commentary
Beyond the Briefs
Labor boss Jerry Butkiewicz to fuel fire for change
Published Thursday, 30-Aug-2007 in issue 1027
Just in time for Labor Day weekend, local labor leaders pledged last week to help out in several matters of concern to the GLBT community.
Labor boss Jerry Butkiewicz spoke to the San Diego Democratic Club last week. He told the assembled that he can identify with the issues affecting the GLBT community because his sister was the first woman sergeant and then lieutenant in a police department. He said she was harassed out of her job because of her gender and sexual orientation.
By contrast, he indicated the local firefighters’ union backed Tracy Jarman, the first woman and lesbian fire chief in San Diego, and its support for her has not wavered. He also noted that the union did not file a labor grievance against the city of San Diego in support of the local firefighters, who filed a claim for sexual harassment.
On another front, he pledged to look into concerns I’ve raised here about state university employees, such as coaches having to play teams in locales that are hostile to gays and lesbians.
Thanks to laws championed by Sen. Christine Kehoe, state schools cannot enter into contracts with groups that don’t offer domestic partnership benefits. Nor may state agencies aid anti-gay practices.
Now, labor unions should file grievances on behalf of employees who are forced to work in an environment hostile to gays and lesbians.
There are schools that have a history of racial bias. Some still practice it in various ways. There’s no way that a black coach (and players) would ever be expected to play/entertain in such a place.
The same holds true for gays and lesbians, of which there are many in the NCAA.
In addition to the issues in athletics, faculty labor unions need to press university officials to establish GLBT majors and minors. Yes, it’s nice that UCSD and SDSU devote space for GLBT resource centers, and they offer a few classes.
But courses with a GLBT or sexuality focus are extremely popular and in demand. It’s time for the foot-dragging to stop. Universities need to offer more classes; they need to be visible and eligible for general education credit.
It was only a few months ago that CSU faculty planned to strike for “higher pay.” We supported faculty demands. Now it’s time for staff to take a stand. Eradicating anti-gay bias and hate crimes will only come about through education – How about a strike for “equality?” SDSU started its Women’s Studies major in 1976; we’ve waited 30 years for ours.
As almost every labor union knows, including those representing police and firefighters, the GLBT community has been supportive of every pay increase, and every measure sponsored by these local unions.
We’ve been there on the national and state level. We need them now on the grassroots level.
Mike Aguirre to the rescue?
City Attorney Michael Aguirre also attended last week’s meeting and announced his support for Fire Chief Tracy Jarman.
After his appearance, he confirmed to me that he would like to file briefs with the California Supreme Court in the two cases pending that are critical to us: same-sex marriage, and whether doctors can abort a lesbian’s attempt to have a child.
Having taught appellate law for years, I have suggested here that the “San Diego Story” is an important one for the California Supreme Court to hear with regard to same-sex marriage.
No other city in America has a District Attorney who is a lesbian. Bonnie Dumannis is the chief law enforcement officer for the County, yet the laws she enforces don’t apply equally to her.
We have three gay men serving as judges in our Superior Court, all of whom have been in long-term relationships.
The gay judges can perform marriage ceremonies for straight couples in their courtrooms, but can’t do the same for same-sex couples.
The “San Diego Story” is one that helps to win the next two hurdles: winning at the California Supreme Court (under the California Constitution) and then winning again at the U.S. Supreme Court under the U.S. Constitution. The only real equality will happen when the latter declares DOMA and related-state measures illegal under the Fourteenth Amendment.
Robert DeKoven is a professor at California Western School of Law.
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