Attorney General Martha Coakley, chief lawyer and law enforcement officer of the Commonwealth of Massachusetts.

On July 08, 2009 the Commonwealth of Massachusetts sued the United States Government for infringing on the sovereignty of the Commonwealth with the Defense of Marriage Act (DOMA) because marriage is “an exclusive prerogative of the states.” (previous story)

Massachusetts fought back by suing the United States Government for not recognizing legally married same-sex couples in Massachusetts.

“In enacting DOMA, Congress overstepped its authority, undermined states’ efforts to recognize marriages between same-sex couples, and codified an animus towards gay and lesbian people.” - Massachusetts Attorney General Martha Coakley

Massachusetts Attorney General Martha Coakley continued:

“The federal Defense of Marriage Act interferes with the right of Massachusetts to define and regulate marriage as it sees fit. The 1996 law denies federal recognition of gay marriage and gives states the right to refuse to recognize same-sex marriages performed in other states.”

The lawsuit, filed in federal court in Boston, argues the act “constitutes an overreaching and discriminatory federal law. ”

Obama Administration Defends the rights of the federal government to deny gay marriage

Yesterday, the Obama administration defended its right to define marriage as a heterosexual union before a federal judge considering the constitutionality of the Defense Of Marriage Act (DOMA), the AP reported.

The Massachusetts Office of Attorney General has no intention of backing down.  Massachusetts is challenging the section of the law that denies married gay and lesbian couples federal benefits such as income tax credits, employment and retirement benefits, health insurance coverage and Social Security payments.

Massachusetts Attorney General Representing over 15,000 Gay Couples; Massachusetts Attorney’s  General Office Slams the Obama Administration

Representing the nearly 16,000 gay couples who have married in Massachusetts since gay marriage became legal in 2004, Assistant Attorney General Maura Healey argued that the right to define marriage has always been the sovereign jurisdiction of held by the states.

“Never before has the federal government told a married couple that they are married under state law but not under federal law,” Healey said, adding that states “have always had exclusive control over defining and regulating marriage.”

DOMA also allows states to ignore legal gay marriages performed in other states, but the attorney general is not challenging this section of the law. A win then would only affect states that have legalized such unions.

Christopher Hall, a U.S. Justice Department lawyer, argued the federal government has the right to define marriage and set eligibility requirements for federal benefits.

Massachusetts Assistant Attorney General Healey also argued that DOMA “forces Massachusetts to discriminate against its own citizens” because it interferes with the state’s authority to regulate marriage.

Hall disagreed, saying the law doesn’t forbid states from legalizing gay marriage.

In a brief submitted to the court, the Massachusetts Office of Attorney General also states that the law “codified an animus towards gay and lesbian people.”

First Time a State Has Sued the U.S. Government over Gay Marriage Rights; Activists believe all hope of striking down the Defense of Marriage Act is in the hands of Massachusetts

The Commonwealth of Massachusetts suing the United States Government is the first time an actual state has sued the federal government over same-sex marriage.

According to The National Law Journal, and the National Legal Scholars Council, all hope of striking down the federal Defense of Marriage Act (DOMA) passed in 1996 which prevents the federal government from recognizing marriages performed within states resides with the Commonwealth of Massachusetts.

“If you’re looking to effect legal change, you’re looking for plaintiffs who have been harmed, a lawsuit reasonably well-funded, and the legal expertise to take it up [to] the appellate process,” said Arthur Leonard of New York Law School, an expert on gay and lesbian legal issues. Of the four current lawsuits against DOMA, the suit filed in July 2009 by Massachusetts Attorney General Martha Coakley, is well-focused, well-financed, highly lawyered, and an infringement on the sovereignty of the Commonwealth of Massachusetts. If you listen to the Massachusetts Attorney General Press Conference, you will become convinced as well.”

Commonwealth Vs. United States Government is likely to reach the U.S. Supreme Court.

2009 Press Conference:  Commonwealth of Massachusetts Sues the U.S. Government over DOMA (part 1 of 2)

2009 Press Conference:  Commonwealth of Massachusetts Sues the U.S. Government over DOMA (part 2 of 2)

Contrary to popular belief among not only the LGBTI community, but all Americans, the memorandum does not carry to weight of law. The memorandum to the U.S. Department of Health and Human Services may only ‘attempt’ to enforce the memorandum with hospitals receiving federal funds.

