Fairness Campaign Newsletter April 2010
Content
April 2010
Unprecedented Victories in the 2010 Kentucky Legislature! PLAN TO ATTEND
★ Mr./Ms. Sienna 2010 Pageant – April 9, 10 p.m., Starbase Q, 921 West Main St. ★ The Laramie Project – April 14, 8 p.m., opening night with post show talk back hosted by Fairness, $12 general admission, The Playhouse at UofL, 1911 South 3rd Street, 852-6814. ★ 5 Singer/Songwriters for Fairness – Ashley Burchett + Mindy Tolle + Nick Payne + Jenn Stout & Anna Vogelzang, April 15, 8-11 p.m., $5 suggested contribution, Derby City Expresso, 331 East Market St., 442-0523. ★ Dance Tax Day Away! – April 15, 11 p.m.- 2 a.m., to benefit Fairness with DJs Sk8 Ninja & Lady J, $5 suggested contribution, Derby City Expresso, 331 East Market St., 442-0523. ★ Elizabethtown Community College Drag Night – April 16, 8 p.m., Science Auditorium, 600 College Street Road, Elizabethtown, KY. ★ PFLAG Bruce and Margaret Lincoln Scholarship Banquet – April 18, 5 p.m., First Lutheran Church, 417 East Broadway, $10 suggested donation.
No Anti-Fairness Legislation Filed For the first time in recent memory, neither the Kentucky State Senate nor the House filed a single piece of legislation targeting the rights of lesbian, gay, bisexual and transgender Kentuckians. Building on the incredible grassroots momentum stirred last year by Senator Gary Tapp’s anti-adoption bill, the Fairness Campaign and its Statewide Fairness Coalition partners ACLU-KY, the Kentucky Commission on Human Rights, Kentucky Fairness Alliance and Lexington Fairness tackled the 2010 legislative session with a strong, unified energy. Together, through bi-weekly legislative strategy calls and constant communication among our allied organizations, we were able to focus all our efforts on an aggressive offense strategy that led to the many victories we enjoyed this session. Record Number of Co-sponsors on Statewide Fairness After hitting a plateau the past several years in terms of the number of legislators co-sponsoring statewide anti-discrimination Fairness laws, the Statewide Fairness Coalition secured the first non-Louisville, non-Lexington co-signer on Rep. Mary Lou Marzian’s statewide Fairness House Bill 117. The addition of Covington Rep. Arnold Simpson on the bill brought the total Rep. Jim Wayne, Rep. Tom Burch, Sen. Kathy Stein number of co-signers to a record 10% of the and Rep. Mary Lou Marzian speak at Statewide full Kentucky House of Representatives. Fairness Coalition lobby day & rally at the Capitol. This achievement, coupled with a matched record of co-sponsors on Sen. Kathy Stein’s statewide Fairness Senate Bill 138 sets the stage for continued co-sponsor growth and the very real possibility of a committee hearing on statewide Fairness as early as next year. Dual Parent Adoption Bill Heard in Committee Following last year’s failed antiadoption measure, the legislature this session Fairness supporters rally in the Capitol rotunda. witnessed an incredibly positive hearing of Rep. Tom Burch’s Dual Parent Adoption House Bill 195, which would allow unmarried partners the ability to become legal parents of the children for whom they care. Family court attorney and gay adoptive father Bryan Gatewood offered expert testimony to the House Health and Welfare Committee on the need for such a law to protect a child’s right to receive many of the benefits legally adopted children enjoy, such as Social Security benefits upon the death of a parent, the right to be covered by both parents’ insurance, the right to receive child support, and many others. Toni Joyce, Executive Director of the National Association of Social Workers, continued on page 5
★ Down & Derby 2010 – May 1, 8 p.m. to 4 a.m., benefiting Louisville AIDS Walk and Wings Clinic, $30, $5 drinks,Louisville Water Tower, 3005 River Road. ★ Dismantling Racism Committee – May 5, (1st Wednesday of every month) 6:30 p.m., at UofL Intersection, UofL's Red Barn Building.
★ Fairness Pride Committee – every other Wednesday, April 28, May 12 & 26, 6:30 p.m., Fairness Office.
2263 Frankfort Avenue Louisville KY 40206 / phone: 502 893-0788 / email: [email protected]
★ Louisville Youth Group – support and social group for LGBTQ youth 14 – 21, weekly meetings. Call 499-4427.
