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Cook County State's Attorney: Gay Marriage Ban is Unconstitutional

More great developments from Illinois on marriage equality. Cook County State's Attorney Anita Alvarez agrees with two new lawsuits filed by ACLU and Lambda Legal that the statute prohibiting same-sex marriage violates Illinois' constitution, reports the Chicago Tribune.

Two recent lawsuits against Cook County Clerk David Orr claim that not issuing marriage licenses to same-sex couples violates the due process and equal protection clauses of the Illinois Constitution. The state’s attorney’s response, filed today, agrees with that claim. “We believe the plaintiffs are correct in their assertion that the Illinois Constitution upholds marriage equality for same sex couples just as it does for opposite sex couples,” spokeswoman Sally Daly said in an email.

The filing by the Chicago prosecutor—who represents the nation's second most populous county—follows a finding by Illinois State Attorney General Lisa Madigan that the marriage statute is unconstitutional. Gov. Pat Quinn also supports marriage equality. Illinois does not have a constitutional marriage amendment.

ACLU and Lambda Legal filed their lawsuits on May 30. The next hearing in the case will be June 21, when a motion to combine the two lawsuits will be heard.

Illinois became the sixth state to allow civil unions after Quinn signed the landmark Illinois Religious Freedom Protection and Civil Union Act in January 2011. Since then, Hawaii and Delaware have also granted civil unions for same-sex couples.

Six states currently mandate marriage equality—Massachusetts, Connecticut, Iowa, New Hampshire, Vermont and New York—as does the District of Columbia. Washington Gov. Christine Gregoire signed legislation to make Washington the seventh state in February. Maryland Gov. Martin O'Malley signed his state's marriage equality law in March. Both the Maryland and Washington legislation will head to the November ballot in a voter referendum.

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FBI: Mississippi Hate Crimes Rise, 2/3 of Counties "Failed to Report"

The horrific case of James Craig Anderson has drawn national attention to Mississippi and its history of racial intolerance. The Black gay Mississippi man was killed in an alleged racially motivated beating and hit-and-run murder caught on videotape in June 2010.

New data show that hate crimes have soared in the state but the vast majority of its counties have "failed" to file any reports with the Federal Bureau of Investigation and Justice Department, reports the Jackson Clarion-Ledger.

Hate crimes in Mississippi rose from two to 11 over the past year, an FBI report released Monday shows. But in Mississippi and nationally, human rights activists say reported numbers of hate crimes are a fraction of reality. ...

Nsombi Lambright, executive director for the Mississippi chapter of the American Civil Liberties Union, said she also believes the number of hate crimes in Mississippi is much higher than the FBI report suggests. Sometimes victims won't report the crimes "because they are scared of retaliation," she said. "You also have counties that are not reporting the incidents."

Of the 63 participating agencies in Mississippi, Gulfport was the only one to report a hate crime in 2010. More than two-thirds of Mississippi's counties failed to file a report with the Justice Department.

Mark Potok, director of the Southern Poverty Law Center's Intelligence Project, believes the "real level is about 200,000 hate crimes a year."

About 7700 offenses were reported nationwide in 2010 as a result of bias toward race, religion, sexual orientation, ethnicity/national origin, or disability, according to the FBI. "47.3 percent were motivated by a racial bias, 20.0 percent were motivated by a religious bias, 19.3 percent were motivated by a sexual orientation bias."

James C. Anderson died on the morning of June 26 in a Jackson motel parking lot. The 48-year-old Anderson had a long-term male partner of almost two decades and they were raising a daughter.

Nineteen-year-old Daryl Dedmon, who was driving the pickup, faces capital murder and hate crime charges and is being held without bond. The white Mississippi teenager charged with capital muder has a hisory of bullying, racial and homophobic intimidation, and is being investigated for allegedly committing other hate violence,

Anderson's family filed a wrongful death lawsuit in September against the seven white teenagers that police say were involved in the gruesome crime. Anderson's long-term partner is prevented by Mississippi law and the Defense of Marriage Act from joining the legal action. Anderson's partner was also prevented by Mississippi law from making end of life decisions.

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Rep. Barbara Lee Introduces Anti-HIV Criminalization Bill

Excellent news. Rep. Barbara Lee (D-CA) has introduced landmark legislation to call attention to the nation's patchwork of laws that criminalize the exposure and transmission of HIV.

