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BAYARD RUSTIN Centennial Birthday – March 17, 1912 – Celebrations & Protests in NY & LA

277098_240493105992033_1420421_nTODAY EVERYWHERE:
BAYARD RUSTIN Centennial Birthday Celebrations & PROTESTS – YAY!

LIST OF LOCAL EVENTS: http://rustin.org/100
FB TRIBUTE & TOAST AT NOON: http://on.fb.me/Rustin100

Mr. Rustin: Born March 17, 1912. Pacifist, Conscientious Objector, Prison Reform Activist, Civil Rights Visionary, Arrested 23 times, Organized 3 Marches on Washington (including the ‘63 March), Steered the Career of Dr. MLK, Jr., Teacher and Practitioner of Gandhian Non-violence, and Out & Proud Gay Man in a Homophobic world. 1912 to 1987.

Today MARCH 17th is his Centennial & WE PAY TRIBUTE to an Activist and Organizer Unparalleled in Modern American History to whom much is owed. THANK YOU BAYARD RUSTIN!!

Happy birthday to you.
Happy birthday to you.
Happy birthday dear Bayard Rustin!!
Happy birthday to you!

TODAY we commit to COMPLETING HIS LEGACY – by adding Sexual Orientation & Gender Identity to the 1964 Civil Rights Act he helped manifest. Please one and all – join in silent and loud commitment to this goal. WE SHALL OVER COME!

Please Take the Pledge for Full LGBT Equality TODAY & EVERYDAY.
www.actonprinciples.org/thepledge/

FITTINGLY:

There are PROTESTS today in NYC with OWS in Liberty Plaza and a six-month’ anniversary 24 hour REOCCUPATION of the Park.
http://occupywallst.org/article/ows-updates-week-march-12/

There are PROTESTS today in Los Angeles of HRC and its failure to demand FULL EQUALITY and its unprincipled union with Goldman Sachs. http://www.facebook.com/events/318568688200137/

There are PROTEST today in New York City – of the homophobic St. Patricks Day Parade.
http://bit.ly/y3kMeY

And the Radical Faeries are Honoring Mr. Rusting too!   http://www.facebook.com/events/347500191954785/

AND THIS IS JUST THE BEGINNING.
WE SHALL OVER COME!!!

EQUALITY NOW FOR ALL!

Love, Tif

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CITY COUNCIL of NEW ORLEANS & MAYOR of BATON ROUGE: Proclamations for Bayard Rustin Centennial, The AEB & Walk Across America

Proclamation New Orleans AEB Rustin NoblePROCLAMATION
THE COUNCIL OF THE CITY OF NEW ORLEANS

WHEREAS, a central tenet of United States law is the principle of nondiscrimination and equal protection under the law as human rights; and

WHEREAS, Bayard Rustin was a visionary leader in America’s black civil rights movement, a mentor to Martin Luther King, Jr., a teacher of Ghandian nonviolence, and as an openly gay man, organized the 1963 March on Washington for Jobs and Freedom at which Dr. King delivered the “I Have A Dream” speech; and

WHEREAS, Mr. Rustin’s legacy includes the 1964 Civil Rights Act, a modern symbol of human dignity and the duty of the United States government to outlaw discrimination based on status; and

WHEREAS, March 17, 2012 is the Centennial of Mr. Rustin’s birth, and a fitting time to recognize his immense contribution to justice and equality in America; and

WHEREAS, the modern LGBT movement, via the American Equality Bill, seeks to outlaw discrimination based on “sexual orientation and gender identity,” as required by the U.S. Constitution, the Universal Declaration of Human Rights, and human conscience; and

WHEREAS, gay, lesbian, bi-sexual, and transgender Americans face historical and on-going discrimination based on their innate status, causing untallied human tragedy, loss of life, psychological damage, community isolation, and abuse that necessitates a comprehensive response by the federal government as a matter of public welfare; and

WHEREAS, from March 2011 to May 2012, Richard Noble, under the auspices of the “National Civil Rights March Across America” is passing through New Orleans, Louisiana, as he traverses the country on foot from West Hollywood to Washington, D.C., to raise this demand; and

WHEREAS, the City of New Orleans acknowledges the inherent value of diversity and nondiscrimination, and stands for justice and equality for all people; now therefore

At the request of the Council President Jacquelyn Brechtel Clarkson

BE IT PROCLAMED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, That the Council hereby proclaim March 17, 2012 to be LGBT Civil Rights Equality Awareness Day, and call upon the United States Congress to take action forthwith to fulfill our country’s duty to protect all citizens from discrimination and extend to them guaranteed equal rights under the Constitution of the United States of America.

Jacquelyn Brechten Clarkson, Council President

Eric Granderson, Council Vice President

Susan G. Guidry, Councilmember, District “A”

Stacy Head, Councilmember, District “B”

Kristin Gisleson Palmer, Councilmember, District “C”

Cynthia Hedge-Morrell, Councilmember, District “D”

Jon D. Johnson, Councilmember, District “E”

_______________

MAYOR MELVIN L. “Kip” HOLDEN –  BATON ROUGE – PROCLAMATION

Proclamation Baton Rouge Rustin AEB Noble

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QUEER OWS & NYC GROUPS DEMONSTRATE AT HRC’S GOLDMAN SACHS GALA

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In NYC Saturday night, February 4, 2012, approximately 60 LGBT grassroots activists* from a variety of groups united in common cause and elaborate demonstration to tell HRC: You do not speak for us.