It’s Still Going…
In 1998, a photograph of my thenpartner and myself was displayed in the photography contest at the Kentucky State Fair. In the picture, I am standing in front of my partner smiling, and wearing an “Isle of Lesbos” tank top while she looks over my shoulder. It depicts nothing salacious or shocking. The photograph is just a portrait, and although the State Fair Board accepted it as suitable for families from all over the region to view, within hours of its presentation news of its existence had reached the ears of Bill Smithwick, president of Kentucky Baptist Homes for Children, where I worked at the time. Within a week, I was asked to resign from my position as a Counselor/Family Specialist.
by Alicia Pedreira
Director’s Note: What a Difference a Year Can Make
by Chris Hartman
Following last year’s heated battle to defeat anti-adoption Senate Bill 68 in our state’s legislature, it seems almost incomprehensible to me that I write of the incredible progress the Fairness Campaign has made with its Statewide Fairness Coalition partners during this year’s legislative session. From the Kentucky House’s unanimous passage of the Hospital Visitation Rights Bill, to the incredibly positive informational hearing on the Dual Parent Adoption Bill and the historic absence of anti-Fairness legislation in Frankfort, we have truly witnessed a legislative session like no other for Fairness in the Commonwealth, and we are not done yet! As ACLU-KY Executive Director Michael Aldridge, Kentucky Fairness Alliance lobbyist Wes Wright and I cased the Capitol this year alongside committed volunteers, we increasingly heard support from both Senators and Representatives for our commonsense anti-discrimination Fairness law, which would protect all Kentuckians from discrimination in the workplace, in housing, and in public accommodations on the basis of perceived sexual orientation or gender identity. While many of the elected officials are still hesitant to place their names on the legislation as official cosponsors, they have assured us that when the bills reach the House and Senate floor, we can count on their vote. Now is the time to increase our citizen lobbying efforts in the legislative off-season to seize this unique window of opportunity to pass the statewide Fairness law! Never before has the statewide Fairness law achieved a hearing in either the House or Senate, and it is long overdue for one. If we continue to ramp up our base of allies and supporters across the state, and pressure those representatives in leadership here in Louisville, we may finally see the hearing that brings us leaps closer to securing Kentucky’s legacy as the civil rights leader of the South. If we do not act now and together, however, we risk losing that pioneering distinction our Commonwealth earned in the late 1960s, as we became the first southern state to pass anti-discrimination civil rights and fair housing laws. Let us keep the momentum moving forward, and focus our efforts directly on Frankfort and a Kentucky House Judiciary Committee hearing on statewide Fairness! Please call your representatives in Frankfort today at 502-564-8100 and ask to set a meeting in your home district during the spring or summer to discuss Fairness. A Statewide Fairness Coalition representative will be happy to help you set the meeting and accompany you if you call 502893-0788 or e-mail [email protected]. Legislators will only listen if you tell them to! Now is the time. Make a difference and make the call today!
Today, people often ask me, “So what happened in that case anyway?” They are usually surprised to hear me say, “It’s still going.” In 2000 a lawsuit brought by the ACLU and Americans United for Separation of Church and State was brought on behalf of several taxpayers and myself. The lawsuit, Pedreira v. Kentucky Baptist Homes For Children, asserts that Kentucky Baptist Homes has no right to accept state and federal funding while imposing religious dogma on the children in its programs. In addition to the constitutional challenge, the lawsuit also claimed discrimination by arguing the Homes’ religionbased anti-gay employment policy violates civil rights laws. On August 31, 2009, the 6th U.S. Circuit continued
It’s Still Going…
Court of Appeals dismissed the discrimination claim, but reversed a lower court ruling by finding that Kentucky taxpayers have standing to bring a legal challenge to the state’s decision to fund Ky Baptist Homes for Children (since renamed Sunrise Children’s Services), which indoctrinates children placed under state care with its religious beliefs. Americans United Senior Litigation Counsel Alex J. Luchenitser, who argued the appeal before the court, stated “This decision puts the brakes on the Religious Right’s efforts to keep taxpayers out of court in order to allow unfettered public funding of religious indoctrination. Proselytizing groups should not be able to get away with using government money illegally because they think that no one can sue them.” The case may be returned to district court for trial, however the defendants have announced that they will ask the U.S. Supreme Court to take the case. It is unlikely the U.S. Supreme Court will hear our case, but it is certainly possible; they will likely make their decision in May or June of this year. In the meantime, the defendants also asked the Sixth Circuit Court to put the case on hold until the higher court decides whether or not to hear it. The Sixth Circuit Court has not yet ruled on this request. If the Supreme Court decides not to hear it, our case will go back to the trial court. I would like to thank the legal team representing ‘Pedreira’ for continued support in this decade-long case, as well as the other plaintiffs.
Councilwoman Tina Ward-Pugh, Metro Council – 9th District
The Committee for Fairness and Individual Rights (CFAIR), the political action committee of the Fairness Campaign, proudly announces its endorsements for the May 18, 2010 primary election. CFAIR once again conducted an endorsement process that engaged candidates in wide-ranging discussions of issues important to both the lesbian, gay, bisexual, transgender community and the larger Louisville Metro community. CFAIR endorsement interview teams were each populated with a diverse representation of Fairness supporters. To join a CFAIR interview team for the November general election, please e-mail CFAIRTeam@ gmail.com.
CFAIR Endorsements for May Primaries
Councilman David Tandy – Mayor of Louisville
CFAIR endorses Councilman David Tandy in the Democratic primary for mayor. Councilman Tandy is a longtime friend of the lesbian, gay, bisexual and transgender community, and this is his third endorsement by CFAIR. In his interview, Councilman Tandy set out a broad, vigorous, and enthusiastic vision for Louisville. He spoke of the commonalities across neighborhoods, racial and ethnic backgrounds, and socioeconomic class. In addition to his focus on education, Councilman Tandy spoke of the practical considerations to move Louisville forward.
