|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Home > Current Issues & initiatives | News News  Congratulations to Laura Langley! Thursday , July 22, 2010 Laura Langley Selected as One of the Best LGBT Lawyers Under 40 by the National LGBT Bar Association
We are thrilled to announce that board member Laura Langley, an associate with Bingham McCutchen, has been selected as one of the Best LGBT Lawyers Under 40 by the National LGBT Bar Association. The National LGBT Bar established this award to recognize lesbian, gay, bisexual and transgender legal professionals under the age of 40 who have distinguished themselves in their field and demonstrated a profound commitment to LGBT equality. Laura and the rest of the Best LGBT Lawyers Under 40 Class of 2010 will be recognized at the 2010 Lavender Law Conference in Miami Beach, Florida, August 26-28th.
Congratulations to Laura and all the other fine lawyers on whom was bestowed this wonderful honor. Alexander G. Gray, Jr., Scholarship Tuesday , July 06, 2010 ALEXANDER G. GRAY, JR. SCHOLARSHIP AWARD Talia Stoessel, Northeastern University School of Law The Alexander G. Gray, Jr., Scholarship Award was created in 2006 to celebrate the memory of MLGBA board member Alexander G. Gray, Jr. Alec was a dynamic contributor to MLGBA in his service to the board and energetic participation in the mentor program. In his legal career, Alec remained dedicated to public service. He was an Assistant Attorney General, General Counsel to the Department of Social Services, and General Counsel to the Trial Court. Alec will long be remembered for his dedication to public service, advocacy on behalf of children, and deep commitment to all that he undertook. The Scholarship Award is given each year to a law student who demonstrates a commitment to and involvement in the LGBT community, as well as leadership, maturity and responsibility. Talia Stoessel has dedicated countless hours and dynamic energy to the struggle for LGBTQ rights and equality. She graduated Phi Beta Kappa from the University of California, Santa Cruz, in 2006, where she earned her B.A. in psychology with honors, with a concentration in feminist studies and sexuality. She also participated in activism and community building among groups grappling with issues of gender, sexuality and discrimination, including Take Back the Night and Radical Cheerleading. Following graduation, Talia worked as a case manager and volunteer coordinator for Friends Outside, a California organization providing case management services to people who are incarcerated or recently released. During her time there, she brought awareness to her volunteers and to city officials regarding the struggle of LGBTQ people who are incarcerated. She then worked as a program specialist for an LGBT Tobacco Project at Fenway Community Health, where she learned about disparate health impacts on LGBTQ communities. Through her school and professional work, Talia discovered the law’s potential for creating necessary breaks in destructive routines and abusive situations. She envisioned improvements in the law and legal system that could foster healthier and safer communities and decided to pursue a degree in law in order to contribute to making these improvements. In 2008, Talia matriculated at Northeastern University’s School of Law, where she has since put her legal skills to use for a wide variety of groups within the LGBTQ community. Talia led the initial effort for a collaborative project with the Poverty Law Clinic and Boston GLASS (Gay and Lesbian Adolescent Social Services) to create a presentation on how to access food stamps for LGBTQ homeless youth. She completed her first co-op with the National Center for Lesbian Rights and was a recipient of the Pride Law Fund fellowship. She has been an integral part of the activism and social activities of Northeastern’s Queer Caucus, including raising money for Boston GLASS, co-hosting panels on LGBTQ issues, and co-writing memoranda regarding the addition of gender identity to non-discrimination policies. She has written extensively on LGBTQ rights, including a memorandum regarding access to medical services for transgender youth in foster care and a paper addressing the U.S. asylum process for LGBTQ applicants. Amidst these accomplishments, she has also found time to serve as a Co-President of Northeastern’s ACLU and as a teaching assistant for the first year Civil Procedure course. Talia will continue to dedicate herself to improving the law and the legal system to empower and assist disadvantaged communities. She has a bright future advocating for the interests of groups within the LGBTQ community. The MLGBA encourages all members to donate to the Gray Scholarship Fund. For more information, visit www.mlgba.org .MLGBA Congratulates Maite Parsi on Her Appointment Monday , July 05, 2010 MLGBA Congratulates Maite Parsi on Her Appointment Congratulations to Maite A. Parsi, Assistant Chief Counsel at the Department of Workforce Development, who was recently appointed to serve as a member of the Lawyers Concerned For Lawyers Oversight Committee by the Supreme Judicial Court. The board of the MLGBA nominated Maite earlier this year and is excited about her new role. Maite has served on the boards of several nonprofit organizations in the Greater Boston area – The Latino Health Network, La Alianza Hispana, Inc., and the Gay and Lesbian Anti-Violence Fund. Prior to practicing law, she was a Victim/Witness Advocate at the Suffolk County District Attorney's Office. As a volunteer and an attorney, she has worked tirelessly for decades with individuals from varied socio-economic backgrounds. A member of the Massachusetts bar since 1989, she has also been a proud member of the MLGBA since she was a student at Boston College Law School. Lawyers Concerned for Lawyers, Inc. (LCL) provides programs to assist lawyers, judges, other legal professionals and law students who may be impaired in their ability to function as a result of the disease of addiction, including but not limited to alcoholism or other chemical dependency. In addition, LCL provides assessment and referral services with respect to other psychological, emotional and physical impairments that might interfere with an individual's capacity to function as a lawyer. Established under Supreme Judicial Court Rule 4:07, the LCL Oversight Committee oversees the appropriate use of the fund for the operation of Lawyers Concerned for Lawyers, Inc. and its programs. The committee is comprised of six lawyers appointed by the Justices of the Supreme Judicial Court to serve four-year terms. Tax Court Holds Treatments for GID are Deductible Medical Expenses Sunday , July 04, 2010 Tax Court Holds Treatments for GID are Deductible Medical Expenses. Congratulations to GLAD on this important victory for transgender people. On February 2, 2010, the United States Tax Court issued its decision in O'Donnabhain v. Commissioner of Internal Revenue, holding that Gender Identity Disorder ("GID") is a disease within the meaning of the Internal Revenue Code and that treatments for the disease are deductible expenses for medical care. The Tax Court recognized that "Petitioner's hormone therapy and sex reassignment surgery were essential elements of a widely accepted treatment protocol for severe GID." Rejecting the IRS's argument that O'Donnabhain's treatment was cosmetic, the Tax Court characterized that argument as "at best a superficial characterization of the circumstances that is thoroughly rebutted by the medical evidence." Read the decision here. Office Space Available Tuesday , June 29, 2010 Office space to sublet at Old City Hall in downtown Boston. Anyone interested should contact Tim Lynch at Swartz & Lynch, 617-367-2882. Patent Law Scholarship Monday , June 21, 2010 Applications Available for $1,000 LGBT Patent Law Scholarship Applications are available for a $1000.00 scholarship offered by Jeremy D. Protas, associate at Marshall, Gerstein & Borun LLP, a Chicago-based intellectual property law firm. Please Forgive Our Growing Pains! Thursday , May 06, 2010 MLGBA is undergoing some technical improvements to its mass-mailing technology. Some inadvertent messages (comprised chiefly of our header image and a large "Head2" alternet text label) have been sent out to a set of our members who attempted to use our "Reminder" buttons. We apologize for this confusing communication and have made steps to prevent any recurrence. LGBT and Allied Groups Call on Congress to Pass ENDA Now Wednesday , April 21, 2010 Today, the nation's leading lesbian, gay, bisexual and transgender (LGBT) organizations, along with allies in the faith, labor and civil rights communities, issued the following statement to members of the United States Congress: "Pass the Employment Non-Discrimination Act NOW." Click HERE to see the full press release. Legal Heavyweights Lean on NALP to Track Non-Equity Partners Thursday , April 08, 2010 Legal Heavyweights Lean on NALP to Track Nonequity Partners A group of 75 judges, prominent attorneys and legal scholars has fired off a letter to NALP in hopes of pressuring the organization to rethink its decision not to track nonequity partner numbers at law firms. The letter calls for NALP, formerly the National Association for Law Placement, to include nonequity partner information in the data it provides to the public about major U.S. law firms. The group behind the letter asserted that because minorities and women make up a disproportionate number of nonequity partners, the information is crucial to getting an accurate picture of diversity numbers within member law firms. The two-page letter, dated April 6, was in response to a decision by NALP in December not to collect nonequity numbers, despite assurances by the organization that it would begin doing so. NALP Executive Director James Leipold said that NALP had to pull back on those assurances because law firms were balking at providing the information. He said that firms refused to reveal nonequity numbers because NALP's questionnaire asked them to identify nonequity partner numbers on an office-by-office basis. Firms were concerned that parsing the information that way could jeopardize attorney privacy by revealing the partner status of individual lawyers. The letter was authored by Fernande Duffly, a judge on the Massachusetts Appeals Court; Nancy Gertner, a judge for the U.S. District Court in Massachusetts; and Julia Huston, a partner with Foley Hoag in Boston. Among those who signed their names to the letter were William Lee, co-managing partner of Wilmer Cutler Pickering Hale and Dorr; Walter Reed, managing partner of Edwards Angell Palmer & Dodge; John Montgomery, managing partner of Ropes & Gray; Robert Post, dean of Yale Law School; Martha Minnow, dean of Harvard Law School; Larry Kramer, dean of Stanford Law School; and Carolyn Lamm, president of the American Bar Association. "We were surprised and dismayed to learn that NALP had