Starting at dusk, chanting voices filled Park Avenue as tuxedo-sporting HRC donors arrived at the Waldorf Astoria: “Hey Hey HRC. Where is our Equality?” — and — “Everyone pays their tax. Everyone but Goldman Sachs” – rang out repeatedly targeting the Gala’s corporate honoree.

Up and down the block between 49th and 50th, a catwalk of activists paraded, picket-fashion-show style, sporting a shimmery 15 x 5 banner that read: SEEK FULL EQUALITY, big mylar letters spelling “HELP,” and a huge sign that read: “HRC is in BED with A SACHS Machine”.

Occupy Wall Street locked it all together in what was truly an inspirational convergence of NYC’s grassroots, and beyond.

A solidarity event was held in San Francisco at the Harvey Milk Camera Shop, now an HRC boutique, and motivated activists started petitions on Daily Kos and Change.org demanding HRC withdraw the Sach award.

Blending costumes and poignant cardboard signs, the cacophony energized the night as the Queer OWS Caucus was joined by radical activists from Queer Rising and Queerocracy, and Radical Faeries and Sisters of Perpetual Indulgence brought feathers and magic to the mix.

Dubbed the Guerrilla Potluck, the action also got great advanced media coverage, including blogs like OutTakeonline, and several others, including the Advocate and TimeOut NY who called HRC for comment.

The Queer OWS Caucus had three stated points. 1. It condemned HRC for honoring Sachs, 2. It called upon HRC to seek full equality by 2014, and 3. it demanded HRC create a transparent process, inclusive of the grassroots.

Before the action, HRC issued this pithy retort suggesting its intention to never open the process to grassroots input: “We are fortunate to live in a democracy where everyone’s opinion counts.”

The noblesse oblige attitude was noted by many, and helped fuel the intention, which surrounded the Waldorf as a sign of things to come.

“They can tell us to eat cake all they want, but we want equality by 2014, and that means HRC needs to want it by 2012,” said one of the organizers.

Flyers read: HELP. Help end LGBT Suicide, Abuse, Discrimination. Full Equality by 2014. Take the Pledge.

Other chants included: “No HRC or Goldman Sachs! Civil Rights Now!” “Who’s in bed with Goldman Sachs? H R C!” “HRC Your Time is Near. Fake Inclusion Won’t Work Here!

Food was varied and included: homemade banana bread, vegan morsels, fruit salad and Sweethearts candies.

The police tried to foil everything by illegally closing the public sidewalk and threatening arrest of peaceful law abiding protestors, totally reneging on our agreement with the LGBT police liaison. But we carried on parading around the building, across the street, and even inside the event, briefly.

Please Take the Pledge for Full LGBT Equality (by 2014) (http://bit.ly/the2014pledge).

Join Queer/LGBTIQA2Z OWS Caucus organizing, Sundays at 1pm, or on FB http://on.fb.me/QueerOWS.

* The estimate of attendees was revised from 80 to 60 after further discussion.

Action Photos: http://www.flickr.com/photos/erikcito/sets/72157629179220145/
Photos: http://www.facebook.com/media/set/?set=oa.361816587181523&type=1

HELP Flyer:
http://www.facebook.com/photo.php?fbid=10150788349138636&set=o.278882199073&type=1&theater

Videos and interviews: http://www.youtube.com/playlist?list=PLD96D5A169D97B663

Brief Action inside the Waldorf: http://www.facebook.com/photo.php?v=10150789766948636

Pre-action media links:
http://newyork.timeout.com/things-to-do/own-this-city-blog/2581855/hrc-honors-goldman-sachs-some-gays-are-not-pleased

http://www.advocate.com/News/Daily_News/2012/02/01/Queer_Group_to_Protest_HRC_Dinner_Honoring_Goldman_Sachs/

Change.org HRC/Sachs Petition (independent): http://www.change.org/petitions/hrc-theres-no-honor-for-goldman-sachs

San Fran Solidarity Action (independent): http://www.facebook.com/events/339342696089267/

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Help Flyer Queer OWS HRC Action jpg

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QUEER OCCUPY WALL STREET TO PROTEST HRC’S NYC GALA AT THE WALDORF ASTORIA

QUEER OCCUPIERS DENOUNCE HUMAN RIGHTS CAMPAIGN
FOR HONORING GOLDMAN SACHS
& FAILING TO DEMAND FULL FEDERAL EQUALITY

New_QueerOWS_LogoNew York, NY, February 1, 2012 – Queer/LGBTIQA2Z Occupy Wall Street, a caucus of the NYC based Occupy Wall Street movement, announced today that it will protest a Human Rights Campaign (HRC) Gala honoring Goldman Sachs on Saturday February 4, 2012 at the Waldorf Astoria.

In contrast to the $650 a plate Gala, the Queer/LGBTIQA2Z Caucus will host a “Guerrilla Potluck” on the sidewalk outside of the prestigious hotel at 50th Street & Park Avenue from 5 p.m. to 7 p.m.

