#KY #KYGA17 - Trans Rights in Kentucky - Protecting Kentucky Students

SPECIAL STATEMENT:
From: Secretary-General Jordan Palmer

CONTACT:
Dillan Marsh, Executive Director
Secretary General’s Office of Special Affairs

###

"There’s a new, raw reality in the District of Columbia, the seat of government for the federal state.

From executive orders already issued, to rumors of executive orders yet to come, to the appointment of dangerous and unqualified people in powerful positions in our government, the new administration is already wreaking havoc on our communities and our political system. In that respect are new developments every day, and things are proceeding so rapidly that it can be difficult to keep up.

As we move forward together in this new reality, we will do our best to keep you apprised of our continuous efforts to defend and advance equality for our community.

Last month, the Trump administration announced it was reversing federal guidance that protected transgender students. After claiming he would be a friend to the LGBT community, it took Trump just over a month to break his word, which is nothing new.

The guidance protecting transgender students, issued in May 2016, served as a beacon for public school administrators and educators across the country. Without it, schools will face confusion, and transgender young person, who already face exponentially more bullying from their peers, will be seen in the center.

This activity commits a frightening message to some of the most vulnerable young people in the country that this administration will not protect them from discrimination.

Withdrawing the guidance does not change the law, however. Most U.S. district courts have agreed that Title IX under federal law protects transgender students, and schools have a legal and a moral duty to support all students. Additionally, Kentucky courts have issued similar rulings based on Kentucky law.

Thankfully, each state in our Union holds jurisdiction over its borders and delegates limited sovereignty to the federal government, itself, a state. As sovereign entities, each of the 50 states, including the Commonwealth of Kentucky, reserves the right to organize its individual government in any way deemed appropriate by its people. This is why we must continue, on a united front, to change Kentucky law.

Be assured that Kentucky Equality Federation, the United Kentucky Alliance, and its member organizations will continue to monitor developments and challenge illegal or immoral laws as they present themselves as we have throughout our history."

📬 Report Discrimination, Hate Crime, and School Bullying:  http://kentuckyequality.org/file-discrimination-schoolbullying-hatecrime/

Contempt of Rowan County Clerk Kim Davis

Min. Jordan Palmer

Following is a special statement from Minister Jordan Palmer, secretary-general of the Kentucky Equality Federation alliance, its member and dependant organizations:

Kentucky Equality Federation firmly supports Rowan County Clerk Kim Davis' rights to freedom of conscience, faith, and speech. We believe these rights belong to all people regardless of any defining characteristic imposed on them by society or governments.

However, irrespective of how the Family Foundation of Kentucky chooses to spin the news report, the fact is, Davis is not in prison because of her beliefs. She is being held in contempt of court because she refuses to resolve the job taxpayers elected her to perform and has broken her oath of office. She could easily resign and end the entire situation, but I suspect the national spotlight is truly the motivation. The office of an elected official is a public trust, not a personal platform for refusing service to the "wrong" sort of people; this reeks of the oppression of far-off lands where officials can make discriminatory rules and enforce summary judgement against certain classes, genders, orientations, races, and castes.

Kentucky Equality Federation
v. Commonwealth ruling by Judge Wingate

We are all equal before the law, and we encourage Davis to do the right thing, embrace the standard of public service (as she swore an oath to do), and comply with Franklin County Circuit Court Judge Thomas D. Wingate's ruling in Kentucky Equality Federation v. Commonwealth of Kentucky and the ruling of the U.S. Supreme Court.

This situation is analogous to Governor Steve Beshear refusing to aid a region of the Commonwealth during a disaster because they are Methodist, Catholic, or they voted for a different political party. It is similar to a clerk refusing to issue driver's licenses to taxpayers of a certain gender because they don't believe they are religiously permitted to drive. Would we tolerate a governor or president who refused to repel an invasion or defend the lives they have sworn to safeguard?

The end of discrimination is not simply the elimination of flagrant abuses, rather it is the ability of a person to fully exercise their Kentucky human rights to the same full extent enjoyed by their peers, without fear of retribution, aspersion, or harm, be that harm political or social. The religious beliefs of Davis remain intact however, and unharmed, but incompatible with the elected office she holds.

#KY #KYGA16 Jordan Palmer and Kentucky Equality Federation call for Rowan County Clerk impeachment

"Today, we call on Governor Steve Beshear to call a Special Session of the Kentucky General Assembly to impeach the Rowan County Clerk. The action of the Clerk defies Kentucky and U.S. Court rulings. This violates the oath of office taken by Kim Davis and if she cannot complete her job because of "religious beliefs" then she should resign. Government is free of religion and religious beliefs. Perhaps Ms. Davis would be happier in a religious state such as Afghanistan, Iran, or Iraq." - Minister Jordan Palmer, Secretary-General of Kentucky Equality Federation and its member organization, Marriage Equality Kentucky.

"Kentucky Equality Federation attorneys are working now to file a lawsuit in Kentucky Courts." On April 16, 2015 Franklin County Circuit Court Judge Thomas D. Wingate struck-down Kentucky's 2004 Ban on Same-Sex Marriage in the Commonwealth of Kentucky stating, "Kentucky's statutory and constitutional bans on same-sex marriage void and unenforceable for violating Plaintiff and Plaintiff's Members Constitutional Rights."

COURT RULING: https://www.facebook.com/KYEquality/photos/p.10153373501693563/10153373501693563/?type=1

See history of media coverages in: KEF IN PROP 8, KY-SUPREME COURT, and PALMER MARRIAGE LICENSE.