decided to suspend collection of equity and non-equity partner demographic information for the 2010-2011 NAPL Directory of Legal Employers," the letter said. Leipold said that NALP "is on the same page" as those who signed the letter and that the organization was considering how to most effectively collect the nonequity data. The NALP board of directors will take up the issue during its April 26 meeting, he said. "We are committed to collecting this data in the next data collection cycle, though since we have not decided how to do it yet, I cannot tell you what our approach will be," Leipold said. The letter cites statistics that show women make up fewer than 17% of equity partners at major law firms, and minorities make up about 5.4% of that group. The tussle over NALP's decision about nonequity data follows criticism that the organization received earlier this year about its moves to change the guidelines for on-campus recruiting. After some backlash from law firms, NALP backed off a plan that would have banned firms from making any offers to second-year law students before mid-January. Click HERE to read the letter. Boston Globe: Advocates Blast Anti-Bullying Bill Changes Thursday , March 18, 2010 Proponents of an antibullying bill set to be debated in the state House of Representatives today say last-minute changes, made in the House Ways and Means Committee, have removed the heart of the legislation, stripping it of its most vital protections. According to critics of the move, who said they discovered the revisions yesterday, the bill reworked in recent days by the House committee does not include a key paragraph mandating that school staff members report bullying to the principal and that the principal investigate promptly, call in law enforcement when needed, take appropriate disciplinary action, and notify parents. The paragraph was included in the version passed by the state Senate last week. “To me, this is the meat of the law, a tool for parents to hold schools accountable and ensure their kids’ safety, and without it, it’s essentially the status quo, where some schools can do the right thing and others can opt out,’’ said Robert Trestan, civil rights counsel for the Anti-Defamation League’s Northeast region and a leader of efforts to pass the new law. “Anyone who cares deeply about bullying will be hard pressed to support this version,’’ he said. Leaders of the House committee did not respond to phone calls and e-mails about the changes late yesterday. Many legislators took the day off in observance of Evacuation Day, the controversial Suffolk County holiday. Proponents of the bill say they are also troubled by another change, first adopted in the Senate, that makes antibullying education for teachers optional. Yesterday, they were scrambling to find sponsors for amendments to reverse both changes. “We believe the leaders want a good bill, but they might not realize how this undercuts any real solution,’’ said Arline Isaacson, cochairwoman of the Massachusetts Gay and Lesbian Political Caucus. MassEquality Praises Attorney General Martha Coakley's Filing for Swift Resolution to DOMA Lawsuit Thursday , February 18, 2010 MassEquality Praises Attorney General Martha Coakley's Filing for Swift Resolution to DOMA Lawsuit Recently, Attorney General Martha Coakley filed a motion for summary judgment in Commonwealth of Massachusetts v. U.S. Department of Health and Human Services, et al., a federal lawsuit that seeks to have Section 3 of the Defense of Marriage Act (DOMA) declared unconstitutional. Click HERE for more information. Joyce Kauffman Named to Lawyer's Weekly 2009 Lawyers of the Year Wednesday , February 03, 2010 Congratulations to our own Joyce Kauffman on being named to Lawyer's Weekly 2009 Lawyers of the Year.
Click HERE to see the full article. Lawyers Concerned for Lawyers Monday , February 01, 2010 LCL is offering an 8-week support group for attorneys who have been personally or professionally impacted by the devastation caused by the earthquake in Haiti. Please spread the word. As with all LCL groups, this support group will be FREE and CONFIDENTIAL. Click HERE for further details. MLGBA Involvement Sunday , January 03, 2010 Committees: We strongly encourage both law students and attorneys to become involved in the important work of the MLGBA through participation with its committees. MLGBA committees include the Amicus Curiae, Communications, Large Firm, Membership, Technology, Transgender Inclusion, Outreach and Western Massachusetts Committees. If you would like to become involved with one or more of these committees, please feel free to contact the Administrative Assistant at MLGBA.adminassistant@gmail.com who will provide you with the contact information for the Chair of the respective committees.
Search for Law Student Representatives: MLGBA has enthusiastic and wonderful student board representatives from Boston College Law School, Boston University School of Law, Northeastern University and Suffolk University Law School. We are still looking for representatives from New England School of Law, Harvard Law School and Western New England College School of Law. If you are interested, please contact Polly Crozier at polly@kauffmanlaw.net or 617-577-1505. The 2010 Richard D. Cudahy Writing Competition on Regulatory and Administrative Law Saturday , January 02, 2010 The 2010 Richard D. Cudahy Writing Competition on Regulatory and Administrative Law The Richard D. Cudahy Writing Competition on Regulatory and Administrative Law is open to a wide array of participants. Practicing lawyers, policymakers, academics, and law students all are encouraged to take part. The judging committee will include federal judges and leading academics. A winner will be selected in both the lawyer and student categories. The author of the winning paper in each category will receive a cash prize of $1,500. The winning papers will receive special recognition at the ACS National Convention, on the ACS website, and potentially through other means agreed upon by the authors and ACS. Superior Court Implements Discovery Pilot Project Wednesday , December 23, 2009 Superior Court Implements Discovery Pilot Project
Superior Court Chief Justice Barbara J. Rouse has announced that the Superior Court's Business Litigation Session (BLS) will implement a Discovery Pilot Project beginning January 4, 2010. The BLS Pilot Project was developed as a result of a joint effort of the BLS judges (currently Margaret R. Hinkle, Stephen E. Neel, and Judith Fabricant) and the BLS Advisory Committee to address the increasing burden and cost of civil pretrial discovery, particularly electronic discovery. The Pilot Project will be available on a volunteer basis for all new cases in the BLS and cases that have not previously had an initial case management conference.
More information regarding the Superior Court BLS Pilot Project is available by clicking on: Project, Protocol and/or Intro. President Obama Signs LGBT Hate Crimes Bill into Law Tuesday , December 08, 2009 President Obama Signs LGBT Hate Crimes Bill into Law On October 28, 2009, President Obama signed the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act, a major piece of national civil rights legislation for lesbian, gay, bisexual and transgender Americans. The Act broadens the definition of federal hate crimes to include those motivated by a victim's gender identity or sexual orientation. It gives victims the same federal safeguards already afforded to people who are attacked because of their race, color, religion or national origin. To have the U.S. government acknowledge and combat the hate violence that LGBT people still face on a daily basis in this country sends a powerful message to Americans and to the rest of the world. While there is still a lot to be done, we congratulate President Obama on signing this integral piece of civil rights legislation into law. SJC Appointments Sunday , October 11, 2009 Supreme Judicial Court Appoints Two New Members to Standing Advisory Committee on the Rules of Professional Conduct
The Justices of the Supreme Judicial Court recently announced the appointment of Suffolk University School of Law Professor Andrew M. Perlman, a resident of Sharon, and Attorney Regina E. Roman, a resident of Winchester, with the Boston law firm of Sugarman, Rogers, Barshak & Cohen, P.C., to the Standing Advisory Committee on the Rules of Professional Conduct for a three-year term.
The Standing Advisory Committee on the Rules of Professional Conduct is responsible for reviewing issues and proposals concerning the Massachusetts Rules of Professional Conduct and making recommendations to the Rules Committee of the Supreme Judicial Court. The Committee is composed of the Commonwealth’s Bar Counsel, attorneys who work in a wide variety of settings and practice areas, and law professors with expertise in professional ethics.
Ms. Roman, who joined Sugarman, Rogers in 1979, concentrates on litigation involving professional responsibility, insurance issues and business disputes. As managing partner since 1999, she has been responsible for internal ethics advice, risk management and prevention of conflicts. Since 2007, she has been co-chair of the Boston Bar Association (BBA) Ethics Commission. She is a former co-chair of the BBA Professional Liability Committee. In 2006, she served on the BBA’s Ad Hoc Committee on Bar Discipline, and from 1998-2004 as a hearing officer for the Board of Bar Overseers. She is also a member of the Women’s Bar Association of Massachusetts. Ms. Roman has lectured and written extensively on attorney ethics issues. She holds a J.D. degree, magna cum laude, from Harvard Law School and an A.B. degree, magna cum laude and Phi Beta Kappa, from Brown University.
Professor Perlman has been a professor of law at Suffolk University Law School since 2001. He has also taught as a visiting professor at Boston University School of Law, as an associate-in-law at Columbia Law School, and as a teaching fellow at Harvard College. His has written a number of articles about legal ethics, and since 2008, he has been a co-author (with Professors Stephen Gillers and Roy Simon) of the widely used and annually updated book, Regulations of Lawyers: Statutes and Standards. He is also a co-author of a forthcoming civil procedure case book and a co-contributor to a legal ethics blog, www.legalethicsforum.com, which the American Bar Association Journal has twice recognized as one of the top 100 law-related blogs in the country. He is a member of the Executive Committee of the Professional Responsibility Section of the Association of American Law Schools and a past member of the Massachusetts Bar Association’s Judicial Administration Section Council as well as its Jury Communications Task Force. Professor Perlman holds an L.L.M. degree from Columbia Law School; a J.D. degree, cum laude, from Harvard Law School; and a B.A. degree, magna cum laude and Phi Beta Kappa, from Yale College.