The Queer Caucus: 1. Condemns HRC for honoring Goldman Sachs, 2. Calls upon HRC to adopt a strategy of Full Equality by 2014, and 3. Demands that HRC create a transparent process that includes the grassroots.

1. The Queer Caucus condemns HRC’s decision to honor Goldman Sachs in a time of financial collapse caused by their unethical business practices and greed, and deplores the use of our cause and suffering for corporate public relations. HRC honoring Goldman Sachs at this time reveals all one needs to know about the corporate LGBT lobby, and its disconnect from the 99% and the LGBT people it purports to represent.

2. The Queer Caucus calls upon HRC to embrace the grassroots demand for Full Federal Equality by 2014 – the 50th Anniversary of the 1964 Civil Rights Act.

After 60 years of struggle, there is still not a single federal non-discrimination law protecting LGBT Americans from discrimination. More incredibly, HRC, the corporate entity that controls our strategy, has not even filed a bill for equal non-discrimination protections under the civil rights laws for our community.

To address this, the Queer Caucus calls on HRC to take The Pledge for Full LGBT Equality to seek and secure full non-discrimination protections based on sexual orientation and gender identify for all people.

The right to be protected from discrimination secures a core liberty interest. And it is the duty of government to protect LGBT Americans from the harm caused by discrimination as a matter of public welfare, law and conscience, as it has for decades for all other oppressed groups.

As HRC restrains the demand for equality, discrimination takes its insidious toll on LGBT Americans who suffer vast psychological harm rejected by their families and society, driven to suicide at 5 times the heterosexual norm by tormenting, minority stress afflictions, and lost hope.

A whopping 40% of homeless youth identity as LGBT, 66% of Transgender people have been fired or not hired for a job, 60% of our youth are taunted and feel unsafe at school, and LGBT people are 6x more likely to have multiple mental stress disorders due to societal discrimination.

“Homo/transphobia in America is a public health and economic emergency for our community” said Michael Tikile, an occupier and Duke University graduate. “We are not safe in school, work or housing. How are we supposed to live, pursue happiness or achieve economic equality?”

3. The Queer Caucus also demands that HRC open the process to transparency and grassroots inclusion.

Currently, HRC operates under a closed, hierarchical system, controlled by a financial elite, insulated from grassroots input. Likewise, in Congress, Democrat House members Barney Frank, Jared Polis and Tammy Baldwin, keep the grassroots out of the conversation, protecting the DNC strategy from movement agitation and impact.

With this structure in place, queer occupiers know that only a handful of privileged voices are setting the national queer agenda and strategy, defining what “LGBT equality” means and who our friends are.

For example, HRC’s key sponsors includes a long list of big businesses that contributed to recent economic and environmental distress, including Citi Bank, Bank of America, Chevron, BP, Shell, Morgan Stanley, MetLife, Deloitte, Lexus, Prudential, and Ernst & Young.

“With all of these companies, you’d expect the power to be on our side! But instead, our community is simply a tool and pawn in the political system” said Tanya Walker, an original occupier and tireless transgender activist.

Simply put, the Queer Caucus demands equal non-discrimination protections under the 1964 Civil Rights Act because equality is the only true antidote to LGBT abuse – like it has proven to be for race, sex, national origin, religion, age and disability – long protected from discrimination by law.

“Equality and non-discrimination are universal values that define basic human dignity” said Todd (Tif) Fernandez, a human rights lawyer and grassroots activist. “It is our civic duty as Americans to protect and respect the LGBT community immediately.”

Please Take the Pledge for Full LGBT Equality (by 2014) (http://bit.ly/the2014pledge).

Join the Guerrilla Potluck (http://on.fb.me/GuerrillaPotluck). Bring flashlights.

Watch Potluck on Live-Stream Saturday http://www.livestream.com/occupello

Join Queer/LGBTIQA2Z OWS Caucus organizing, Sundays at 1pm, 60 Wall Street or on FB http://on.fb.me/QueerOWS.

####

About the Queer/LGBTIQA2Z Caucus of Occupy Wall Street
QOWS began meeting as a group in Zuccotti Park in mid-October 2011. The group strives for economic, political, and social equality for LGBTQ people both locally and nationwide.

1not 99 listen equality hrc

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MAYOR PARKER of HOUSTON – Issues Proclamation for Mr. Noble & the AEB

Joining the growing list of Mayors who are calling for our equality, Mayor Parker issued a Proclamation for Richard Noble and the AEB.

http://www.youtube.com/watch?feature=player_embedded&v=e12pyCKBTpg

Over the last few years, Mayors have really help support our grassroots demands for equality, from 37 City Council Resolutions for UAFA, to 7 for the AEB, and now dozens for Marriage Equality.

Local activists — this is how you can help deliver us from discrimination. It’s easier than you think, but impossible if you don’t ask.

Together – we can build the mandate for our full federal equality – from the ground up. Get active. Get busy. Get Equal!

Tif

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AUSTIN MAYOR ISSUES PROCLAMATION for The AEB and Richard Noble’s Walk Across America

Mayors and elected officials representing over 7 million Americans have issued Proclamations for The American Equality Bill demanding equal SO&GI civil rights thanks to the heroic efforts of Richard Noble and the now historic Walk Across America.

