Beyond the political debate in our community over an inclusive ENDA, an interesting legal debate arose concerning what a non-inclusive ENDA means to the whole LGBT community. This workshop will address that and other breaking employment issues, including those related to HIV. As the scope of the Americans with Disabilities Act (ADA) has been narrowed by court decisions, proving HIV discrimination in the employment context has become more difficult. Some of the major challenges in those cases and the impact if Congress passes the pending ADA Restoration Act will be discussed.
Speakers: Gregory R. Nevins, Bebe Anderson, Laura Maechtlen
Government Interest
From Massachusetts to California to Your State: Achieving Federal Recognition of Same-Sex Relationships
Section 3 of the federal Defense of Marriage Act (“DOMA”) defines marriage as between a man and a woman for purposes of the entire U.S. Code, effectively precluding same-sex couples from qualifying for the more than 1,100 federal rights, benefits and responsibilities that come with marriage. Now with same-sex couples marrying in Massachusetts and California, the broad impact of federal discrimination against same-sex couples is finally being felt. What are possible litigation strategies for dismantling this discriminatory law? What work is being done now to prepare to challenge Section 3, and what can you do to help in that effort?
Speakers: Shannon Minter, Jenny Pizer, Janson Wu, Nima Eshghi, Taylor FlynnWho Gets to Judge Us?: The Impact of Judicial Appointments and Elections on LGBT Litigation
This panel will examine state judicial elections and the federal judicial selection process as they relate to LGBT litigation. At the state level, panelists will discuss the recent extremist trend toward “voter questionnaires” for judges running for office. At the federal level, experts on the panel will discuss how appointed judges voted in crucial LGBT decisions, and how individuals and nonprofits can affect the congressional politics that will determine the future composition of the courts, and, potentially, the outcome of future LGBT litigation. The panel will also discuss tools in the courtroom for attorneys seeking to ensure unbiased treatment of their LGBT clients by judicial officers and opposing counsel.
Speakers: Hilary Meyer , Doug Lakey, Marybeth Herald , Tara Borelli