Members of the Standing Committee on the Rules of Professional Conduct: John L. Whitlock, Esq. (Chair), Henry C. Dinger, Esq., Eric K. Higgins, Esq., Professor Andrew L. Kaufman, Elizabeth Mulvey, Esq., Professor Andrew M. Perlman, James B. Re, Esq., Denise M. Regan, Esq., Regina E. Roman, Esq., Professor Constance Rudnick, Patrick J. Sharkey, Esq., and Constance V. Vecchione, Esq. Lawyer's Concerned for Lawyers Friday , September 25, 2009 Lawyers Concerned for Lawyers Blog “Coping Mechanisms for Managing or Relieving Stress in the Wake, or in Fear, of Job Loss”
Attached is the link to LCL Executive Director Gina Walcott's LCL blog postings on “Coping Mechanisms for Managing or Relieving Stress in the Wake, or in Fear, of Job Loss.” (4 Part Series) - Parts I and II: Shifting One's Perception and Part III: Using the Time to Your Advantage. Here’s the link: http://lclma.blogspot.com/ SpeakOUT is Moving! Thursday , September 24, 2009 SpeakOUT is moving into The Brewery in Jamaica Plain and will be sharing an office with Keshet. Effective September 28th, SpeakOUT Boston's new physical address is: 248 Armory Street, Jamaica Plain, MA 02130; new mailing address is: P.O. Box 301223, Jamaica Plain, MA 02130; and new phone number is: 617-238-2470. Natick District Court is Relocating Wednesday , September 23, 2009 The Natick District Court will relocate at the close of business on Friday, October 2, 2009, and will open on Monday, October 5, 2009, at its new location within the courthouse also used by the Framingham District Court at 600 Concord Street in Framingham. The temporary relocation is an expense reduction measure in response to the statewide economic decline which has severely impacted the Commonwealth’s FY10 budget.
The main number for the Natick District Court will be 508-620-9110 and the Clerk’s fax number will be 508-620-9118. The Probation office fax will be 508-620-9119. The new mailing address is 600 Concord Street, Framingham, MA 01701.
MLGBA Membership 2010 Registration and Renewal Form Friday , September 11, 2009
Please register or renew your MLGBA membership on-line. Simply visit our website at www.mlgba.org, click on "Registering and Renewing" and follow the step-by-step instructions. If you must register or renew by mail, please use the form below. MLGBA Membership Renewal 2010 Option 1. _____ I am a new member. Option 2. _____ Please renew my membership with no changes. (Proceed to dues section) Option 2a. _____ Please renew my membership and I have made changes, legibly, below. (Then proceed to dues section). ***Note: Only categories in section A in bold are published in our directories. As always, all information is confidential, and is only included in the directory with your written permission. (An * after your last name indicates that you receive Law Notes) ***Note: MLGBA communications will be sent by e-mail. Please be sure to list an e-mail address. A. NAME: MAILING ADDRESS: HOME PHONE: EMPLOYER: WORK ADDRESS: WORK PHONE: FAX: EMAIL: WEB PAGE: LAW STUDENT: MENTOR PROGRAM: MBA MEMBER: NLGLA MEMBER: BBA: EDUCATION: Undergrad: Grad: Law: BAR ADMISSIONS: WORK SETTING: PRACTICE AREAS:
WORK AS CO-COUNSEL: yes ____ no ____ ACCEPT REFERRALS: yes____ no ____ INCLUDE IN ONLINE DIRECTORY: yes ____ no ____ IF YOU WISH TO JOIN A SECTION OR COMMITTEE, PLEASE CIRCLE BELOW:
B. Sliding Dues ScaleIncome equal to or over $125,000: $125 _________Income under $125,000 $100 _________ Income under $50,000 $30 _________ Law Student **FREE** LAW SCHOOL___________________ **GRADUATION YEAR 20____ If you wish to receive a subsidized, electronic subscription to Lesbian & Gay Law Notes, please enclose: ______ $0 if you are contributing $50 or more in membership dues; ______ $10 if you are contributing less than $50 in membership dues; ______ $5 if you are a first year or low income attorney or law student. Please send your renewal application and check made payable to MLGBA to: MLGBA P.O. Box 9072 Boston, MA 02114 You can also renew on line. Just go to www.mlgba.org and click on Registering & Renewing and follow the step-by-step instructions. Any questions? Please contact Sue at mlgba.adminassistant@gmail.com. You can reach us on the web at www.mlgba.org. THANK YOU!!! Human Rights Campaign Foundation 2010 Corporate Equality Index Survey Thursday , September 10, 2009
Human Rights Campaign Foundation’s 2010 Corporate Equality Index Surveys America’s Leading Law Firms; Record Number of Firms Demonstrate Strong Commitment to LGBT Workplace Benefits and Legal Protections Despite Difficult Economy.
The Human Rights Campaign Foundation released a report showing that more law firms than ever are providing vital benefits and protections for their lesbian, gay, bisexual and transgender (LGBT) attorneys and staff. In this year’s report, the 2010 edition of the HRC Foundation’s Corporate Equality Index, an unprecedented 88 law firms achieved 100 percent ratings, eclipsing every other industry represented in the annual survey. Twenty-eight additional firms earned ratings of 80 percent or more. The Corporate Equality Index 2010 rated a total of 590 private employers in various industries. The full report is available at www.hrc.org/cei. Tragic Shooting at GLBT Center in Tel Aviv Monday , August 10, 2009 The death of innocents is horrible. The death of innocent, bright and promising teenagers is more horrible. The death of innocents stemming from an act of incomprehensible hatred and violence is most horrible of all. Israel's laws guarantee the rights of gay and lesbian people to a greater degree than many other countries, including the US. Tragically, the shooting on Saturday night, August 1st, at a GLBT center in Tel Aviv that took the lives of Nir Katz, 26 and Liz Trubeshi, 16, and injured at least 10 teenagers, represents the victory of religious fanaticism and hatred over rationality, humanity and law. We mourn the loss of these young people and vow to redouble our efforts in our own community, in Israel and throughout the Jewish world to end discrimination, religious bigotry and violence. Congratulations on the Warfield Decision Sunday , August 09, 2009 Great work by our MLGBA employment law section chair, Patty Washienko.
You may have already read about this decision (attached hereto). Many, many thanks to Ellen Zucker and Laura Studen, counsel for Dr. Warfield, and to Patty Washienko for the amicus brief. (Talk about winning teams!)
SJC Approves Amendments to Trial Court Small Claims Rules Saturday , August 08, 2009 The Supreme Judicial Court has approved amendments to the Trial Court’s Uniform Rules on Small Claims (Trial Court Rule III), effective October 1, 2009. The amendments reflect proposals made by the Trial Court’s Small Claims Working Group and comments on those proposals from the public and the bar. The text of the Uniform Small Claims Rules and commentary, as amended, can be found at www.mass.gov/sjc.
Update on Transgender Civil Rights Legislation Tuesday , July 28, 2009 Update on Transgender Civil Rights Legislation
On July 14, 2009, the Joint Committee on the Judiciary heard testimony about An Act Relative to Gender-Based Discrimination and Hate Crimes (H1728/S1687), which would amend the Commonwealth's hate crimes statutes, as well as state laws governing discrimination in employment, credit, housing, public education, and public accommodations, to be explicitly inclusive of transgender people. MLGBA board member and Committee on Transgender Inclusion Chair Laura Langley testified on behalf of MLGBA in support of this crucial civil rights legislation. You can read Laura's testimony by clicking on the attachment below. In addition to the MLGBA, representatives of the BBA, MBA, and WBA testified at the hearing in support of the bill, and the Massachusetts Black Lawyers Association and the Asian American Lawyers Association of Massachusetts also voiced their support.
MLGBA is a member of a coalition of organizations, led by the Massachusetts Transgender Political Coalition, who are working to enact H1728/S1687. The legislation is supported by, among others, Governor Deval Patrick, Attorney General Martha Coakley, MassNOW, Jane Doe Inc., the Massachusetts Society for the Prevention of Cruelty to Children, and the City of Boston Women's Commission.
Read "Another Front for Fairness," the July 24, 2009 Boston Globe editorial supporting the bill. http://www.boston.com/
Watch "Everyone Matters: Dignity and Safety for Transgender People," produced by MTPC, GLAD and MassEquality. http://www.youtube.com/watch?
Read more about An Act Relative to Gender-Based Discrimination and Hate Crimes.
SJC Approves Interim Guidelines for the Protection of Personal Identifying Data in Publicly Accessible Court Documents Monday , July 27, 2009 The Justices of the Supreme Judicial Court recently approved Interim Guidelines designed to protect against identity theft by having court filers omit or delete certain personal identifying information, such as social security numbers, in criminal and civil court documents. The Guidelines for the Protection of Personal Identifying Data (PID) in Publicly Accessible Court Documents are non-binding and take effect on September 1, 2009. The Interim Guidelines apply only to court documents that are publicly available. It is solely the filer’s responsibility to delete or omit data. The Guidelines contain a number of exemptions for situations when personal information may be necessary to include in documents because it is required by law or court rules or for other specific reasons. A subcommittee of the SJC Standing Advisory Committee on the Rules of Civil and Appellate Procedure, chaired by Assistant Attorney General Peter Sacks, thoroughly studied the issue of personal data in court documents. After reviewing the Federal rules on personal identifying data, which took effect in 2007, the subcommittee surveyed judges, court personnel and others in the Massachusetts courts to determine how rules requiring partial redaction might apply in the state courts. The subcommittee focused on specific elements of PID that would be useful in committing identity theft. Interim Guidelines were developed to begin to protect personal information in public court documents and to gain experience that will help in formulating a rule at a later date. Following further internal review, the subcommittee invited widespread public comment on the proposed Interim Guidelines in 2008. Based on input received, the Interim Guidelines were revised and approved by the subcommittee and the Standing Advisory Committee on the Rules of Civil and Appellate Procedure, and then recommended to the Supreme Judicial Court. The Interim Guidelines and a summary fact sheet are available in court clerks’ offices statewide and can be found at www.mass.gov/courts/sjc/ Bill Proposes Immigration Rights for Gay Couples Wednesday , June 17, 2009 Bill Proposes Immigration Rights for Gay Couples
Senator Patrick J. Leahy, the Democrat from Vermont who is the powerful chairman of the Judiciary Committee, is adding another controversial ingredient to the volatile mix of an immigration debate that President Obama has said he hopes to spur Congress before the end of the year.
