Monday, October 26, 2009

I wrote this...

... to Senator Jon Kyl, Senator John McCain, and Representative Gabrielle Giffords. (I toned it down somewhat for Ms. Giffords.) Thought y'all would like to see:

Dear Senator [insert name here; I’m going to write to both of them]:

I am a second-year law student at the U. of A. James E. Rogers College of law. I am a writer on Law Review; the president of the law school chapter of the ACLU; and among the top 10% in my class. I love the study of law and I love being a part of this wonderful school.

Two weeks ago, I was in Washington, D.C. with 200,000 other people marching for LGBT equality. I marched because the more I have studied the laws of this country, the more I have realized that LGBT people - like me and my wife - are excluded from a wide variety of protections.

For instance, in Evidence just a few weeks ago, I learned that married people cannot be compelled to testify against each other in court. This is, of course, a very minor example (and something I probably already knew if I had thought about it), but it highlighted unpleasantly yet another way my family is different from those of many of my classmates.

I should not even have to describe what Community Property class is like.

In my Persuasive Communication class, our writing project for this semester has to do with the Americans with Disabilities Act. I am writing for the hypothetical plaintiff, and I found it very easy to point to provisions within the ADA to make my case. Although I am enjoying the project immensely, the subject is bittersweet. My hypothetical plaintiff has a legal remedy against the employment discrimination she experienced; when my wife was forced out of her job in response to her disclosures about her sexual orientation (which, given that we both worked at the same location, was difficult to hide), she had no remedy at all beyond very limited City of Tucson protections. Under those provisions, the maximum damages a plaintiff can get is $2000, which does not even begin to cover the legal fees that would have been involved had we pursued the matter.

I have been afraid to visit my parents since they moved to Alabama because I have read so many reports from that state of crimes against LGBT people that are not investigated, or that are perpetrated by law enforcement officers. I am sure these things happen in Arizona as well; however, I have not heard of as many incidents here, and Tucson, being as it is an island of liberalism, is very safe.

I write to you because I would like to see the vast inequalities between LGBT citizens and non-LGBT citizens remedied. We do not ask for “special rights” or anything that will harm this country as a whole. We want only the same rights that non-LGBT people take for granted, such as the right to the protections of marriage. We want to be able to work without fear of harassment or termination, protections that racial minorities, women, and people with disabilities have but that are denied to us. We want to be able to serve our country in the military without having to lie about who we are. These legislative changes would right a great wrong that has been perpetuated in the name of “tradition.”

The Matthew Shepard Hate Crimes Bill that just passed was only a small step. There are several bills under consideration that would do far more for LGBT rights. The Senate has before it a fully-enclusive Employment Non-Discrimination Act. The House is considering a bill to repeal DOMA that hopefully will pass and move along to the Senate. President Obama has indicated that he will soon push for a repeal of "Don't Ask, Don't Tell," which, while an improvement on the old military policy of actively rooting out lesbians and gay men from the ranks, still falls far short of anything like equality.

As a nominal libertarian, I understand concerns that legislating problems away for the most part does not work. I am all for keeping government small so that it intrudes on individual lives as little as possible. I am also all for allowing the democratic process to work as it will, voicing the will of the people.

However, there are times, as now, when the democratic process fails millions. Is it right to allow the knee-jerk reactions of the many to marginalize and trample the rights of the few? Is it right to allow injustice to continue and millions to live in fear simply because more legislation would violate some theoretical principle of the role of government, that has very little to do with reality? My reality is that, despite my education and prospects, I am a second-class citizen. I cannot rely on the courts to correct the injustices, as I naively thought when I first enrolled in law school. The courts are bound by precepts of law, and it is the law that is failing us now. The law must be changed, and you, the legislators, are the ones to change it.

The bills that would change my reality harm no one. They do not place any particular burden on the economy; in fact, by reducing fear and promoting inclusion of a vast number of people, they would help the economy. They do not force anyone to change their lives, beyond requiring that a few employers, service-men and –women, and law enforcement officers behave with civility. I realize that they are not a panacea. No mere legislation can change an entire culture. But it would be a start.

The attitudes in this country are changing; even many Republicans now support LGBT equality. Please support bills that would enable us to live as full citizens in the country we love.

Sincerely,

[Audrey]

Wednesday, October 14, 2009

National Equality March

October 11, 2009.
Pictures here: http://www.facebook.com/album.php?aid=2460528&id=10133619&l=90b57b9173

Commentary in the form of an email conversation between me & my mom...

[My mom] wrote:

Very nice! You certainly have the prettiest sign there! Where did you make that? Did you bring it home with you? It looks like you had a great day. Who were you staying with? I know you said, but I have a terrible memory. Was that the person walking along with you?

I'm glad it was a peaceful march. I guess you might have gotten more attention if there had been trouble, but the whole idea is about love and ending hate and all, so peaceful makes more sense. Have you heard any good estimates about the number of people there? I noticed some "straights against hate" kinds of signs--were there lots of those, or just a few? Did you get to talk to interesting people, or was it enough to just be there with them all?

Sorry about all the questions! And thanks for the pictures!
Love, Mom

[Audrey] wrote:
I made the sign Saturday night...we went by WalMart on the way to Kiera's place & picked up some posterboard & Crayola markers. And I just sat around for a few hours & worked on it. I made Kiera's sign too - much simpler but still effective; it said "Will Work for Equal Rights" with "Equal Rights" big & rainbow-y. Yes, Kiera is the person walking with us.


Estimates for number of people range from 150,000 to 250,000. My friend Mark said the march in '94 - that he went to - was 300K...but this one was thrown together on a $200K budget in five months with NO marketing beyond viral internet stuff, in a lousy economy, so I think it's pretty impressive. The organizers (about 30 of them) had figured on 100K people, so it was a raging success on that count.

There were quite a few straight people watching, which I thought was really awesome. Lots of "Straight but not narrow" signs, and one interracial straight couple marching near us had a sign saying something like "50 years ago our marriage would have been illegal too," which I thought was cool & hopeful-looking. The whole march was VERY family-oriented. Lots of kids marching with their moms or dads; lots of couples marching together. There were also quite a few gay ex-service people who got burned by Don't Ask Don't Tell - not my thing, but still really awesome. I talked to a few people from all over - I had this idea to include lots of people saying where they were from in a video montage but I got too busy marching to record much footage. We were standing near a whole group from Utah; I talked to them a little bit. Mostly, though, it was just being there. It was like everyone knew each other already - not names & life stories, but didn't need to. People would just start talking randomly, and lots of people were running around with cameras like me, just running up to people & saying, "Can I take your picture?!" and snapping a shot & running off. It was this wonderful sense of community. Even with all those people, I never felt closed in or unsafe. If people stopped for whatever reason during the march, the crowd just flowed around them. Everyone was really really happy & calm but still with this undercurrent of charged excitement, like things can change & were changing and we don't have to be nasty to get what we want, just firm. So yeah, it was peaceful in the sense that no one was fighting, but in terms of energy, it was anything but. It was more like we just didn't need to fight - there were enough of us that anyone against us just didn't matter. And that sense of community just hung around all afternoon. Walking back to the car, everyone we saw was from the march and we'd all wave to each other or cheer at each other or whatever.

And please, question! It's great! I like it when people ask questions. :D