In an amazing journey of unique fortitude, Richard has traversed the country on foot traveling over 1800 miles, carting a backpack, pushing a baby carriage, and now joined by his dog Trinity.   Currently, he in Texas and has 1080 more miles to go to the east coast before heading to D.C.

It is a Walk for the history books, and the acknowledgment reflects this.

Mayor Lee Leffingwell of Austin TX was the latest with this Proclamation.  Watch presentation video here.

Austin Proclamation AEB

Other Proclamations, Honors, & City Council Resolutions for the AEB and Civil Rights Walk Across America:

City Council of West Hollywood, CA. 1st City Council Resolution.

Mayor of West Hollywood, CA, The Honorable John HeilmanProclamation.

State Senator Mark Leno, CA (CA-3rd).  Certificate of Recognition.

State Senator David Parks, NV (NV, Dist. 7).  Letter of Support.

Mayor of Salt Lake City, UT, The Honorable Ralph BeckerProclamation.

Mayor of Boulder, CO, The Honorable Susan Osborne. Proclamation.

Mayor of Oakland, CA, The Honorable Jean QuanProclamation.

President of the Oglala Sioux Tribe, SD, John Yellow Bird SteeleProclamation.

Mayor of Austin, TX, The Honorable Lee LeffingwellProclamation.

Mayor of Houston, TX, The Honorable Annise ParkerProclamation (video).

Mayor of Baton Rouge, LA, The Honorable Melvin L. “Kip” Holden.  Proclamation.

City Council of New Orleans, LA.  Proclamation (signed by entire Council).

Mayor of Biloxi, MS, The Honorable A.J. Holloway.  Proclamation.

Mayor of Mobile, AL, The Honorable Samuel L. Jones.  Proclamation.

Mayor Birmingham, AL, The Honorable William A Bell, Sr. Proclamation.

Other Official Acknowledgements of Walk Across America for LGBT Civil Rights:

Congressman Lloyd Doggett, TX (TX-25) (Austin). Letter of Support.

Congresswoman Barbara Lee, CA (CA-9) (Berkeley).  Certificate of Special Congressional Recognition.

Mayor of Reno, NV.   The Honorable Robert A. Cashell, Sr. Letter of Support.

San Francisco, CA.   Board of Supervisors City & County.  Certificate of Honor.

Governor of Nevada.   The Honorable Brian Sandoval. Certificate of Recognition.

THIS IS LEADERSHIP. LGBT CIVIL RIGHTS NOW. GO RICHARD!!! GO MAYORS!!!!

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1st Official Report Released by High Commissioner for Human Rights: SO&GI Discrimination Around the World

Hello everyone,

Below please find a very important Report from the High Commissioner for Human Rights on SO&GI based discrimination around the world, as called for in this June 2011 Resolution by the U.N. Human Rights Council. I’ve not read it yet, but its very existence is a great boost to our cause, here at home and internationally.

We now need to make the case domestically that non-discrimination protections based on status (SO or GI) violates our human rights (which we also call “civil rights” here), and that our gov’t has a duty under international law to prevent, punish and eradicate homo/transphobia and discrimination based on it. It’s no longer only about education, bullying, marriage, or military – individually – but the wholesale obligation to outlaw discrimination regardless of the specific narrow context or specific type of abuse.

It’s the equality vs. crumbs moment, and we need to pivot to seize it.

There is also no doubt in my mind that the Obama Administration deserves huge credit for this, and for appointing a lesbian to the U.S. Commission on Civil Rights, which also issued a report covering the psychological harm caused by LGBT discrimination as part of a nationwide bullying assessment, and a very strong similar Resolution among the Organization of American States, also in June 2011.

This is strategic leadership at work. He is boxing our own country in on this front, which is a great place to have the opposition. They will have to decide if they support human rights for all, and the international law and realm, or if they reject that entire system just to hate us. Tough choice, good maneuver.

And it may be that we have a Democrat-controlled House and Senate for the 113th Congress (2013-2014) – so there will be no excuse to delay this justice any longer, provided we push like crazy this coming year to make sure we’re at the top of the list of priorities.

Now we need our own movement to become as clever, and shift our demands from piecemeal bills (which themselves fail to call for basic human rights protections), to the entitlement we have as a persecuted minority to full and immediate protection of our country.

Our moment is at hand, if we rise to the occasion, put individual egos and group identities in check, and find the common intention to manifest our full equality now.

Our time has come.

Tif

REPOST from UNGLOBE:

First ever UN study finds lesbian, gay, bisexual and transgender individuals face discrimination in every region of the world Posted: Wednesday, 21 December 2011, New York | Authors: iSeek, OHCHR, UN-GLOBE

High Commissioner for Human Rights Navanethem Pillay (Photo Credit: UN Photo)Last week, the High Commissioner for Human Rights issued the first ever official United Nations report on violence and discrimination based on sexual orientation and gender identity. The report, which was requested by the Human Rights Council in a resolution adopted in June 2011, will be considered by the Council in a special three-hour debate in March.

The report focuses on acts of violence, discriminatory laws, and discriminatory practices in every region of the world.

Charles Radcliffe, Chief of the Global Issues Section of the Office of the United Nations High Commissioner for Human Rights, said that the report identifies “a pattern of violence and discrimination directed at individuals because of their actual or perceived sexual orientation or gender identity. The kinds of human rights violations involved range from hate-motivated killings and violence, to laws that criminalize people on the basis of their sexuality, through to discrimination affecting people in their everyday lives, including at work, at schools and in healthcare.”

