CA: State Senate passes FAIR Education Act

The California State Senate passed a bill that would approval inclusion of LGBT contributions to California state history.

Studies have shown that when LGBT contributions are included in the history lessons that shaped California, students are more likely to be more tolerant and bullying decreases in schools.

From Equality California: The FAIR Education Act would bring classroom instruction into alignment with existing non-discrimination laws in California and would add LGBT to the existing list of underrepresented cultural and ethnic groups, which are covered by current law related to inclusion in textbooks and other instructional materials in schools. By including fair and accurate information about LGBT people and history in instructional materials, SB 48 will improve student safety, reduce bullying, enrich the learning experiences of all students, and promote an atmosphere of safety and respect in California schools.

“We thank the Senate for recognizing the need to educate students about the historic contributions of LGBT leaders to California and the struggle for LGBT equality,” said Jim Carroll, interim executive director of Equality California. “This legislation will ensure all students understand the diversity of our state and its history, and it will foster greater awareness, respect and safer schools for all students.”

Today, most textbooks don’t include any LGBT contributions to society or any account of the LGBT civil rights movement.

The bill now heads to the state Assembly rules committee.

Stay tuned!

California lawmakers face-off on education inclusion of LGBT contributions

A new law currently before the California legislature would require inclusion of LGBT contributions to “the economic, political, and social development of California and the United States of America, with particular emphasis on portraying the role of these groups in contemporary society.”

Sen. Mark Leno, sponsor of SB 48, made this statement: “In light of the ongoing and ever-threatening phenomenon of bullying and the tragic result of suicides, it seems to me that better informed students might be more welcoming in their approach to differences among their classmates. Students would better understand that we are talking about a civil rights movement.”

Each school district would decide which age groups received such instruction.

The change in curriculum was approved five years ago but ran into opposition from Gov. Schwarzenegger. Newly elected Gov. Brown has not made his position on the bill public.

Opponents of the bill are relying on a position of “morality.”

“It is, in fact, legislating morality,” the LA Times quoted Craig DeLuz, a parent and Sacramento school board member, as saying. “It is requiring taxpayers to foot the bill to promote a lifestyle to which they may or may not be morally opposed.”

I imagine that a broader, more inclusive history of California – showing that members of the LGBT community have made important contributions – would be a healthy, positive message to take to young people. Evidence that people from all corners and strata of society provide positive input would further illuminate the point that “it takes a village” to form and move healthy communities forward.

9th Circuit Court refuses to lift stay of same-sex marriage

A U.S. appeals court on Wednesday left in place a ban on gay marriage in California, denying requests to allow same-sex couples to marry during a lengthy appeals process.

Federal Judge Vaughn Walker ruled last year that Proposition 8 was unconstitutional and ordered that same-sex weddings be allowed to resume, but his decision is on hold pending the appeal.

The San Francisco-based 9th U.S. Circuit Court of Appeals is waiting for California’s supreme court to issue guidance on whether Prop. 8 sponsors have legal standing to defend the law in court when the state will not.

California’s decision could add nine months to a year to the federal appeal process.

Unfortunately, that may be too late for some longtime gay or lesbian couples. As I wrote here recently, Ed and Derence of Palm Springs, a couple that has been together for 40 years, demonstrate that lives are in the balance. Ed suffers from advancing Alzheimer’s. The California Supreme Court and now the 9th Circuit have decided to make Ed and Derence wait at least 9 more months before they might enjoy the fundamental right to marry. By then, it might not matter anymore. By then, Ed fears he may not recognize the love of his life, his own home or anything else.

Sometimes you hear people say “what’s the rush?” or “we’ll get there, don’t worry.”

Ed and Derence worry.

An open letter to the California Supreme Court

Please read the open letter below from Ed Watson, watch the video, and if you are moved as I am, click this link to sign the petition to ask the California Supreme Court to lift the stay of marriage equality in California.

Dear Courage Campaigner,

Yesterday I found out the California Supreme Court denied a motion to speed up the Prop 8 trial. They’re going to take their summer recess and come back in around 6 months or so. It must be nice for them.

Thing is, I am 78 years old, and I have Alzheimer’s disease. I have been with my partner, Derence, for over 40 years. And if the courts drag this out for months and months, I fear I will, God forbid, lose the ability to recognize my beloved Derence when he gets on his knee to propose to me.

I can’t afford that, and Derence deserves better. That’s why I agreed to be named in Courage Campaign’s amicus curiae letter to the 9th Circuit, asking that the stay be lifted so I can at least have my dignity on our wedding day.

Please watch this video of me and my partner Derence, and then co-sign our letter to the 9th Circuit, begging them to lift the stay while the California Supreme Court drags its feet.

If the California Supreme Court is going to take its time, then we deserve the dignity of marriage…before I can’t remember what marriage is.

Humbly,

Ed Watson, Palm Springs, CA

L.A. Times: “Same-sex marriage, NOW”

In a very direct and clear editorial published today, the L.A. Times has called for gays and lesbians to be allowed to get married while the Proposition 8 case continues it’s circuitous route through the courts.

“Enough already. Gay and lesbian couples should be allowed to wed while the case works its way through the system.”

“The state Supreme Court was asked by the U.S. 9th Circuit Court of Appeals to rule on whether supporters of Proposition 8 have the right — known as “standing” — to continue with their case. It indicated that it would hear arguments late this year, with a ruling likely to follow a few months later. Meanwhile, a stay pending the outcome of the appeal has kept gay weddings from going forward. Now, however, the lawyers challenging Proposition 8 have asked the 9th Circuit to lift the stay and allow the weddings to take place. We agree that it should.”

I’m with the L.A. Times. A stay should be issued only if it looks like those appealing the decision will prevail. That would be the anti-gay Prop 8 supporters here. At this point, it’s very murky if those appealing even have “standing” to appeal.

Also, during the trial, the supporters of Proposition 8 were unable to identify any harm that would befall them if same-sex weddings took place.

This could possibly continue on for more than a year, and in that time gays & lesbians are, by definition, are being harmed in denying their rights. And the denial of constitutional rights is never a justifiable action.

Time to let the LGBT community have access to these important civil rights.

CA Supreme Court to hear arguments on Prop 8 repeal

california

The CA State Supreme Court has decided to hear arguments about whether anti-gay proponents have “standing” to oppose the repeal of Prop 8 in California. March 14th is when the court will accept briefs on the issue.

From Lambda Legal: “Because the federal appeals judges said they need clarification, we look forward to a decision by the California Supreme Court confirming that initiative proponents lack legal standing to continue the Perry case. They are not law enforcers, and have the same limited rights as everyone else to litigate only when their own rights are at stake, not merely to assert their opinions about others’ rights.”

Initiative proponents also cannot step into the shoes of the attorney general, the governor or other state officials. The reason for this is basic: the governor and attorney general are elected by the people to represent all the people, not just one point of view on one issue, out of countless, competing concerns. Most importantly, state officials swear an oath to uphold the federal and state constitutions, including their abiding promises of equal protection and due process for everyone. Initiative proponents take no such oath, and have no such duties.

Should the CA Supreme Court decide the anti-gay forces have no standing to appeal, the issue dies, the repeal of Prop 8 stands and marriage equality is reinstated in CA. If the court decided the anti-gay forces do have standing, then the issue goes back to the Federal Appeals court to decide the issue. This could mean the whole magilla may end up in US Supreme Court.

Stay tuned kids…