Updates: FL Adoption Ban, Prop 8 & DOMA
The Florida Bar’s board of governors voted unanimously to allow the Bar’s Family Law section to file an amicus brief in support of a Miami-Dade circuit court’s ruling that declared the state’s ban on gay adoptions unconstitutional. While the vote does not constitute the Florida Bar’s formal endorsement of the section’s position and the brief is yet to be written, it is a promising reversal from 2004 and 2005 when the Bar, citing “deep philosophical and emotional divisions among a significant portion of the Bar’s membership,” refused the two similar requests from the Family Law Section.
The National LGBT Bar Association applauds the Florida Bar for putting the welfare of children first and allowing their Family Law Section to help fight the nation’s one of a kind complete ban on gay adoptions. To read the Florida Bar’s statement, as it appeared in the February 15th issue of the Florida Bar News, please visit: Family Law Section to file gay adoption case amicus.
Oral Arguments for California Marriage Case
On March 5th, the California Supreme Court will hear oral arguments in the bid to overturn Proposition 8, the November 2008 voter referendum that banned same-sex marriage in the Golden State and threw into question thousands of marriages that had already been performed in California. The oral arguments will be broadcast live on the California Channel and on the CalChannel website (9:00am PST).
For the latest news on the legal battle to overturn Prop 8 and for information on how to get involved, please visit the National Center for Lesbian Rights’ Overturn Prop 8 blog.
Federal Appellate Judges Question Legality of DOMA
Two federal appellate judges in the 9th Circuit raised doubts about the constitutionality of the 1996 Defense of Marriage Act (“DOMA”) via rulings on two separate internal employee grievances. Judges Kozinski and Reinhardt both ordered court administrators to include the spouses of the two plaintiffs (both judicial employees) in their federal benefits plans. Judge Reinhardt went so far as to say that denying the plaintiff’s spouse benefits under DOMA violated the due process clause fo the 5th Amendment, marking the first time a federal appellate judge has ruled DOMA unconstitutional (albeit just in this specific instance). While Kozinski dodged the issue of DOMA, instead construing the Office of Personnel Management statute’s to include spouses even if they are not recognized as such under federal law, but said he was “doubtful” whether the exclusion of same-sex spouses could be classified as furthering a legitimate government interest.
You can read both rulings, in full, here: Kozinski (January 13th) and Reinhardt (February 2, 2009).
Justice Employee Reinstated After Rumor-Based Firing
The Justice Department has rehired an attorney who was removed from her position after a top aide to the attorney general heard a rumor that she was a lesbian. Leslie Hagen worked for the Department of Justice’s Executive Office for U.S. Attorneys until April 2008 when Monica Goodling, the senior counsel to then-Attorney General Alberto Gonzales, ousted Hagen from her job and prevented her from landing other jobs at the Department she was qualified for, all in spite of the DoJ’s rules barring discrimination on the basis of sexual orientation. Although the Department of Justice has yet to issue an apology to Ms. Hagen or offer any form of reimbursement for the thousands of dollars in attorney fees, Hagen is optimistic that may change under Attorney General Holder.
For more details, please visit: Justice Rehires Attorney Fired Amid Gay Rumor
Deadline to Submit Workshop Proposals for 2009 Conference
The National LGBT Bar Association, through its annual conference, provides a challenging and rewarding learning experience for our attendees and presenters. To cater to our highly diverse demographic of practitioners, legal scholars, members of the judiciary and law students, the latter of whom make up half of the conference attendees, both introductory and advanced content will be presented.
This year’s conference will feature fifteen workshops on cutting edge legal issues affecting LGBT individuals, families and the community. Topics covered in recent years have included: constitutional law, family law, estate planning and taxation, employment discrimination, HIV/AIDS, immigration, workplace diversity, domestic violence , law enforcement, and LGBT issues in the military.
The LGBT Bar is deeply committed to providing workshops that include diverse perspectives on each panel. Workshop proposal submissions that include a combination of practitioners, legal scholars, and members of the judiciary will be given heightened consideration.
The deadline for submissions is March 6, 2009.
Submit a 2009 Continuing Legal Education Workshop Proposal
Annual Career Fair and Conference Hotel Rate
The 2009 Annual Career Fair and Conference will be held at the New York Marriott at the Brooklyn Bridge. Attendees of the conference can take advantage of the special discounted rate ($244/night) by making a reservation online or over the telephone. The discounted hotel block is expected to sell out quickly to be sure to reserve your room as soon as possible. For instructions, please visit: Annual Career Fair and Conference Hotel Information
Online CLE Courses
Each session at the 2008 Annual Career Fair and Conference was recorded and is now available online at LGBTbar.org. All videos may be watched free of charge. These online courses have been accredited in 29 states. To apply for continuing legal education (CLE) credit ($175/course), please follow these simple steps:
Go to the LGBT Bar's Online CLE Courses page and click on the course for which you wish to receive CLE credit.
