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Wiliams Institute Study Supports Inclusive ENDA

2009-09-23T14:44:20-08:00

The U.S. House of Representatives held hearings today on H.R. 3017, the Employment Non-Discrimination Act of 2009 (ENDA), which would prohibit employment discrimination on the basis of sexual orientation and/or gender identity. Brad Sears, Executive Director of the Williams Institute, a national research center on sexual orientation and gender identity law and public policy at UCLA School of Law, testified in support of the bill.

Sears summarized the findings of a twelve-month research study conducted by the Williams Institute, which found widespread and enduring discrimination on the basis of sexual orientation and on the basis of gender identity by state and local government as well as in the private sector. These findings support the conclusion that Congress has the power to enact ENDA under Section 5 of the 14th Amendment, which grants Congress the authority (among other things) to enforce the guarantees of that Amendment's Equal Protection Clause.

Congress would assuredly have the constitutional authority to adopt ENDA under its power to regulate interstate commerce. Congress's Section 5 power is important, however, because it (and not the commerce power) would allow Congress to authorize private individuals who have been discriminated against by state governments to sue those governments for money damages to compensate them. Without that authority, states would be able to assert "sovereign immunity" as a shield against monetary awards under current constitutional law.

If you have not already done so, please let your Representative know that you want her or him to stand up for fundamental fairness and support the right of Americans of every sexual orientation and gender identity to work free of invidious discrimination. You can reach your Representative by dialing 202-224-3121 and giving the operator your zip code; ask her or him to support and to sponsor ENDA, H.R. 3017.

Disclosure: I am a Visiting Scholar at the Williams Institute this semester, as I was in Spring 2003, and I remain a member of the Institute's Faculty Advisory Committee; however, I was not involved in the preparation of this testimony or report.

Delhi High Court Curtails Sodomy Law

2009-07-02T07:06:54-08:00

Today the High Court of Delhi at New Delhi sharply limited Section 377 of the Indian Penal Code. Section 377, which prohibits "carnal intercourse" and has come to be known as the "unnatural offences" section, was facially neutral but in practice targeted LGBT persons. The Court held it unconstitutional insofar as it criminalized consensual sex acts between adults in private. In closing, the Court wrote:

"If there is one constitutional tenet that can be said to be
underlying theme of the Indian Constitution, it is that of
'inclusiveness'. This Court believes that Indian Constitution
reflects this value deeply ingrained in Indian society,
nurtured over several generations. The inclusiveness that
Indian society traditionally displayed, literally in every
aspect of life, is manifest in recognising a role in society for
everyone. Those perceived by the majority as “deviants' or
'different' are not on that score excluded or ostracised.
"Where society can display inclusiveness and understanding,
such persons can be assured of a life of dignity and non-
discrimination. ... In our view, Indian
Constitutional law does not permit the statutory criminal law
to be held captive by the popular misconceptions of who the
LGBTs are. It cannot be forgotten that discrimination is anti-
thesis of equality and that it is the recognition of equality
which will foster the dignity of every individual."

Conference Announcement -- The Global Arc of Justice: Sexual Orientation Law Around the World

2009-01-05T18:00:00-08:00

The Global Arc of Justice Conference will be a four-day international conference focused on advances in LGBT rights from all round the globe, with a special focus on Latin America. Convened by the Williams Institute, a research center on sexual orientation and gender identity law and policy at UCLA Law; the International Lesbian and Gay Law Association (ILGLaw); and the City of West Hollywood; the conference will be held from March 11-14 on the UCLA campus in Los Angeles and in West Hollywood, California. The conference will offer simultaneous translation in English and Spanish.

Topics covered at the Global Arc of Justice Conference will include international efforts to advance legal recognition for same sex couples; the repeal of sodomy laws in former British Colonies; efforts by national governments to end homophobia and advance LGBT equality; implementation of the Yogyakarta Principles in litigation strategies and legal scholarship; and advancement of the rights of transgender and intersex people. Conference activities will include strategy working groups, paper presentations, plenary sessions, and various networking opportunities and celebrations.

This is going to be a great conference, featuring academics, activists, lawyers, judges, and politicians from around the world. The conference web site is http://www.law.ucla.edu/WilliamsInstitute/programs/GlobalArcofJustice2009.html, and registration is open. There are special rates for those who register by February 1, and a special hotel conference rate is available with a February 15 deadline for reservations.

Update: Sorry, in my rush to get this post (largely borrowed from the conference web site) up, I forgot to note that I am the current President of the International Lesbian and Gay Law Association (ILGLaw), co-convenor of this conference. That's not what makes the conference great. It's the extraordinary range of knowledgeable participants (and the hard work of Brad Sears, Randy Bunnao, and the rest of the folks at the Williams Institute).