The REPEAL HIV Discrimination Act calls for the explicit review of all federal and state laws and regulations regarding "the criminal prosecution of individuals for HIV-related offenses. It then creates incentives for governments to reform existing policies that use the law to target HIV-positive people," notes Housing Works.

From the ACLU:

There are presently 34 states that have criminal laws that punish people for exposing another person to HIV, even in the absence of actual HIV transmission or a meaningful risk that transmission could occur. Many of these laws were enacted early in the epidemic, before people understood how HIV was and was not transmitted, but the laws have not been changed. And many people are serving long sentences for conduct that poses no meaningful risk of transmission of HIV, such as spitting or biting.

In March 2010, the ACLU of Michigan filed an amicus brief in the jaw-dropping case of a man living with HIV who faced bio-terrorism charges after he allegedly bit another man during an altercation (despite the fact that HIV is not spread through saliva). Fortunately, a judge eventually threw out the bio-terrorism charges against the man. Additional cases include that of a Texas man living with HIV who received a 35-year sentence for spitting at a police officer because under Texas law his saliva was considered a "deadly weapon."

The Michigan bio-terrorism case was prosecuted against a Black gay man. Blacks and gays of color are disproportionately singled out for prosecution, according to many experts.

A fact sheet created by the Center for HIV Law and Policy, AIDS United, Lambda Legal and the ACLU AIDS Project summarizes the issues with HIV criminalization and the measures the new bill takes to address them. The co-sponsors include Donna Christensen (D-VI), Steve Cohen (D-TN); Raul Grijalva (D-AZ), Jesse Jackson Jr. D-IL); Eleanor Holmes Norton (D-DC); Mike Quigley (D-IL); Charles Rangel (D-NY) and Lynn Woolsey (D-CA).

The Obama Administration released the nation's first National HIV/AIDS Strategy in July 2010. The NHAS emphasized that HIV-related stigma "remains extremely high" and called for a review of all criminalization. Last fall the Black AIDS Institute analyzed NHAS' potential impact on Black America. Read parts 1, 2, 3 and 4 of our report.

Rhode Island Senate Votes 21-6 for Civil Unions

The Rhode Island Senate has approved legislation tonight that would allow same-sex couples to enter into civil unions. The approval came less than an hour after the Senate Judiciary Committee voted 7 to 4 to recommend passage, reports the AP.

State senators voted 21-16 Wednesday evening to endorse the bill. The legislation ... allows gay couples to enter into civil unions that offer the same rights and benefits given to married couples under Rhode Island law. It is now headed to the desk of Gov. Chafee for his signature.

The House of Representatives approved the civil unions bill by a 62 to 11 vote on May 19. HB 6103 was introduced as a compromise after House Speaker Gordon Fox—who became Rhode Island's first Black and first openly gay House speaker in February 2010—said a marriage equality bill did

But several civil rights and LGBT advocacy groups are calling on the governor to veto it because of what they call "overly broad" religious exemptions, reports the Providence Journal.

In a two-page letter sent to the governor, the groups said the bill — scheduled for a Senate Judiciary Committee vote on Wednesday afternoon — "represents a huge step backward from Rhode Island’s longstanding nondiscrimination commitments" and provides "individuals and institutions a free-floating license to discriminate against a whole class of people, in defiance of general law."

"This amendment could allow individuals, who are legally required to recognize everyone else’s legal commitments, to opt out of doing so only for gay and lesbian people," the groups wrote. "In practical terms, this law could allow religiously affiliated hospitals to deny a civil union’s spouse’s right to be by his spouse’s side and make medical decisions for him."

The groups that signed the letter included Marriage Equality Rhode Island, Gay & Lesbian Advocates & Defenders, the National Center for Lesbian Rights, Freedom to Marry and the American Civil Liberties Union.

Chafee supported marriage equality and says he is inclined to sign the bill. No comment yet from his office on the veto request. The Catholic Church and evangelical leaders are also opposed to the bill.

REPORT: "Black and Gay" Inmates Targeted at Private Idaho Prison

African American and gay inmates are targeted by bloodthirtsty white supremacists and gangs at a privately-run Idaho prison ... and guards look the other way. The situation is even more extreme for prisoners who are Black and gay, reports The Root.

A class-action lawsuit has been filed against the privately run Idaho Correctional Center, which is considered so violent that it is called "gladiator school". Last year, the AP released surveillance video of a brutal beating showing the guards doing absolutely nothing. Antoney Jones says that also happened to him because he is Black, gay and testified against another inmate in California.