President Obama’s memorandum directs the U.S. Secretary of Health and Human Services to “ensure” that hospitals which participate in Medicare and Medicaid “respect the rights of patients to designate visitors” and allow those visitors the same privileges as immediate family members.

The memorandum was not an executive order, and Kentucky Governor Steve Beshear, or the governor of any other state could have issued a similar memorandum or executive order for hospitals receiving state funds, or that participate in Medicare and Medicaid.

Richard Socarides, who advised President Bill Clinton on gay rights issues, said that while the memorandum on its own did not grant any new rights, it did “draw attention to the very real and tragic situations many gays and lesbians face when a partner is hospitalized.”

Memorandums and Executive Orders Can be rescinded by other Administrations

If Kentucky’s gay and lesbian community understand anything, it is that memorandums and executive orders can be rescinded when a new administration is elected. Kentucky Governor Paul Patton signed an executive order protecting LGBTI people in Kentucky Government. The executive order was rescinded by Governor Ernie Fletcher, and reissued by current Governor Steve Beshear. (previous story)

Virginia has recently followed in Kentucky’s footsteps.  In February, Virginia’s new Republican Governor rolled back protections for gay and lesbian people that a Democratic Governor ordered. (previous story)

Gay leaders offered only a lukewarm response to the president’s memorandum who has lived up to virtually none of his campaign promises to the gay and lesbian community:

• Obama’s Broken Campaign Promises
• U.S. Supreme Court rejects challenge to ‘don’t ask, don’t tell’ as Obama administration requested
• Andrew Sullivan summarizes the Obama Administration

In May 2009, U.S. Secretary of State Hillary Rodham Clinton extended equal benefits for gay and lesbian American diplomats. “Historically, domestic partners of Foreign Service members have not been provided the same training, benefits, allowances and protections that other family members receive,” the U.S. State Department announced. “These inequities are unfair and must end.”

Leaders of the House Democratic and Senate Republican majorities have met and exchanged proposals this week.

The Kentucky Senate however dealt a fatal blow Wednesday night to a bill strongly backed by the  Governor and the  First Lady that would increase Kentucky’s high school dropout age from 16 to 18.

Senate Republican leaders sent the measure, House Bill 301, back to the Senate budget committee, a move that effectively kills it for this year’s legislative session. 

First Lady Jane Beshear’s  Communications Office had no immediate comment.

Mr. Speaker and Mr. President: “Can you Spare some ‘change’ from your 3.5 billion in road projects to save lives?”

Currently, the new budget has no funding for the Kentucky AIDS Drug Assistance Program, but an effort led by Kentucky Equality Federation effectively killed House Bill 350, a bill that would have dismantled the education and prevention efforts performed by the Kentucky HIV/AIDS Branch, a unit of the Cabinet for Health and Family Services.

In addition, House Bill 350 would have removed the requirement that podiatrists, physicians, acupuncturists, physician’s assistants, athletic trainers, chiropractors, dentists, dental hygienists, registered nurses, advanced registered nurse practitioners, licensed practical nurses, pharmacists, optometrists, physical therapists, laboratory personnel, and social workers complete HIV/AIDS education and training as a condition of being licensed to practice in the Commonwealth.

At the last moment however, House Bill 350 was attached to Senate Bill 127. “This is an underhanded technique used at the end of sessions to move pieces of legislation that haven’t moved before by hiding them in other places,” stated Kentucky Equality Federation President Jordan Palmer.

By attaching a Senate Bill to a House Bill, the Kentucky House of Representatives had to concur, they did not, effectively killing amendments and attachments to Senate Bill 127.

Lawmakers have ignored pleas from a coalition led by Kentucky Equality Federation to restore the Kentucky HIV/AIDS Drug Assistance Program, which is the only way people with HIV/AIDS without medical insurance can receive the medication that saves their lives.  The coalition was outraged that the Kentucky Senate wanted nearly 3.5 billion in new road projects, but couldn’t allocate any funds to save people’s lives.