The county clerk issues marriage licenses (KRS 402.080) and files and records all marriage certificates (KRS 402.220 and 402.230). Military discharges may also be recorded in the county clerk’s office (KRS 422.090).

On or before the 10th day of each month, the county clerk reports to the state registrar of vital statistics all marriage licenses issued and all marriage certificates returned (KRS 213.116).

Each county clerk must furnish each applicant for a marriage license with a copy of a marriage manual to be prepared and printed by the Human Resources Coordinating Commission of Kentucky (KRS 402.270).

Ambassador of Goodwill Scottie Saltsman passes away

Kentucky Equality Federation acts as a public advocate for victims of school bullying, hate crimes, and discrimination. Kentucky Equality Federation is the Commonwealth’s largest equality organization with member organizations that include Marriage Equality Kentucky, the Kentucky HIV/AIDS Advocacy Campaign, and Kentucky Equality Ballot Access.

Kentucky Equality Federation has bestowed a rare award on Richmond gay activist Scottie Saltsman.  Saltsman is also a former police officer and a supervisor at the Kentucky Department of Criminal Justice Training.

The distinction of Ambassador of Goodwill is the highest honor given by Kentucky Equality Federation. A Kentucky Equality Federation Ambassador of Goodwill embodies the foundation of our Commonwealth: diversity, tolerance, liberty, justice, and equality for all.

"The distinction of Ambassador of Goodwill was so rare that only 14 people have made it through the approval process," stated Legal Assistant Lara Clay Drake with Kentucky Equality Federation’s Legal Department. "This is not an honor that is given to different people year after year, nor an annual award given to someone. The candidate must truly be remarkable and have shaped Kentucky culture in a positive manner."

The Honorable Scottie Saltsman was a Section Supervisor with the Kentucky Justice and Public Safety Cabinet’s Department of Criminal Justice Training. Saltsman was also involved in Native American issues and one of the primary activists that pushed for the creation of the Richmond Human Rights Commission for which he served as Secretary, a post he held until he resigned on April 12, 2012 because the Commission refused to add sexual orientation and gender identity to their definition of protected classes of people or communities in their local equality/fairness ordinance.

Upon receiving news of his distinction as Ambassador of Goodwill on June 03, 2013, Scottie Saltsman stated: “I feel special; it is an honor to be recognized by an organization that fights for people and touches people across the state with their work.”

Scottie Saltsman was alive to receive the distinction; the plaque, however, will be presented to Saltsman’s Mother at his request. Ambassador of Goodwill Saltsman succumbed to the cancer he had been battling on June 09, 2013.

Ambassador Saltsman joins former Kentucky Treasurer Jonathan Miller, blogger Jim Pence, senior Representative Tom Burch, senior Kentucky Representative Ruth Ann Palumbo, Author and Dr. Bernadette Barton, International Activist and Attorney Melanie Nathan, Minister Edith Baker, Ph.D., and others including FDA officials, Kentucky authors, musicians, religious leaders, elected officials and activists.

Kentucky Equality Federation President Jordan Palmer stated: "We thank you and love you for all the incredible work you have done to advance equality across the Commonwealth of Kentucky. Your selfless accomplishments will never be forgotten and will indeed live forever. I thank you for your counsel and incredible friendship through the years. Knowing you and Matthew Vanderpool have been enormous highlights in my life. Ambassador of Goodwill Saltsman was a man of dignity and character who fought for the things he believed in. Though we continued to pray for a miracle, a greater power had different plans for you, but part of you will always be with us."


View Ambassador of Goodwill Scottie Saltsman's profile on Lexington Clinic: “In early 2012, Scottie began treatment for what he and his physician initially thought were internal hemorrhoids. When his symptoms did not improve, he underwent a new battery of tests and was told a biopsy would be needed. "My testing was done on March 21, 2012. On March 22, Dr. William Walton called to inform me it was cancer, and to tell me that he felt we needed to expedite our next steps," said Scottie. His diagnosis was Stage III b anal cancer, a rare form of cancer that predominantly affects men, but also strikes women. "The biggest challenge for me after learning I had cancer was just to work through the mental process that accompanies that diagnosis," said Scottie. "It is so important to stay positive and to try not to worry about what could be, or to think ‘why me’, because the moment you mentally give up, it’s over."

Source: http://www.lexingtonclinic.com/cancer/scottiesaltsman.html

About Kentucky Equality Federation's Ambassadors of Goodwill:  An Ambassador of Goodwill is appointed by the Chairman of the Board of Directors on the advice of the President (an existing Ambassador of Goodwill may also nominate someone to the President for the distinction). An Ambassador of Goodwill ceremony is scheduled for August in Lexington. Due to the illness of Ambassador Saltsman, his award was expedited at the request of President Jordan Palmer and approved by Board Chairman Brandon Combs.

Battle continues with Logan County Schools for Religious Materials Distribution; Final Warning Issued

We are writing again in response to Gideons Bibles being distributed in the Commonwealth’s school system. We find your response to us dated February 25, 2013 unacceptable.

--> Download a complete copy from our Legal Department.

You stated: “[t]he Board, however, will continue to consider these and other important constitutional issues and will examine this issue with an eye toward adopting guidelines by the 2013-2014 school year.”

As our letter to Mr. Kemp dated January 31, 2013 made clear, it is the position of Kentucky Equality Federation that the Logan County School Board’s relationship with Gideons International is in direct violation of the United States Constitution and Section V of the Kentucky Constitution.

