Tuesday, July 14, 2009

Going Back to the Ballot—Update from Marc Solomon


Yesterday, a number of organizations—led by people of color LGBT organizations—issued a statement entitled Prepare to Prevail: Why We Must Wait in Order to Win, which made the case that we are not ready to return to the ballot in November 2010, and recommitted to the work to move voters our way. The American Civil Liberties Union put out a statement that conveyed similar sentiments.

In response, Love Honor Cherish issued a statement of its own entitled Why We Cannot Wait, arguing that we should return to the ballot in 2010.

We thought this was a good opportunity to share our present thinking.

In late May, we told the community that, preliminarily, based on all we knew at the time, we believed we should return to the ballot in 2010. We also promised that we would not go back to the ballot on our own, but only together with coalition partners. And we said that, before we concluded what the right timing was, we would perform extensive “due diligence,” speaking with and listening to our coalition partners, volunteers in the field, donors, political consultants, pollsters, and many others. As we said in late May, a roadmap to victory includes:
  • A realistic and executable fundraising plan. We must be able to raise between $25 and $50 million, with a good portion of that coming early on in the campaign when much of the persuasion work needs to be done.
  • A governance structure that works. We need a campaign structure that engenders the confidence of the community and balances the need for inclusive representation with the need to act decisively and quickly.
  • A winnable campaign plan. Polling shows that we have approximately the same level of support for marriage equality as we did when Proposition 8 passed. We need to know that if we can raise the funds and have a solid governance structure, we have a well-thought out program of how we are going to prevail.
  • A commitment to doing the hard work. In order to move enough people to win, we must be out speaking to voters who are not yet with us, relentlessly. Tomorrow we will report on the results of our field efforts to date.

Our threshold has always been that we want to go back to the ballot at the earliest time that we have a strong chance of prevailing.

Throughout the state, our community has been having lively discussions and debate about when and how to return to the ballot. Equality California has joined Marriage Equality USA and a number of other coalition partners on the Get Engaged Tour, which solicits grassroots feedback on what the next initiative campaign should look like and when it should take place. The results of the Get Engaged Tour are being compiled by ME USA and will be shared with community leaders at the July 25 Community Leadership Summit in San Bernardino.

Information is power. We all owe it to ourselves to be as informed as possible as we develop our opinion about what we think is the best time to go back to the ballot.

To assist the community in reaching a decision, Equality California has asked several well-respected political consultants who represent different perspectives to provide us with answers to the following two questions:
Based on your professional experience with ballot initiatives and the research and data that is presently available, when do you recommend returning to the ballot to try to overturn Proposition 8: 2010, 2012, or other? On what do you base your conclusion?

What do you believe are the most important steps that the LGBT community and its allies must take to prepare to return to the ballot?

Each of the people below has generously volunteered to provide responses within the week, and we will post them when we receive them. We will also submit them to ME USA for inclusion in the Get Engaged Tour results.

  • Mark Armour, Armour Media, who served as Al Gore’s press secretary, leads an LA-based progressive media and political consulting firm. Armour has successfully led ballot initiative campaigns to require the generation of more clean energy and to tax tobacco companies to support early childhood development in California.

  • Rick Claussen, Partner, Goddard Claussen is among the most respected and successful Republican consultants in California. His firm has won 93% of its statewide ballot issue campaigns in California and many other states.

  • Jill Darling served as Associate Director of the award-winning Los Angeles Times Poll and the Times/Bloomberg Poll from 1988 until the Times Poll was disbanded in 2008. She has national, state and local election exit polling expertise, after two decades of designing samples, questionnaires, and analysis models for primaries, general elections and absentee voter polls. Formerly president of the Pacific Association of Public Opinion Researchers, she is currently working on a history of gay-related legislation in California.

  • Dave Fleischer. For many years, Dave was Director of Organizing and Training for the National Gay and Lesbian Task Force. In that role, Fleischer played a lead part in devising strategy on literally dozens of LGBT-related ballot initiatives. Fleischer is now advising the L.A. Gay and Lesbian Center’s Vote for Equality canvass project, the most extensive door-to-door effort on marriage equality in California.

  • Gale Kaufman, President, Kaufman Campaign Consultants, a Sacramento-based Democratic political consultant, was awarded, in March 2006, the coveted “National Campaign Manager of the Year” by the American Association of Political Consultants for leading the coalition that defeated all four of Governor Schwarzenegger’s Special Election Initiatives in November 2005. She represents many unions including California’s largest union, the California Teachers’ Association, and is known as one of the most formidable ballot campaign specialists in California.