Jones was struck violently in the face within minutes of being housed in a dangerous pod at the ICC, the suit says. He bled for half an hour, his face was swollen, and both eyes turned black and blue. "Prisoners throughout the pod lined the rails and began yelling, 'Kill the nigger,' 'Get the fag' and 'Kill the rat,' " the complaint reads. "It was a mini riot, and yet no guards intervened." [...]

The suit highlights a deeply entrenched culture of brutality that has resulted in higher levels of violence at ICC than at Idaho's eight public prisons combined, Hopkins says. It tells the stories of men involved in 24 different cases of assault that have occurred at ICC since November 2006, all of which were entirely preventable and the direct result of failures by ICC officials to protect prisoners, despite being placed on notice that those prisoners faced a substantial risk of serious harm, she says.

Even though he was taken to the infirmary, Antoney Jones received no X-rays after his assault to determine whether there were broken bones or he needed hospitalization. He received cotton balls to stanch the bleeding, and ibuprofen for intense pain. "Jones was placed in segregation without being offered additional medical care," the suit says. "Jones felt desperate, depressed and forsaken. Three days later, while still in the segregated cell, Jones attempted suicide by tying bed sheets around his neck. Jones lost consciousness. Fortunately, a guard saw him and cut him down."

Read the report HERE.

The number of inmates at privately run prisons has increased in recent years, especially in the wake of the recession and budget cuts. Some states claim they are more cost efficient. Critics argue that private prisons reduce costs by providing "fewer services than public facilities in a bid to save money, thereby endangering the lives of inmates."

The Root recently reported on the privately run Walnut Grove Youth Correctional Facility in Jackson, Mississippi. A lawsuit charges that youth inmates are forced to live in "barbaric and unconstitutional conditions and are subjected to excessive force by prison staff. The population [of 1200] is about 90 percent African American."

The charges of rampant violence in privately run prisons comes during the same week the Supreme Court ordered California to release 33,000 inmates due to over-crowding.

Mississippi Sheriff Reinstates Fired Gay Corrections Officer

There is excellent news to report on the case of Andre Cooley, the former Forrest County, Mississippi Sheriff's Department officer who was "fired because he turned out to be a faggot." Cooley said  his supervisors discovered he was gay when they responded to a 911 call he placed in June 2010 after his boyfriend became violent. 

Officer Cooley has been reinstated and the department will clarify its non-discrimination policy, thanks to a lawsuit filed by ACLU and ACLU Mississippi.

The Forrest County Sheriff’s Department will reinstate Andre Cooley as a deputy corrections officer as part of the settlement of a lawsuit filed by the American Civil Liberties Union and the ACLU of Mississippi, in which Cooley alleged that he was fired because he is gay. As part of the settlement agreement reached today, the sheriff’s department will also update its written non-discrimination policy to make explicit that the sheriff’s department does not discriminate on the basis of sexual orientation.

"I am looking forward to returning to a job that I loved in the sheriff’s department," Cooley said. "I’m very happy that the sheriff’s department has clarified in writing that they do not discriminate based on sexual orientation. Everyone should be judged by their ability to do the job, not by their sexual orientation."

"We are happy to have Mr. Cooley return to work in the department. His sexual orientation has no bearing on his ability to perform the duties of a corrections officer," said Sheriff Billy McGee. "The Forrest County Sheriff’s Department is an equal opportunity employer, and we do not discriminate based on sexual orientation. Our new written policy will make this position clear to every employee in our department."

The settlement agreement includes a monetary amount for Cooley, the ACLU adds.

The reinstatement and non-discrimination policy is a huge win. Last December, you may recall the Forrest County Sheriff responded to the ACLU complaint and said they did absolutely nothing wrong—wait for it—because "no federal or state law exists in regard to firings over sexual orientation."

Congrats to Officer Cooley and the ACLU. And the case is yet another reminder of why we need the Employment Non-Discrimination Act. 

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Mississippi Sheriff: No Laws Broken Firing Gay Corrections Officer

New developments in the case of Andre Cooley, the former Forrest County, Mississippi Sheriff's Department officer who was fired after supervisors discovered he was a "faggot." Cooley said one of his supervisors discovered he was gay when they responded to a 911 call he placed in June after his boyfriend became violent.