Mr. Leahy has offered a bill that would allow American citizens and legal immigrants to seek residency in the United States for their same-sex partners, just as spouses now petition for foreign-born husbands and wives. The senator has said the bill, known as the Uniting American Families Act, should be part of any broad immigration legislation that Congress considers.
To read the full New York Times article, CLICK HERE.
Winchendon District Court Relocated to Gardner Tuesday , June 16, 2009 Winchendon District Court Relocated to Gardner The Winchendon District Court will relocate at the close of business on Friday, June 19, 2009. It will open on Monday, June 22, 2009, at its new location within the courthouse of the Gardner District Court at 108 Matthews Street in Gardner. The temporary relocation is an expense reduction measure in response to the statewide economic decline which has severely impacted the Commonwealth’s FY10 budget.
The telephone and fax numbers for the Winchendon District Court will not change. The main number for the court is 978-297-0156 and the fax number is 978-297-0161. The Probation office can be reached at 978-297-0158. The new mailing address is 108 Matthews Street, Gardner, MA 01440. Devoted. Decorated. Discharged. Tuesday , June 16, 2009 Devoted. Decorated. Discharged.
Eighteen years in the Air Force. Four-hundred combat hours. Nine air medals. These are some of the accomplishments of my brother, Lt. Col. Victor Fehrenbach. Despite this stellar record, he is getting fired under "Don't Ask, Don't Tell." He was served with a discharge notice last fall. One discriminatory law, "Don't Ask, Don't Tell," will likely end my brother's distinguished career. My family recently signed a petition to urge Air Force Secretary Michael B. Donley to let my brother continue to serve his country. Will you SIGN IT NOW? Of course, my brother is only the latest in a long line of service members who have been fired after years of distinguished service -- all because they're gay. But his story illustrates just how absurd and unfair the law is. It is estimated that the Air Force has spent $25 million training Victor, and he's put that training to good use over the past 18 years. After 9/11, he was hand-picked to patrol the air space over Washington, D.C., to protect the city from further attacks. He was then deployed to Afghanistan and later Iraq. Over the course of Victor's career, he's logged 88 combat missions and won nine air medals -- one of them for Heroism.
Now, he's two years away from retirement -- facing not just the end of his career, but the loss of his pension as well. All Victor wants to do is continue to serve his country. He's ready and willing to deploy again, and serve his country in any way he can. Join my family and me, and sign the petition to Air Force Secretary Donley to let Victor keep his job. Click HERE to sign the petition. Thank you for your support and for all you do in this fight for the freedom to serve. Sincerely, Angela Trumbauer USAF, enlisted August 1985 - March 1990 Honorable Lynda M. Connolly Reappointed Chief Justice of the District Court Monday , June 15, 2009 Honorable Lynda M. Connolly Reappointed Chief Justice of the District Court by Chief Justice for Administration & Management Robert A. Mulligan
Chief Justice for Administration & Management Robert A. Mulligan recently announced the reappointment of Chief Justice Lynda M. Connolly to the District Court for a five-year term, in accordance with G.L. c.211B, §5. Chief Justice Connolly first was named Chief Justice in 2004 and has served the District Court since 1997.
Chief Justice Mulligan said, “I am pleased to announce the reappointment of Chief Justice Lynda Connolly. I am delighted that she is willing to serve another five years in this extraordinarily challenging role leading our largest court department. As Chief Justice, she has demonstrated significant energy and vision in the implementation of many management reforms, using performance-based measures to improve the effectiveness and responsiveness of the court. Chief Justice Connolly’s impressive skills and abilities also have brought cohesion to this large organization of over 1,000 court staff. Despite the tremendous demands upon her as Chief Justice, she has willingly undertaken the additional responsibility of ably co-chairing the Trial Court Fiscal Task Force which has been of substantial benefit to the Trial Court in dealing with the present fiscal crisis.” Chief Justice Mulligan said that Chief Justice Connolly received strong support from judges and attorneys in the District Court. She has received numerous honors, including the Daniel J. Toomey Judicial Excellence Award recently presented by the Massachusetts Bar Association and Massachusetts Lawyers Weekly. Chief Justice Connolly said, “Our accomplishments in the District Court are the result of a remarkable collaborative effort by judges, clerks, probation officers, support staff, security and maintenance personnel. I am grateful to them for their dedication and hard work in putting a face on justice for the people seeking justice in over 800,000 cases filed in the District Courts each year. I appreciate Chief Justice Mulligan’s confidence in their efforts and in mine.” The District Court Department is comprised of 62 Divisions with 158 authorized judicial positions across the Commonwealth. The Massachusetts Trial Court includes seven court departments with 379 judges who deliver justice in 106 courthouses across the state. Special Advisor for Access to Justice Initiatives Appointed Monday , June 15, 2009 Special Advisor for Access to Justice Initiatives Appointed
Supreme Judicial Court Chief Justice Margaret H. Marshall and Chief Justice for Administration & Management Robert A. Mulligan announced the appointment of a new Special Advisor for Access to Justice Initiatives. Housing Court Judge Dina Fein has been named to this new position and will report to Chief Justice Mulligan. Supreme Judicial Court Senior Staff Attorney Sandra Lundy will serve as Deputy Advisor. Judge Fein and Ms. Lundy assumed these additional responsibilities on June 15, 2009. Access to justice has been a major priority for Chief Justice Marshall and Chief Justice Mulligan. The appointment was made in recognition of the critical role of the judicial branch during a challenging economy when data confirm that more people seek recourse from the courts. As social, linguistic, and economic diversity in the Commonwealth grows, as laws become more complex, and as increasing numbers of middle class individuals and the poor represent themselves in legal matters, ensuring court-based access services to litigants is an integral part of the mission of the judicial branch. The Special Advisor will guide and coordinate resources within the Trial Court to broaden access to civil justice for all litigants, including self represented litigants, individuals of modest means, those of limited or no English proficiency, and individuals with mental or physical disabilities. In coordination with Chief Justice Mulligan and the Chief Justices of the Trial Court, Judge Fein will develop long and short range goals, statewide strategies, and best practices to increase access to justice throughout the Trial Court. She will work closely with judges, court personnel, the Massachusetts Access to Justice Commission, bar associations, legal service organizations, law firms, law schools and others to implement access to justice initiatives and protocols. “Access to justice for all -- fair and impartial justice before an independent judiciary -- is a crucial dimension of democracy itself. Massachusetts is among the leading states fully committed to act on the fundamental principle that every resident who seeks justice will have meaningful access to our courts,” said Chief Justice Marshall. “Judge Fein is uniquely qualified by talent, commitment, and experience to work with Chief Justice Mulligan and the Trial Court Chief Justices to build on the Judiciary’s many successful initiatives to keep our courthouses open to all.” Chief Justice Mulligan said, “Difficult economic times provide a greater incentive to expand partnerships with the bar and community organizations to ensure access to justice for all citizens. The Trial Court will benefit from Judge Fein’s able assistance to achieve better use of existing resources, consistent replication of best practices already in place and ongoing accomplishments to assure our progress in this important area. I greatly appreciate the commitment of Chief Justice Steven Pierce and the Housing Court to enable Judge Fein to serve in this key role.” Appointed to the bench in 1999, Judge Fein is presently the First Justice of the Housing Court, Western Division, where she will continue to sit part time. She is a member of the Massachusetts Access to Justice Commission and was formerly a member of the Massachusetts State Planning Board for Civil Legal Services. An adjunct professor at Western New England College School of Law, Judge Fein currently teaches a course on Access to Justice. “Insuring that the promise of justice is accessible to all is a core responsibility of the judicial branch,” said Judge Fein. “The rule of law does not exist for any unless it exists for all. This initiative is intended to support the ongoing efforts of many people in the Trial Court who are committed to fulfilling our core mission. I am deeply grateful to Chief Justice Marshall and Chief Justice Mulligan for their leadership on access to justice and am deeply honored that they have asked me to join in this important work.”
Senior Attorney Sandra Lundy was the staff member for the Supreme Judicial Court’s Steering Committee on Self-Represented Litigants, chaired by Appeals Court Justice Cynthia J. Cohen. In addition to her new assignment as Deputy Advisor with Judge Fein, Ms. Lundy will continue in her role as Senior Staff Attorney at the Supreme Judicial Court. 96,033 Strong Against "Don't Ask, Don't Tell" Monday , June 01, 2009 96,033 Strong Against "Don't Ask, Don't Tell"
Dan Choi, a native of California and an Army Lieutenant, was recently discharged from the military for acknowledging his sexual orientation. An amazing 96,033 people have signed the PETITION from the Courage Campaign and CREDO Mobile asking President Obama not to fire Lt. Choi and to end the "Don't Ask, Don't Tell" policy. To help us build this movement beyond 100,000 signers, please click here to sign now and spread the word by forwarding this message to your friends today. Rick Jacobs Chair, Courage Campaign ACS Releases Two Books on the Constitution Thursday , May 07, 2009 Last Friday, May 1st, which was also Law Day, ACS released two important new books that will shape debate on what the Constitution means and how to interpret it. At a National Press Club event, two of the authors and one of the editors, as well as a leading conservative exponent of originalism, debated the ideas presented in a lively panel discussion. Click here to view video of the discussion.