In 76 States, criminal laws are used to punish individuals for engaging in consensual sexual relations with an adult of the same sex. In at least five of those countries, the death penalty may be applied for homosexuality-related offenses. In some cases, the laws concerned explicitly prohibit homosexual conduct; in others, the wording is more vague but the provisions are applied in a discriminatory manner to prosecute gay and lesbian people. “Discriminatory laws legitimize discriminatory attitudes in society at large. If a State treats certain people as second class, second rate, or, worse, as criminals, because of their sexual orientation or gender identity, then it invites people to do the same,” Mr. Radcliffe said.

The study also highlights discrimination within families and communities, including cases of individuals being expelled from family homes, disinherited, forced into marriage or pregnancy. Underlying gender inequalities often make lesbian and transgender women especially vulnerable, with reported cases of honour killings and so-called “corrective” rape. In another first, the report focuses attention on human rights concerns specific to people who are transgender or intersex, including issues relating to the health needs of transgender persons, official recognition of a change of gender, and pediatric surgery performed on intersex children without the informed consent of those concerned.

The report includes a comprehensive list of recommendations. “Those countries that criminalize homosexuality must take immediate action to change their laws in order to comply with the requirements of international human rights law”, said Mr. Radcliffe. States are encouraged to take steps to prevent hate-motivated violence and investigate reported incidents of violence, and to enact new laws prohibiting discrimination on the basis of sexual orientation and gender identity. Training and public information efforts are also recommended, including sensitization of law enforcement officials, anti-homophobia campaigns in schools, and concerted efforts to counter homophobic attitudes in society at large.

United Nations Policies

The report also focuses on discriminatory practices in the workplace. Here at the UN, the UN-GLOBE staff group has been working closely with the United Nations administration to ensure equality of entitlements for LGBT staff members, and to address mobility issues.

Although two important Secretary-General Bulletins (ST/SGB/2004/13 and ST/SGB/2008/5) have been issued in the last decade, entitlements and survivor benefits are still not applied equally because they depend on the recognition of same-sex partners by staff members’ country of nationality. Mobility is also a major concern because of the consequences of being gay in certain countries.

The group is also working to address discriminatory behaviour in the workplace. “Many of us have experienced disparaging remarks by people who might not know we are gay”, said the president of UN-GLOBE. “We need to feel comfortable having pictures of our partners on our desk, or talking about our families.”

ST/SGB/2008/5 prohibits discrimination, harassment, including sexual harassment, and abuse of authority in the workplace.

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A HISTORIC SPEECH. SECRETARY CLINTON. AND LGBT HUMAN RIGHTS!! HO HO HO!!

On December 6, 2011, Secretary Clinton delivered an unbelievably poignant, instructional and visionary speech on LGBT Human Rights to the United Nations in Geneva, a speech that will no doubt go down in history.

This video is available here:  http://bcove.me/qs3211sh

Opening with a description of the creation of the Universal Declaration on Human Rights, the story unfolds the years of debate and drafting, culminating in the first ever expression of the idea that all people are born with rights which governments must protect.

The speech then makes the inevitable case.

Raising the most poignant objections cultural and religious, these are honestly subjugated to “human rights for all” with references to slavery and female genital mutilation, long similarly justified.

Demonstrating humility, the speech acknowledges the limitations of human rights protections for LGBT people in the United States, while also teaching mantras of leadership and urging respect for opinions on both sides as critical to the conversation required for the inevitable evolution of understanding on this front, consistent with history on religious, women, and children’s human rights.

From “being on the right side of history” to “gay rights are human rights and human rights are gay rights,” this monumental speech makes each point both profound and complete addressing every imaginable point of conflict and the human rights solution and rationale.  No summary could capture it.

It would be so powerful if every LGBT and supportive civil rights organization in the United States and the world sent this to their lists, to educate and empower with the awareness of our entitlement to the protection of our human rights by our governments. This is the knowledge that will empower and fuel our liberation, without which we remain trapped in a vision limited by oppression, and old opposition arguments.

By our creating this expectation and demand to match President Obama’s, when he is President anew, he will be empowered to fulfill the inescapable obligation made repeatedly explicit by his international work, explained proudly in Secretary Clinton’s historic speech, including Resolutions in the United Nations Human Rights Council and the Organization of American States.

So rather amazingly, we are clearly living at a pivotal time in the history of understanding, compassion and possibility for our liberation.   Constantly set before us, it is now ours for the grasping if only we have the courage to expect it all, and the wisdom to listen, follow and lead the way.

Civil Rights Now. Full Federal Equality Now. Human Rights Now. Go Hillary!!! Obama 2012!!!!

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“Full Federal Equality” – Laid Out For All To See. Let’s Get There.

Hello everyone,

Below is an outline of what “Full Federal Equality” entails for crafting an omnibus LGBT equality bill that would outlaw discrimination based on SO&GI in America on an equal basis to that long afforded other groups/statuses. It sets forth all the existing laws, the language where SO&GI is needed, and proposed new provisions where none exists.