  • Richie Ross is one of the most revered Democratic political consultants in Sacramento. A former aide to Cesar Chavez and organizer for the United Farm Workers, Ross ran the successful Proposition 98 campaign that guarantees schools a certain percentage of tax revenues. He was top adviser and consultant to former Assembly Speaker Willie Brown, a long-time leader on immigration-related initiatives, a top adviser to many Latino candidates and has one of California’s most successful records of winning elections over the last 30 years.

We also want to know what you think. We invite your comments both now and as their statements are posted. Please leave us your feedback and questions, and know that we’re keeping everyone’s perspective in mind as we weigh out this tough decision.

Monday, July 13, 2009

Meet my friend Regina Benjamin, your next Surgeon General

Post by EQCA Marriage Director Marc Solomon

I was riding on the exercise bike this morning, watching the Sotomayor hearings on TV, when I saw that President Obama had selected Dr. Regina Benjamin as Surgeon General. I was deeply, deeply moved.

Regina is a friend, and someone I hold in incredibly high esteem. I had the great fortune of participating in a two-year fellowship with Regina, through the Rockefeller Foundation, called Next Generation Leadership (LA City Council President Eric Garcetti was among the 24 people in our cohort). We traveled the country, and the world, exploring and discussing different aspects of American democracy. We came to LA to look at immigration; to Mississippi to examine race and poverty; and South Africa to consider the profound issues facing that new democracy with such an awful past.

At the time, Regina was running a rural health clinic in her native Alabama. She was serving patients who were the poorest of the poor. She was also the first African-American woman to be president of a state medical association, having served as chair of the Alabama Medical Association.

I’ll never forget the emails Regina sent right after Hurricane Katrina destroyed the clinic in 2005. Very matter-of-fact; never filled with pity; but the facts themselves were just devastating. Regina is exceptionally determined, and she figured out a way to get it rebuilt. Then, heartbreakingly, it burned down just before it re-opened.

Not one who engages in small-talk, Regina is a passionate advocate for the health and well-being of all, and especially those who have had a rougher go at it.

And she is a strong advocate for equality for the lesbian, gay, bisexual and transgender community. At a time when I was just figuring out what role I wanted to play, Regina was a quiet yet forceful support to me as I decided to take a more public role advocating for our community.

I can’t think of a better choice. Our community, and all of us, are lucky indeed.

Marc Solomon
Marriage Director

Friday, July 10, 2009

Friday round-up of California LGBT news: Wanda Sykes, Steve Pougnet, Rockstar, Outfest...

:: Fundraising is gearing up in the US Congressional race between out Palm Springs mayor Steve Pougnet and incumbent Mary Bono Mack. (Advocate)

:: Equality California Institute Board Member Wanda Sykes interviewed by Texas newspaper about headlining True Colors tour, coming out and her work on LGBT issues. (DallasVoice)

:: Conflict between Rockstar energy drink and bloggers finally over? We shall see. (Bilerico)

:: Premiere LGBT film festival Outfest begins tonight in Los Angeles. (Outfest)

Anti-LGBT group ramps up efforts to stop Harvey Milk Day

Infamous anti-LGBT leader Randy Thomasson just sent the members of his group an offensive email calling SB 572 a “horrible bill” and urging them to contact the governor and their legislators through any means possible—email, fax, phone—to try to stop it.

You can help end this madness and make sure the governor doesn’t cave to their pressure. Call the governor’s office at 916.445.2841 and sign our petition.

Let’s not let this be the message that rules the day:
“I'm asking you to take renewed action to protect the minds, hearts and souls of innocent children. Protect them from "Harvey Milk Gay Day," which would openly indoctrinate kids to make them think that the "lesbian, gay, bisexual, transgender" (LGBT) agenda is good and natural and maybe even for them.”

LGBT students are more likely to face bullying and contemplate suicide, and California would only benefit from this non-fiscal day of commemoration for one of our state’s boldest and bravest leaders.

Thursday, July 9, 2009

Prop 8 author using illegal fundraising tactics in Assembly campaign?

The political campaign of Prop 8 architect, Andrew Pugno, has been receiving even more scrutiny.

As we reported last month, Andrew Pugno is running for the California Assembly in 2010. The adamantly anti-gay rights attorney is seeking to represent the 5th Assembly district, an area that covers parts of Sacramento and Placer counties.

Now questions about illegal fundraising tactics have surfaced.

Pugno’s campaign has collected a quarter of a million dollars from utilizing mailing lists of Yes on 8 contributors.