I appreciate that the Board will no longer be allowing Gideons International to infringe upon the constitutional rights of Logan County students for the remainder of the school year and that you appear to be following Kentucky Equality Federation's CEASE AND DESIST ORDER. However, I am concerned that your letter indicates that the Board may develop policies allowing Gideons International back into the school setting later, rather than terminating your relationship with Gideons International, or any other strictly religious organization, as I requested in my previous letter.

Despite your indication that you disagree with the case law on this issue, to date, the United States Supreme Court has interpreted the First Amendment to prevent the establishment of religion in public schools. The establishment clause bars third parties as well as school officials from using school property to coerce children into believing one faith over another.

Kentucky Equality Federation
Vice President of Legal
Jillian Hall, Esq.

In Santa Fe Independent School Dist. v. Doe, the Court noted that just because school officials did not engage in religious activities at a school event, the fact that the activity was occurring on school property and pursuant to a school policy meant that it was, “stamped with [the] school’s seal of approval,” and therefore, a violation of the establishment clause. 530 U.S. 290, 308 (2000).

The situation before us is even more egregious than the school’s conduct in Santa Fe, because Gideons’ impermissible conduct is occurring during school hours rather than at a school-sponsored event. When religious activity occurs during school hours, there is an even higher chance of coercion because both the state and the child’s peer group may collude to advance a religious position so that, “children [may be] exposed to ostracism from their peer group members if they [do not] participate.” Wallace v. Jaffree, 472 U.S. 38, 42 (1985).

It is clear from U.S. Supreme Court precedent alone that Gideons International may not hand out bibles in the Logan County Schools without violating constitutions of the United States and the Commonwealth of Kentucky.

Kentucky Equality Federation
Legal Assistant
Laura C. Drake

Other federal case law contains additional strong support for the fact that the Constitution does not allow Gideons International in the public school system. While neither the Supreme Court nor any court in our jurisdiction has addressed the issue of the Gideons International bible program in public schools, several courts have considered the issue directly and found Gideons’ conduct to be an establishment of religion by the state and unconstitutional.

In Berger v. Rensselaer Cent. School Corp., the 7th Circuit Court of Appeals first pointed out the coercive element of Gideons International on school premises when it stated “the only reason the Gideons find schools a more amenable point of solicitation than, say, a church or local mall, is ease of distribution since all children are compelled by law to attend school and the vast majority attend public school.” 982 F.2d 1160, 1167 (1993). The court then had no trouble concluding that the school board, “acted with state authority in welcoming the Gideons into public schools,” and that Gideons International’s distribution of bibles was an impermissible infringement upon the schoolchildren’s constitutional right. Id. at 1169.

The 7th Circuit is joined by several district courts in finding that the distribution of bibles by Gideons International in the public school setting is unconstitutional. E.g., Goodwin v. Cross County School Dist., 394 F. Supp. 417 (E.D. Ark. 1963); Chandler v. James, 985 F. Supp. 1094 (M.D. Ala. 1997); Roark v. South Iron R-1 School Dist., 540 F. Supp. 2d 1047 (E.D. Mo. 2008).

As demonstrated above, binding U.S. Supreme Court precedent indicates that Logan County Schools may not allow Gideons International to pass out bibles in its schools; federal lower court case law supports this finding with reference to Gideons International specifically.

To the extent that your letter indicates the Logan County School Board’s willingness to allow Gideons International back into the Logan County schools at a future date, Kentucky Equality Federation restates its position that this action would violate both the commonwealth and federal constitutions.

As I mentioned in my first letter, I hope that this issue can be settled amicably in a manner that satisfies all parties. I trust that you will convey this letter to the board and again ask for their assurances that Gideons International will no longer be allowed to distribute bibles on Logan County School premises and that Logan County Schools has dropped any and all relationships with strictly religious organizations.

No additional warnings will be issued. Should the Logan County School Board permit Gideon Bibles to be distributed again, the school, the school board, and every member of the Board will be sued separately and individually in addition to the Kentucky Education Cabinet.

Please reference the first letter I sent to you: http://www.kyequality.org/2013/logan-county-cease.pdf

Kentucky Equality Federation letter to Governor Beshear to veto House Bill 279

Kentucky Equality Federation urges Governor Steve Beshear to veto House Bill 279, the "FORCED RELIGION IMPOSITION ACT."

Click here to view a copy in PDF.

The Honorable Steve Beshear
Governor and Commander-in-Chief of the Commonwealth of Kentucky
Capitol Office 700 Capitol Avenue
Suite 100
Frankfort, Kentucky 40601

The Honorable Steve Beshear
Governor and Commander-in-Chief of the Commonwealth of Kentucky
The Governor's Mansion
704 Capitol Avenue
Frankfort, KY 40601

Kentucky Equality Federation, a non-government (NGO), non-profit organization with United Nations NGO observer and consultative status for minority issues hereby urges you to veto House Bill 279 for reasons outlined below. Kentucky Equality Federation has no doubt this legislation will pass the Senate having passed the House of Representatives.

Kentucky Equality Federation is Kentucky's largest all-volunteer grassroots lesbian, gay, bisexual, transgender, and intersex ("LGBTI") civil rights and advocacy organization for both social and political equality. 

Kentucky Equality Federation believes all people are endowed with inalienable rights to life, liberty, property, and the pursuit of happiness and fulfillment free from oppression, discrimination, school bullying, and hate crimes regardless of gender identity, sexual orientation, race, creed, veteran status, political affiliation, or any other defining characteristic. 

The end of discrimination is not simply the elimination of flagrant abuses, rather it is the ability of a person to fully exercise their Kentucky human rights to the same full extent enjoyed by their peers, without fear of retribution, aspersion, or harm, be that harm political or social.
We assist and act as public advocate for people who have been bullied, discriminated against, or victimized in addition to assisting them with legal remedies. 