ACLU Mississippi has filed a lawsuit on behalf of Cooley and writes in its complaint:

" Upon learning that Mr. Cooley was gay and in a same-sex relationship, Chief Charles Bolton immediately told Mr. Cooley not to come back to work before reporting to his immediate supervisor. When he did report to his supervisor, Mr. Cooley was told he was suspended indefinitely. The next day, Defendant Donnell Brannon, Staff Sergeant of Jail Operations, informed Mr. Cooley that the Sheriff’s Department had terminated him because of 'the type of situation' in which Mr. Cooley had been involved. Mr. Cooley asked Staff Sergeant Brannon whether he was being fired because he is gay. After a brief pause, Staff Sergeant Brannon responded, 'Yes.' On information and belief, Staff Sergeant Brannon subsequently told Mr. Cooley’s co-workers that 'Cooley was fired because he turned out to be a faggot.'"

The Forrest County Sheriff has responded to the ACLU complaint and says they did absolutely nothing wrong—wait for it—because "no federal or state law exists in regard to firings over sexual orientation," reports the Clarion Ledger.

"The sheriff's department also argued in an answer to the lawsuit that Cooley was an at-will employee who worked 'solely at the pleasure of the Forrest County Sheriff.' Cooley's suit seeks punitive damages, court costs, attorney fees and an injunction reinstating him as a corrections officer. Bear Atwood, ACLU Mississippi legal director, said a significant body of case law exists that protects public workers. 'What it fails to do is give any legitimate reason why he would've been fired,' she said of the response filed Friday in U.S. District Court in Hattiesburg. 'It basically says that it would have been OK to fire him because he's gay.'

"Defense attorney Jim K. Dukes Jr. told the Hattiesburg American that was not the case. 'We feel the answer speaks for itself, and we feel we had justified grounds for his termination that had nothing to do with his sexual orientation,' Dukes said." ... The department's answer filed Friday requested a non-jury trial."

And yet another example of why we need the Employment Non-Discrimination Act.

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DOJ to Appeal DADT Reinstatement of Lesbian USAF Maj. Magaret Witt

In late September, a federal court ordered the United States Air Force to reinstate retired Maj. Margaret Witt, a highly skilled and decorated flight nurse who was discharged under "Don't Ask, Don't Tell." Tonight, the Department of Justice has appealed that ruling, reports MetroWeekly.

In a brief filing in the U.S. District Court for the Western District of Washington, the U.S. Department of Justice filed the formal documents to announce that it plans to appeal the trial judge's order in Witt v. U.S. Department of the Air Force. On Sept. 24, U.S. District Court Ronald Leighton ruled that the Air Force's discharge of Major Margaret Witt under DADT violated her constitutional rights. He wrote: "[T]he Court concludes that DADT, when applied to Major Margaret Witt, does not further the government’s interest in promoting military readiness, unit morale and cohesion. ... Application of DADT therefore violates Major Witt’s substantive due process rights under the Fifth Amendment to the United States Constitution. She should be reinstated at the earliest possible moment."

Major Margaret Witt joined the Air Force in 1987, served in the Persian Gulf and received multiple decorations. The Air Force used her photo in recruitment materials for more than a decade. Witt was discharged in 2006 after her commanders discovered she was in a lesbian relationship with a civilian. The action "left her less than a year short of the 20-year service requirement" to obtain a full Air Force pension.

The Justice Department "did not seek a stay" of the lower court ruling, which suggests Maj. Witt could possibly serve during the appeal, reports the AP.

White House Press Secretary Robert Gibbs released this statement:

"Today, the Department of Justice filed a notice of appeal in a case involving a legal challenge to the Don’t Ask, Don’t Tell (DADT) policy, as the Department traditionally does when acts of Congress have been held unconstitutional," Gibbs wrote. "This filing in no way diminishes the President’s -- and his Administration’s -- firm commitment to achieving a legislative repeal of DADT this year. Indeed, it clearly shows why Congress must act to end this misguided policy. In recent weeks, the President and other Administration officials have been working with the Senate to move forward with the passage of the National Defense Authorization Act, including a repeal of DADT, during the lame duck."

ACLU Sues Defense Dept. Over Lesser Separation Pay for DADT

The American Civil Liberties Union has filed a class action lawsuit against the Department of Defense over its policy of halving the separation pay for service members honorably discharged through "Don’t Ask, Don’t Tell." The ACLU reports, "The separation-pay policy is not part of 'Don't Ask, Don't Tell' and the Department can change it immediately without waiting for congressional approval."