Fundraising emails for Pugno were signed by Ron Prentice, president of ProtectMarriage.com, and featured a Yes on 8 logo and header.

The e-mail "appears to violate the Protectmarriage.com's stated privacy policy," wrote blogger Justin McLachlan, believing "it could all lead to a violation of California's Online Privacy Protection Act."

Executive Director Geoff Kors had this to say:

"The last thing the Legislature needs is an anti-equality extremist who is trying to build a political career for himself by denying others the same rights he enjoys. EQCA's PAC looks forward to endorsing and supporting a candidate who supports equality for all their constituents."


Long Beach Councilman Proposes Equal Benefits Ordinance

First District City Councilman Robert Garcia wants Long Beach to only offer city contracts to companies that provide equal spousal benefits packages for straight and gay employees.

At next Tuesday's council meeting Garcia is requesting that the city attorney draft an equal benefits ordinance.

"Everyone deserves equal treatment in the workplace," said Garcia, one of two openly gay council members.

While the state of California already has an equal benefits ordinance in place, the new piece of legislation would apply to municipal contracts.

Other cities with similar ordinances include Los Angeles, Oakland, Seattle, San Francisco, Portland and Minneapolis. According to Garcia, "This is an important step forward for equality and civil rights in Long Beach."

San Francisco passed one of the first equal benefits ordinances in the world, thanks in part to the hard work of EQCA’s Geoff Kors. This is the same ordinance that is at the center around the current See’s Candy closure in SF.

The legislation would make an exception in the case of a public emergency or if there are too few companies that offer a particular service.


Bill that addresses status of out-of-state same-sex marriage passes committee

Today a bill that seeks to address the ambiguous status of out-of-state same-sex marriages in California passed its first Assembly Judiciary Committee hearing today by a 7-3 vote. Introduced by state Senator Mark Leno (D-San Francisco) and sponsored by EQCA, the legislation would provide definitive answers to the legal limbo such couples are currently experiencing.

When same-sex marriage became legal last summer, marriages performed outside the state were also recognized as valid.

But unlike the 18,000 same-sex couples that received California marriage licenses, there was no mechanism for out-of-state couples to register their newly legal marriages.

Then there was that whole Prop 8 fiasco.

While the California Supreme Court determined that the same-sex marriages performed prior to November 5, 2008 were valid, the Court also claimed that it was not within their power to address whether same-sex couples married in another jurisdiction were entitled to have their marriage recognized in California.

In response to this injustice, Senator Leno wrote Senate Bill 54, a law that would make same-sex marriages performed outside of California before Prop 8 recognized as valid.

The legislation would also ensure that out-of-state same-sex marriages from this point forward would receive the same benefits as married couples, but they would not have the title of marriage.

The bill is co-authored by the three other members of the LGBT Legislative Caucus: Senator Christine Kehoe (D-San Diego), Assemblymember Tom Ammiano (D-San Francisco), and John A. Perez (D-Los Angeles).


Wednesday, July 8, 2009

Marc Solomon on the Masshachusetts challenge to DOMA


Thank You, Martha!

Early last year, I—along with my colleagues from Gay and Lesbian Advocates and Defenders—met with the Massachusetts Attorney General Martha Coakley, with whom I’d worked very closely during the marriage battles. We talked about two items—enlisting her support for a transgender non-discrimination bill (which she did right away!) and encouraging her to sue the federal government over the Defense of Marriage Act.

I saw her briefly at an event this past May and she told me to expect a surprise very soon. My fingers were crossed. Well, today I—and all friends of LGBT equality—got a wonderful surprise. On behalf of the Commonwealth of Massachusetts, she challenged DOMA in federal court—the first time a state has ever done so.

Her case is simple, and actually quite conservative. Marriage has always been the province of the states—until DOMA was enacted. Why should big brother Uncle Sam not respect some of the marriages performed in Massachusetts and recognized by Massachusetts law? Are the conservative defenders of DOMA really prepared to argue that Washington knows better than the Commonwealth of Massachusetts what’s best for MA’s citizens?

Coakley is an impassioned advocate of equality. I remember so poignantly her talk to the Massachusetts Democratic Party a couple of years ago when she addressed the issue of marriage equality. She talked about how she married later in life and didn’t have children. But, she said, her vision is of a society where her children could marry the person they love, whether that person turned out to be a man or a woman, and that that decision would be respected, valued and appreciated equally, either way.

Thank you, Martha Coakley, for standing up for equality.