The lead book is Keeping Faith with the Constitution, written by constitutional scholars Goodwin Liu, Pamela S. Karlan and Christopher H. Schroeder. It examines the text and history of the Constitution to show how the Framers inscribed the fundamental values of liberty, equality and democracy into the document. The authors articulate what they call "constitutional fidelity," a principle that "serves not only to preserve the Constitution's meaning over time, but also to maintain its authority and legitimacy, a vision of the Constitution and an approach to interpretation that is faithful to the words of the document and at the same time has enabled the Constitution to retain its relevance for each new generation of Americans." A companion volume, It Is a Constitution We Are Expounding: Collected Writings on Interpreting Our Founding Document, was edited by Pamela Harris and Karl Thompson, with a foreword by Professor Laurence H. Tribe. The books and the ideas contained within are sure to play an important role in upcoming debates over the next Supreme Court nominee. For more on this, see Professor Geoffrey Stone's article on Huffington Post. In addition, ACS has created a Web page from which you can download the books and supporting materials. Click here to visit that page. SpeakOUT Gets New Administrative Director Friday , April 24, 2009 SpeakOUT is excited to welcome Marta Rivera Monclova (formerly Marta Rivera Paczynska) to the SpeakOUT family. We also thank Ellyn Ruthstrom for all her hard work and look forward to continuing to work with her as a speaker, and we wish her luck in all her future endeavors.
Marta is completing a doctorate in English Literature at Tufts University with a focus in contemporary Puerto Rican literature, family, and sexuality. She has been a teacher, a farm-hand, a touring cyclist, and an IT professional, and currently serves on the Massachusetts Commission for GLBT Youth. Marta will be keeping office hours during the day Mondays and Thursdays, and can arrange other hours as needed. The office number remains the same 617.238.2470 and Marta can now be reached at info@speakoutboston.org Vermont Legalizes Same-Sex Marriage Friday , April 17, 2009 The MLGBA is thrilled that Vermont has become the second state in a week to legalize same-sex marriage! Congratulations to MassEquality, GLAD, and others for their tremendous work in knocking down yet another obstacle for marriage equality in New England!
MLGBA Celebrates Same-Sex Marriage as Law of Land in Iowa Friday , April 03, 2009 MLGBA is thrilled to hear that after Massachusetts and Connecticut, Iowa now joins the jurisdictions with full marriage rights for all of its constituents. A unanimous Iowa Supreme Court found that same-sex couples were entitled to the same rights and responsibilities as other couples in Iowa. This is a victory for fairness, tolerance, and families of all stripes. We are also very pleased with the continued progress within the Vermont Legislature in passing a fair-minded equal-marriage bill. Now having passed the Vermont Senate and now House the equality bill moves to Governor Douglas' desk. We hope that Governor Douglas reconsiders his threatened veto and instead chooses to embrace the equality that a vast majority of Vermont legislators and its constituents envision for all of its citizens. Brennan Center for Justice Sunday , March 15, 2009 The Brennan Center for Justice at the New York University School of Law presents the Improving Judicial Diversity report.
Renew Your Membership! Wednesday , March 11, 2009 A very sincere thanks to those of you who have renewed your MLGBA membership. Your continued support is appreciated!
For those of you who have not renewed, RENEWING IS EASY! Just go to www.mlgba.org and click on Registering & Renewing and follow the step-by-step instructions. Any questions? Please contact Sue at mlgba.adminassistant@gmail.com News from The National LGBT Bar Association Tuesday , March 10, 2009 At the 2009 American Bar Association’s Midyear Meeting, the ABA House of Delegates approved a policy recommendation to support the Uniting American Families Act (UAFA). The UAFA would allow a person to sponsor his or her same-sex partner for permanent residence in the United States. This marks the first time the ABA has come out in support of multinational LGBT couples.
The National LGBT Bar Association applauds the House of Delegates’ strong message of equality and would like to thank Individual Rights and Responsibility (IRR) Co-Chairs Patrick McGlone and Courtney Joslin and IRR Delegate Mark Agrast for this important victory. The IRR Committee’s recommendation can be found here: ABA Uniting American Families Act Recommendation MCCA Lloyd M. Johnson Scholarship The Minority Corporate Counsel Association’s Lloyd M. Johnson, Jr., Scholarship Program provides scholarship support for newly entering first year law students. The Scholarship Program will provide 10 scholarships at $10,000 per year for up to three years. The total commitment per student is up to $30,000. In addition, several students will also receive a one-time award of $10,000 to assist with their first year expenses. MCCA intends to foster mentoring opportunities for the selected scholars as well as assist in the placement of the winners in paid summer internship positions with corporate law departments during the summer immediately following successful completion of their first year of law school. For more information, including eligibility requirements, please visit: MCCA Lloyd M. Johnson Jr. Scholarship. Jeremy D. Protas, an attorney with the intellectual property law firm of Marshall, Gerstein & Borun LLP, has announced the establishment of a Patent Law Scholarship specifically for LGBT law students intending to pursue a legal career in the field of patent law. Candidates must be second-year students for the 2009-2010 academic year at an American Bar Association-accredited law school, and be eligible to sit for the Patent Bar Exam. Applications for the $1,000 scholarship are due by July 31, 2009. Applications and information can be found here: LGBT Patent Law Scholarship. The American Bar Association Section of Litigation has launched a new website for the LGBT Litigator Committee. The National LGBT Bar Association encourages those interested in the Committee’s mission (“to help educate the Section on issues of concern to LGBT litigators and to provide resources, including educational and networking opportunities to litigators concerned with issues relating to LGBT people, and to promote policies enhancing the full participation of LGBT people within the legal profession”) to consider joining the committee. For more information, please visit: LGBT Litigator Committee. Wisconsin Governor Proposes Domestic Partnership Registry In his budget proposal, Governor Jim Doyle proposed the creation of a statewide domestic partnership registry, similar to those already in effect in Dane County and Madison. The proposal would require counties to set up a registry for domestic partners living in a committed relationship and would grant partners legal rights of visitation in hospitals, power to make end of life decisions, and the right to inherit property, pensions and benefits. The budget must now be approved by the Democratic-controlled legislature. To view the Governor’s complete budget proposal, please visit: Governor Doyle's Budget Proposal. MTLA Seeking 1Ls and 2Ls Passionate about Justice for Transgender People Thursday , February 26, 2009 Seeking 1Ls and 2Ls Passionate about Justice for Transgender People
Massachusetts Transgender Legal Advocates is a small group of law students and lawyers committed to addressing the needs of low income transgender people in Massachusetts. Our advocates come from a variety of backgrounds and a variety of law schools. MTLA recognizes that a lack of public awareness about trans people can make it difficult to navigate the legal system. Our legal team is composed of trans folks and their significant others, family, and friends. Whether it involves talking a client through a process, helping someone to find an attorney he or she can afford, or addressing an issue ourselves, MTLA will do what we can to address our clients' legal needs. Once each year, MTLA seeks applications from candidates who want to become volunteer law student advocates. Advocates have opportunities to work on a variety of types of cases. Some advocates choose to focus on areas of the law with which they are most familiar, while others use their commitment to MTLA to try something new. Our advocates have won our clients settlements, represented clients in court, and in administrative hearings. One of MTLA's strengths is a flexibility and willingness to address clients' needs where they are. This also translates into flexibility for advocates to take on the kinds of legal work in which they are most interested. If you are interested in joining Massachusetts Transgender Legal Advocates, please feel free to ask any questions you may have by emailing transgenderlegaladvocates@ More information is available at transgenderlegaladvocates.org. The application for new advocates is available at that site. 104 Legislators Co-Sponsor Transgender Non-Discrimination Bill! Wednesday , February 11, 2009 On February 11, 2009, An Act Relative to Gender-Based Discrimination and Hate Crimes was introduced with 104 original co-sponsors, including majorities in both the House and the Senate. You can find out if your legislators co-sponsored this important piece of non-discrimination and hate crimes legislation by visiting the Massachusetts Transgender Political Coalition. If your legislators are co-sponsors of the bill, we encourage you to call and thank them for standing on the side of equality.
More information about An Act Relative to Gender-Based Discrimination and Hate Crimes is available here. SJC Steering Committee on Self-Represented Litigants Sunday , February 01, 2009 Supreme Judicial Court Public Information Office - Supreme Judicial Court Steering Committee on Self-Represented Litigants Presents Final Report and Recommendations to Justices
The Justices of the Supreme Judicial Court recently received the Final Report and Recommendations of the Court's Steering Committee on Self-Represented Litigants and praised the Steering Committee for its dedicated work and implementation of major initiatives during the past six years. The Justices are in the process of reviewing the 43-page report with action expected to be taken this spring on several key recommendations.
It is estimated that 100,000 litigants represent themselves in civil matters in Massachusetts, but the number of self-represented litigants is increasing both in the Commonwealth and nationwide. "Full access to justice for every person in the Commonwealth is an imperative of our Massachusetts and Federal Constitutions. The Steering Committee's Final Report underscores our courts' robust pursuit of this core democratic principle," said Supreme Judicial Court Chief Justice Margaret H. Marshall. The Justices commend the Final Report and Recommendations, and extend our profound gratitude to the members of the Steering Committee and its exceptional Chair, Appeals Court Justice Cynthia J. Cohen, for their vital service on behalf of the people of the Commonwealth."