The lead plaintiff in the case is Richard Collins, a decorated former staff-sergeant in the U.S. Air Force who served for nine years until he was discharged from service under the "Don't Ask, Don't Tell" policy. Mr. Collins's superiors learned that he is gay when two civilian co-workers observed him exchange a kiss with his civilian boyfriend. Mr. Collins received an honorable discharge from the Air Force but discovered after the discharge had been completed that his separation pay had been cut in half on the grounds of "homosexuality."

The ACLU and the Servicemembers Legal Defense Network first contacted the Defense Department in November 2009 to request that the separation-pay policy be revised to eliminate the discrimination against gay and lesbian service members, but the department has refused to do so. Because of its refusal to change this discriminatory policy, the American Civil Liberties Union and the ACLU of New Mexico have filed this class action lawsuit in the U.S. Court of Federal Claims.

The ACLU invites other servicemembers discharged DADT to join the class action.

"All United States service members who at any time from November 10, 2004 through the present were involuntarily separated from the military and were, pursuant to 10 U.S.C. § 1174, entitled to full separation pay, but were deemed to be not fully qualified for retention and denied reenlistment or continuation because of homosexuality and therefore had their separation pay reduced by one-half."

More information at ACLU ...

Miss. Corrections Officer Fired, "He Turned Out to Be a Faggot"

In what is believed to be the first lawsuit of its kind in Mississippi, the American Civil Liberties Union has filed a lawsuit on behalf of Andre Cooley, a former corrections officer with the Forrest County Sheriff's Department who was fired after supervisors discovered that he is gay. Cooley said one of his supervisors discovered he was gay when responding to a 911 call placed by Cooley in June after his boyfriend became violent.

The ACLU complaint:

" The official police report of the incident lists Mr. Cooley as the “victim” of the domestic violence. No charges or disciplinary proceedings have ever been filed against Mr. Cooley accusing him of domestic violence or any other misconduct. One of the officers who responded to the call was Defendant Charles Bolton, the Chief of Corrections. In response to Chief Bolton’s questions, Mr. Cooley’s boyfriend disclosed that he and Mr. Cooley were in an intimate relationship. Upon learning that Mr. Cooley was gay and in a same-sex relationship, Chief Bolton immediately told Mr. Cooley not to come back to work before reporting to his immediate supervisor. When he did report to his supervisor, Mr. Cooley was told he was suspended indefinitely. The next day, Defendant Donnell Brannon, Staff Sergeant of Jail Operations, informed Mr. Cooley that the Sheriff’s Department had terminated him because of 'the type of situation' in which Mr. Cooley had been involved. Mr. Cooley asked Staff Sergeant Brannon whether he was being fired because he is gay. After a brief pause, Staff Sergeant Brannon responded, 'Yes.' On information and belief, Staff Sergeant Brannon subsequently told Mr. Cooley’s co-workers that 'Cooley was fired because he turned out to be a faggot.'"

The Clarion-Ledger adds:

Cooley requests unspecified damages from the Sheriff's Department, Sheriff Billy McGee, Chief of Corrections Charles Bolton and Staff Sgt. Donnell Brannon, a jail employee. The suit also requests punitive damages from the three, Cooley's reinstatement and the implementation of policies that prohibit discrimination based on sexual orientation.

Sheriff McGee on Monday said he stood by the decision to fire Cooley. "He got in a fight with his boyfriend, and the police were called to his house for a domestic disturbance," McGee said. "Those kinds of incidents don't speak well for people in law enforcement." The sheriff confirmed that no charges had been filed against Cooley and would not comment on the issue of Cooley's sexual orientation, saying he would speak to that in court.

So does that mean Sheriff McGee would fire a straight male deputy if he "got in a fight with his girlfriend." Probably not ...

ACLU staff attorney Joshua Block says the lawsuit is the first of its kind the ACLU has filed in Mississippi. There are no federal or state laws protecting LGBT employees in the state, and Block says it's often difficult to find work in the same community once you are outed.

The Forrest County Sheriff's Department contested Cooleys application for unemployment benefits, claiming that he "displayed inappropriate conduct and behavior while off-duty, unacceptable for any officer." Cooley appealed and an administrative law judge reversed the decision on August 25. Thats  great news. 

Yet another reason why we need the Employment Non-Discrimination Act. Watch the ACLU interview with Andre Cooley AFTER THE JUMP ...