commentary
LGBT force of justice
Published Thursday, 27-Jul-2006 in issue 970
Beyond the Briefs
by Robert DeKoven
In the annals of GLBT legal history, no group deserves more credit for our major progress in California than the Legislative LGBT Caucus.
Specifically, I’m referring to six openly GLBT legislators: state Senators Christine Kehoe, Sheila Kuehl and Carole Migden, and state Assemblymembers Jackie Goldberg, John Laird and Marc Leno.
Individually, each one is a superhero, but collectively, these folks are truly the force of justice.
Just ask Randy Thomasson, president of the lobbying group Campaign for Children and Families. Here’s what he’s saying about the LGBT Caucus and its success, not just with members of the Legislature but with the Republican governor.
“No Republican governor in California history has promoted transsexuality, bisexuality and homosexuality like Arnold Schwarzenegger has,” Thomasson said in a statement. “In the last three years, Schwarzenegger has delighted homosexual activists by signing most of the LGBT (lesbian, gay, bisexual, transgender) bills that the Democrat-controlled Legislature has placed on his desk. This spring, Schwarzenegger signed an official proclamation celebrating the ‘success of the Lesbian, Gay, Bisexual, and Transgender Pride Celebrations.’
“Now, in an unprecedented act honoring transsexual-bisexual-homosexual ‘pride’ (which is parading through cities nationwide this month), Schwarzenegger has done the unthinkable: He’s agreed to be the top fund-raising speaker for homosexual activists.”
Thomasson asserts the Log Cabin Republicans want to “transform the California Republican Party into the party that supports homosexual ‘marriage’ and the entire transsexual, bisexual and homosexual legislative agenda.”
Thomasson has opposed virtually every bill the LGBT Caucus sponsors or supports. Given the caucus’s success rate, Thomasson takes a beating every day. Some think he’s a closeted masochist. Look for him at Leatherfest next year taking a whipping from Sheila Kuehl. Don’t mess with Zelda.
The truth is these six people are not just remarkable because they are openly gay and lesbian. They share years of experience working in GLBT politics, local government, education, law and public interest endeavors. Fellow legislators don’t simply respect them, they admire them. Passing the “gay marriage” bill didn’t just happen.
“Some think [Randy Thomasson] is a closeted masochist. Look for him at Leatherfest next year taking a whipping from Sheila Kuehl. Don’t mess with Zelda.”
The six are also visible models for legislators. Some of the six have long-term partners (whom they cannot marry). Some have children, who suffer because their parents don’t get the same benefits that heterosexual married couples get under both federal and state law.
In many instances today, rather than argue a matter all the way through the courts, it’s much easier to simply ask as our LGBT Caucus to consider the matter and support a change in the law.
With Democratic majorities in both houses, passage of a reasonable bill is not assured, but possible. The governor’s signature is the next step. This governor – love him or hate him – has been terrific in signing most of our bills dealing with hate crimes, civil rights and domestic partners. He appointed a lesbian to the California Supreme Court and made another his chief of staff. Don’t think the influence of the LGBT Caucus had nothing to do with that.
If social Darwinism applies to California politics, there is a political need now for a strong GLBT legislative presence. Hopefully, they can get their work done before term limits makes the LGBT Caucus extinct.
Because they do their work in Sacramento, the media doesn’t write about the day-to-day work of the LGBT Caucus.
The caucus meets regularly and discusses issues that need resolving. If a law needs changing, they discuss what’s needed. If a matter needs study, the caucus has legislative staff research the matter. If the issue involves an administrative matter, such as a problem with a state agency, the caucus can fire off a letter to the head of the agency. Often, a matter needs a statute amended.
A gay student at a high school shouldn’t have to worry that a principal is going to call a parent and reveal the student’s sexual orientation to the parent. But it happens.
A bill to amend the Education Code to prohibit disclosure of a student’s sexual orientation to parents is authored, introduced in the Legislature and sent to a committee. The committee chair then slates the bill for a hearing, where supporters and opponents testify. The usual suspects oppose the bill, and the Democrats support the bill while the Republicans usually oppose the bill.
It’s taken our community years to get GLBT leaders elected to high office. While that has been very good, the LGBT Caucus is a dream few of us ever thought was possible.
Robert DeKoven is a professor at California Western School of Law.
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