In Brief

Staff Reports

Hawaii's Governor Believes His State's Ban On Same Sex Marriage Is Unconstitutional

HONOLULU, HAWAII -- Hawaii's Governor Neil Abercrombie believes the state ban against same sex marriage is unconstitutional but his Attorney General’s office said will defend it in federal court. The governor signed into law last year a measure which permits same-sex couples to enter into state-sanctioned “civil unions” but Hawaii's constitutional ban of same-sex marriages is still in effect. Under the current statutes, a heterosexual couple in the state may choose to enter into either a marriage or a civil union. A same-sex couple, however, is only permitted to enter into a civil union.

In a news release Wednesday, the Attorney General’s office said it has filed separate court responses for the governor and Health Department director Loretta Fuddy to a lawsuit that challenges the state constitutional ban of same sex marriages.

Governor Abercrombie noted, " My obligation as Governor is to support equality under law. This is inequality, and I will not defend it,” Abercrombie said. Health Department director Fuddy told the local press that it is her job to administer the law now on the books and that is what she must do. “The Department of Health is charged with implementing the law as passed by the Legislature.,” said Fuddy, adding that, “Absent any ruling to the contrary by competent judicial authority regarding constitutionality, the law will be enforced. Because I am being sued for administering the law, I will also defend it.” Fuddy said her legal position was drawn up after consultations with the governor.

According to The Hawaii Reporter:

The lawsuit was filed in November by same sex couple Natasha Jackson and Janin Kleid after they were denied a marriage license by the Health Department. Another plaintiff, Gary Bradley, said that he and his partner were the first couple to enter into a civil union in Hawaii but did not apply for a marriage license as that would have been “futile.” 

Attorney General David Louie said his office will represent both Abercrombie and Fuddy in the lawsuit, despite their divergent positions. Louie said his office “must erect appropriate firewalls” inside the office between the attorneys for the respective parties in the case. 

“In this case, both the Governor and the Director are being represented by separate teams of attorneys general, and appropriate protections have been put in place to ensure that both clients are being vigorously, and separately, represented,” Louie’s office said.

Nebraska Senate Judiciary Committee: LB912, Proposed Law Banning Local LGBTQ Rights Ordinances Not Likely To Advance

LINCOLN, NEBRASKA -- Nebraska Senate Judiciary Committee members heard testimony Wednesday on a bill that its sponsor claims would ensure that businesses not be subjected to piecemeal regulations made by cities or counties. Senate bill LB 912 would prevent the state's counties and cities from enforcing their own anti-discrimination laws according to its sponsor, Republican State Senator Beau McCoy of Omaha who told colleagues "I would like to see uniformity where we the legislature, debates about adding a group of citizens as a protected class."

Should the measure pass, a county, municipality or other political subdivision would not be allowed to enforce a local law or rule that deviates from the state's anti-discrimination policies. Those include protections in the Age Discrimination in Employment Act, the Nebraska Fair Employment Act and the Nebraska Fair Housing Act.

Critics of McCoy's proposed law charge that McCoy is simply trying to prevent Omaha, Lincoln, and some of the state's other large municipalities from passing ordinances that would protect LGBTQ people.

McCoy argued that it was needed to prevent a patchwork quilt of discrimination ordinances across the state.

"Discrimination does not stop at a city or county border," he said. "If adding or removing a protected class is the right thing to do, it is the right thing to do border to border across Nebraska, not just in one city or one municipality."

But Omaha City Councilman Ben Gray said the bill would harm the city and businesses concerned about attracting workers. "I find the timing of this law very suspicious, I also know that if we pass this law, it will cause a negative image for the state, as a state that is unwelcoming. We need to have our best face on," he said. "We need to have a welcoming city, a welcoming state."

The Councilman noted that local control means the city should be able to act even if the state does not. He has been working on a proposed ordinance to ban employment discrimination based on sexual orientation and gender identity. That measure is set to be heard by the city council in a public hearing set for March 6. The proposal would apply to employers, employment agencies and labor organizations in the city and to businesses that sign contracts with the city. Religious organizations, including religious-affiliated colleges or schools, would be exempted.