When the laws have not caught up to the moral needs of society, we will seek their modification, pursuant to the creation of a just society. 

Kentucky Equality Federation also asks if House Bill 279 would violate your executive order 2008-0473, prohibiting discrimination based on sexual orientation or gender identity in Kentucky’s Government.

FOLLOWING ARE COMMENTS BY PRESIDENT JORDAN PALMER:  
The emancipation of slaves, voting rights for women, and the civil rights movements were landmark victories for the cause of equality, but this struggle continues today and House Bill 279 is nothing short of legal discrimination against a minority group otherwise unprotected by the laws of this commonwealth.

House Bill 279 represents a clear and present danger to the gay and lesbian community and other minority groups around the commonwealth. Both the Kentucky and U.S. constitution provide for freedom of religion and Kentucky Equality Federation supports freedom of religion.

As you know, in 2010 the Kentucky House of Representatives passed Resolution 232, the Manhattan Declaration making Christianity the official religion of the Commonwealth.

House Bill 279 does nothing more than give people permission to discriminate based on their religious beliefs thereby taking it beyond ‘freedom of religion’ to ‘forced religion’ because they have imposed their religious beliefs on others with legal authority to do so.

FOLLOWING ARE COMMENTS BY VICE PRESIDENT OF LEGAL JILLIAN HALL, Esq.:

House Bill 279 has the potential to harm local ordinances in place in Covington, Louisville, Lexington and Vicco.

Essentially, an individual can continue to discriminate against a gay individual in violation of the ordinance and be protected under this new law by showing that it is in conflict with their closely held religious beliefs. While the language adding “substantial” to the burden (via an amendment to the bill) does add some protections, the law still is a major step backward for the equality movement.

Right now, people discriminate freely and openly against the gay community without recourse due to the lack of a Kentucky statewide equality law.

Similar laws to this proposed bill have been passed in several other states after the U.S. Supreme Court struck down the U.S. Religious Freedom Restoration Act in 1997 (as applied to the states).

This law is nothing more than a poor recitation of the First Amendment, and is a thinly veiled move by the legislature showing their lack of respect or tolerance for the lesbian, gay, bisexual, transgendered, and intersex community (LGBTI).

While I do not feel that this will significantly affect anything in the courts, this law, along with the Manhattan Declaration of 2010 acts to block forward progress and is a continued embarrassment for the Commonwealth.

FINAL COMMENTS BY PRESIDENT JORDAN PALMER:
Governor, today the U.S. President signed domestic violence protections which included the LGBTI community. Though we support the sovereignty of the commonwealth of Kentucky against an oversized and intrusive federal government, we have no choice but to continue to turn to them for protections because our Kentucky lawmakers continue to fail us.

We again appeal to you to as our chief of state and chief of government to veto House Bill 279.

Please feel free to contact us with any questions you may have regarding this matter toll-free at (877) KEF-5775 – Ext. 5.

Kentucky Equality Federation Condemns House Bill 279 - Forced Religious Imposition Act

KENTUCKY EQUALITY FEDERATION RESPONDS TO HOUSE BILL 279

CONDEMNS 'FORCED RELIGION IMPOSITION ACT'

“Kentucky House Bill 279 lays the groundwork for legalized discrimination and is detrimental to the equal rights movement for all LGBTI residents of the Commonwealth,” stated Kentucky Equality Federation’s Chairman of the Board, Brandon Combs. “This legislation also has the potential to negatively impact a wide-range of individuals beyond the LGBTI community, such as single parents and divorced couples. The passing of this legislation threatens to push the state back to the 1960s prior to the passage of the Kentucky Civil Rights Act.”

“House Bill 279 represents a clear and present danger to the gay and lesbian community and other minority groups around the commonwealth,” stated Kentucky Equality Federation president Jordan Palmer. “Thousands of Kentuckians are opposing the legislation. We urge Governor Steve Beshear to veto the legislation. Both the Kentucky and U.S. constitutions provide for freedom of religion and Kentucky Equality Federation supports freedom of religion. However, what we need is freedom from religion; lawmakers use religion as a means to deny someone a fundamental civil right. In 2010 the Kentucky House of Representatives passed Resolution 232, the Manhattan Declaration making Christianity the official religion of the Commonwealth. (voting record). House Bill 279 does nothing more than give people permission to discriminate based on their religious beliefs thereby taking it beyond ‘freedom of religion’ to ‘forced religion’ because they have imposed their religious beliefs on others with legal authority to do so.”

KENTUCKY EQUALITY FEDERATION - LEGAL DEPARTMENT SUMMARY:

To break it down, Kentucky Equality Federation’s Vice President of Legal, Jillian Hall, Esq. stated: “House Bill 279 has the potential to harm local ordinances in place in Louisville, Lexington and Vicco. Essentially, an individual can continue to discriminate against a gay individual in violation of the ordinance and be protected under this new law by showing that it is in conflict with their closely held religious beliefs. While the language adding “substantial” to the burden (via an amendment to the bill) does add some protections, as it is very difficult to meet the level of “substantial burden” in the courts (as would have to be shown by the discriminating party), the law still is a major step backward for the equality movement."

Hall continued:  "Right now, people discriminate freely and openly against the gay community without recourse due to the lack of a Kentucky statewide equality law. Similar laws to this proposed bill have been passed in several other states after the U.S. Supreme Court struck down the U.S. Religious Freedom Restoration Act in 1997 (as applied to the states). This law is nothing more than a poor recitation of the First Amendment, and is a thinly veiled move by the legislature showing their lack of respect or tolerance for the LGBTI community. While I do not feel that this will significantly affect anything in the courts, this law, along with the Manhattan Declaration of 2010 as mentioned by Kentucky Equality Federation President Jordan Palmer, acts to block forward progress and is a continued embarrassment for the Commonwealth.”

