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Judge Halts Deportation of Henry Velandia

Josh & HenryHenry Velandia and Josh Vandiver, a binational same-sex married couple from New Jersey whose case has been in the spotlight in recent days, can stay together. A judge has temporarily halted deportation proceedings, the AP reports:

Judge Alberto Riefkohl granted an adjournment of the case Friday in a Newark immigration court.

At issue is who can be considered a spouse under federal law.

Velandia is a 27-year-old professional salsa dancer and Vandiver is a 29-year-old graduate student at Princeton University. They were married last year in Connecticut, where same-sex marriage is legal.

According to tweets from activist group GetEQUAL, deportation proceedings have been postponed until December.

The judge's order comes a day after Attorney General Eric Holder vacated another immigration case based on questions over DOMA.

More form Chris Geidner at MetroWeekly...

Of the reasons, Soloway says, "The first reason that he granted an adjournment was that the I-130 petition filed by Josh for Henry was still pending and he felt that it was appropriate to let the U.S. CIS to adjudicate that petition, and that it would be inappropriate to move forward until that happened."

The second reason the judge cited, Soloway says, was Holder's May 5 decision to vacate a decision by the Board of Immigration Appeals related to the application of Paul Wilson Dorman, in which the BIA had applied Section 3 of the Defense of Marriage Act to his pending case.

"He also cited the potential that he saw from the Matter of Dorman decision yesterday, which he reviewed it in court and discussed it," Soloways says.

Rep. Rush Holt (D-NJ) sent a letter last month to DHS Secretary Janet Napolitano urging her to halt the deportation of Velandia and other married same-sex binational partners in similar situations.

 

Well, it finally happened...

...Family Research Council's Tony Perkins finally got something right. In a recent press release, Tony got all hot and bothered that GetEQUAL DC organizers decided to call out Bancroft PLLC -- the bigoted and discriminatory law firm that has taken up the Defense of Marriage Act (DOMA) case -- after another law firm, King & Spalding, decided it was too hot to handle:

[G]roups like GetEQUAL and others are forming what is basically a mobile protest unit. [Monday], its activists rallied outside the offices of King & Spalding--only to learn that its attorneys had bailed on the case. So what did they do? Hopped in the car, drove across town to Paul Clement's new firm, and started demonstrating there.

I don't know if Tony's ever encountered discrimination in his life, but I can assure you that spending the night in jail is not for the faint of heart...and attacking brave equality activists via a press release doesn't sound very lion-hearted to me. And, if Tony had any idea what he was talking about, he'd know that we didn't jump into a car and drive across town -- we walked a few blocks. :-)

All that being said, here's where Tony is right -- we are, indeed, creating the "mobile protest units" that he references, organizing in states across this country from North Carolina to Texas to Wyoming. After launching our Organizing For Equality campaign, we've seen incredible organizers spring forward in Ohio, Georgia, Arizona, and more -- and we're just getting started.

But we need your help.

Watch this video explaining Organizing For Equality (OFE), then pick a state that you want to support financially. We'll split your donation 50/50 between our national organizing and the organizing happening in the state of your choice, supporting the "mobile protest units" that can form rapid response teams when groups like the Family Research Council decide to stand in the way of our equality.

We're going to get equal, whether Tony Perkins likes it or not. But we need your help. Watch the video, pick a state, and help us get there.

Get Out! Get Active! GetEQUAL!

Robin McGehee, Director

P.S. -- If you want to buy a t-shirt declaring your intention to be part of a "mobile protest unit," click here. Help us sell 100 of these shirts and we'll send one to Tony!


Important Changes in Law for LGBT Californians

Equality California worked hard to sponsor four pieces of legislation that will help many LGBT Californians when they take effect this Saturday, January 1:

  • Authored by Senator Mark Leno, SB 543 will allow LGBT youth to access mental health services without their parents' consent, ensuring they get the care that they need when they need it -- without having to come out to their parents first.
  • Authored by Assemblymember Bonnie Lowenthal, AB 2199 repeals the reprehensible requirement that California seek the “causes and cures of homosexuality.”
  • Authored by Assemblymember Fiona Ma, AB 2700 will allow same-sex couples who are both domestic partners and married to dissolve their partnership and their marriage with the same process if they choose to separate.
  • Authored by Assemblymember Hector De La Torre, AB 2055 will grant same-sex couples who are about to enter into a domestic partnership the same unemployment benefits as opposite-sex couples who are about to wed.

We made a lot of progress in 2010, and with your help I know we can do the same in 2011. And we must.

LGBT youth need us to make their lives better now. More than 85 percent of them report harassment at school, and more than 33 percent of them report attempting suicide.

2011 will be the year that we make huge strides forward for LGBT youth. Equality California is sponsoring a bill in the new legislative session, authored by Sen. Leno, which will ensure all students learn about the contributions of LGBT people and the movement for LGBT rights in their social science classes. We're also sponsoring a bill to strengthen anti-bullying laws with Assemblymember Tom Ammiano.