Councilwoman Tina Ward-Pugh has once again received CFAIR’s endorsement for Louisville Metro Council District 9. Formerly an Alderwoman in the old City of Louisville, Councilwoman Ward-Pugh has long been a fierce advocate of the LGBT community, and was instrumental in the passage of the Fairness Ordinance. Ms. Ward-Pugh has been a leading voice in the establishment of the Affordable Housing Trust Fund, in passing Louisville’s smoke-free legislation and the Green Triangle Initiative on sustainability. Ms. Ward-Pugh also chairs the Government Accountability and Oversight committee of Metro Council with a goal of bringing greater transparency to government functions and finances. When re-elected to the Council, we’ll continue to urge Ms. Ward-Pugh to strengthen her collaborative relationships with labor and support progressive project labor agreements that ensure living wages for union workers.
Councilman Tandy is a former president of the Louisville Metro Council, a longtime attorney, treasurer of the Kentucky Democratic Party, and former staffer to U.S. Senator Wendell Ford. His website lists his broad community involvement: www.electdavidtandy.com. CFAIR endorses Councilman David Tandy in a crowded and impressive field of Democratic primary candidates. Along with Councilman Tandy, several other Democratic candidates sought the CFAIR endorsement. Councilman Tandy was the strong choice of the CFAIR interview team, but we were heartened also to receive solid responses from Tyler Allen, Greg Fischer, Councilman Jim King, and Shannon White. Candidate Connie Marshall also interviewed. Shannon White spoke with particular commitment to the LGBT community. We commend her for that passion and hope she will seek office again in the future. On May 18, voters will only get to choose one candidate in the Democratic primary for Mayor of Louisville. After careful consideration, CFAIR chooses Councilman David Tandy. Certainly, many Fairness supporters are active and committed in other campaigns; our community is well represented in many of those campaigns. We commend this involvement and encourage it to continue. If you are a voter who has not yet decided, CFAIR urges you to vote Councilman David Tandy, Democrat for Mayor. The process: The mayoral interview team was comprised of nine individuals, and was broadly diverse of the Fairness community. All six of the above candidates returned completed questionnaires and had interviews with the team. Each interview was about one hour and covered a wide variety of topics. All team members participated in all of the interviews, and no team members had volunteered, given money, or otherwise committed to any of the mayoral candidates. Over a two-day period, the team spent about 10 hours in interviews and deliberations, and then forwarded its recommendation to the CFAIR Board, which made the final endorsement decision.
William Cohen, Metro Council – 17th District
William Cohen, a small business owner and board member/treasurer of the Worthington Fire Department, exhibited a deep understanding of the intersections of oppression during his interview with the CFAIR team. He related his experience with the African American civil rights movement and work with the A. Philip Randolph Institute as the basis for his personal opposition to LGBT discrimination and prejudice. A resident of the district for more than 30 years, Mr. Cohen not just relayed the issues affecting his community and its residents, but related to them. He cited traffic, zoning, library and public health issues among his chief concerns, and argued the Republican incumbent (a Fairness opponent) had done little on his own to substantively change the community while in office. CFAIR strongly endorses William Cohen, Democrat for Louisville Metro CouncilDistrict 17.
VOTE on Tuesday, May18
More CFAIR endorsements on the next page.
CFAIR Endorsements for May Primaries
Mike Slaton is running against a long time incumbent who has not been supportive of the LGBT community. Mr. Slaton has served as a Fairness intern and paid lobbyist in Frankfort, and is intimately familiar with how Kentucky’s State Legislature works and how to get things done. He comes from a family who stresses public service and has innovative ideas on how to move Kentucky forward. CFAIR is proud to endorse Mike Slaton for Kentucky House of Representatives District 41.
Mike Slaton, Kentucky House of Representatives – 41st District
Students speak out at Statewide Fairness Coalition rally in Frankfort.
Unprecedented Victories in the 2010 Kentucky Legislature!
Mike O’Connell, Jefferson County Attorney
In the race for Jefferson County Attorney, CFAIR endorses incumbent Mike O’Connell, a former board member of the Louisville Metro Human Relations Commission who previously testified in favor of the Fairness Ordinance before the Louisville Metro Council. Mr. O’Connell has been twice appointed judge in District and Circuit Courts, twice elected to District Court, and once elected to Circuit Court. He expressed a deep commitment to the LGBT community, and will seek justice equally for all citizens.