Marc Solomon
Marriage Director

Photo: Bay Windows/Marilyn Humphries

See’s Candies: Letters Show Noncompliance with Equal Benefits Ordinance

I have been working the phones this morning to dig up some more information on the reason behind See’s Candies closing its Union Square store. I’ve been able to obtain some public record letters on the store’s lease renewal and statements from the company and the San Francisco Human Rights Commission.

Thanks to everyone who gave us feedback on our original post and to the other bloggers covering the issue. It continues to appear that See’s Candies chose to end the lease with the city on its Union Square branch rather than fully comply with the city’s Equal Benefits Ordinance, which requires that companies provide the same benefits for domestic partners as they do for married couples. This policy was originally orchestrated by EQCA’s Geoff Kors in 1996 and has provided the basis for similar ordinances across the country.

Please see below for the statements and letters. We’ll update you with any new information that comes in.

****************************

Below are the two letters on the public record. The first letter, from the San Francisco Human Rights Commission, documents the company’s failure to comply with the Equal Benefits Ordinance. It appears that See’s Candies was either not in compliance with the city’s requirements for equal protection, or unwilling to demonstrate the proper documentation. The second, from See’s Candies to the San Francisco Recreation and Parks Department (which oversaw the contract for the store), shows a decision to end the lease rather than comply with the ordinance.



The San Francisco Human Rights Commission also sent us a statement. There are still some questions left unanswered about the benefits enjoyed by See’s union employees. Note the Commission’s willingness to continue working with the company.
Thank you for contacting us to discuss the Equal Benefits compliance status of See's Candies. Please note that in addition to Equal Benefits issues there may be other reasons that we are not aware of that caused See's Candies to vacate the kiosk in Union Square.

The San Francisco Equal Benefits Ordinance requires companies that have leases with or provide goods or services to the City and County of San Francisco to offer the same benefits to employees with spouses and employees with domestic partners. Domestic partners are defined as same-sex and opposite-sex couples who are registered with any state or local domestic partner registry. To comply with the Equal Benefits Ordinance, contractors must submit a declaration of their employee benefits and provide supporting documentation that demonstrates that domestic partners are receiving the same benefits as spouses.

The Human Rights Commission worked with See's Candies last year with the goal of completing the Equal Benefits compliance process. We were unable to make a determination of compliance because See's Candies did not provide a complete set of employee benefit information. See's Candies expressed concern that the documentation for their employees who receive their benefits through collective bargaining agreements would be insufficient. Information about the benefits that are provided to their non-union employees was also incomplete.

The Human Rights Commission remains willing to assist See's Candies in completing the Equal Benefits compliance process whenever they choose to proceed.

Please contact me or Larry Brinkin, 415-252-2510, if you have further questions that we can help with.

Warm regards,
Tamra
________________________
Tamra Winchester
Contract Compliance Officer
City & County of San Francisco
Human Rights Commission

A representative from See’s sent us the following statement today. It is the same statement that was previously distributed on the See’s Candies in San Francisco blog and elsewhere:
See's Candies was mentioned in an article in the San Francisco Examiner written by Katie Worth that was published on June 20, 2009. We first learned of the article on Monday June 22nd. The article is factually untrue and the inaccuracies were addressed with the Examiner which prompted them to edit the story. For years See's Candies has provided domestic partner benefits including health insurance, with some of these benefits negotiated in labor agreements with unions representing See's workers. These benefits continue to be offered today to union and non-union employees of See's. Recently, our Union Square location lease was taken over by the City of San Francisco who has additional requirements for benefits beyond those offered by See's. As any change to the benefits offered would require opening all related union contracts for negotiation, and the added benefits required were relatively minor and not consistent with our overall benefit plan, See's attempted to seek a compromise with the City on its required benefit package. Unable to agree, and not wishing to renegotiate the union benefits offered to a single store in San Francisco, we elected to not renew our Union Square lease when it expired. See's was not "evicted", and we do offer health and welfare coverage for domestic partners on the same basis as for spouses. The allegations in the article were not discussed with See's prior to the article being run.

Thank you for your interest in See's Candies.

Diane Ihrig
See's Candies
Consumer Affairs Department

We asked Diane via email for the name of the union to which the employees belonged. She responded, “I’m sorry, I do not have that information available to share with you.” We called UFCW Local 648 and they confirmed they had represented the store’s employees.  

Team Win goes to LA Black Pride

This holiday weekend, Team Win Los Angeles went to support At the Beach – Black Pride for a day of fun in the sun, signing up volunteers and talking to folks about winning marriage back.

--Joseph, Mike and Milton


Milton from Team Win LA


Mike Ai with a Team Win LA Volunteer