Kentucky Equality Federation will continue to monitor House Bill 279 and may challenge it in court if it undermines equality efforts.

Red State Brief filed with U.S. Supreme Court - Kentucky Equality Federation represents Kentucky gay couples

Kentucky Equality Federation urges universal equality for all LGBTI people in a "Friend of the Court" brief to the U.S. Supreme Court.

Kentucky Equality Federation today joined the Utah Pride Center, Campaign for Southern Equality, and twenty-five (25) other organizations in filing an amicus brief with the United States Supreme Court.

The brief urges the justices to strike down a wide range of anti-gay laws. The brief calls on the Court to uphold appellate court rulings in both the Defense of Marriage and Proposition 8 cases currently pending. The Kentucky Equality Federation joined Utah Pride in this “Red State Brief” to detail the long history of anti-gay legislation in many states around the nation that denigrates the LGBT community.

The brief contends that many local state laws are designed to routinely deny gay citizens basic civil rights, and many state codes are woven in a tangle that can only be unraveled by the courts.

“This brief is about arguing on behalf of the millions of Americans who feel hopeless that legislation on a state level will ever advance their cause,” said Utah Pride Attorney and former Bush Administration U.S. Attorney Brett Tolman. The brief contends that many local state laws are designed to routinely deny gay citizens basic civil rights, and many state codes are woven in a tangle that can only be unraveled by the courts.

Kentucky Equality
Federation Vice-
President of Legal,
Attorney Jillian Hall.

Kentucky Equality Federation's Vice President of Legal, Jillian Hall headed-up Kentucky Equality Federation's involvement. Kentucky Equality Federation represents Kentucky in the brief.

“It was an honor to sign alongside several other prominent equality organizations in our fellow conservative “red” states. By working together as one rather than 28 individual groups, we were able to present a united front to the U.S. Supreme Court and explain why their decision not only impacts the individual cases before the bench, but everyone in the LGBTI community unable to obtain the same benefits as their heterosexual counterparts,” stated Kentucky Equality Federation Vice President of Legal, Jillian Hall. "Recognition from the highest federal court in the land as to the equality of everyone concerning marriage, regardless of sexual orientation, would be a huge leap in the fight for the citizens of our Commonwealth."

"Marriage is a fundamental human right and the lack of recognition by the federal government to gay couples legally married in their home states should be unconstitutional," stated Kentucky Equality Federation president Jordan Palmer. "Section II of the Kentucky Constitution states: 'Absolute and arbitrary power over the lives, liberty and property of freemen exists nowhere in a republic, not even in the largest majority.' However, with the commonwealth's 2004 constitutional amendment, gay and lesbian couples are absolutely denied civil rights by the majority."

Rev. Jasmine Beach-Ferrara, Executive Director of the Campaign for Southern Equality said, “The Supreme Court is being asked to consider a fundamental question: are LGBT Americans equal people whose humanity and dignity must be recognized? We know there are LGBT youth, adults and families who urgently need - and desire - the rights and protections that our Constitution promises to all, including the ability to marry the person you love.”

“There is a system of discrimination set up in states like Utah where certain local laws offend the Constitution and do harm to the lives of gay Americans,” said Attorney for Utah Pride Paul Burke.

The brief points out a number of discriminatory local laws including lack of protection for gay married military members who are assigned to “red states.”

Today’s filing concludes: “Because the Constitution neither knows nor tolerates classes among its citizens, gay Americans must be treated equally under the law – everywhere. This Court should affirm the fundamental rights of gay Americans and adopt heightened scrutiny to review laws targeting gay people. The best way to stop discrimination on the basis of sexual orientation is for this Court to stop de jure discrimination against gay Americans.”

The Supreme Court has scheduled oral arguments for these cases on March 26-27, 2013.

The Red State amicus brief can be found here: http://www.kyequality.org/2013/BRIEF-with-highlights.pdf

Cease and Desist Order issued to Logan County Schools by Kentucky Equality Federation

Kentucky Equality Federation today issued a "Cease and Desist Order" to Logan County Schools for the distribution of Bibles in their school district.  This is yet another school district in the commonwealth which has required a warning. (previous press release).

SUMMARY: I am the Vice President of Legal for the Kentucky Equality Federation, and write on behalf of the organization to support Ms. Alms and any other parents who rightfully find issue with the practice of allowing this distribution on school property, as it is in direct violation of both the U.S. Constitution and Section V of the Kentucky Constitution.

In your most recent response, you cited the case Peck v. Upshur Co. Board of Educ., 155 F.3d 274 (4th Cir. 1998). While this case (which as you know is only persuasive, not binding in the Commonwealth of Kentucky) does address the issue of Bible distribution in public schools and permits a passive offering of such materials in a limited manner, the Court specifically finds this Constitutional only as it applies to secondary school students. The court noted that “in elementary schools, the concerns animating the coercion principle are at their strongest because of the impressionability of young elementary-age children. (read the entire cease and desist order)

STATEMENTS:

Administration:

"I believe in God and I know God loves all people. I am a practicing Christian, and I also practice Taoism. However, a public school is not the proper venue to distribute religious materials of any type," stated Kentucky Equality Federation President Jordan Palmer. "This practice will cease immediately or I will instruct our legal department to sue the Logan County School District. I will teach my children about religion at home. We again are notifying the Kentucky Department of Education and the Office of Kentucky Education Secretary, Mr. Joseph U. Meyer."