At the bottom of the page, you will see a list of states which have accredited that particular online course.
View the video and write down the unique verification codes as they appear on the screen. You will need to have Quicktime installed on your computer.
When you have finished viewing the video, fill out the Online CLE Credit Application form for your state. You will need to enter the verification codes from the video.
You will receive an email receipt of your purchase. Once the codes have been verified, LGBT Bar staff will email you a separate certificate of completion for the course you selected. Please allow up to 2-3 business days for the certificate.
If you have any questions about the LGBT Bar’s Online CLE Courses, please do not hesitate to contact us.
Employment Opportunities
Regional Events
Harvard Lambda Legal Advocacy (HaLLA) Conference
February 27-28, 2009
Harvard Law School, 1563 Massachusetts Avenue, Cambridge, MA
The fourth annual Harvard Lambda Legal Advocacy (HaLLA) Conference will examine LGBT health disparities and the law. The panelists - leading academics, activists, advocates, community members, and health practitioners from around the country - will speak on topics including health in prisons, reproductive technology, access to and delivery of care, HIV/AIDS, disabilities, mental health, and intersectionality as applied to the Queer Health Gap. Registration is free and all are welcome. For more information, please visit: Harvard Lambda Legal Advocacy (HaLLA) Conference: LGBT Health Disparities and the Law
Lawyering for Social Justice: Exploring the Roles of Immigration and G.L.B.T. Cause Lawyers
Friday, March 13, 2009 8:30am
Bowen School of Law, 1201 McMath Avenue, Little Rock, AR 72202
The topic for the 2009 Ben J. Altheimer Symposium will be "Lawyering for Social Justice: Exploring the Roles of Immigration and GLBT Cause Lawyers." This year’s symposium will focus on “cause lawyering.” Cause lawyering is defined as “any activity that seeks to use law-related means or seeks to change law or regulations to achieve greater social justice—both for a particular individual and for disadvantaged groups.” The symposium will explore current issues affecting immigrants and the gay, lesbian, bisexual, and transgender community. Specifically, the symposium will provide a survey of current law and, for lawyers and scholars working to advance these causes, offer practical guidance and perspectives on possible issues that may hinder progress in these areas.
The Global Arc of Justice: Sexual Orientation Law Around the World
March 11-14, 2009
Ramada Plaza Suites Hotel, 8585 Santa Monica Blvd, West Hollywood, CA
The Global Arc of Justice Conference will be a four-day international conference focused on advances in LGBT rights around the globe. Convened by the Williams Institute, a research center on sexual orientation and gender identity law and policy at UCLA Law; the International Lesbian and Gay Law Association (ILGLaw); and the City of West Hollywood; the conference will be held on the UCLA campus in Los Angeles and in West Hollywood, California. Topics covered at the Global Arc of Justice Conference will include international efforts to advance legal recognition for same sex couples; the repeal of sodomy laws in former British Colonies; efforts by national governments to end homophobia and advance LGBT equality; implementation of the Yogyakarta Principles in litigation strategies and legal scholarship; and advancement of the rights of transgender people. Conference activities will include strategy working groups, paper presentations, plenary sessions, and various networking opportunities and celebrations. For more information, please visit: Global Arc of Justice: Sexual Orientation Law Around the World
George Washington University GLBT and 1L Networking Reception
March 25, 2009 7:00pm
George Washington University Elliott School, City View Room, 1957 E St NW
The George Washington University Law School (GW) and the GW Chapter of Lambda Law are proud to announce their Third Annual Joint GLBT and 1L Networking Reception. This year, GW is extending an invitation to area law schools’ GLBT students and affiliates to participate as well as to GLBT and allied attorneys. For more information about attending the reception or becoming a sponsor, please contact Kevin Motsinger at (202) 994-7340.
Defending the Human Rights of LGBT and HIV-Positive Immigrants
March 26-27, 209
Northwestern University Law School, 375 East Chicago Avenue, Chicago, IL
The Heartland Alliance’s National Immigrant Justice Center (NIJC) and their LGBT project, the National Asylum Partnership on Sexual Minorities (NAPSM), are pleased to invite you to participate in Defending the Human Rights of LGBT and HIV-Positive Immigrants. Leading advocates for LGBT and HIV-positive (LGBT/H) immigrants will facilitate discussions of the issues and address obstacles facing LGBT/H immigrants. Participants will share, refine, and create solutions to address these issues – including policy reform, impact litigation, best practices for lawyers, and community outreach. Workshops will give participants the tools to contribute to systemic reform, to secure their clients’ rights, and to reach and mobilize vulnerable LGBT/H populations. For more information about registration and financial assistance to attend the conference, please contact Eric Berndt at (312) 660-1364