Testifying against LB 912, Councilman Gray also said "The University of Nebraska Medical center has given data that there is a problem and it does need addressing. Gary stated the Omaha public schools already has protections based on sexual orientation, and has had so for 15years, this would make that null in void, and prevent the Omaha public school district from protecting it's staff, and this would Increase bullying, rather then reduce the amount of incidents related to bullying."

One person, speaking on behalf of the bill drew the ire of Senator McGill after claiming that should Nebraska add sexual orientation to a protected class in one city, why not pass the same protections for drug addicts, people with tattoo's and other things that make them stand out. Senator McGill fired back saying; "I take offense that you, just classified the LGBTQ community the same as a drug addict."

John Chatelain, representing the Statewide Property Owners Association, said local ordinances would add burdensome regulations and open up landlords to more discrimination complaints.

He said he did not believe there has been a case made that gay, lesbian, bisexual and transgender residents suffer discrimination.

Sen. Brenda Council of Omaha questioned how the bill would apply to Omaha's current ordinances, which protect people from housing discrimination based on age and marital status. State law currently does not provide housing protection for those groups.

McCoy said he didn't know whether LB 912 would conflict with those ordinances but would be willing to address the issue if need be.

State Sen. Brad Ashford of Omaha, the Judiciary Committee chairman, said he does not expect the panel will act on this bill during this legislative session.

Texas Republican Senatorial Candidate: Being Gay Is A Choice And They Will Answer To God

DALLAS, TEXAS -- A GOP candidate running for the U. S. Senate in Texas, ex-pro football player Craig James, told his opponents and the audience during a Republican candidate debate in Dallas Wednesday night that he feels that believes being gay is a choice and gays will have to answer to God. 

Another contender for the Senate seat, former Dallas mayor, Republican Tom Leppert was forced to defend his record on LGBTQ Equality while serving as mayor. Leppert had marched in Dallas’ gay pride parade in 2007 and 2009 and he also had employed an openly gay chief of staff — Chris Heinbaugh — and repeatedly expressed support for the community.

Recently he had come under attack from LGBTQ activists for his stance on same-sex marriage coming out in opposition to both same-sex marriage and civil unions on his campaign website.

Tea party favorite Ted Cruz, the former Texas solicitor general, hammered Leppert for joining two of the Pride marches, which prompted a question to Cruz that he sidestepped during Wednesday’s debate.

Moderator: Are you saying Mayor Leppert is in favor of gay marriage?

Cruz: What I am saying is that when a mayor of a city chooses twice to march in a parade celebrating gay pride, that’s a statement - and it’s not a statement I agree with.

Former Mayor Leppert has complained that Cruz has distorted his position on gays, and Leppert wanted to clear up misconceptions for the conservative voters who were listening.

Leppert: The mayor is against gay marriage. I believe marriage should be defined as one man and one woman. But I had the responsibility to represent everybody, but everybody understood where my faith was. I will tell my role as a Christian is to reach out and touch everybody.

Former television sports analyst Craig James then weighed in.

James: I think right now in this country, our moral fiber is sliding down a slope that is going to be hard to stop if we don’t stand up with leaders who don’t go ride in gay parades. I can assure you I will never ride in a gay parade. And I hear what you’re saying, Tom, but leaders - our kids out there people need to see examples.

Moderator: Do you think people choose to be gay?

James: I think it’s a choice, I do.

Moderator: It’s not in the genes?

James: I think that you have to make that choice. But in that case right there, they are going to have to answer to the Lord for their actions. We should not give benefits to those civil unions.

Leppert says government shouldn’t be involved in deciding whether gay partners have legal benefits given spouses which might include property inheritance or making medical decisions.

LGBTQ rights has become an important test in this primary contest as hardcore Texas Republicans demand candidates take more socially conservative stands.