Kentucky Equality Federation's Religious Outreach Director, Minister Edith Baker, Ph.D. again stated: "Here is the foundation of this matter; if Christians are 'allowed to pass out Bibles,’ then all other religion and non religious groups, including the 'Church of Satan' will have this right. As a Christian believer since childhood, and an ordained minister, I believe we have enough homes, churches and other public venues to provide this service."

Board of Directors:

"Simply stated, what is occurring in Logan County schools is unconstitutional," stated Kentucky Equality Federation's Chairman of the Board, Brandon Combs. "The response given by the Logan County School District's hired counsel is a red herring, at best. At worst, it demonstrates the acceptance of negligent behavior by the district's personnel. This incident occurred in an elementary school. At this age range, religious studies should be directed by the each student's family, not the school district."

Speaking about the response received from the school, Kentucky Equality Federation's Vice Chairman, Gary Fowler, PsyD, CDC/ASPH Fellow stated: "I think the response provided by the school district’s attorney is a standard scapegoat. The case cited had no bearing on this case as was quoted regarding allowing the passive distribution of these materials. It is my understanding and their admission that this was anything but a passive distribution because each child was handed the material and expected to take it. Also, the letter eludes to the individual distributing these materials as a long time member of the community which in turn, at least to me, suggests that the knowledge of what type of material this man was bringing for active distribution was implied."

# # # # # #

--> Sign now to urge the Kentucky Legislature to amend the Kentucky Civil Rights Act to include sexual orientation and gender identity.

Kevin Pennington Hate Crime Trial Official Statement

Kentucky Equality
Federation Vice President
of Legal, Attorney Jillian Hall

As a public advocate service, Kentucky Equality Federation brings hate and related crimes against minority groups, including the gay, lesbian, bisexual, transgendered, and intersex community, to the attention of the county attorney, commonwealth's attorney, or U.S. attorney as appropriate. Kentucky Equality Federation serves the victim in all things, including, but not limited to Kentucky Equality Federation controlling media access to the victim, making legal and mental resources available, and preparing the victim for court.

Once a trial begins, it is up to the prosecutors to make their case for justice.

Rose Law Office
Jill Hall Rose, Kentucky
Equality Federation Legal
Representation

"The acquittal of these individuals from the hate crime aspect of this case is truly a disappointment," stated Chairman of the Board Brandon Combs. "This is a failing by prosecutors to make their case beyond a reasonable doubt, but this should serve as a rallying point around which the LGBTI community can gather and we thank the U.S. Department of Justice for responding to our request to prosecute this case. If there is any positive to take away from this ruling, it is that Mr. Pennington did receive some measure of justice, albeit not what he deserved."

"I think it is important that the U.S. attorney took this case to send a message that this type of conduct will not be tolerated," stated Attorney Jill Hall Rose, Kentucky Equality Federation’s legal representation. "The enormous burden of proof, especially in such a high profile case is on the government and the jury found some reasonable doubt as to the hate crime statute despite the compelling testimony given. This is not a setback, the fact that Kentucky Equality Federation successfully lobbied the U.S. Justice Department to prosecute this case and that U.S. Attorney Kerry Harvey ordered it to be prosecuted says a lot about Kentucky and the United States; hate motivated crimes will not be tolerated. U.S. Attorney Kerry Harvey has effectively put Kentucky 'on notice.' I admire Jordan Palmer for sticking up for people and the important work everyone that Kentucky Equality Federation does because they are all volunteers, none of them are paid."

Kentucky Equality Federation’s Vice President of Legal, Attorney Jillian Hall agreed.

"I do continue to believe this was a hate crime," said Kentucky Equality Federation President Jordan Palmer. "Beating someone, or trying to kill them, all the time shouting anti-gay slurs..... if that isn't a hate crime, I'm not sure the jury completely understood the definition of the law. I agree with our attorneys that this was not a setback, though this is not the verdict we wanted, they still face life in prison. Tomorrow someone may be arrested for a hate crime that results in a conviction, each case is unique. Though the defense was ultimately unsuccessful in getting the law declared unconstitutional, the defense was successful in arguing about low IQ's, drug addition, sexual attraction, etc. This does not negate the inescapable conclusion however that yelling anti-gay slurs while assaulting someone is by definition a hate crime, just as it would be (by definition) had they yelled defamatory terms about any other protected class while attempting to murder them. The assertion that one of the people who assaulted Kevin Pennington has an IQ of 75 and unable to plan the assault, but can apparently participate in it is repugnant."

U.S. District Judge Gregory F. Van Tatenhove ruled that Congress stretched their authority to just being below 'beyond Congressional authority,' with the federal hate crime statute.

"We also take offense for the inflammatory comment from the defense that U.S. President Obama and the federal government bow to special interest groups," stated Southeastern Kentucky Regional Director Will Taylor. "Kentucky Equality Federation is not a 'special interest group,' we seek equality and justice under law, nothing more, nothing less. U.S. President Obama knows this, Kentucky Governor Beshear knows this (with his executive order protecting LGBTI people from discrimination in Kentucky government), and U.S. Attorney Harvey knows this. The defense suggesting that Kevin Pennington was doing all of this for media attention in addition to bringing the U.S. president into the argument whom the defense said 'is unpopular in Kentucky and lost badly here four years ago,' is to me us both shocking and revolting, but the jury apparently bought some of the argument."