Coalition members included the Kentucky HIV/AIDS Advocacy Action Group, AVOL, Kentucky HIV/AIDS Planning and Advisory Council, COLAGE (Children Of Lesbians And Gays Everywhere), Northern Kentucky Chapter, United We Stand – Kentucky’s LGBTI News®, The Wings Clinic, House of Ruth, Moveable Feast, GLSO, University of Kentucky OUTsource, and the University of Kentucky Gay-Straight Alliance. (press release)

House Speaker Greg Stumbo (D-Prestonsburg), said in a statement that House Democrats offered the Senate a proposal that “accomplishes the goals of being fiscally responsible and creating jobs and opportunity across the Commonwealth.”

And the midnight Thursday deadline is firm. The Kentucky Constitution requires that during 60-day sessions in even-numbered years the session must end no later than midnight April 15.

Two years ago a frantic House and Senate unplugged the clocks in their chambers and continued working for another hour. But a lawsuit stemming from that episode produced a Franklin Circuit Court ruling that said any action taken by the General Assembly after midnight on April 15th is invalid.

Yesterday, House Speaker Greg Stumbo entered into closed-door talks with Senate President David Williams (R-Burkesville), a day that started with President Williams pronouncing a budget deal all but dead.

The Democratic controlled House of Representatives would not include any new road construction projects, a deal breaker with the Republican controlled Senate. House Democrats an additional $1 billion in school, water, sewer, and other projects, but Senate Republicans refused.

House Democrats also refused the Senate’s proposed cuts for schools and to the Medicaid program.

Since lawmakers waited until the last minute to pass a budget, Governor Beshear could veto all or part of it, and lawmakers would be unable to try to override it since the session must end at midnight tonight.

Last September, the court rejected Lambda Legal’s lawsuit filed against Jackson Memorial Hospital on behalf of Janice Langbehn, ruling that no law required the hospital to allow her and their three children to see her partner, Lisa Pond.

Langbehn and the children were kept apart from Pond by hospital staff for eight hours as Pond slipped into a coma and died.

Today, Lambda Legal, its coalition partners, and officials from Jackson Health System (JHS) released a statement announcing the hospital’s improved policies that are more responsive to the needs of the LGBT community. Lamba Legal noted that the new policies still do not provide as much protection as may be needed in critical situations.

This is the same sort of problem Kentucky Equality Federation and Louisville’s Fairness Campaign have been trying to prevent in Kentucky.

This year the Hospital Visitation Bill passed the Kentucky House of Representatives, but Kentucky Senate President David L. Williams declined an appeal from Kentucky Equality Federation to pass the legislation in the Kentucky Senate.

In his letter to Senate President David L. Williams, Palmer stated:

Mr. President, this bill is important to the LGBTI community of the Commonwealth. You have a unique opportunity with this bill to show the LGBTI community that Kentucky’s Republican Party does not consider us second-class citizens as it has appeared in the past.

By passing this bill, the LGBTI community may look more favorably on the Republican Party as a political party capable of working with us, and willing to hear our concerns; as it currently stands, the LGBTI community is so dissatisfied with Republican Leadership in both chambers that there is no longer a Log Cabin Republican Chapter in Kentucky.

Mr. President, I personally urge you, and ask you on behalf of our members to pass House Bill 118. I do not think, nor could I imagine this bill would draw criticism from your more conservative constituents; it would however be a large jester of bipartisan government and possibly send a signal to Kentucky’s LGBTI community that the Kentucky Republican Party will at a minimum listen to our concerns.

As perhaps expected, the letter to Senate President David L. Williams fell on deaf ears.

Dean Byrd, Kentucky Equality Federation’s Board Secretary and Treasurer added:

Debates and disagreements are one of the things that makes our Commonwealth and our Union great; unfortunately, the Republican Party of Kentucky has completely alienated the LGBTI community and will continue to do so until they signal that they will at least hear our voice.

Perhaps that was the very reason for the appeal, to have it rejected, further exposing the Kentucky Republican Party’s bias to gay and lesbian people♦.

Republicans are barely hanging on to the Kentucky Senate, with 20 Republicans, 17 Democrats, and 1 Independent.  Democrats have picked up two additional seats since the 2009 Legislative Session.