Stephanie Pearce Burke, District Court Judge – Division 14
CFAIR endorses Stephanie Pearce Burke in the primary for District Court Judge Division 14. Ms. Burke has worked tirelessly in her career to defend those individuals who otherwise would not have had their voices heard. Ms. Burke will continue to be a passionate and fair voice from the bench. While this race had several extremely qualified candidates who sought the CFAIR endorsement, we believe Ms. Burke’s dedication and experience make her the best choice for this primary.
reinforced Mr. Gatewood’s testimony with a personal plea for the children who this type of legal disenfranchisement affects, and both then fielded positive questions from legislators. Additional informational hearings were requested to be held during the interim committee meetings of the summer, and we look forward to furthering the progress of this pro-adoption legislation! Please call the legislative message line at 1-800-372-7181 and leave a message thanking these legislators for supporting Fairness legislation in 2010: Sen. Denise Harper Angel, Sen. Gerald Neal, Sen. Tim Shaughnessy, Sen. Kathy Stein, Rep. Tom Burch, Rep. Kelly Flood, Rep. Joni Jenkins, Rep. Mary Lou Marzian, Rep. Reggie Meeks, Rep. Darryl Owens, Rep. Ruth Ann Palumbo, Rep. Arnold Simpson, Rep. Jim Wayne and Rep. Susan Westrom.
continued from page 1
County Judge Executive: Mark Abrams – Republican primary Curt Morrison – Democratic primary
Mark Abrams, in the Republican primary, has been previously endorsed by CFAIR. Mr. Abrams expressed he would represent all citizens of Louisville Metro. Curt Morrison stood out in the Democratic field for County Judge Executive for his vision to use the office as a bully pulpit to advance our community’s issues and build support with allies across the state.
For information about how to register to vote, go to: http://elect.ky.gov/register.htm To locate your polling place, go to: www.lojic.org/apps/voter/index.cfm
Citizen lobbyists participated in a training before meeting with legislators at the Capitol.
10th Annual Fairness/ACLU Dinner a Record-Breaker!
A record-breaking and incredibly diverse crowd of nearly 00 Fairness Campaign and ACLU of Kentucky supporters gathered at the Muhammad Ali Center in March for the 0th annual Fairness/ACLU dinner hosted by Susan Hershberg and the Wiltshire Pantry. Among the attendees were nearly 50 candidates for local, state and federal office, including most all of the Democratic primary candidates for Louisville Metro Mayor. Incredible thanks are owed to Susan Hershberg and theWiltshire Pantry for an innovative, palate-provoking four-course meal. Special thanks goes to our wonderful dinner sponsors without whom the evening could never commence. Heartfelt thanks also goes to the remarkable planning committee who works tirelessly to make this spectacular event a reality. This year's planning team included: Michael Aldridge, Ton Ali, Sam Dorr, Eric Graninger, Chris Hartman, Susan Hershberg, Ed Kruger, Travis Lay, Becky McClellan, Kendell Nash, Elizabeth Painter, Kyle Riggs, Ren Scheuerman, Carla Wallace and Becki Winchel. Fairness and ACLU wish to thank all the attendees, contributors and volunteers for supporting our long-time partnership working for equality and justice for all!
Fairness/ACLU Dinner 2010 Sponsors
Emily Bingham & Stephen Reily Christy & Owsley Brown II Rebecca Brown Tom Burch Ton Ali & Dan Hourigan
Jim Dickinson & Tim Combs Sam Dorr & Charles Raith Greg Fischer Lisa Doyle
Paul & Victoria Diaz
John & Mary Moss Greenebaum Kimberly Greenwell Clark Johnson & Diane Pecknold Travis Lay & Ren Scheuerman Jessica Loving & Sheryl Snyder Tom Wallace Lyons Dr. Ernest Marshall Lisa Osanka Magnolia’s Florist Leap Frog Interactive Ed Kruger & Jeff Rodgers Sandy Gulick Bert Greenwell
Harry Gallagher
Susan Hershberg, Sean Donaldson and Gil Reyes were among the celebrants at the Fairness/ACLU dinner hosted by Wiltshire Pantry.
Eleanor Bingham Miller Darryl Owens
Aaron Satran & Angela Singla Sandy Speer John Selent
Eugenia & Hon. John Potter
Jennifer Starke State Farm Insurance Naomi F. Wallace Jane Welch Carla F. Wallace
Drs. Terry & Morris Weiss Shannon White anonymous
Nearly 300 guests attended the Fairness/ACLU dinner at the Muhammad Ali Center in March.
Nick Wilkerson
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2263 Frankfort Avenue Louisville, KY 40206
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The tide is turning in the Commonwealth thanks to you and your support! The continued development of our strong Statewide Fairness Coalition in partnership with the American Civil Liberties Union of Kentucky, the Kentucky Commission on Human Rights, Kentucky Fairness Alliance and Lexington Fairness is building a growing base of equality supporters in the state. United, we have received the first year of a three-year grant from the Gill Foundation to help support our goal of winning Fairness across the Commonwealth. NOW IS THE TIME to renew your Fairness Campaign membership and help advance our work of equality and justice! By renewing your commitment to the work of the Fairness Campaign today, you bring us one step closer to a hearing on the statewide Fairness law in a House Committee next year—the next step towards passage of the law by 0. We can only achieve our goals with your help, and we ask you to dig deeper than ever before by renewing your investment in the Fairness Campaign with a $0, $7, or $7 contribution to honor this session’s statewide Fairness bill—House Bill 7!