The Steering Committee on Self-Represent Litigants Final Report and Recommendations can be found on the Court website at www.mass.gov/courts/sjc. New Congress Sworn In. Let Them Know You Care About ENDA Sunday , February 01, 2009 On January 6th, Members of Congress raised their right hands and swore to uphold the Constitution as they began the new legislative session. Let's make sure they hear about the importance of an Employment Non-Discrimination Act (ENDA) that protects all lesbian, gay, bisexual and transgender people. In D.C., make their phones ring!
Call the Capitol switchboard at (202) 224-3121 and have them connect you to your Representative (based on your zip code). Tell them: "I am a constituent and I would like you to please tell Representative _______ that I strongly support the Employment Non-Discrimination Act that would ban discrimination against all lesbian, gay, bisexual and transgender people." Then, call back and leave messages with your two Senators, too! At home, set up a visit! Request an in-person meeting for you and other community members with your two Senators and your Representative (or their staffs) in their home district offices. You can call the district offices to request these meetings but they often want you to fax a meeting request. To find contact information for district offices, go to www.senate.gov and www.house.gov. Sample meeting request letters, and other talking points and resources for your meetings, are available from our United ENDA coalition partners: The Task Force ENDA Grassroots Toolkit, National Center for Transgender Equality's Making Your Voice Heard, and PFLAG's Bringing the Message Home. Let us know! Let us know how your meeting went. Download the Visit Report Form to tell us whether your Representative and Senators expressed support. MLGBA Demands Transparency in MBA Termination Tuesday , January 13, 2009 Attached you will find a letter our Board sent to the MBA regarding the recent termination of Marilyn Wellington as Executive Director. We took this action after much deliberation and discussion last week. The MBA has just provided us with a response letter that we believe is quite deficient. A copy of the response letter is also attached hereto. Thus far, Lawyers Weekly has posted online articles outlining this exchange. Suffice to say, the MLGBA Board is concerned about serious issues raised by Marilyn Wellington and the subsequent actions taken by the MBA. We are monitoring the situation closely and will respond with what we believe to be in the best interests of our membership and in fulfillment of our fiduciary duties as an affiliated bar member of the MBA House of Delegates. We will certainly keep our members timely informed and greatly appreciate the confidence you have instilled in our Board. Very truly yours, David W. Eppley and Jane A. Rothchild, MLGBA Co-Chairs Click here for the MLGBA letter to the MBA. Click here for the MBA Response to the MLGBA's letter. Stonewall Communities Social 401(k) Sunday , January 04, 2009 Stonewall Communities, is creating a vision for older LGBT people and we are offering you an opportunity to invest in your future. As you know, a 401(k) is a retirement savings plan with tax-deferment included as an incentive to participate. What's a Social 401(k)? It is not a financial investment vehicle. It is an investment of your time, energy and support in building a strong network of friendships, learning experiences, new opportunities, and fun -- and it pays back dividends now and in the future!
At Stonewall Communities, we believe that individual financial security is important but not enough. At Stonewall Communities, our Lifelong Learning program builds community and visibility for older LGBT people. It keeps people connected to each other and to the broader community, physically and mentally active, informed, and grounded in their passions and zest for life. People of all ages and backgrounds are reaping the rewards of what we are doing, which is why I am asking you to make a tax-deductible contribution to Stonewall Communities today.
Become a member with an annual tax-deductible membership of just $35, or make a larger contribution to ensure our Social 401(k) will still be there when you need it in the future. Attend an educational event with a friend, lend your time and talents, facilitate a study group, or volunteer to help us with fundraising, communications or our web site. Spread the word to friends and colleagues about the groundbreaking work that Stonewall Communities has been doing for the LGBT community in Greater Boston and tell them about our Social 401(k). Just like a traditional 401(k), your contribution to Stonewall Communities is an investment in your future that is tax-deductible NOW. Also, your employer may match your contribution, doubling its value to us. Please make a contribution now. Send your check or visit our web site at www.StonewallCommunities.org. Thank you in advance for your generous tax-deductible gift today, which will help us reach out to LGBT seniors, expand our programs, and launch Stonewall Connections, our services network. Click here to make a donation. Renew Your Membership Friday , December 19, 2008 It's time again to renew your membership in the Massachusetts Lesbian & Gay Bar Association. This coming year marks the twenty-fourth anniversary of MLGBA and we are proud to continue with our largest membership numbers in our history!
So, don't miss out on our enhanced member services: Ø an interactive web site that will help you stay plugged-in; Ø a members-only web resource to keep you connected to other members; Ø regular networking and social events to bring us together and to have fun; Ø continuing our cutting edge legal education forums; Ø legislative support for important matters such as greater Transgender rights; Ø broader partnership roles with MassEquality to preserve our marriage rights; Ø joint bar membership with the MBA and the BBA at a reduced membership fee; Ø career and volunteer opportunities posted on our website; and Ø an MLGBA administrative assistant to provide you with up to the minute information about our activities and how to get involved. NUMBERS DO MATTER! Part of the strength of MLGBA comes from our numbers. Hundreds of GLBT member attorneys and our supporters across Massachusetts work every day in a multitude of practice settings. It is our unique perspective coupled with our legal skills that help achieve justice and social change. RENEWING IS EASY! Just go to www.mlgba.org and click on Registering & Renewing and follow the step-by-step instructions. Any questions? Please contact Sue at mlgba.adminassistant@gmail.com THANK YOU for showing your support for the hard work of the Board and countless volunteer members by renewing your membership. MLGBA is a premier Bar Association playing a pivotal role in the development of laws that affect each of our lives. While we have a lot to be proud of in 2008, every year brings more challenges for our community to overcome. We need each of you to renew your membership to ensure our voices will continue to be heard and have an impact. David W. Eppley News from the Supreme Judicial Court Sunday , November 09, 2008
Courting Equality Sunday , October 12, 2008 Dear Equality Allies, With the support of our good friends at Two Rivers Circle and Aboriginal Lens, we now have a Courting Equality video. This 5-minute documentary about marriage equality, based on our book, includes new images from Marilyn Humphries and connects the marriage victory in Massachusetts to the fight to defeat Proposition 8 in California.
We hope you will share this video with friends and family fighting for marriage equality across the country -- but most importantly with those trying to preserve the California court victory in November.
You can also download the video with Quicktime from
our website. If you are in a state with a referendum on the November ballot, show this video at house partiers, your house of worship, local coffee house, or to community organizations.
In the coming months, we'll be posting additional videos, including the stories of families who are featured in Courting Equality. With the five-year anniversary of the Goodridge decision quickly approaching, we hope to make www.youtube.com/
Thanks for all your support. May a new era begin on November 4th.
Karen and Pat
PS: Please donate to "Vote No on Proposition 8" to help California save marriage equality.
Visit our new YouTube channel: www.youtube.com/ Williams Institute Study Saturday , October 11, 2008 Recently, the Williams Institute released a new study finding that offering health and other benefits to the same-sex partners of federal employees would add $41 million to the federal budget in the first year of coverage. During a Senate hearing recently on S.2521, "The Domestic Partnership Benefits and Obligations Act," held by the Committee on Homeland Security and Government Affairs, Committee Chairman Senator Joseph Lieberman praised the Williams Institute study, encouraged all committee members to read it, and entered it into the official record. See Press Release or Full Report US Ban on Visitors with HIV Could End Soon Thursday , July 17, 2008 US ban on visitors with HIV could end soon By JIM ABRAMS Associated Press Writer WASHINGTON (AP) - A two-decade ban on people with HIV visiting or immigrating to the United States may end soon through a Senate bill aimed at fighting AIDS and other diseases in Africa and other poor areas of the world. The U.S. is one of a dozen countries - including Sudan, Saudi Arabia, Libya and Russia - that ban travel and immigration for HIV-positive people. Even China, said Sen. John Kerry, D-Mass., recently changed that policy, deciding it was "time to move beyond an antiquated, knee-jerk reaction" to people with HIV. "There's no excuse for a law that stigmatizes a particular disease," Kerry said Tuesday at a speech to the Center for Strategic & International Studies HIV/AIDS Task Force. Even people with avian flu or the Ebola virus have an easier time than those with HIV when it come to applying for visas, he said. Kerry and Sen. Gordon Smith, R-Ore., are trying to repeal the ban, first implemented in 1987 and confirmed by Congress in 1993. The two have attached their measure to legislation - which the Senate may pass this week - that would provide $50 billion over the next five years to fight AIDS and other diseases in Africa and other poor areas. Foreign citizens, students and tourists can apply for a difficult-to-obtain special waiver for short-term visits, but an HIV-positive person has little chance of obtaining permanent residency. Under current law, HIV is the only medical condition explicitly listed under immigration law. The Kerry-Smith provision would make HIV equivalent to other communicable diseases where medical and public health experts at the Health and Human Services Department - not consular officials at U.S. embassies - determine eligibility for admission. Those with HIV seeking legal permanent residency would still have to demonstrate they have the resources to live in this country and would not become a "public charge." The HIV ban was "adopted during a time of widespread fear and ignorance about the HIV virus," said Allison Herwitt, legislative director of the Human Rights Campaign, the nation's largest gay and lesbian civil rights group. Among the consequences, experts on HIV and AIDS who are themselves infected have been unable to attend conferences in the U.S. Students and refugees in the country who may be at risk of infection have been reluctant to seek testing or treatment. "Health care professionals, researchers and other exceptionally talented people have been blocked from the United States," some 160 health and AIDS groups said recently in a letter urging Congress to end the current policy. "Since 1993, the International Conference on AIDS has not been held on U.S. soil due to this policy." Herwitt said some HIV-positive people seeking visas lie on their applications and then don't bring their medications. "It's not only wrongheaded and discriminatory, but can also cause people to not tell the truth." Both President George H.W. Bush and President Clinton sought to ease the policy and in 2006 the current President Bush asked the Homeland Security Department to streamline the waiver process. Congress so far has not gone along. There's still opposition. Sen. Jeff Sessions, R-Ala., may offer an amendment to eliminate the Kerry-Smith provision from the Senate bill. Sessions cited Congressional Budget Office estimates that the new immigrants coming in under the relaxed policy could cost the government more than $80 million over a 10-year period. "Most people just don't want to talk about that." Sessions said the Health and Human Services Department already has considerable flexibility to grant entry visas. The measure would offset the costs of new immigrants by raising the price of applying for a visitor's visa by $1 for three years and then $2 for the next five years. The House version of the Africa AIDs bill does not have the travel and immigration provision, but advocates said it will be included in the final version of the bill that goes to the president. Rep. Barbara Lee, D-Calif., is sponsoring companion legislation in the House. The Africa AIDS bill is S. 2731. Lawyers Weekly Teams with MLGBA to Benefit Gray Scholarship Thursday , July 10, 2008 Dear MLGBA Member, We are pleased to remind you of a new benefit that Lawyers Weekly is offering our members – participation in the Massachusetts Lawyers Weekly's Charitable Donation Program.