Currently, Rep. Jared Polis from Bolder, CO (openly gay) is engaged in an effort to craft an omnibus LGBT equality bill to be filed this year, or by January. He issued an outline covering much of what’s needed, but not all by far. So this was prepared to inform that work, and it has been shared with the Congressional LGBT Equality Caucus co-chairs.

The hope is that Rep. Polis and the Congressional LGBT Equality Caucus will add the missing provisions, which are major, including (a) Title VI of the Civil Rights Act of 1964, which outlaws discrimination in all federally-funded programs, (b) Federal Marriage Equality to end marriage discrimination across the country, and (c) non-discrimination in Armed Services employment, which was not accomplished by DADT repeal.

Unfortunately, so far it does not appear that the LGBT Caucus is actively coordinating around strategy, or on the omnibus, but rather that individual issues are being addressed by certain Representatives as their own pet-legislative projects. The hope, however, is that this will change in response to growing demand for a coordinated, comprehensive equality strategy.

For a few years now, the mantra of Full Federal Equality has resonated with the grassroots, as evidenced by the National Equality March which brought 250,000 people to D.C., and the The American Equality Bill, which has ever growing support as seen in bold direct actions, City Council Resolutions and Proclamations. So now, as we approach 2012, we hope to see a bill that reflects this growing sentiment and our entitlement, as a matter of international human rights law, to full non-discrimination protections.

Of course, inclusion in the laws themselves will not immediately change the homo/transphobia we suffer as objects of abuse in our own society. But the debate for our inclusion and equality under the law, and the subsequent enforcement of those laws once we’re in, can go a long way toward changing the oppressive culture impeding our human rights, safety and happiness.

Please study this so we can be well informed and hold the key advocates accountable to the pursuit of our full equality. Knowledge is power in politics, and “we the people” need to harness that power today in order to manifest our equality tomorrow.

Fortunately public opinion is growing steadily on our side, so the main task before the grassroots is to shift the “movement agenda” controlled and limited by HRC, NGLTF, and the LGBT Congressional Caucus, from pieces of the pie to the whole enchilada.

This is still a tough challenge of course. But it is doable by a determined few if we work together in common cause and with shared intention, which grows simply by reading and sharing this information.

Let’s make 2012 the year Full Federal Equality hits the national stage, so that our equality is an unavoidable priority in 2013. We’ve waited long enough, and our time has come.

LANGUAGE OF EXISTING

NON-DISCRIMINATION LAWS & JUDICIAL DECISIONS

AND PROPOSED SO&GI INCLUSION

FOR FULL FEDERAL EQUALITY

(includes overview of existing filed bills)

This is intended to present the scope of “full federal equality” for SO&GI, setting forth the existing language and laws, and the needed additions.

With this coverage in an omnibus bill, the LGBT community would have an organizing beacon, a statement of our dignity, and a clear expression of our human right to full and equal non-discrimination protections.

This list encompasses all the provisions of The American Equality Bill, which already covered existing civil rights laws, as well as Federal Marriage Equality, the Uniting American Families Act (Immigration), and Armed Services employment.

(UPDATE NOTE:  The AEB, as of Feb 2012, now covers all of these provisions, and has been retitled the AEB II).

CONTENT:

1.  Public Accommodations (Title II, 1964 Civil Rights Act)(e.g., restaurants, hotels, theaters)
2.  Public Facilities (Title III, 1964 Civil Rights Act)(e.g., courthouses, jails, hospitals, parks)
3.  Federally-Funded Programs (Title VI, 1964 Civil Rights Act)(e.g., adoption, police, schools, homeless youth, heath care, contractors, etc.)
4.  Employment: Private Sector, Civilian & Military Government (Title VII, 1964 Civil Rights Act; 1978 Civil Service Reform Act; 1991 Government Employee Rights Act; 1995 Congressional Accountability Act; Armed Services, 10 U.S.C. Chapter 37).
5.  Housing (Title VIII, 1968 Civil Rights Act a/k/a Fair Housing Act) (e.g., rental, purchase, financing)
6.  Education (Title IX, 1972 Educational Amendments) (e.g., equal access, bullying)
7.  Credit (Equal Credit Opportunity Act) (e.g., credit cards)
8.  Federal Marriage Equality (1967 Supreme Court Decision, Loving v. Virginia) & DOMA Repeal (Respect for Marriage Act).
9.  Immigration, Disability, Family Leave (Uniting American Families Act (proposed); The Americans With Disabilities Act; and Family and Medical Leave Act).
10.  Definitions (of SO&GI, Harassment, Other Provisions).

1. PUBLIC ACCOMMODATIONS.

This covers hotels, restaurants, and entertainment facilities opened to the public, but privately owned and operated.

’64 CIVIL RIGHTS ACT (CRA), TITLE II.
SEC. 201. (a) All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, and privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, sexual orientation, gender identity, or national origin. (42 U.S.C. 2000a) (http://uspolitics.about.com/od/usgovernment/l/bl_civil_rights_act_2.htm)

No Existing Filed Bills: Proposed in the American Equality Bill (AEB) & Polis Omnibus Outline.

