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Couples File Lawsuit Against State Of Alaska And Municipality Of Anchorage
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CONTACT: (212) 549-2666;
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ANCHORAGE, AK — Three Alaska same-sex couples have filed a lawsuit today challenging the state of Alaska's tax-assessment rules, which discriminate against same-sex couples by denying them equal access to a property tax exemption for senior citizens and disabled veterans. Those who qualify and who live with same-sex partners are only permitted to, at most, half of the exemption available to opposite-sex married couples because they are treated as roommates rather than families.
Each couple is denied full access to a $150,000 property tax exemption available to similarly situated opposite-sex married couples. In a 2005 decision, the Alaska Supreme Court ruled that a similar exclusion of committed same-sex couples – in that case from the family health care coverage afforded to married state workers – violated the state constitution's equal protection clause. But same-sex couples continue to be subjected to the discriminatory tax assessments. The couples, represented by the American Civil Liberties Union and the law firm Davis Wright Tremaine, are asking that the Alaska courts declare this discriminatory law, too, to be unconstitutional.
"Alaska law is clear that denying committed same-sex couples the same rights as married opposite-sex couples is unconstitutional," said Tom Stenson of the ACLU of Alaska. "For senior couples and disabled vets, every bit of savings counts. These couples should not have to pay more taxes than other families."
Julie Schmidt, 67, and Gayle Schuh, 62, have been partners for 33 years. After retiring from careers in education and selling their home in Illinois, they moved to Alaska and now own a home in Eagle River. Their bank accounts and real estate holdings are all jointly owned.
"We are disappointed to learn that the senior tax exemption treats homeowners in same-sex partnerships differently and we cannot receive the full benefit of the exemption," said Schuh.
Julie Vollick and Susan Bernard, who have been together for seven years and are raising four children, jointly purchased their Eagle River home in 2004. Vollick retired from the United States Air Force after 20 years of service, including tours in Kuwait, Saudi Arabia, Afghanistan and Pakistan, and has service-related disabilities.
"I was proud to serve our country and defend our democratic values," said Vollick. "All we want is the fairness I've fought to defend."
Fred Traber, 62, and Larry Snider, 69, have been together for 28 years and have had long careers in Alaska, including small-business ownership and government employment.
"We are proud of our relationship and are happy to stand up to ensure that our long-term commitment is treated fairly," Traber said.
"After building a life and a home together for many years, it's unfair that the government does not recognize these committed partners as the families that they are," said Leslie Cooper, senior staff attorney with the ACLU Lesbian Gay Bisexual and Transgender Project.
"We have tried to resolve this issue with the state out of court with no success," said Roger Leishman of Davis Wright Tremaine. "We're hopeful that the courts will rule on the side of fairness."
Attorneys representing the plaintiffs in the matter of Schmidt v. Alaska are Leishman, Ryan Derry and Dave Oesting of Davis Wright Tremaine LLP; Cooper of the ACLU Lesbian Gay Bisexual and Transgender Project; and Stenson of the ACLU of Alaska.
A copy of the lawsuit is available at the ACLU website at: www.aclu.org/lgbt-rights/schmidt-and-schuh-v-alaska-case-profile
For more information, please visit the ACLU of Alaska website: www.akclu.org |
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FOR IMMEDIATE RELEASE
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"The political process has failed the thousands of families who need the protections civil unions would have provided."
Honolulu — Lambda Legal and the American Civil Liberties Union of Hawai‘i Foundation (ACLU) today filed suit against the State of Hawai`i three weeks after Governor Linda Lingle's veto of House Bill (HB) 444, a bill that would have allowed unmarried couples to enter civil unions with comprehensive state law rights and responsibilities. The lawsuit was filed on behalf of six same-sex couples, five from O`ahu and one from Hawai`i Island.
"It's tragic that something needed so badly by so many Hawai`i families was derailed with a stroke of the governor's pen," said Jennifer C. Pizer, Lambda Legal Senior Counsel. "We had hoped we'd never have to file this lawsuit but the political process has failed the thousands of families who need the protections civil unions would have provided. Every Hawai`i family should be treated equally under the law, but because the state refuses to do that, we're forced to go to the courts."
The complaint filed today in the Hawai`i First Circuit Court argues that the state violates its own constitution by denying same-sex couples important rights and protections readily available to heterosexual couples through marriage.