“For ten years the Kentucky State Senate has been controlled by a Republican Majority. And for ten years progress in this state has been blocked by this body,” stated Young Democrats of America Vice President Colmon Elridge. “Lead by Senate President David Williams – the ‘Bully from Burkesville’ and U.S. Senator Mitch McConnell protege – the Kentucky State Senate has denied Democratic proposals that would create jobs, protect education and assist Kentucky families in these difficult economic times.”

♦ This is an opinion of the Kentucky Political News Editor and other contributors.

Governor Beshear kept a campaign promise to Kentucky’s gay and lesbian community by issuing an executive order adding equal opportunity employment to all employees and prospective employees.

Under the 2008 executive order, no one can be hired or fired based on race, age, religion, sexual orientation or gender identity, ancestry, age, disability, or veteran status in Kentucky government positions. (previous story)

However, Kentucky still has no statewide law prohibiting private employers from discriminating against people based on sexual orientation or gender identity.

The Kentucky House and Senate remain at odds over the budget, which still has no funding set-aside for the Kentucky AIDS Drugs Assistance Program (KADAP), leaving thousands of Kentuckians without government resources.  (previous story)

Governor’s in more than 30 states around the nation have received letters from an anti-government group ordering them to resign.

Governor Beshear’s security has been increased, as well as security around the Executive Mansion and the Capitol.

Governor Beshear’s office declined to comment. Kentucky is one of the few states without a separate security force to protect the First Family.  In Kentucky, the First Family, Lt. Governor, Representatives, Senators, and the Capitol Complex is protected by a detachment from the Kentucky State Police.

CONGRESSIONAL AUTHORITY IN QUESTION

All of this appears to have come after a heated healthcare protest at the Kentucky Capitol on Thursday.

The healthcare protest was focused in part against Kentucky Attorney General Jack Conway, who has refused to join a lawsuit filed by 13 other states to stop Congress from enacting healthcare across the United States.

It remains to be seen if Congress has the authority to enact such legislation, which Kentucky’s Congressional Delegation has also questioned. Over the past 20 years, the U.S. Supreme Court has stuck down legislation passed by Congress, and restricted the authority of the U.S. Congress for violating the sovereignty of the states, or interfering in purely state matters.

“The healthcare reform legislation passed by the U.S. House of Representatives clearly violates the U.S. Constitution and infringes on each state’s sovereignty,” Florida Attorney General Bill McCollum said in a prepared statement. “On behalf of the State of Florida and of the Attorneys General from South Carolina, Nebraska, Texas, Utah, Pennsylvania, Washington, North Dakota, South Dakota and Alabama if the President signs this bill into law, we will file a lawsuit to protect the rights and the interests of American citizens.”

As of right now the issue is tabled indefinitely, but the discussion over the committee’s decision isn’t.

“Even groups who are not affected by domestic partnership benefits, what they like to work in a workplace where there is equal treatment for all and fair treatment for all,” says Western Kentucky University Associate History Professor, Dr. Patricia Minter. Also an “employee benefits” committee member, Dr. Minter doesn’t think that’s happening.

The issue was first brought up last year after resolutions were passed by the Student Government Association and University Senate.

“A lot of students I talked to especially people that have been reaching out to me about this issue have been really interested in seeing domestic partnership benefits happen,” says Student Government Association President, Kevin Smiley.

So, Western Kentucky University Associate History Professor, Dr. Patricia Minter says when the committee recommended the university not take that step, it set them back, considering nearly 50% of all universities are on board. Especially when competing for hiring the best staff against schools like University of Kentucky and University of Louisville, who already have “domestic partner ” benefit packages themselves.

“You wouldn’t take a job if you knew your partner wouldn’t be able to have benefits,” says Dr. Minter.

“Its a definite competitive issue about whether you can attract the best faculty,” adds Smiley.

Minter and Smiley both say the measure goes a long way to leveling the playing field for not only heterosexual couples but also gay and lesbian employees on campus.

Both also believe the issue will see the light of day again soon.

“I think its gonna happen. Its just a matter of getting all the people in the right place at the right time to make it happen,” notes Smiley.

Tony Glisson of WKU’s Human Resources says some of the reason for voting down the recommendation had to do with extra cost concerns. Also, the fact that such a small number of employees would actually be participating kept the recommendation from being approved.

