By EQCA Executive Director Geoff Kors, cross-posted with permission from Karen Ocamb, LGBT POV.“Gays and lesbians do not possess a meaningful degree of political power. They are not able to protect their essential interests.”
This was the testimony of Dr. Gary Segura, a tenured political science professor at Stanford University, this past week in the federal case against Proposition 8.
On cross-examination, David Thompson, a lawyer defending Prop. 8, worked hard to get Dr. Segura to contradict himself and provide evidence that lesbian, gay, bisexual and transgender people are a strong political force in California and thus not deserving of protection as a minority. Thompson even cited Equality California’s many victories to support his baseless, indefensible argument.
Equality California and LGBT rights advocates across California have secured many hard-won rights and freedoms for LGBT Californians, but many important rights are still not ours, including the right to marry. Ultimately, however, the issue is not whether LGBT people in California can pass bills, or whether there is an openly gay Speaker of the Assembly, who also happens to represent the state’s Latino majority – John A. Perez.
The real issue is whether or not LGBT people are a “suspect class” – the legal definition for “minority”- that is likely to be singled out for discrimination. So long as a shift in the political landscape can undo the gains we have made, as a community we are still vulnerable enough that the protections afforded to suspect classes are necessary to truly protect our rights.
Progress in California: What It Takes
Last Thursday in court Thompson read an EQCA press release from 2003, when we passed a bill expanding domestic partnerships to include most of the rights heterosexual spouses enjoy, contending that showed the LGBT community’s political clout.
When the bill passed seven years ago, it was historic — it resulted in the first comprehensive rights for same-sex couples enacted without a court order – and it followed on the heels of the first state domestic partnership registry in the nation, which we established in 2000. Before the registry was created, same-sex couples were legal strangers.
But domestic partnerships do not provide the same dignity, protections and societal recognition that marriage provides. It was for this reason that EQCA and then-Assemblymember Mark Leno sponsored and passed two bills to extend marriage to same-sex couples, both unfortunately vetoed by Gov. Schwarzenegger.
There were protests. We knew then, as we know now: until we can marry and are able to protect our marriages from others who wish to take them away, our families will be unequal under the law.
This past week Thompson also quoted EQCA’s 2009 legislative scorecard as saying that “this year has been one of Equality California’s best yet in Sacramento,” as we passed a record 11 pieces of legislation. I’m thrilled with the ambitious progress we made last year. We established Harvey Milk Day in California, protected the rights of same-sex couples who marry in another state or country, and increased access to domestic violence programs, to name a few. But it’s wholly inaccurate to say that having a stellar year in the legislature means we’ve achieved true and full equality. Only constitutional protections as a suspect class can put us on that path.
EQCA has also passed bills to ban employment discrimination and to enhance penalties for hate crimes, both on the basis of sexual orientation and gender identity. We’ve enhanced domestic partnerships to include more rights. We’ve passed bills that protect LGBT people from discrimination in health insurance, housing, schools and government-funded services.
A lot? Definitely. Enough? Not until we know that these protections are permanently safe, and not until we have achieved true and complete equality.
We also have more progress to make in California, on rights that are central to full equality but can be very difficult to obtain. Like marriage, to name the obvious. Our schools don’t yet teach LGBT history, and while some protections have been created for LGBT youth in schools, many of our young people still succumb to depression and suicide because of bullying. Transgender people still struggle to afford critical transition-related health care and to access culturally competent general health care.
LGBT people in the criminal justice system see their health and safety compromised every day, including losing access to medications for HIV/AIDS. Budgets for other critical HIV/AIDS services are also being slashed around the state, putting our community’s health in jeopardy. Federal, state and local government-funded health and human services programs don’t yet ensure adequate access for LGBT individuals and families. Our seniors still struggle for safe places to live and enjoy their retirement years.
It’s convenient for Thompson to argue that LGBT people and our allies are politically safe and well protected in California. But it’s not the truth. And it won’t be the truth until we are acknowledged and treated as a suspect class.
Supporting Only Those Who Support Us
Thompson called out the number of legislators who received scores of 100% on EQCA’s scorecard, suggesting that each of these legislators is a perfect, unshakeable ally of our community. I’m proud of the legislators who voted for greater LGBT rights last year and am optimistic they will continue to stand with us.
However, the scores in the scorecard are based only on their votes in the 2009 legislative session. Someone who was 100% in 2009 could vote differently in 2010, especially on issues where the other side works to generate calls and exert pressure on them. No vote is ever guaranteed, and we can never take a legislator’s or official’s support for granted.
We have to continue to ask candidates and elected officials to become stronger supporters of LGBT rights. Dr. Segura brilliantly made the point that many state legislators also received a 0% score on EQCA’s scorecard, and that these anti-LGBT legislators would quickly roll back any protections for LGBT people if they were able to win the majority. We must always build the will of those we elect to stand strong for LGBT rights, and we must stand against those candidates who would try to take back our hard-fought gains.
Last week was a week of shocking and inspiring moments at the federal courtroom in San Francisco where Proposition 8 is on trial. Two defense witnesses gave testimony by video that actually provided more support for our side than for the defense. We heard the moving stories of Ryan Kendall, a gay man who was forced by his family into “gay conversion therapy” as a teenager, and of San Diego’s Republican Mayor Jerry Sanders, who is proud of his lesbian daughter and publically opposed Prop 8.
Dr. Segura finished strong on Thursday morning as Thompson finally wrapped up his cross-examination. All the news I am hearing from the courtroom makes me very proud of the plaintiffs and the astounding legal team, including Ted Olson, David Boies, San Francisco City Attorney Dennis Herrera and Chief Deputy City Attorney Therese Stewart. I’m also truly appreciative of the American Foundation for Equal Rights and the fantastic witnesses who have testified. EQCA filed an amicus brief early on, knowing this would be the trial of the century.
LGBT people don’t have full equality yet. But if we all keep working this hard, I’m certain we will prevail. We must continue to work to be fully equal and fully protected under the law.
EQCA’s PAC only endorses candidates who are 100% for LGBT rights. Consider joining us this year as either a donor or a volunteer. There are many ways you can further the candidates who will keep our state on the path to full equality.
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