Questioning Transphobia

My gender is rage

Yes Your Showers!

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Equality Maryland and Lambda Legal successfully challenged Citizens for a Responsible Government’s petition to place the trans rights passed last year on the ballot. Lambda Legal:

Lambda Legal, together with Equality Maryland, represented concerned Montgomery County registered voters who opposed this latest effort to set back the clock on civil rights in the state.

On November 13, 2007, in order to address discrimination against transgender individuals, the Montgomery County Council unanimously passed an act that added gender identity to the county’s civil rights law. A group calling itself Citizens for Responsible Government (CRG) sought to block the law by gathering signatures for a referendum petition. We challenged the referendum because the Montgomery County Board of Election over counted the signatures in violation of the rules governing the process, and Maryland’s highest court ruled in our favor.

“This long overdue, crucial law is all about assuring that unchecked bias is not allowed to inhibit our neighbors’ abilities to make a living or rent a home, and as a Montgomery County resident, I breathe a sigh of relief that this campaign to roll back anti-discrimination protections is now over,” said Dan Furmansky, Executive Director of Equality Maryland.

Equality Maryland:

FOR IMMEDIATE RELEASE
Tuesday, September 8, 2008

Victory in Maryland: High Court Rules for Challengers to Illegal Referendum Petition That Attempted to Overturn a Transgender Anti-Discrimination Law

CONTACT:
Dan Furmansky, Executive Director
301-587-7500
Cell: 301-461-4900
Dan@EqualityMaryland.org

Annapolis, Md. – In a one paragraph order issued today, the Maryland Court of Appeals ruled in favor of a challenge to a referendum that attempted to block a unanimously enacted transgender protection law.

“We’re pleased with this victory. The court ruled in our favor in our challenge to this improper referendum,” said Natalie Chin, Staff Attorney at Lambda Legal. “Though the order was brief we feel confident that we’ve stopped this referendum from being on November’s ballot.”

The court indicated that they will be releasing an opinion at a later time.

On November 13, 2007, the Montgomery County Council unanimously passed an act adding gender identity to the county’s civil rights law in order to address discrimination against transgender individuals. A group calling itself Citizens for Responsible Government (CRG) sought to collect enough signatures on a referendum petition to block the law from going into effect. Lambda Legal, together with counsel retained by Equality Maryland, represented concerned Montgomery County registered voters who opposed CRG’s flawed referendum effort to set back the clock on civil rights in Montgomery County. Lambda Legal and Equality Maryland argued that the number of signatures needed to put the referendum petition on the November general election ballot was insufficient and that the Montgomery County Board of Elections over-counted purported signature entries in violation of detailed statutes that safeguard the referendum process.

“This long overdue, crucial law is all about assuring that unchecked bias is not allowed to inhibit our neighbors’ abilities to make a living or rent a home, and as a Montgomery County resident, I breathe a sigh of relief that this campaign to roll back anti-discrimination protections is now over,” said Dan Furmansky, Executive Director of Equality Maryland. “While we are confident the voters of Montgomery County would have voted against rolling back this law, , it is far better that our transgender brothers and sisters be spared the rhetoric that the referendum proponents have subjected them to over the past year. Equality Maryland thanks Lambda Legal, the National Gay and Lesbian Task Force, the law firm of Arnold and Porter, and the many volunteers who came together to assure that our laws in Montgomery County are on par with the 100 other jurisdictions nationally that protect residents from discrimination on the basis of gender identity.”

Susan Sommer, Senior Counsel, and Natalie Chin, Staff Attorney, are on the case for Lambda Legal. Jonathan Shurberg, lead attorney for Equality Maryland, argued the case. The case is Doe et al. v. Montgomery County Board of Elections.

###

Equality Maryland is Maryland’s largest LGBT civil rights organization, focused on making life better for gay, lesbian, bisexual and transgender citizens of Maryland. Equality Maryland works to secure and protect the rights of gay, lesbian, bisexual and transgender Marylanders by promoting legislative initiatives on the state, county and municipal levels and educating the public about the issues faced by our diverse community.

You can read my previous posts about this here.

Edit: Monica Roberts posted about this here. Plus, quotes the Washington Blade article.

Written by Lisa Harney

September 9, 2008 at 11:04 pm

15 Responses

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  1. That’s great news!

    It’s a bit disturbing that it’s possible under the right conditions and statute to put such human rights legislation to the popular vote, though…

    z

    September 9, 2008 at 11:08 pm

  2. Incredibly disturbing. I believe it’s known a Tyranny of the Majority.

    I worry that they’ll try again elsewhere, with different tactics.

    Lisa Harney

    September 9, 2008 at 11:10 pm

  3. I know. With the fundie push on gays weakening, we’re the next likely target. :(

    z

    September 9, 2008 at 11:14 pm

  4. We are the next target – if you check my other posts on this, Dobson himself is talking about destroying our civil rights all over. This was just the first shot.

    Lisa Harney

    September 9, 2008 at 11:18 pm

  5. yay, finally some good news.

    so fucking over Dobson. I want to just…rrr.

    belledame222

    September 10, 2008 at 12:49 am

  6. I’m sure that the deciion will only add to the right’s ire against “the courts”. For some reason bigots hate The Law.

    rioTgirl

    September 10, 2008 at 12:11 pm

  7. I like how decisions in their favor are a victory, but decisions against them are “activist judges.”

    Lisa Harney

    September 10, 2008 at 12:16 pm

  8. Whoo hoo! You’re right that they may try again elsewhere . . . but at least this one worked out okay.

    Cara

    September 10, 2008 at 2:02 pm

  9. mmmhmm. “activist judges” who “legislate from the bench.”

    ATTN anti-civil rights assholes: That’s Not How Legislation Works.

    Congratulations and thanks to all who worked to overturn this petition. And I think you’re right about this just being a salvo in an on-going war that will pick up steam. I think we can expect more, and increasingly ridiculous scare-tactics coming from the right wing.

    silver

    September 10, 2008 at 4:29 pm

  10. YES on legislation.

    And yes on everything else.

    Lisa Harney

    September 10, 2008 at 4:35 pm

  11. “I like how decisions in their favor are a victory, but decisions against them are “activist judges.”

    but of course.

    belledame222

    September 11, 2008 at 1:34 am

  12. [...] via Questioning Transphobia comes the news that Lambada Legal successfully challengened the petition to put the issue on the [...]

  13. I wonder why we don’t start calling Right-Wing members of Congress and The Senate “Activist Legislators” when they draft discriminatory bills and vote for them. However, back to the topic… WOO!! always good to remind people that fair treatment and civil rights for a disadvantanged minority should never be voted upon by a hostile majority.

    rioTgirl

    September 11, 2008 at 3:23 pm

  14. Lisa, Tyranny of the Majority, indeed…

    rioTgirl, we don’t want to call them “Activist Legislators,” because then that would make them, um, activists, and not just bigots in power.

    Oh, but what I also wanted to say is that it’s good to see those big gay nonprofits doing something that doesn’t relate to marriage marriage military adoption marriage — yay for a moment of progress!

    mattilda bernstein sycamore

    September 12, 2008 at 11:04 pm

  15. There are two other locations they’re having this fight, but i don’t remember offhand. They’re mentioned on the Bilerico post for sure.

    Lisa Harney

    September 12, 2008 at 11:18 pm


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