A Letter To Our Community

We, the undersigned, stand in solidarity against all forms of hate.

We are a coalition of organizations and individuals who believe everyone should be treated with dignity and respect as a human being regardless of their race, religion, disability, ethnicity, national origin, gender or sexual orientation.

Whether a young child is being bullied on a playground or hate speech is being exchanged on “main street”, we will not be silent in the face of abuse. Both the highly publicized suicides of LGBTQ (Lesbian, Gay, Bisexual, Transgender, Queer/Questioning) youth across the nation and recent hate crimes here in Santa Barbara County are tragic reminders of the harm being inflicted on our community. Violence against any part of our community, whether physical or verbal, threatens our common humanity and makes our community less safe for everyone.

We say “no” to hate and recognize that it is intended to terrorize an entire community, to inflict fear on many of us who make up the very fabric of our communities - this may be you, your loved ones, your neighbor, your child’s teacher, your cousin or your friend. When someone is threatened or harmed because of their identity, a threat of harm has been made to all who share in that identity.

Due to the negative stigma that society places on non-traditional gender identity and sexual orientation, LGBTQ youth are more vulnerable to experiencing mental health issues that may lead to depression, substance abuse, anxiety, and in some cases, suicide. This is a grave matter that needs the attention and support of individuals working with youth.

We are concerned that incidents of bullying in our schools are under-reported and not effectively handled or preempted when they occur. We know all too well that homophobia in schools can become deadly as it did when Oxnard eighth-grader Lawrence King lost his life in 2008 at the hands of another student.

We expect our educational institutions, law enforcement, and other government agencies to commit to and follow through on efforts to create truly safe and inclusive environments for individuals of all sexual orientations and gender identities. We also hold our elected officials accountable for the creation and enforcement of inclusive policies that reflect the diversity of our community and provide for its safety. We commend the Santa Barbara School District for offering Safe Schools Training in June 2010. Although there are two additional trainings planned, a broader and deeper commitment must be made by all our public agencies.

Individually and collectively, it is our responsibility to create safe and welcoming environments for our youth today so that these horrible tragedies will end. We must work to ensure a better future for the generations who follow.

Our Commitment

  • We will speak out against hatred in every form; intolerance cannot be allowed in our community.
  • We will be compassionate toward those targeted by prejudice, hatred, humiliation, bullying and other forms of violence.
  • We will respect the “coming out” process as a personal endeavor that should be handled with empathy.
  • We accept that protecting each other from hate and discrimination is not solely the responsibility of the groups targeted, but is the responsibility of every individual who cares about our community.
  • We will engage with law enforcement, schools, elected officials and other institutions a to create safe environments for the LGBTQ community.
  • We commit to educating ourselves and examining our own biases, and to teaching our children values that create a culture of respect for all people.

What Can You Do?

Speak up! Violence and discrimination feed on silence, so we encourage you to open up dialogue with your family members, friends and colleagues about issues of homophobia. Communicate with schools about the importance of education that promotes respect and safety for all students, learn about issues affecting the LGBTQ community, and work to make the communities and organizations you’re a part of welcoming and inclusive. And why not join us and become a signatory on this letter?

Signatories (as of 12/10/10)

ORGANIZATIONS:
CommUnity Leadership Institute CANDO (Change Agent Network for Dismantling Oppression)
FUND for Santa Barbara
G.R.A.C.E. Santa Maria (Gay Rights Advocates for Change and Equality)
Great Outdoors Santa Barbara / Ventura
Just Communities Central Coast
Pacific Pride Foundation
People United for Economic Justice Building Leadership through Organizing
Planned Parenthood of Santa Barbara, Ventura and San Luis Obispo Counties
S.A.M.E. Strategic Alliance for Marriage Equality
San Marcos High School Gay-Straight Alliance
Santa Barbara Rape Crisis Center
Santa Barbara Women’s Political Committee
UCSB Queer Student Union
UCSB Rape Prevention Education Program
UCSB Resource Center for Sexual & Gender Diversity
UCSB Women’s Center

INDIVIDUALS:
Margo Chapman
Sean Dooner
Susan Dalton PhD
Debbie Fleming
Salvador Güereña (Chair, Dos Pueblos H.S. PTSA Committee on Equity & Excellence in Education)
Reverend Teena Grant
Geoff Green
Cheri Gurse
Carol Keator
Lisa Rothstein
Selma Rubin
Beth Schneider
Joe & Kathie Schneider
Catherine J. Swysen
Nancy Weiss
Janet Wolf, County Board of Supervisors

NOTE: this is fast growing list that started Friday October 8th, 2010 and we welcome any and all to join our efforts. If you or your organization would like to become a signatory please contact: Gary Clark

For a PDF of the letter and more information click here...

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August 2011

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