Unprecedented Victories in the 2010 Kentucky Legislature! PLAN TO ATTEND
★ Mr./Ms. Sienna 2010 Pageant – April 9, 10 p.m., Starbase Q, 921 West Main St. ★ The Laramie Project – April 14, 8 p.m., opening night with post show talk back hosted by Fairness, $12 general admission, The Playhouse at UofL, 1911 South 3rd Street, 852-6814. ★ 5 Singer/Songwriters for Fairness – Ashley Burchett + Mindy Tolle + Nick Payne + Jenn Stout & Anna Vogelzang, April 15, 8-11 p.m., $5 suggested contribution, Derby City Expresso, 331 East Market St., 442-0523. ★ Dance Tax Day Away! – April 15, 11 p.m.- 2 a.m., to benefit Fairness with DJs Sk8 Ninja & Lady J, $5 suggested contribution, Derby City Expresso, 331 East Market St., 442-0523. ★ Elizabethtown Community College Drag Night – April 16, 8 p.m., Science Auditorium, 600 College Street Road, Elizabethtown, KY. ★ PFLAG Bruce and Margaret Lincoln Scholarship Banquet – April 18, 5 p.m., First Lutheran Church, 417 East Broadway, $10 suggested donation.
No Anti-Fairness Legislation Filed For the first time in recent memory, neither the Kentucky State Senate nor the House filed a single piece of legislation targeting the rights of lesbian, gay, bisexual and transgender Kentuckians. Building on the incredible grassroots momentum stirred last year by Senator Gary Tapp’s anti-adoption bill, the Fairness Campaign and its Statewide Fairness Coalition partners ACLU-KY, the Kentucky Commission on Human Rights, Kentucky Fairness Alliance and Lexington Fairness tackled the 2010 legislative session with a strong, unified energy. Together, through bi-weekly legislative strategy calls and constant communication among our allied organizations, we were able to focus all our efforts on an aggressive offense strategy that led to the many victories we enjoyed this session. Record Number of Co-sponsors on Statewide Fairness After hitting a plateau the past several years in terms of the number of legislators co-sponsoring statewide anti-discrimination Fairness laws, the Statewide Fairness Coalition secured the first non-Louisville, non-Lexington co-signer on Rep. Mary Lou Marzian’s statewide Fairness House Bill 117. The addition of Covington Rep. Arnold Simpson on the bill brought the total Rep. Jim Wayne, Rep. Tom Burch, Sen. Kathy Stein number of co-signers to a record 10% of the and Rep. Mary Lou Marzian speak at Statewide full Kentucky House of Representatives. Fairness Coalition lobby day & rally at the Capitol. This achievement, coupled with a matched record of co-sponsors on Sen. Kathy Stein’s statewide Fairness Senate Bill 138 sets the stage for continued co-sponsor growth and the very real possibility of a committee hearing on statewide Fairness as early as next year. Dual Parent Adoption Bill Heard in Committee Following last year’s failed antiadoption measure, the legislature this session Fairness supporters rally in the Capitol rotunda. witnessed an incredibly positive hearing of Rep. Tom Burch’s Dual Parent Adoption House Bill 195, which would allow unmarried partners the ability to become legal parents of the children for whom they care. Family court attorney and gay adoptive father Bryan Gatewood offered expert testimony to the House Health and Welfare Committee on the need for such a law to protect a child’s right to receive many of the benefits legally adopted children enjoy, such as Social Security benefits upon the death of a parent, the right to be covered by both parents’ insurance, the right to receive child support, and many others. Toni Joyce, Executive Director of the National Association of Social Workers, continued on page 5
★ Down & Derby 2010 – May 1, 8 p.m. to 4 a.m., benefiting Louisville AIDS Walk and Wings Clinic, $30, $5 drinks,Louisville Water Tower, 3005 River Road. ★ Dismantling Racism Committee – May 5, (1st Wednesday of every month) 6:30 p.m., at UofL Intersection, UofL's Red Barn Building.
★ Fairness Pride Committee – every other Wednesday, April 28, May 12 & 26, 6:30 p.m., Fairness Office.
2263 Frankfort Avenue Louisville KY 40206 / phone: 502 893-0788 / email: [email protected]
★ Louisville Youth Group – support and social group for LGBTQ youth 14 – 21, weekly meetings. Call 499-4427.