2. PUBLIC FACILITIES.

This covers state (and subsidiary) owned and operated facilities affording public services (other than schools).
’64 CRA, TITLE III
SEC. 301. (a) Whenever the Attorney General receives a complaint in writing signed by an individual to the effect that he is being deprived of or threatened with the loss of his right to the equal protection of the laws, on account of his race, color, religion, sexual orientation, gender identity, or national origin, by being denied equal utilization of any public facility which is owned, operated, or managed by or on behalf of any State or subdivision thereof, other than a public school or public college as defined in section 401 of title IV hereof, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly progress of desegregation and equal access in public facilities, the Attorney General is authorized to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section. The Attorney General may implead as defendants such additional parties as are or become necessary to the grant of effective relief hereunder. (42 U.S.C. Sec. 2000b) (http://www.justice.gov/crt/about/spl/42usc2000b.php)

No Existing Filed Bills: Proposed in the AEB & Polis Omnibus Outline.

3. FEDERALLY FUNDED PROGRAMS.
The scope of this provision can not be overstated. It reaches to every program and contract that receives federal funding. The Department of Justice coordinates government-wide compliance processes, and has vast enforcement jurisdiction, and states replicate these enforcement activities, as recipient themselves of federal funds. This is the provision via which non-discrimination, as the federal policy of this country, is enforced using the power of the multi-trillion dollar gov’t budget. It reaches into almost every imaginable gov’t service from adoption agencies, to schools, to state and municipal governments, to police departments, hospitals and health care, homeless youth programs, social services, and so on.

TEXT: ’64 CRA, TITLE VI–NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS
SEC. 601. No person in the United States shall, on the ground of race, color, sexual orientation, gender identity, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. (42 U.S.C §§ 2000d). (http://www.justice.gov/crt/about/cor/coord/titlevistat.php).

No Existing Filed Bills. Proposed in the AEB. Not in Polis Omnibus Outline (major omission).

Existing Bills in Certain Areas using “Federal Funds” hook:
-Adoption: Every Child Deserves A Family (“An entity that receives Federal assistance or contracts with an entity that receives Federal assistance, and is involved in adoption or foster care placements may not–” discriminate.)
AOP Whip Count: http://www.actonprinciples.org/ECDF-house-112/

-Students in Public Schools: Student Non-discrimination Act (school programs receiving federal funds; covers SO&GI discrimination & bullying “harassment”).
AOP Whip Count: http://www.actonprinciples.org/SNDA-house-112/

-Health Care: Ending LGBT Health Disparities Act (not currently refiled) (This is not at all the same scope as Title VI even as to health programs receiving federal funds, but includes lots of provisions tailored to certain areas: medicaid, culturally appropriate care, child insurance, studies, previously filed by Baldwin, not yet refiled but planned; sent to 10 committees last time).

4. EMPLOYMENT: PRIVATE, CIVILIAN GOVERNMENT, ARMED SERVICES.
4.A. PRIVATE EMPLOYMENT.

’64 CRA, TITLE VII–EQUAL EMPLOYMENT OPPORTUNITY
SEC. 703. (a) It shall be an unlawful employment practice for an employer–
(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, sexual orientation, gender identity, or national origin; or
(2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, sexual orientation, gender identity, or national origin.
(42 U.S.C. 2000e-2 (a) (1) & (2)). (http://www.introlaw.com/ed/laws/titlevii/42usc2000e-02.html)

NOTE: DOJ and Courts have already used: “sex stereotyping” as covered under “sex”, to reach issues of sexual orientation/gender protection. 42 U.S.C. 2000e.

Existing Filed Bill: Employment Non-Discrimination Act (It is debated whether ENDA effectuates the same impact as adding SO&GI directly to the existing laws as indicated above. But ENDA is clearly intended to be the substantial equivalent, crafted by creating a parallel system that incorporates by direct reference the same definitions, and other enforcement aspects of Title VII, and the Gov’t provisions below, including language providing that the “procedures and remedies” are the same as for those claiming a violation under Title VII, and the laws below.)
AOP Whip Count: http://www.actonprinciples.org/ENDA-house-112/

Related Bills: Direct Addition of Terms Proposed in the AEB.

ENDA proposed in Polis Omnibus Outline.

4.B. CIVILIAN GOVERNMENT EMPLOYMENT.

’78 CIVIL SERVICE REFORM ACT
5 U.S.C.2302 (b) Any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority – (1) discriminate for or against any employee or applicant for employment – (A) on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin, as prohibited under section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16); … (http://codes.lp.findlaw.com/uscode/5/III/A/23/2302)

5 U.S.C. 2302 (d) This section shall not be construed to extinguish or lessen any effort to achieve equal employment opportunity through affirmative action or any right or remedy available to any employee or applicant for employment in the civil service under – (1) section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16), prohibiting discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin;  (http://codes.lp.findlaw.com/uscode/5/III/A/23/2302)

’91 GOV’T EMPLOYEE RIGHTS ACT
42 U.S.C. 2000e-16a (b) Purpose
The purpose of sections 2000e-16a to 2000e-16c of this title is
to provide procedures to protect the rights of certain government
employees, with respect to their public employment, to be free of
discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability. (http://www.introlaw.com/ed/laws/titlevii/42usc2000e-16a.html)