However, even if Western Kentucky University’s Employee Benefit Committee approved the measure to extend domestic-partner benefits, it would still be subject to final approval from the Board of Regents (the Board members are appointed by the Governor).

Western Kentucky University (WKU) is a public university in Bowling Green. It was formally founded by the Commonwealth of Kentucky in 1906, though its roots reach back a quarter-century earlier. The university currently has nearly 20,000 students.

Copyright 2010 Gray Television, Inc., Reported by: Reporter: Ryan Dearbone
Copyright 2010 United We Stand Media, LLC., Reported by: Tony Begley

House Bill 350 would end the requirement that physicians, nurses, surgeons, etc. receive HIV/AIDS training and education as a condition to maintaining a license to practice in Kentucky.

Kentucky Equality Federation is the only statewide LGBTI advocacy organization to issue action alerts and condemnations of legislation impacting those living with HIV/AIDS.  This is usually a routine practice for statewide organizations such as Equality California, Equality Massachusetts, Georgia Equality and Equality Florida among others.

With Kentucky’s economy in ruins, additional human services are expected to be cut by lawmakers before the end of the 2010 legislative session.  Kentucky allowed its AIDS Drug Assistance Program to expire in 2007 according to the Herald-Leader leaving thousands of Kentuckians that are HIV positive without a means to pay for the expensive treatment medications.

Today, advances in medication can place an HIV patient in an “undetectable” state, meaning the patient’s viral load is so low, it is virtually undetectable.  However, these life saving medications can cost thousands of dollars.

In a harsh statement, Kentucky Equality Federation and the Kentucky HIV/AIDS Advocacy Action Group condemned House Bill 350 as “ethically irresponsible and a crime against anyone living with HIV/AIDS.” (source)

* Should House Bill 350 pass, the unasked question is what’s next?  An end to continuous training and education requirements to identity cancer, infectious mononucleosis, athlete’s foot, tumors, or even H1N1?

The press release is below:

Lexington, KY – Two statewide advocacy groups, Kentucky Equality Federation and the Kentucky HIV/AIDS Advocacy Action Group today condemned House Bill 350 as ethically irresponsible and a crime against anyone living with HIV/AIDS.

House Bill 350 seeks to remove HIV/AIDS training and education requirements for licensed service providers such as physicians, registered nurses, social workers, etc. Both organizations are opposed to the legislation because treatment options change rapidly, making it imperative that all health care professionals know the physical manifestations of HIV/AIDS. It is a matter of getting people in the proper care as soon as possible. This could be the difference in a healthy outcome or multiple misdiagnoses that would end up costing more financially either for the patient themselves or for the taxpayers of Kentucky.

“Treatment options change rapidly, therefore physicians or other clinicians that do not treat HIV/AIDS as a specialty would be hard pressed to know the best treatment options for their patients infected with this disease,” stated Bobby Edelen, president of the Kentucky HIV/AIDS Advocacy Action Group.

To compound the issue, Kentucky lawmakers allowed the Kentucky AIDS Drug Assistance Program to expire. “The fact that the Commonwealth also stopped funding the low-income Kentucky AIDS Drug Assistance Program in 2007 is inhumane, shortsighted, and threatens individual and public health,” stated Kentucky Equality Federation President Jordan Palmer.

Gary L. Fowler, a special adviser to the Kentucky HIV/AIDS Advocacy Action Group, and Co-Chair of the Kentucky HIV Prevention Advisory Council (KHPAC) stated: “I would like to point out that surveillance training is necessary for us to have the best information available to stop the spread of HIV/AIDS. Kentucky has a high number of people infected with the disease that report unknown risk factors. If we do not have accurate numbers for who is being infected and what their behavioral risk factors are, we do not have a clear picture of where we need to target our prevention dollars.”

Edelen continued: “House Bill 350 does a disservice to the citizens of the Commonwealth of Kentucky by lowering healthcare standards for service providers and should be defeated. The citizens of this great Commonwealth deserve the best representation from their lawmakers to ensure the quality of healthcare is held to a higher standard than ‘minimum’ and enforced with every protection under the law.”

* Notice: This article contains a question and/or opinion of the contributor or journalist.

Since the termination of the Kentucky AIDS Assistance Program (action alert), people living with HIV/AIDS are in need of assistance today more than ever.