Palmer concluded: "We heard about the assault on Kevin Pennington the day after it happened from a member of his family. We do not seek out victims, they must be ready and willing to contact us (and feel safe and comfortable in doing so). Though I find the jury's reasoning questionable given the anti-gay testimony in regards to the hate crime, this is our judicial system and we must live with the verdict. Any additional questions should be directed to our Legal Team at (859) 263-3560, or (877) KEF-5775 – Ext. 5."

Gay Hate Crime at the Warren County Regional Jail - Nose Partially Bitten Off

Kentucky Equality Federation today condemned the unprovoked attack on an openly gay male while in the custody of the Warren County Jail. The incident was reported to Kentucky Equality Federation’s Discrimination, Hate Crimes, and School Bullying Committee. Kentucky Equality Federation has tried to reach an agreement with the County Attorney, the Commonwealth’s Attorney, and the Warren County Jailer to no avail.

The Warren County Jailer insists the Kentucky Department of Corrections is responsible for what happened to the victim despite the fact that he was under the protective custody of the Warren County Jailer, given that he was technically a ward of the Commonwealth, not the County.

Nevertheless, his safety and protection were the absolute responsibility of the Warren County Jailer and staff, despite what it read on his paperwork.

The victim, Brandon Milam stated: "I was an inmate in the Warren County Regional Jail in the Protective Custody cell. Other inmates made it well known that they did not approve that I was gay. I remember hearing my nose getting ripped off my face and seeing him spit it on the floor. They all 4 started in yelling "Kill the Faggot" and "Beat that lil’ Ho Fag." I was also called queer several times. I was in jail for a probation violation over a shoplifting charge. I wasn't a flight risk and I had no violent history. My nose was basically bitten off, they attached my nose and told me that there was only a 1% chance that the tissue was going to live and that there would more than likely going to be numerous reconstructive surgeries which I cannot afford. Because of the holiday, I could not immediately go before the Judge to be placed on house arrest so I was returned to the jail. One violent inmate put a bounty on me for anyone to jump me. Later I was placed released and placed on house arrest. The jail canceled my follow-up appointments to reconstruct my nose and has refused to release my records to me."

"The deliberate indifference that the jail facility seemed to maintain when placing Mr. Milam in the cell with the attackers while being aware of his sexual orientation opens them to civil liability," stated Attorney Jillian Hall, Kentucky Equality Federation’s Vice President of Legal. "While being homosexual in and of itself does not necessarily warrant special treatment while incarcerated, recklessly ignoring this fact and placing a vulnerable inmate with others who are likely to commit a violent act such as this meets the legal standard and opens the facility, on-duty guards, and jailer to civil action. The commonwealth must pay his medical expenses as required by KRS 441.045(5) in addition to case law such as Veney v. Wyche which found that 'Segregation of male homosexual inmates was justified by legitimate penological interests in prison safety and security.'"

Hall continued: "Federal facilities are required to follow the Prison Rape Elimination Act."

"Because of the lack of response by jail officials and the county, I have instructed Kentucky Equality Federation’s in-house attorney, Jillian Hall, to file complaints with the Kentucky Department of Law and appropriate federal enforcement agencies," stated Kentucky Equality Federation President Jordan Palmer. "Regardless of the charge, inmates have rights and it is presumed that people will be safe in jail, especially when the accused has not committed a violent offense and is placed in arms reach of violent people. We demand that the commonwealth pay his medical expenses, including reconstructive surgery to his partially bitten off nose. Kentucky Equality Federation anticipates a swift monetary settlement in this case, and we demand the Warren County Commonwealth's Attorney charge those who assaulted Mr. Milam and use Kentucky’s Hate Crime law, a post conviction elevator, which includes sexual orientation."

Palmer continued: "Having an uncaring attitude towards LGBTI inmates, as well as their fundamental human rights and dignity, appears to be a growing trend across the Commonwealth’s County Jailers, we have documented complaints against the Kentucky State Police, the Madison County Jail, the Three Rivers Regional Jail (Hazard), and now Warren County. In our system of government, we presume innocence until proven guilty in a court of law. No jail in the Commonwealth would place a neo-Nazi in the same cell with a person of Jewish descent or a Black person. Steps must be taken to protect LGBTI inmates from violence, especially when they are already being called derogatory names such as queer and faggot. This case reaches beyond what happened to Mr. Milam; since anyone can swear a warrant for your arrest this could happen to any LGBTI community member or any other minority group, regardless of substantial evidence or even guilt."

Response to the Republican National Convention’s new Platform

Lexington, KY - Kentucky Equality Federation condemns the new political platform outlined at the Republican National Convention on Tuesday, August 28, 2012. "The new platform towards gay marriage and a federal constitutional amendment banning gay marriage further removes and alienates the LGBTI community as well as equality minded people from the Republican Party," stated Kentucky Equality Federation President Jordan Palmer. (related news on presidential transfer again at Kentucky Equality Federation)

"The only thing I have to say to them as far as passing a federal constitutional amendment is 'good luck.' If a constitutional amendment needs to be made to the U.S. Constitution, it should be to limit the amount of money corporations can contribute to campaigns, and limit the amount of money that can be spent on campaigning in each state. The corruption of Congress has been well documented in recent weeks by 60 Minutes, and 20/20."

Palmer continued: "Paid corporate lobbyists are effectively buying our federal representation. The federal government needs to be downsized and placed back in-check to its original charter by the several states.

By even mentioning a U.S. Constitutional Amendment, Republicans infringe not only on the sovereignty of the Commonwealth of Massachusetts as well as the states of Connecticut, Iowa, New Hampshire, New York, and Vermont but they are also attempting to force their own political agendas against the will of the citizens in those states.

