2010 is bringing more LGBT equality action at the state and federal levels than ever before. There is energy and resolve in the drive for equal rights that won’t be stopped by the anti-gay rhetoric and half-truths of conservative and fundamentalist organizations. Here is an update on some of the new legislation, resolutions and actions that give us hope for the future. We will continue this list, with a more detailed discussion, in our next article.

Federal Actions

The House of Representatives has introduced the Respect for Marriage Act. It is designed to repeal the Defense of Marriage Act (DOMA), which recognizes marriage only between one man and one woman, and has been in effect for 13 years. Because of DOMA, same-sex married couples are denied 1,138 federal rights and benefits provided to heterosexual couples—clearly codifying inequality into federal law.

President Obama ordered a one-year review of the “Don’t Ask, Don’t Tell” policy, which is binding on the U.S. Armed Forces. Everyone affected, from military generals to troops, will be weighing in on the issue, which is primarily a question of whether gays and lesbians serving in the military disrupt troop readiness and discipline. Congress must pass a law to change the current rules.

The U.S. Census Bureau will include questions about same-sex marriage and unmarried partners for the first time in the upcoming 2010 census. The questions are not comprehensive, and won’t provide an accurate count of gay couples who are married or in registered domestic partnerships, but it is important as a first step, and will document how same-sex couples describe themselves.

California Actions
The California Assembly passed a resolution in support of repealing the federal DOMA. It is being considered now by the Senate.

The California Senate passed a resolution in support of repealing the “Don’t Ask, Don’t Tell” policy. It is being considered now by the Assembly.

The first bill in the nation to require the state to add questions about sexual orientation, gender identity and domestic partnership status in the voluntary demographic section of California’s government forms has just been introduced in the Assembly. It is designed to insure that the LBGT community is recognized and receives necessary services. Currently, there is little data available on the status and needs of LGBT people in the state.

The Civil Marriage Religious Freedom Act has been introduced in the Senate. It is designed to further clarify the distinction between civil and religious marriage, defusing one of the anti-gay marriage coalition’s major arguments against same-sex marriage.

Assembly Bill 2199 would repeal an existing section of the California Welfare and Institutions Code which instructs the State Department of Mental Health to conduct research into the “causes and cures of homosexuality” — implying that LGBT Californians are sexual deviants, potential sex offenders and a threat to children.

Unemployment Benefits would be available to same-sex couples who are about to become registered domestic partners, just as they currently are available to heterosexual couples, in a bill introduced in the California Assembly.

A bill introduced in the Senate would allow youths aged 12 to 17 to consent to mental health treatment without their parents’ permission, if the mental health professional believes a youth is mature enough to make such a decision. This would make it possible for LGBT youth at risk of emotional or physical abuse from parents to receive help and support without coming out prematurely.

The LGBT Prisoner Safety Act, vetoed by the Governor in 2009, has been re-introduced in the Assembly. It would add sexual orientation and gender identity to the current list of factors that should be considered to safely classify and house prisoners.

An Invitation!
Please join us at The Viceroy, 415 South Belardo Road, Palm Springs, on April 8, from 6 to 7:30 pm for a fact-filled seminar on “Perils and Pitfalls: Seven Deadly Sins in LGBT Estate and Financial Planning,” which is part of the Coachella Valley Wealth and Economic Series presented by Integrated Wealth Management. Presenters are Mark Marshall, of Integrated Wealth Management, Christopher Heritage, Esq., of Heritage Legal, PC, and Susan von Herrmann, Esq., of Fitzgerald Abbott & Beardsley LLP. Please RSVP to Keith Nielsen at 760.969.7104 or keith@iwmgmt.com.

This article is part of an ongoing series of articles pertaining to legal issues in the LGBT community. Christopher Heritage is an attorney in Palm Springs, who focuses on LGBT estate planning, domestic partnerships, same-sex marriage, probate, trust administration, and consumer bankruptcy. He welcomes questions and comments, and can be contacted at 760.325.2020, or by email: chris@heritagelegal.com.