For every person, firm or organization who renews a current subscription for one year or signs up for a new Massachusetts Lawyers Weekly subscription, Lawyers Weekly will donate $50 to the MLGBA Alexander G. Gray, Jr., Scholarship Fund. There is no additional cost to the subscriber and the benefits for the Gray Scholarship Fund are enormous.
In addition to receiving your own copy of Lawyers Weekly for $330 a year (20% off the newsstand rate), you will also get:
• Free online access to all newspaper content with searchable archives. • Free daily email alerts with the day's important decisions from Massachusetts state courts, agencies and federal courts.
• Free weekly practice-area email alerts tailored to your special area of practice. • Free access to the full text of hard to find bills, laws, briefs and other documents referenced in Lawyers Weekly. We hope that you will take advantage of Lawyers Weekly's generous offer. To take advantage of it, please use our charitable campaign code -- D8FMLG -- when you renew or subscribe so Lawyers Weekly properly directs their donation to the Gray Scholarship Fund. You can utilize the attached form to participate. If you have any questions, please contact Gray Scholarship Committee Chair Polly Crozier at polly@kauffmanlaw.net.
Happy Summer and Many Thanks, MLGBA
New York to Back Same-Sex Unions From Elsewhere Tuesday , June 03, 2008 New York to Back Same-Sex Unions From Elsewhere By JEREMY W. PETERS, Published: May 29, 2008, New York Times ALBANY — Gov. David A. Paterson has directed all state agencies to begin to revise their policies and regulations to recognize same-sex marriages performed in other jurisdictions, like Massachusetts, California and Canada. See the full text of this article by clicking on http://www.nytimes.com/2008/05 Knowledge is Survival Wednesday , March 26, 2008 by Liz Monnin-Browder and Richard Juang Massachusetts Transgender Legal Advocates (MTLA)—Massachusetts’ only free legal clinic dedicated to serving low-income transgender people—needs your help. Please consider signing up as a consultant to share your legal expertise with the clinic’s law student advocates. Your participation will help ensure MTLA’s sustainability and success. Since opening the clinic in January, the all-volunteer law student advocates of MTLA have handled a high caseload. We are seeking attorneys in all areas of law to add to our consultation list to provide us with legal support and advice. If we can call on you when we have a legal question, please email your name, email, phone number, and area of legal expertise (e.g. immigration, family law, employment, housing) to transgenderlegaladvocates@gmail.com (or leave us a voicemail message at 617-450-1353). Our transgender clients face a wide range of serious legal challenges, both related and unrelated to gender identity. If MTLA can turn to you for consultations and legal advice, what you know might mean housing instead of homelessness, stability instead of poverty, and safety instead of violence. MTLA is a joint project of TransCEND (a project of Cambridge Cares about AIDS), AIDS Action Committee of Massachusetts, and the Massachusetts Transgender Political Coalition. An Update on the Alexander G. Gray, Jr. Scholarship Fund Wednesday , March 26, 2008 by Polly Crozier Donations to the Gray Scholarship Fund are now fully tax deductible. The Massachusetts Bar Foundation, a charitable, non-profit organization under the IRS code 501(c)(3), is serving as the fiscal agent for the Alexander G. Gray, Jr. Scholarship Fund. As such, all contributions to the Fund are tax-deductible to the extent allowed by state and federal law, and receipts will be issued for all gifts. Please visit the MLGBA website today to make your contribution to the Fund. The Alexander G. Gray, Jr., Scholarship Fund honors Alec Gray’s outstanding work as a lawyer and his dedication to MLGBA, particularly his mentorship of new lawyers. Alec was a dynamic and important contributor to the work of MLGBA. He served on the MLGBA Board from 2002 until 2005. He was an energetic participant in the mentor program. He took seriously the task of mentoring LGBT law students and new lawyers and developed lasting relationships with those individuals whom he mentored. Alec will long be remembered for his dedication to public service, his advocacy on behalf of children, and his deep commitment to all that he undertook. Each year, in Alec’s memory, the Fund presents a $1,000 award to a law student who demonstrates a proven commitment to and involvement in the LGBT community, as well as leadership, maturity and responsibility. The award helps law students defray the costs of their legal education. By making a gift, you will honor Alec’s life and work, and you will signal your commitment to the next generation of lawyers committed to LGBT equality. If you have any questions about the Gray Scholarship Fund or how to make a gift, please visit the MLGBA website or contact Polly Crozier at (617) 577-1505 or polly@kauffmanlaw.net. Thank you for your support. MTLA Reaches Out For Advocates Monday , February 18, 2008 Knowledge is Survival Massachusetts Transgender Legal Advocates (MTLA)—Massachusetts’ only free legal clinic dedicated to serving low-income transgender people—needs your help. Please consider signing up as a consultant to share your legal expertise with the clinic’s law student advocates. Your participation will help ensure MTLA’s sustainability and success. Since opening the clinic in January, the all-volunteer law student advocates of MTLA have handled a high caseload. We are seeking attorneys in all areas of law to add to our consultation list to provide us with legal support and advice. If we can call on you when we have a legal question, please email your name, email, phone number, and area of legal expertise (e.g. immigration, family law, employment, housing) to transgenderlegaladvocates@gmail.com (or leave us a voicemail message at 617-450-1353). Our transgender clients face a wide range of serious legal challenges, both related and unrelated to gender identity. If MTLA can turn to you for consultations and legal advice, what you know might mean housing instead of homelessness, stability instead of poverty, and safety instead of violence. MTLA is a joint project of TransCEND (a project of Cambridge Cares about AIDS), AIDS Action Committee of Massachusetts, and the Massachusetts Transgender Political Coalition. The Benefits of Mentors and Mentees Wednesday , December 05, 2007 by Emilie Kramer The following excerpts were submitted from one mentor/mentee pairing through the MLGBA Mentor Program. We strongly encourage all lawyers and law students to seek out mentoring relationships. If you would like to participate in the MLGBA Mentor Program, please contact Emily Kramer at emiliekramer@yahoo.com A Mentor’s Perspective: Scott D. Pomfret MLGBA Mentor, United States Securities and Exchange Commission When I was a summer associate at Ropes & Gray, there was an out lesbian litigator named Deb Levi who never thought twice about bringing her partner (later wife) Francoise to firm functions. I joined the MLGBA mentor program for a simple reason: I wanted to be Deb. Not that I am discontented being a gay man, but Deb was smart, brave, fun, and a terrific lawyer. She blazed a trail for me at the firm and never failed to offer helpful advice. And it didn’t hurt that she and Francoise were fabulous cooks and wine geeks to boot. Over the past few years, I have had three mentees, each of whom is familiar to MLGBA regulars: Tony Wright, John Koss, and Dan Levin. Each has become a friend. I have met their husbands (or, in the case of John, romantic partners of somewhat shorter duration!) and enjoyed a few meals and not a few drinks. For me, the reward has been meeting this new generation of Deb Levis -- smart, funny and ambitious. Dan, for example, caused me to reflect on my own career as he was facing choices about what area of the law to focus on, what city to live in, and what firms to apply to. I hope I offered him sage advice (such as, “Don’t make the same mistakes I made!”). For me, the mentor program is a pleasant obligation I inherited from Deb (who sadly has since died of cancer). To the extent I offer any help to my mentee, I figure it contributes to a tide that lifts all (gay) boats, by helping our members achieve positions where they in turn can help others.