It’s Still Going…
In 1998, a photograph of my thenpartner and myself was displayed in the photography contest at the Kentucky State Fair. In the picture, I am standing in front of my partner smiling, and wearing an “Isle of Lesbos” tank top while she looks over my shoulder. It depicts nothing salacious or shocking. The photograph is just a portrait, and although the State Fair Board accepted it as suitable for families from all over the region to view, within hours of its presentation news of its existence had reached the ears of Bill Smithwick, president of Kentucky Baptist Homes for Children, where I worked at the time. Within a week, I was asked to resign from my position as a Counselor/Family Specialist.
by Alicia Pedreira
Director’s Note: What a Difference a Year Can Make
by Chris Hartman
Following last year’s heated battle to defeat anti-adoption Senate Bill 68 in our state’s legislature, it seems almost incomprehensible to me that I write of the incredible progress the Fairness Campaign has made with its Statewide Fairness Coalition partners during this year’s legislative session. From the Kentucky House’s unanimous passage of the Hospital Visitation Rights Bill, to the incredibly positive informational hearing on the Dual Parent Adoption Bill and the historic absence of anti-Fairness legislation in Frankfort, we have truly witnessed a legislative session like no other for Fairness in the Commonwealth, and we are not done yet! As ACLU-KY Executive Director Michael Aldridge, Kentucky Fairness Alliance lobbyist Wes Wright and I cased the Capitol this year alongside committed volunteers, we increasingly heard support from both Senators and Representatives for our commonsense anti-discrimination Fairness law, which would protect all Kentuckians from discrimination in the workplace, in housing, and in public accommodations on the basis of perceived sexual orientation or gender identity. While many of the elected officials are still hesitant to place their names on the legislation as official cosponsors, they have assured us that when the bills reach the House and Senate floor, we can count on their vote. Now is the time to increase our citizen lobbying efforts in the legislative off-season to seize this unique window of opportunity to pass the statewide Fairness law! Never before has the statewide Fairness law achieved a hearing in either the House or Senate, and it is long overdue for one. If we continue to ramp up our base of allies and supporters across the state, and pressure those representatives in leadership here in Louisville, we may finally see the hearing that brings us leaps closer to securing Kentucky’s legacy as the civil rights leader of the South. If we do not act now and together, however, we risk losing that pioneering distinction our Commonwealth earned in the late 1960s, as we became the first southern state to pass anti-discrimination civil rights and fair housing laws. Let us keep the momentum moving forward, and focus our efforts directly on Frankfort and a Kentucky House Judiciary Committee hearing on statewide Fairness! Please call your representatives in Frankfort today at 502-564-8100 and ask to set a meeting in your home district during the spring or summer to discuss Fairness. A Statewide Fairness Coalition representative will be happy to help you set the meeting and accompany you if you call 502893-0788 or e-mail [email protected]. Legislators will only listen if you tell them to! Now is the time. Make a difference and make the call today!
Today, people often ask me, “So what happened in that case anyway?” They are usually surprised to hear me say, “It’s still going.” In 2000 a lawsuit brought by the ACLU and Americans United for Separation of Church and State was brought on behalf of several taxpayers and myself. The lawsuit, Pedreira v. Kentucky Baptist Homes For Children, asserts that Kentucky Baptist Homes has no right to accept state and federal funding while imposing religious dogma on the children in its programs. In addition to the constitutional challenge, the lawsuit also claimed discrimination by arguing the Homes’ religionbased anti-gay employment policy violates civil rights laws. On August 31, 2009, the 6th U.S. Circuit continued
It’s Still Going…
Court of Appeals dismissed the discrimination claim, but reversed a lower court ruling by finding that Kentucky taxpayers have standing to bring a legal challenge to the state’s decision to fund Ky Baptist Homes for Children (since renamed Sunrise Children’s Services), which indoctrinates children placed under state care with its religious beliefs. Americans United Senior Litigation Counsel Alex J. Luchenitser, who argued the appeal before the court, stated “This decision puts the brakes on the Religious Right’s efforts to keep taxpayers out of court in order to allow unfettered public funding of religious indoctrination. Proselytizing groups should not be able to get away with using government money illegally because they think that no one can sue them.” The case may be returned to district court for trial, however the defendants have announced that they will ask the U.S. Supreme Court to take the case. It is unlikely the U.S. Supreme Court will hear our case, but it is certainly possible; they will likely make their decision in May or June of this year. In the meantime, the defendants also asked the Sixth Circuit Court to put the case on hold until the higher court decides whether or not to hear it. The Sixth Circuit Court has not yet ruled on this request. If the Supreme Court decides not to hear it, our case will go back to the trial court. I would like to thank the legal team representing ‘Pedreira’ for continued support in this decade-long case, as well as the other plaintiffs.
Councilwoman Tina Ward-Pugh, Metro Council – 9th District
The Committee for Fairness and Individual Rights (CFAIR), the political action committee of the Fairness Campaign, proudly announces its endorsements for the May 18, 2010 primary election. CFAIR once again conducted an endorsement process that engaged candidates in wide-ranging discussions of issues important to both the lesbian, gay, bisexual, transgender community and the larger Louisville Metro community. CFAIR endorsement interview teams were each populated with a diverse representation of Fairness supporters. To join a CFAIR interview team for the November general election, please e-mail CFAIRTeam@ gmail.com.
CFAIR Endorsements for May Primaries
Councilman David Tandy – Mayor of Louisville
CFAIR endorses Councilman David Tandy in the Democratic primary for mayor. Councilman Tandy is a longtime friend of the lesbian, gay, bisexual and transgender community, and this is his third endorsement by CFAIR. In his interview, Councilman Tandy set out a broad, vigorous, and enthusiastic vision for Louisville. He spoke of the commonalities across neighborhoods, racial and ethnic backgrounds, and socioeconomic class. In addition to his focus on education, Councilman Tandy spoke of the practical considerations to move Louisville forward.