Lois Perrin, Legal Director for the ACLU of Hawaii said: "Governor Lingle vetoed HB 444, thereby failing in her sworn duty to do what's best for the state she governs. To add insult to injury, she would now put fundamental rights up for a popular vote. The constitution and the courts exist to prevent the majority – even when spearheaded by the Governor - from denying the rights of the few, which is why we filed this case.
Hawai`i's constitution was amended in 1998 to allow the Legislature to restrict marriage to heterosexual couples, which it has done. The lawsuit does not ask for marriage – only for the state to make available the full range of state law protections and duties to gay and lesbian couples, such as access to the same legal protections regarding parent-child relationships, access to family court, child support and alimony. The current "reciprocal beneficiaries" system not only fails to provide many basic rights but also is confusing in its incompleteness and sends a harmful message that the state views same-sex couples as unworthy of the full range of rights and protections.
Jennifer C. Pizer and Tara Borelli of Lambda Legal's Western Regional Office in Los Angeles, and Lois Perrin, Daniel Gluck and Laurie A. Temple of the ACLU of Hawai`i are co-counsel in the case. Paul Alston, Clyde Wadsworth, and Stephen M.Tannenbaum of the law firm of Alston, Hunt, Floyd & Ing are serving as cooperating attorneys.
Filing documents and more information available at: www.lambdalegal.org/young-v-lingle |
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Seven Couples Seek Equal Protection Mandated Under Montana's Constitution
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CONTACT: (212) 549-2666;
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HELENA, MT — Seven committed same-sex couples today filed a lawsuit against the state of Montana for failing to provide legal protections to same-sex couples and their families in violation of the Montana Constitution's rights of privacy, dignity and the pursuit of life's basic necessities and its guarantees of equal protection and due process. The goal of this lawsuit is ensure that same-sex couples are able to protect their families with the same kind of legal protections that opposite-sex couples are offered through marriage.
Because there is a constitutional amendment in Montana barring marriage for same-sex couples, the couples in the lawsuit are seeking the protection of state-recognized domestic partnerships, similar to those in place in several other states.
"Mary Anne and I are part of a family unit, bonded by love and mutual respect and a desire to share in a close relationship that benefits not only us, as partners, but our wider family and the entire community," said Jan Donaldson, a Helena nurse, of her 27-year relationship with her partner, pediatric neurologist Mary Anne Guggenheim. "We depend on one another, in all aspects of our life together. We want to be able to do that with grace and dignity and to feel secure that our relationship will be respected. We want our relationship to be recognized for what it clearly is – a loving commitment of responsibility worthy of security and protection by the state."
Montana law automatically grants married opposite-sex couples safeguards upon which they can depend in times of need. But, under Montana law, it is possible for same-sex couples to be barred from visiting their partners in the hospital and to be left out of conversations about emergency medical care. Montana inheritance laws refuse to recognize same-sex couples, and can leave surviving partners with nothing if their partners die without valid wills. Today's lawsuit seeks a mechanism such as the domestic partnership laws adopted by several other states to provide similar protections for committed same-sex couples.
"It's unfair for same-sex couples who have made commitments and formed families to be treated by the state like legal strangers," said Betsy Griffing, Legal Director for the ACLU of Montana. "Lesbian, gay and bisexual Montanans are valuable and productive members of society who should be treated fairly if their partner is in the hospital or dies without a will."
"Denise has stood with me through 56 brain surgeries and over 300 spinal taps, yet to Montana we're nothing more than strangers. Knowing we have legal protections for our family sure would make it easier on both of us the next time I have a medical crisis," said Kellie Gibson of Laurel, who is raising two children with her partner Denise Boettcher.
Plaintiffs in the case Donaldson and Guggenheim v. State of Montana are Mary Anne Guggenheim and Jan Donaldson of Helena, Stacey Haugland and Mary Leslie of Bozeman, Mike Long and Rich Parker of Bozeman, MJ Williams and Nancy Owens of Basin, Rick Wagner and Gary Stallings of Butte, Denise Boettcher and Kellie Gibson of Laurel, and Casey Charles and David Wilson of Missoula.
In addition to Griffing, the couples are represented by Elizabeth Gill, a staff attorney with the ACLU Lesbian, Gay, Bisexual and Transgender Project; James Goetz and Ben Alke of the Bozeman, MT, law firm Goetz, Gallik & Baldwin P.C.; and Ruth Borenstein, Philip Besirof and Neil Perry of the California law firm Morrison & Foerster LLP.