42 U.S.C. 2000e-16b. Discriminatory practices prohibited
(a) Practices
All personnel actions affecting the Presidential appointees
described in section 1219 of title 2 or the State employees
described in section 2000e-16c of this title shall be made free
from any discrimination based on -
(1) race, color, religion, sex, sexual orientation, gender identity, or national origin, within the meaning of section 2000e-16 of this title; …
( http://www.introlaw.com/ed/laws/titlevii/42usc2000e-16a.html)

’95 CONGRESSIONAL ACCOUNTABILITY ACT
42 U.S.C. 1311

(a) Discriminatory practices prohibited
All personnel actions affecting covered employees shall be made free from any discrimination based on—
(1) race, color, religion, sex, sexual orientation, gender identity, or national origin, within the meaning of section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–2); …
(http://www.law.cornell.edu/uscode/html/uscode02/usc_sec_02_00001311—-000-.html)

3 U.S.C. 411 (a) Discriminatory Practices Prohibited. – All personnel actions affecting covered employees shall be made free from any discrimination based on – (1) race, color, religion, sex, sexual orientation, gender identity, or national origin, within the meaning of section 703 of the Civil Rights Act of 1964;
( http://codes.lp.findlaw.com/uscode/3/5/II/A/411)

Existing Filed Bill: Employment Non-Discrimination Act. (ENDA appears to provide substantially equivalent coverage to that which would be effected by direct inclusion in these provisions, but does not directly insert these terms into the existing laws, as explained above under Private Employment).
AOP Whip Count: http://www.actonprinciples.org/ENDA-house-112/

Related Bills: Direct Addition of Terms Proposed in the AEB. ENDA Proposed in Polis Omnibus Outline.

4. C. ARMED FORCES EMPLOYMENT.
10 U.S.C. Chapter 37 (As needed to cover SO&GI non-discrimination).

DADT repeal did not outlaw discrimination based on SO or GI in the Armed Services. (See Public Law: 111-321 “Don’t Ask Don’t Tell Repeal Act” in reference to 10 U.S.C. Chapter 37, Sec. 654, http://uscode.house.gov/download/pls/10C37.txt).

Previously Filed Existing Bills: The Military Readiness Enhancement Act, (which creates a new section: 10 U.S.C. 656) was filed previously to end SO discrimination in the military, but did not include GI. (Text: http://thomas.loc.gov/cgi-bin/query/z?c111:S.3065:).

Something similar is need that covers both SO&GI.
AOP Whip Count: Not yet refiled.

Proposed in AEB II, Not in Polis Omnibus Outline.

5. FAIR HOUSING.
Title VIII of THE CIVIL RIGHTS ACT of 1968 (not 1964)

Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability).

TEXT: Sec. 804. [42 U.S.C. 3604] Discrimination in sale or rental of housing and other prohibited practices
As made applicable by section 803 of this title and except as exempted by sections 803(b) and 807 of this title, [...]

BLOG for equality now

U.S. COMMISSION ON CIVIL RIGHTS Tells Congress of the “Psychological Distress” Caused by LGBT Discrimination In Society.

-1There is an important report out on VIOLENCE & BULLYING by the United States Commission on Civil Rights (USCCR) that contains an entire section on LGBT suffering due to societal discrimination.

Peer-To-Peer. VIOLENCE & BULLYING: Examining The Federal Response. September 2011.

YAHOO!!!!

The USCCR is like the Discrimination Ombudsman of the U.S. Government, responsible for Civil Rights issues, ranging from studying and collecting information to making recommendations to the President and Congress.

They are independent and bipartisan, and their mandate extends to “matters of discrimination or equal protection of the laws because of race, color, religion, sex, age, disability, or national origin.”

Since “sexual orientation and gender identity” are not included, it is all the more remarkable that this latest report address clearly LGBT suffering, though activists have called for the USCCR to address this issue.

The Report also examines the critical laws: Title IV (school discrimination based on “sex”) and Title VI (all federally funded programs) of the Civil Rights Act, which do not yet include SO&GI (though hopefully the Omnibus will do this).

The report is obviously the product of the sweet velvet glove of President Obama who is steadily making the legal and evidentiary case that will require our government to step up to its duty to protect us from harm.

For this one, he appointed Ms. Roberta Achtenburg, a lesbian human rights expert to the USCCR, back in Feburary 2011. She and three other colleagues approved the Report, while 3 others opposed it and one, who was new, abstained. The names are in the report.

Between this, the DOJ brief in DOMA, the Resolutions of the UN Human Rights Council and the Organization of American States, the legal foundation for our liberation is seriously growing.

The footnotes are particularly interesting because they start to chronicle – probably for the first time ever by a U.S. Governmental entity to Congress (?) – that we suffer “psychological distress,” “distorted sense of justice and order,” and an array of mental health, behavioral disorders, and other harm, caused by societal anti-LGBT discrimination.

Here’s a nice example: “Research indicates that experiencing stigma and discrimination is associated with heightened psychological distress—both among gay and lesbian adults and adolescents.”

It’s increasingly clear all around that ending discrimination is a matter of public welfare, and it seems our brilliant President is building the case.

On related fronts, The Movement Advancement Project (MAP) also just released a report on the harm caused LGBT Families by discrimination called:  ALL CHILDREN MATTER.

And here is an overview of a variety of Reports on the broad array of injury and suffering we experience.  What we need now, is a nice composite Report by MAP or Williams on the over all picture, as we gear up for the Omnibus LGBT Equality Bill.