Councilwoman Tina Ward-Pugh has once again received CFAIR’s endorsement for Louisville Metro Council District 9. Formerly an Alderwoman in the old City of Louisville, Councilwoman Ward-Pugh has long been a fierce advocate of the LGBT community, and was instrumental in the passage of the Fairness Ordinance. Ms. Ward-Pugh has been a leading voice in the establishment of the Affordable Housing Trust Fund, in passing Louisville’s smoke-free legislation and the Green Triangle Initiative on sustainability. Ms. Ward-Pugh also chairs the Government Accountability and Oversight committee of Metro Council with a goal of bringing greater transparency to government functions and finances. When re-elected to the Council, we’ll continue to urge Ms. Ward-Pugh to strengthen her collaborative relationships with labor and support progressive project labor agreements that ensure living wages for union workers.
Councilman Tandy is a former president of the Louisville Metro Council, a longtime attorney, treasurer of the Kentucky Democratic Party, and former staffer to U.S. Senator Wendell Ford. His website lists his broad community involvement: www.electdavidtandy.com. CFAIR endorses Councilman David Tandy in a crowded and impressive field of Democratic primary candidates. Along with Councilman Tandy, several other Democratic candidates sought the CFAIR endorsement. Councilman Tandy was the strong choice of the CFAIR interview team, but we were heartened also to receive solid responses from Tyler Allen, Greg Fischer, Councilman Jim King, and Shannon White. Candidate Connie Marshall also interviewed. Shannon White spoke with particular commitment to the LGBT community. We commend her for that passion and hope she will seek office again in the future. On May 18, voters will only get to choose one candidate in the Democratic primary for Mayor of Louisville. After careful consideration, CFAIR chooses Councilman David Tandy. Certainly, many Fairness supporters are active and committed in other campaigns; our community is well represented in many of those campaigns. We commend this involvement and encourage it to continue. If you are a voter who has not yet decided, CFAIR urges you to vote Councilman David Tandy, Democrat for Mayor. The process: The mayoral interview team was comprised of nine individuals, and was broadly diverse of the Fairness community. All six of the above candidates returned completed questionnaires and had interviews with the team. Each interview was about one hour and covered a wide variety of topics. All team members participated in all of the interviews, and no team members had volunteered, given money, or otherwise committed to any of the mayoral candidates. Over a two-day period, the team spent about 10 hours in interviews and deliberations, and then forwarded its recommendation to the CFAIR Board, which made the final endorsement decision.
William Cohen, Metro Council – 17th District
William Cohen, a small business owner and board member/treasurer of the Worthington Fire Department, exhibited a deep understanding of the intersections of oppression during his interview with the CFAIR team. He related his experience with the African American civil rights movement and work with the A. Philip Randolph Institute as the basis for his personal opposition to LGBT discrimination and prejudice. A resident of the district for more than 30 years, Mr. Cohen not just relayed the issues affecting his community and its residents, but related to them. He cited traffic, zoning, library and public health issues among his chief concerns, and argued the Republican incumbent (a Fairness opponent) had done little on his own to substantively change the community while in office. CFAIR strongly endorses William Cohen, Democrat for Louisville Metro CouncilDistrict 17.
VOTE on Tuesday, May18
More CFAIR endorsements on the next page.
CFAIR Endorsements for May Primaries
Mike Slaton is running against a long time incumbent who has not been supportive of the LGBT community. Mr. Slaton has served as a Fairness intern and paid lobbyist in Frankfort, and is intimately familiar with how Kentucky’s State Legislature works and how to get things done. He comes from a family who stresses public service and has innovative ideas on how to move Kentucky forward. CFAIR is proud to endorse Mike Slaton for Kentucky House of Representatives District 41.
Mike Slaton, Kentucky House of Representatives – 41st District
Students speak out at Statewide Fairness Coalition rally in Frankfort.
Unprecedented Victories in the 2010 Kentucky Legislature!
Mike O’Connell, Jefferson County Attorney
In the race for Jefferson County Attorney, CFAIR endorses incumbent Mike O’Connell, a former board member of the Louisville Metro Human Relations Commission who previously testified in favor of the Fairness Ordinance before the Louisville Metro Council. Mr. O’Connell has been twice appointed judge in District and Circuit Courts, twice elected to District Court, and once elected to Circuit Court. He expressed a deep commitment to the LGBT community, and will seek justice equally for all citizens.