This is the party of war. It has declared war on state sovereignty. It has declared war on voters which dissent from the Romney ticket by eliminating their delegates' right to be at the convention. It has now declared war on America's basic sense of justice and the most basic human rights of the LGBTI community. This has turned into a war of subjection and extermination, approaching the boldness of Hitler before his 'Final Solution.'

It is historical irony that the party created to end slavery, recognize a repressed people, and grant them the full civil rights due to them has lowered themselves to these levels. The LGBTI community continues to suffer and we are sick of our dignity and personhood constantly being trampled on. We have a right to exist, we have a fight to equality, we have a right to marry the person we love.

The tactics of the Republican National Convention remind me of the tactics used by former Kentucky Governor Ernie Fletcher, who rescinded an executive order placed by Governor Paul Patton to protect LGBTI people in Kentucky’s Government (Fletcher rescinded the order on Diversity Day, leading to Kentucky Equality Federation holding a rally outside the Governor’s Mansion during the Governor’s Annual Derby Celebration). Former Governor Fletcher, like the Republican National Convention, is also attempting to appease the very conservative right-wing hoping to garner additional votes and support. It backfired on Fletcher as it will backfire on the Republican National Convention.

On both a federal and state level, this further illustrates the need for a third political party. If the Republican Party cannot move past the LGBTI civil rights issue, it will be its undoing. In many states, including Kentucky, we have mobilization of the Green Party and the Modern Whig Party.

During the Republican National Convention, Virginia Governor Bob McDonnell spoke about creating jobs. The creation of jobs is also the responsibility of the Governor and his cabinet secretaries. What, Governor McDonnell have you done to bring jobs to the Commonwealth of Virginia? Kentucky Governor Steve Beshear has made several trips to several nations and opened Kentucky World Trade Center Offices to bring businesses from those nations to Kentucky in addition to meeting with their heads of state and government.

We are sick of being disenfranchised. We are going to exercise our rights to life, liberty, and the pursuit of happiness. These are our rights, not privileges you grant and take away. History is on our side, and we will not quietly let you exterminate and oppress us."

PUBLIC NOTICE: As required by the Bylaws of Kentucky Equality Federation and its affiliates, the non-executive Chairman of the Board, Brandon Combs "consulted and advised" the Office of the President on this press release.

Kentucky Equality Federation welcomes new Board leadership and attorney Jillian Hall

Kentucky Equality Federation President Joshua Koch extends a welcome to Kentucky Equality Federation's new Board members, in addition to new Board leadership.

President Koch also welcomed attorney Jillian Hall as Kentucky Equality Federation's Legal Director and its Allies Community Outreach Director.

"We are absolutely excited at the new group of leaders who have risen to the challenge," Koch said. "We are constantly moving forward, and this election is vital to shaping our strategy going forward. This team's recent sacrifices and capacity to seize the initiative portends great things for Kentucky Equality Federation and the Kentucky equality movement."

This brings Kentucky Equality Federation's total Board members to its maximum of ten (10) per new Bylaws approved by the official membership.

New Board members and Board leadership include:

• Brandon Combs, M.S., Chairman of the Board (Telecommunications Supervisor for the University of Kentucky Police Department)
• Gary Fowler, Psy.D., Vice Chairman of the Board (former chair of the Governor’s HIV/AIDS Planning Committee, the Kentucky Advocate and a Board member for the Southern AIDS Coalition (SAC), and the former president of the Kentucky HIV/AIDS Advocacy Action Group, a Kentucky Equality Federation member organization)
• Fran Everage, Secretary of the Corporation
• Dean Byrd, Jr., Assistant Secretary of the Corporation
• Minister Edith Baker, Ph.D.
• Jody Gregory
• Dale Cochran

All previous Board members remain part of the Board of Directors per Kentucky Equality Federation's rotating Board election schedule, including founder Jordan Palmer.

Kentucky Equality Federation's Interim Committee for Official Membership did retire several Board members prior to new elections being held. Official membership typically meets once a year to elect the Board of Directors and the President. Between these times the interim committee handles most items with unlimited authority.

The Board elects its own non-executive Chair (sometimes legally referred to as the Board President), Treasurer, Secretary of the Corporation, and other Board leadership.

Administration consists of the president, officers appointed by the president, all regional directors, outreach directors, and all other volunteers and interns appointed by the president as the chief executive officer of Kentucky Equality Federation and its affiliates.

Former Kentucky Equality Federation President Jordan Palmer, the Board of Directors, and Membership made sweeping changes several years ago to get Board members out of day-to-day operations and make the Board an oversight and legislative body for Kentucky Equality Federation and its affiliates. This included extensive changes to Bylaws which only official membership or the Interim Committee for Official Membership may change.

At the time, former Chairman Richard T. Jones and Secretary Dean Byrd also called the changes necessary.

Former President Jordan Palmer called the changes "a must" to make the Board of Directors "a truly independent and oversight board; management can justify any action so long as management also makes the sum of board members. Without an independent body supervising management, management has complete authority to run amok without answering to anyone. Without an independent Board you effectively have a "clique," that can do or say anything without consequences. A key attribute of an effective board is that it is comprised of a majority of independent outsiders; a board with a majority of insiders is often viewed as being stacked with sycophants, especially in cases where the executive and the chair are the same person."

In 2011 Palmer also pointed out: "Most non-profits and private companies now have or are seeking independent boards. Most now require that a minimum of two-thirds be independent. Having a chair and a president who are one in the same is toxic to any corporation, non-profit or for-profit. I am proud of the changes we have instituted at Kentucky Equality Federation and our affiliates."