After eight years of the Bush Administration, who didn’t want condoms available at high schools, and wanted sex education curtailed, HIV cases are on the rise again across the United States.

Perhaps that is the biggest mistake we have made; depending on the government to teach our children about HIV/AIDS, or we have gotten so accustom to hearing about it, we no longer believe it is a problem.

• Kentucky has even gone so far as to declare a health crisis for the Black Community. (source)
• Every 9 minutes and 30 seconds someone is infected with HIV in the United States.
• According to the CDC, more than one-fourth (28%) of all AIDS cases among men in the United States occurred through injection drug use and heterosexual sexual contact.
• In the 42 U.S. states with confidential name-based HIV infection reporting, women (adults and adolescents) were 30% of new HIV infections.

HIV/AIDS is special to the GLBT community…… during the initial outbreak our community was the one hit hardest by it.  HIV/AIDS was once called “The Gay Cancer.”   To remember how far we have come with people thinking homosexuality is a disease, Lexington Fairness has a fascinating article called “Treating Gay.”  You will have to scroll down the page to find it, but it’s a great article.

World Aids Day – Contribute to AVOL

With December 1st being World Aids Day, I can think of no better way to contribute to the Worldwide event than to make a donate to AVOL, or attend their Red Ribbon Ball on December 5th at The Red Mile in Lexington.

AVOL (AIDS Volunteers, Inc.) is a 501(c)3 non-profit organization that provides services to those living with and affected by HIV/AIDS, as well as HIV prevention education & outreach to 72 counties in central, eastern, and southeastern Kentucky.

AVOL’s Assistance

Click here!

AVOL’s Direct Client Services Program provides assistance to HIV people in central, eastern, and southeastern Kentucky.  AVOL assistance kicks in when government and other community resources have been exhausted.

AVOL’s assistance includes basic things needed for human survival such as Rent, Utilities, Food, Volunteer help, Transportation, Prescription Co-pays, Personal and Household Items, and Substance Abuse Referrals.

AVOL also assists clients with emergency, transitional, and permanent housing solutions:

1. Rainbow Apartments are transitional housing units for those who are HIV positive and homeless or imminently homeless. The complex also includes a short-term unit for those traveling to Lexington for medical care who are in need of overnight lodging. Rainbow Apartments’ primary purpose is to help individuals stabilize their situation and transition back out into the community and into permanent housing.
2. Solomon House is a seven bedroom community residence providing assisted living for persons with AIDS. This program seeks to provide a home-like atmosphere and caring environment for each of the residents while meeting the individual daily living needs of each person. There is a nursing assistant on staff at all times, and a full-time house manager for case management oversees the program on site. Volunteers are available to provide transportation and companionship to the residents.

Information Sites:

• United Nations – World Health Organization
• United Nations AIDS (UNAIDS)
• Commonwealth of Kentucky – Cabinet for Health and Human Services – Department for Public Health – AIDS Branch
• Kentucky Special Report: Blacks in Kentucky, a Health Crisis
  

Titled The Affordable Health Care for America Act, it extends Medicaid to subsidize moderate-income people who otherwise could not afford quality health insurance. Also tucked inside the bill is U.S. Representative Jim McDermott’s Tax Equity for Health Plan Beneficiaries Act of 2009 introduced in May.

The bill alters the tax status of health benefits granted to the spouses of gay employees (for states that have gay marriage, civil unions, or domestic partnerships). Under the bill, such benefits would no longer be considered taxable income for employees.

A report released in 2007 by M. V. Lee Badgett, research director at the Williams Institute, found that gay employees with partners pay, on average, $1,069 per year more in taxes than would a married employee with the same coverage.

“Collectively, unmarried couples lose $178 million per year to additional taxes,” the report says. “U.S. employers also pay a total of $57 million per year in additional payroll taxes because of this unequal tax treatment.”

Fifty-nine percent of Fortune 500 companies offer partner benefits, up from 40% in 2003, a 2009 Human Rights Campaign report says.

The legislation now moves to the Senate, where its future remains uncertain.

Kentucky’s Mitch McConnell (R) a senior Senator and the U.S. Senate Minority Leader will like vote against it, or worse still, attempt to stop the bill in the U.S. Senate.