Stephanie Pearce Burke, District Court Judge – Division 14
CFAIR endorses Stephanie Pearce Burke in the primary for District Court Judge Division 14. Ms. Burke has worked tirelessly in her career to defend those individuals who otherwise would not have had their voices heard. Ms. Burke will continue to be a passionate and fair voice from the bench. While this race had several extremely qualified candidates who sought the CFAIR endorsement, we believe Ms. Burke’s dedication and experience make her the best choice for this primary.
reinforced Mr. Gatewood’s testimony with a personal plea for the children who this type of legal disenfranchisement affects, and both then fielded positive questions from legislators. Additional informational hearings were requested to be held during the interim committee meetings of the summer, and we look forward to furthering the progress of this pro-adoption legislation! Please call the legislative message line at 1-800-372-7181 and leave a message thanking these legislators for supporting Fairness legislation in 2010: Sen. Denise Harper Angel, Sen. Gerald Neal, Sen. Tim Shaughnessy, Sen. Kathy Stein, Rep. Tom Burch, Rep. Kelly Flood, Rep. Joni Jenkins, Rep. Mary Lou Marzian, Rep. Reggie Meeks, Rep. Darryl Owens, Rep. Ruth Ann Palumbo, Rep. Arnold Simpson, Rep. Jim Wayne and Rep. Susan Westrom.
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County Judge Executive: Mark Abrams – Republican primary Curt Morrison – Democratic primary
Mark Abrams, in the Republican primary, has been previously endorsed by CFAIR. Mr. Abrams expressed he would represent all citizens of Louisville Metro. Curt Morrison stood out in the Democratic field for County Judge Executive for his vision to use the office as a bully pulpit to advance our community’s issues and build support with allies across the state.
For information about how to register to vote, go to: http://elect.ky.gov/register.htm To locate your polling place, go to: www.lojic.org/apps/voter/index.cfm
Citizen lobbyists participated in a training before meeting with legislators at the Capitol.
10th Annual Fairness/ACLU Dinner a Record-Breaker!
A record-breaking and incredibly diverse crowd of nearly 00 Fairness Campaign and ACLU of Kentucky supporters gathered at the Muhammad Ali Center in March for the 0th annual Fairness/ACLU dinner hosted by Susan Hershberg and the Wiltshire Pantry. Among the attendees were nearly 50 candidates for local, state and federal office, including most all of the Democratic primary candidates for Louisville Metro Mayor. Incredible thanks are owed to Susan Hershberg and theWiltshire Pantry for an innovative, palate-provoking four-course meal. Special thanks goes to our wonderful dinner sponsors without whom the evening could never commence. Heartfelt thanks also goes to the remarkable planning committee who works tirelessly to make this spectacular event a reality. This year's planning team included: Michael Aldridge, Ton Ali, Sam Dorr, Eric Graninger, Chris Hartman, Susan Hershberg, Ed Kruger, Travis Lay, Becky McClellan, Kendell Nash, Elizabeth Painter, Kyle Riggs, Ren Scheuerman, Carla Wallace and Becki Winchel. Fairness and ACLU wish to thank all the attendees, contributors and volunteers for supporting our long-time partnership working for equality and justice for all!
Fairness/ACLU Dinner 2010 Sponsors
Emily Bingham & Stephen Reily Christy & Owsley Brown II Rebecca Brown Tom Burch Ton Ali & Dan Hourigan
Jim Dickinson & Tim Combs Sam Dorr & Charles Raith Greg Fischer Lisa Doyle
Paul & Victoria Diaz
John & Mary Moss Greenebaum Kimberly Greenwell Clark Johnson & Diane Pecknold Travis Lay & Ren Scheuerman Jessica Loving & Sheryl Snyder Tom Wallace Lyons Dr. Ernest Marshall Lisa Osanka Magnolia’s Florist Leap Frog Interactive Ed Kruger & Jeff Rodgers Sandy Gulick Bert Greenwell
Harry Gallagher
Susan Hershberg, Sean Donaldson and Gil Reyes were among the celebrants at the Fairness/ACLU dinner hosted by Wiltshire Pantry.
Eleanor Bingham Miller Darryl Owens
Aaron Satran & Angela Singla Sandy Speer John Selent
Eugenia & Hon. John Potter
Jennifer Starke State Farm Insurance Naomi F. Wallace Jane Welch Carla F. Wallace
Drs. Terry & Morris Weiss Shannon White anonymous
Nearly 300 guests attended the Fairness/ACLU dinner at the Muhammad Ali Center in March.
Nick Wilkerson
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The tide is turning in the Commonwealth thanks to you and your support! The continued development of our strong Statewide Fairness Coalition in partnership with the American Civil Liberties Union of Kentucky, the Kentucky Commission on Human Rights, Kentucky Fairness Alliance and Lexington Fairness is building a growing base of equality supporters in the state. United, we have received the first year of a three-year grant from the Gill Foundation to help support our goal of winning Fairness across the Commonwealth. NOW IS THE TIME to renew your Fairness Campaign membership and help advance our work of equality and justice! By renewing your commitment to the work of the Fairness Campaign today, you bring us one step closer to a hearing on the statewide Fairness law in a House Committee next year—the next step towards passage of the law by 0. We can only achieve our goals with your help, and we ask you to dig deeper than ever before by renewing your investment in the Fairness Campaign with a $0, $7, or $7 contribution to honor this session’s statewide Fairness bill—House Bill 7!