A Mentee’s Perspective: Daniel Levin, MLGBA Mentee JD Candidate, 2009 Boston University School of Law I joined the MLGBA in order to become a part of the Massachusetts LGBT legal community. While I immediately began attending MLGBA events and meeting people, I viewed the MLGBA Mentor Program as the best way to get to know an attorney practicing in an area of law that interested me. The program connected me with Scott Pomfret, an attorney for the U.S. Securities and Exchange Commission, whose work enforcing the federal securities laws matched my interest in financial law. Scott is an extraordinarily dedicated mentor and adviser. I turned to him as I took my first law school exams, selected classes for my second year and searched for summer internships. With Scott's invaluable assistance, I spent my first summer as an intern in the SEC's Boston office where he personally made sure I always had good, substantive work to do. My internship experience, Scott's recommendation and his insights about potential employers also greatly contributed to a successful job search for my second summer. I am extremely grateful to have Scott as a mentor and a friend and cannot thank MLGBA enough for its fantastic program. WITHER THOU GOEST, MASSEQUALITY Tuesday , October 23, 2007 By Katherine Triantafillou, MLGBA representative to MassEquality Board
The odd thing about winning the con-con vote on marriage equality is that it has generated among some a conversation about the future of MassEquality. For those who have been watching the machinations of the Board of Directors of MassEquality, this conversation is particularly disquieting because there is so much left to do about marriage equality, besides defeat the referendum. For example, there still is the dreaded 1913 law preventing many from getting married in Massachusetts, there are scores of laws related to marriage that need revision and there are those wonderful legislators who switched their vote that need our help. So, what's to talk about except making a list of things that need doing and assigning tasks, now that we've "won?"
Unfortunately, there are some in the organization who feel we have accomplished our mission and therefore should declare victory and go home. This is based on the following provision of the by-laws: "MassEquality.org, The Campaign for Equality, Inc. is a coalition of local and national groups dedicated to ensuring that the Massachusetts Supreme Judicial Court decision on marriage is upheld, and anti-gay marriage amendments or legislation are defeated."
There are several "core partners" in the Coalition, including MLGBA which have seats on the Board. Others include GLAD, ACLU, Freedom to Marry, Freedom to Marry Foundation, NGLTF, HRC, MGLPC, Bisexual Resource Center, Western Mass. Political Alliance, NOW and JALSA. The rest of the Board is made up of at-large members with no particular organizational designation. Both the organizational makeup of the Board and the by-laws help create a conundrum of intentions that contribute to the perception of paralysis currently gripping MassEquality as it considers future directions. MLGBA, to be sure, has gone on record several times to support both a larger mission for the organization and a longer life. However, this position is not shared by enough members of the Board/Coalition partners and thus we engaged in a journey of self-identification with a facilitator.
In addition, there have been online surveys to the membership and on Monday, October 15, 2007 a "World Café," that was open to members of the community. Approximately 100 participants gathered at 10 tables to share their thoughts as they answered the question of what should become of MassEquality and given the answers to the first question, what are their concerns. It was an amazing evening! Co-Chair Christina Miller was participated on behalf of MLGBA, as did MLGBA Board Member David Eppley. Former MLGBA co-chair John Affuso also attended.
Uniformly, participants thought that MassEquality ought to continue as a statewide organization with a broader mission, especially through the 2008 election cycle. Many people talked about MassEquality as the first truly effective grassroots political organization with special expertise that ought to be shared with other states, but that its focus should remain in Massachusetts. Some expressed concern about what funders would fund and whether expanding the mission would dilute the organization's effectiveness or duplicate other organizational efforts.
The result of both the online survey and the forum will be made available to the Board of Directors of MassEquality at its next planning session on October 24, 2007. The goal of the Board is to complete its deliberations at an all day session on November 3, 2007. Hopefully, the additional data from the survey and the forum will help influence those on the Board who feel that our mission has been accomplished, and the answer to the question "wither thou goest" will be boldly into the future.
NB: Please remember these legislators with a note of thanks and a gift of money over the holidays:
Paul Kujawski Angelo Puppolo Robert Nyman Michael Morrissey Sal DiMasi James Vallee Brian Wallace Therese Murray Richard Ross Paul Loscocco Geraldo Alicea Christine Canavan Gale Candaras Deval Patrick
** Click Here for Address Information MLGBA Co-Chair Appointed Chief of District Courts Tuesday , September 11, 2007 On behalf of the entire MLGBA Board, MLGBA membership, our community and friends, please join us in congratulating and saluting CHRISTINA MILLER on her new position AND being named by Lawyers Weekly as one of the 15 Rising Star's of the bar. As one of MLGBA's co-chairs for the past 2+ years, we already know how fabulous Christina is and all that she has done for our community and we can not be more thrilled to announce her recent successes. For more information on her new position, please see the press release below. In addition, for information on how you can join your friends in celebrating Christina's stardom in the legal community, information about an upcoming reception is included. Read more about it on the Suffolk County's District Attorney's Press Office. Lawyers Weekly Cocktail Reception to Celebrate Christina's Stardom: For information go to: http://events.lawyersweekly
Please join us at Lawyers Weekly's Annual Networking Cocktail reception as we salute 15 rising stars of the bar! MLGBA, As Amicus Curiae, Plays Role In Clarifying Employment Law Friday , August 10, 2007 by Patricia Washienko Background In 1998, the MCAD found that the Trustees of Health and Hospitals (THH) discriminated against five African-American women in the manner in which it laid them off (according to the evidence, "like criminals"), in contrast to its treatment of its other (white and/or male) employees selected for layoff at the same time. Coney et al. v. T'ees Health & Hospitals, 22 MDLR 190 (1998). In May 2002, the Full Commission affirmed the finding of discrimination. Coney et al. v. T'ees Health & Hospitals, 24 MDLR 140 (2002). In June 2002, THH filed an administrative appeal of the agency's decision to the Superior Court pursuant to G.L. c. 30A. On February 19, 2004, the Superior Court overturned the MCAD's decision on the grounds that the MCAD erred as a matter of law in determining that there were other employees, outside the protected categories (of race and gender), who were "similarly situated in all relevant respects" so as to make out a prima facie case of race and gender discrimination. The MCAD and the Complainants appealed. In December 2005, the Appeals Court reversed the decision of the Superior Court. T'ees Health & Hospitals v. MCAD et al., 65 Mass. App. Ct. 329, 839 N.E.2d 861 (2005). The Appeals Court held that, contrary to the decision of the Superior Court, the Complainants had indeed established a prima facie case of discrimination, in that (among other things) they established that they were treated more poorly than "all potential comparators." THH then sought, and the SJC granted, further appellate review, on the issue. Amicus Curiae Brief As part of a coalition of other civil rights and individual rights organizations in Massachusetts, MLGBA urged the SJC to affirm the decision of the Appeals Court. First, amici argued that the Appeals Court correctly understood (and the Superior Court misunderstood) that Matthews v. Ocean Spray Cranberries, 426 Mass. 122, 129 (which opines that a comparator should be similarly-situated in "all relevant respects") DOES NOT REQUIRE a comparator to be IDENTICAL; that there will be certain circumstances in which "all relevant respects" will mean something other than "similarly situated in performance, qualifications, and conduct" (a general standard referred to in Matthews v. Ocean Spray); and that, in certain circumstances, all other employees may, indeed, be proper comparators. More broadly, amici urged the SJC to clarify that comparators are NOT required to establish a prima facie case of discrimination in all circumstances, and to reaffirm that the application of the burden-shifting framework set out in McDonnell-Douglas was meant not as a trap to weed out plaintiffs but rather as a tool to aid victims of unlawful discrimination prove their cases in the absence of an admission of discriminatory animus (which courts have recognized is rare). The Decision
In the decision, which issued on August 10, 2007, the SJC did all that, and more. With regard to the case at issue, the SJC vacated the decision of the Superior Court and affirmed the decision of the MCAD, that the five African-American women had, in fact, been unlawfully discriminated against as they were laid off. In doing so, the SJC also clarified (as amici had urged) that comparators need NOT be identical, but merely similarly situated in relevant respects; that in some cases, comparators may not be necessary at all to the proof of discrimination; and that the McDonnell-Douglas burden-shifting paradigm is not the only way to prove a case of unlawful employment discrimination. Moreover, the SJC also confirmed that, under the burden-shifting framework, the employer's failure to proffer credible evidence of its purportedly legitimate, non-discriminatory reasons for disparate treatment entitles plaintiffs to prevail. The SJC also confirmed that discriminatory animus may be inferred when the employer's proffered reasons for its disparate treatment of employees is shown to be false. In sum, the decision will likely aid countless victims of unlawful discrimination in proving their cases. In its decision, the SJC specifically acknowledged the brief of amici curiae. We encourage you to review the full decision, which may be found by using this link. MLGBA Pro Bono Initiative Monday , April 30, 2007 The MLGBA is introducing a new pro bono program for all attorneys and law students interested in working on behalf of low-income GLBT victims of domestic violence as well as representing clients of the AIDS Action Committee. There is great need for attorneys who practice in all areas of the law, including, but not limited to: bankruptcy, estate planning, housing law, guardianship, family law, employment law, restraining orders and/or immigration. At this time the MLGBA plans to partner with the GLBT Domestic Violence Attorney Program (GLBT DVAP) and the Legal Task Force of the AIDS Action Committee of Massachusetts as both programs work to expand legal services for their respective clients. The GLBT DVAP is supported by the Gay Men's Domestic Violence Project, The Network/La Red, and the Violence Recovery Program at Fenway Community Health. The Legal Task Force of the AIDS Action Committee of Massachusetts provides direct services to those living with and/or impacted by HIV/AIDS. Training for attorneys and law students and training materials will be available. If you are interested in participating and would like more information, please contact Wayne Thomas at the GLBT Domestic Violence Attorney Program at 617-779-2130 or by e-mail at wthomas@gmdvp.org. Back to Home Page |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|