Additional information about the case, biographies of the plaintiffs and links to videos of the plaintiffs can be found at www.aclumontana.org and www.aclu.org/mtpartnerships. |
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Agreement Marks First School Policy Protecting LGBT Students In Mississippi
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; (212) 549-2666
ABERDEEN, MS – Itawamba County School District officials agreed to have a judgment entered against them in the case of a recent high school graduate who sued her school for canceling the prom rather than let her attend with her girlfriend. The agreement ends a precedent-setting lawsuit brought by the American Civil Liberties Union on behalf of 18-year-old Constance McMillen, who suffered humiliation and harassment after parents, students and school officials executed a cruel plan to put on a "decoy" prom for her while the rest of her classmates were at a private prom 30 miles away.
"I'm so glad this is all over. I won't ever get my prom back, but it's worth it if it changes things at my school," said McMillen, who was harassed so badly by students blaming her for the prom cancellation that she had to transfer to another high school to finish her senior year. "I hope this means that in the future students at my school will be treated fairly. I know there are students and teachers who want to start a gay-straight alliance club, and they should be able to do that without being treated like I was by the school."
As set forth in documents filed in court today, school officials agreed to implement a policy banning discrimination or harassment on the basis of sexual orientation and gender identity, the first policy to do so at a public school in the state of Mississippi. The school also agreed to pay McMillen $35,000 in damages and pay for McMillen's attorneys' fees.
"Constance went through a great deal of harassment and humiliation simply for standing up for her rights, and she should be proud of what she has accomplished," said Christine P. Sun, senior counsel with the ACLU Lesbian, Gay, Bisexual and Transgender Project. "Thanks to her bravery, we now not only have a federal court precedent that can be used to protect the rights of students all over the country to bring the date they want to their proms, but we also have the first school anti-discrimination policy of its kind in Mississippi."
In addition to today's legal judgment against the school, an earlier ruling in the case set an important precedent that will help prevent other students from suffering the kind of discrimination McMillen experienced. In March, the U.S. District Court for the Northern District of Mississippi issued a ruling in McMillen's case that school officials violated McMillen's First Amendment rights when it canceled the high school prom rather than let McMillen attend with her girlfriend and wear a tuxedo.
"We're pleased that the school district agreed to be held liable for violating Constance's rights. Now Constance can move on with her life and Itawamba school officials can show the world that they have learned a lesson about equal treatment for all students," said Kristy L. Bennett, co-counsel on McMillen's case. "This has been about much more than just the prom all along – it's about all of our young people deserving to be treated fairly by the schools we trust to take care of them."
After IAHS's original prom date was canceled by school officials in response to McMillen's request that she be allowed to bring her girlfriend and wear a tuxedo, parents organized a private prom at which district officials told a federal judge McMillen and her date would be welcome. That private prom was then canceled as well, allegedly because parents did not want to allow McMillen to attend, instead organizing a "decoy" prom for McMillen and her date and another prom for the rest of the class. McMillen and her date then attended the event the school had told her was "the prom for juniors and seniors" on April 2, where they found only seven other students attending. Principal Trae Wiygul and several school staff members were supervising that event while most of McMillen's classmates were at the other prom in Evergreen, Mississippi.
"We hope this judgment sends a message to schools that they cannot get away with discriminating against lesbian, gay, bisexual and transgender students. LGBT youth just want to be treated like their peers and do all the normal high school things, like going to the prom with the date they choose," said Bear Atwood, Interim Legal Director at the ACLU of Mississippi. "We're very proud of Constance for standing up not just for her rights but the rights of LGBT students everywhere."
McMillen is represented by Sun, Bennett and Atwood, as well as by Norman C. Simon, Joshua Glick and Jason Moff of Kramer Levin Naftalis & Frankel LLP, and Alysson Mills of New Orleans.
The case name is Constance McMillen v. Itawamba County School District, et al. Additional information is available at www.aclu.org/lgbt-rights/fulton-ms-prom-discrimination. There is also a Facebook group for people who want to support McMillen, "Let Constance Bring Her Girlfriend to the Prom," at www.facebook.com/pages/Let-Constance-Take-Her-Girlfriend-to-Prom/357686784817. |
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