with workplace discrimination.

The GLBT community is no stranger to this type of prejudice. According to the 2007 study “Bias in the Workplace: Consistent Evidence of Sexual Orientation and Gender Identity,” gay men earn at least 10% less than heterosexual men. Moreover, lesbians are subjected to both gender and sexual orientation discrimination, in terms of salary, promotions, etc. Recently, an unprecedented hearing on transgender discrimination in the workplace was held by the House Subcommittee of Health, Employment, Labor, and Pensions. Clearly, our progressive leadership in Congress is taking the initial steps to remedy these unfortunate occurrences. We have a continuing fight, however, to ensure that all individuals are protected at their place of employment, regardless of sexual orientation, gender identity, or gender expression.

[Photos: Top left, L to R - Interns Lauren Ford, a rogue rally attendee, Jordan Rubenstein, Matt Telford, Tina Rodriguez and Maggie Chestnutt with Senator Hillary Clinton

Bottom right - House Speaker Nancy Pelosi at podium as Senator Clinton looks on]

Joe and Mary might have been on vacation but that didn’t keep them from offering a fresh new edition of The Agenda with Joe Solmonese last night. They were broadcasting live from Martha’s Vineyard and gave us a GLBT taste of the island.  If you missed the show, you can download audio clips of some segments of the program - or just use the player below (Internet Explorer only):

Alan Dershowitz:
The attorney and famed constitutional scholar discussed the Bush record on civil liberties and the future of the Supreme Court. LISTEN HERE.

Peter Simon:
Carly Simon’s brother discussed his photography of Martha’s Vineyard and his books on reggae.  LISTEN HERE.

Tony Lombardi:
The program director at the Safe Haven Project discussed HIV/AIDS education on the island.  LISTEN HERE. PART I, PART II.

To read the full blog entry on last night’s show, go to: http://www.theagendaonxm.org/2008/07/15/133/

On Tonight’s The Agenda with Joe Solmonese:

Special “vacation edition” live from Martha’s Vineyard:

·         Attorney Alan Dershowitz

·         Jill Nelson, author of Finding Martha’s Vineyard, African Americans at Home on an Island

·         Julia Wells, Vineyard Gazette editor

·         Peter Simon, photographer and author (and Carly’s Brother)

·         Dan Waters, local poet, printer and printmaker

Tune in live from 6 – 8 p.m. eastern every Monday on XM channel 155.  Download clips at www.hrc.org/TheAgenda every Tuesday.

Good afternoon,

I hope all of you had a happy and safe Independence Day full of family, friends, and fireworks. It was on the fourth that the death of former U.S. Senator Jesse Helms was announced, ironically on the day we celebrate our nation’s noble ideals of freedom, opportunity, and equality.

Death of GLBT community foe Jesse Helms:

Jesse Helms represented, for so many, exactly what the gay, lesbian, bisexual and transgender equality movement is up against: antiquated notions about what constitutes morality; stubborn refusal to let go of prejudices based on nothing but mean-spirited, unfounded fears; a false sense that those who are different are somehow inferior.

Such attitudes continue to be well represented in Washington and across the nation. However, they have been significantly quieted by increasingly vibrant voices rejecting those outdated viewpoints and recognizing that the time to treat everyone equally under the law has arrived.

While we should not relish in Helms’ passing, it does symbolize the changing of the old guard. Of this I have no doubt: equality is on the move.

For the Bible Tells Me So study guide:

Since 1980, the Human Rights Campaign has been at the forefront of the activism, education and outreach that have slowly but surely coaxed those who believe in basic fairness to speak out about their feelings and encourage others to do the same.

As part of this work, the HRC Foundation’s Religion and Faith Program this week released a study guide to accompany the celebrated documentary For the Bible Tells Me So. The film, a 2008 GLAAD Media Award recipient and 2007 Sundance Film Festival nominee for the Grand Jury Prize, spotlights the stories of GLBT people of faith and their families, including New Hampshire Episcopal Bishop Reverend Gene Robinson and his parents.

HRC’s user-friendly guide, available at no charge at www.hrc.org/religion, is divided into three parts: a discussion of the feelings the film evokes about families and faith; a conversation about the Bible—both how it is misused to discriminate against GLBT people and how it is a source of empowerment and liberation; and a step-by-step training to move people of faith and congregations from acceptance to public advocacy. What a signal of the progress we’ve made: we’re not only reaching out to communities of faith, but giving them an active role to play in the pursuit of equality.

For communities of faith who plan to use the guide in conjunction with a screening of the film, a package including a DVD copy and HRC’s accompanying educational license is available at a discounted rate at of $50.00 for those who agree to use the study guide. This rate is only available through the HRC Store. Visit the online store at www.hrc.org/shop.

Year to Win Campaign:

There is no greater evidence of how far we’ve come than the upcoming elections. Our community stands at the precipice of dramatic breakthroughs in public policy as well as public opinion. I have in previous weeks told you about HRC’s “Year to Win” initiative, a nationwide electoral effort aimed at mobilizing pro-equality voters in the 2008 election season. With your help, we are poised to elect pro-equality candidates to Congress, statehouses across the country, and the White House, and to beat back discriminatory ballot measures in California, Arizona, Florida and Arkansas. It’s a stunning contrast from just four years ago—let alone Jesse Helms’ heyday. Visit the Year to Win website at www.hrc.org/yeartowin to learn more how you can get involved.

Final Thoughts:

We’ve got a long way to go, but what a wonderful feeling to look back at how much the political landscape has changed. No longer must we contend with the shocking, cold-hearted ignorance of the likes of Jesse Helms. HRC stands with you as those relics crumble around us.

Have a wonderful weekend.

Warmly,

On Tonight’s The Agenda with Joe Solmonese:

·         Gregg Goldstein, Hollywood Reporter

·         Gary Gates, Williams Institute at UCLA

·         Scott Sherman, author of First You Fall

·         Dan Gilgoff, BeliefNet

Tune in live from 6 – 8 p.m. eastern every Monday on XM channel 155.  Download clips at