Wrapping up the week at the Supreme Court with Mary Bonauto

Post by Laura Kiritsy, Manager of Public Education

GLAD Civil Rights Project Director Mary Bonauto (right) discusses
DOMA and the Supreme Court on the Rachel Maddow Show March 27

On the heels of two of the most exciting and important days in recent LGBT history – the Supreme Court arguments in the Perry and Windsor cases – our own Mary L. Bonauto gave her expert analysis on the arguments in a conference call with GLAD’s Equal Justice Council late last week. Not surprisingly, we had the most RSVPs we’ve ever had for one of our monthly EJC calls.

Before summarizing Mary’s analysis, allow me to kvell for a moment, and point you toward a recent New York Times profile that does a fantastic job detailing Mary’s and GLAD’s historic and strategic contributions to the marriage movement, work that made last week’s Supreme Court showdown possible. She also wound up  on Rachel Maddow’s show –– and went head to head with the Family Research Council’s Ken Klukowski on PBS News Hour, among several other media appearances.

Now, a few highlights of Mary’s analysis, which was offered with the caveat that she was giving her “tentative impressions” of the arguments and the questions the justices asked, rather than making a prediction about case outcomes. 

No Ordinary Day

GLAD Public Affairs and Education Intern Adam Connito was in D.C. on March 27 to watch his aunt sworn in before the U.S. Supreme Court, and was able stay for the arguments in Windsor v. United States. He shares his reflections - written in the airport on his return flight to Boston - on witnessing the historic deliberations on behalf of Edie Windsor (pictured above with her late wife Thea Spyer) and tens of thousands of others impacted by DOMA.

Airports are a good place to reflect. Something about leaving one place for another – maybe it’s the anticipation of movement, progress, and destination. It’s nice to think about where you were before you get to where you’re going, and I can’t shake the thought of serendipity when I consider that my first trip to D.C. included a visit to the nation’s highest court to hear oral arguments in Windsor v. United States.

Creating "Beloved Community" Outside the Supreme Court

Post by Carisa Cunningham, Director of Public Affairs and Education

Inside the Supreme Court on Monday and Tuesday it was all blue suits, “may it please the Court”, legal arguments, and tradition.  Outside the court was a very different and yet also very American scene. 

Wandering around connecting our side’s people with reporters, I was invigorated by the variety of expression and sheer joy of equality supporters.  What’s not to love about signs like “If God hates gay people, then why are they so cute?” and “Nature Digs Homosexuality: Scientists for Equal Rights”?  In addition to scientists, there were labor unionists, inter-racial (straight) couples, African-American ministers, military members, kids and grandparents, civil rights leaders, people from north, south, east, and west, all supporting equality under the law for gay people.

The other side cornered the market in mixed messages:  we had the Westboro Baptist Church singing “Another One Bites the Dust” – by Queen; and men in skirts (okay, kilts) in an anti-equality marching band.

I ran into our wonderful plaintiffs Melba Abreu and Beatrice Hernandez, as well as Bette Jo Green and Jo Ann Whitehead, and Goodridge plaintiff David Wilson spoke to the crowd on the second day.  The media was both penned up below the Supreme Court steps, and set up on the plaza to talk to lawyers and plaintiffs immediately following argument.  Both days, the first person out the building was Jeffrey Toobin of CNN, who headed straight for his camera and immediately started talking.

It was incredibly moving to see Edie Windsor, in her bright pink scarf, waving to the crowd, which lovingly cheered her.  And it was satisfying to see GLAD’s Mary Bonauto share her wisdom with everyone from ABC News to members of the community who stopped her on the street.

Kudos go to all of the organizers, and all who showed up, whether organized or disorganized.  No matter what the legal outcome, these two days were a true expression of what Martin Luther King, Jr., called “the beloved community.”  He said, “But the end is reconciliation; the end is redemption; the end is the creation of the beloved community. It is this type of spirit and this type of love that can transform opposers into friends. It is this type of understanding goodwill that will transform the deep gloom of the old age into the exuberant gladness of the new age. It is this love which will bring about miracles in the hearts of men.”  

What a Day it Was: Stepping Up for Equal Rights

Jo Ann Whitehead (right) and Bette Jo Green, plaintiffs in GLAD's challenge to DOMA, Gill v. OPM, were in Washington D.C. last week for the rallies outside the Supreme Court. They share their experiences below.

Jo Ann Whitehead

And now we step up for our rights under the law of the land.  Bette Jo and I are happy we went to DC last week to stand outside SCOTUS during the morning rallies on Tuesday, March 26 (prop 8) and Wednesday, March 27 (DOMA):

The weather was cold, but the fervor for equality warmed us deeply.  The size of the supportive rally crowd took our breath away; it felt like a cold-weather Gay Pride Day.  As the rally formed, we were cheek-to-jowl, able to move slowly through the flux of the crowd; this was a great opportunity to strike up conversations and make new “instant friends.”  There was a mix of young, old, lgbt, straight, racially and culturally diverse, businesses, political groups, and religious groups.  When the religious leaders (representing about every denomination you can think of) came from the prayer breakfast and walked through the crowd to the speakers’ area singing “this little light” it sparked a joyous sing-along.

Fortunately, we were a distance from the “opposition” and the “must-hate” groups who were there, but they were much smaller numbers than the waves of support; some of their signs and banners were confusing, some were downright nasty (tradition, marriage, property; [swastika]; god hates fags). 

From our vantage point we enjoyed the bountiful upbeat, colorful, and supportive signs and banners, some homemade and some provided by the rally organizers:  (Jesus had two dads and he turned out fine; guys, I said I hate figs; if God hates gay people, why are they so cute?; in case you’re confused [the rainbow flag] isn’t a white flag). 

We were so happy to see two other Gill vs OPM plantiffs (Beatrice and Melba, who stood for a loooong time in the “three minute line” to get into SCOTUS for a bit of the hearing on Wednesday).  Kudos go to many:  GLAD, HRC and other media coordinators; the rally organizers (the lineup of speakers was notable); the legal teams, the legal teams, the legal teams... 

Wow, thank goodness times change!  As Gill vs OPM plaintiffs, we hope the big celebration comes soon.

Bette Jo Green

Tuesday morning early we were on our way.  The Metro was humming with folks in suits carrying  briefcases, getting on and off, until we arrived at our stop: Capitol South.  We emerged into the crisp air, greeted by volunteers in red t-shirts and vests, giving us directions to the Supreme Court building, along with placards and smiles.  Our placards read “Marriage is Love Commitment Family” and we noticed more and more warmly dressed placard-carrying folks going in the same direction.  Then we joined the throng – bright colors, lots of laughter, hand-printed signs, rainbow flags – and tried to get as close to the front steps as possible.  People stood in the visitor line for the hearing, but many more were just like us making their way past the cameras and reporters to celebrate this historic moment together:  the Supreme Court of the United States (SCOTUS) taking on gay marriage and gay marriage rights.  I shivered when I saw EQUAL JUSTICE UNDER LAW inscribed on the building.  Could that also apply to us?

The cold wind on this sunny day didn’t seem to matter so much in such a sea of humanity.  We were huddled close together, jostling, saying “excuse me” so many times that we started talking about the day, learning each other’s stories, laughing as each new sign went by, chanting, singing, applauding the speakers, thanking the volunteers for all their efforts.  We were a sea of color:  rainbow and American flags, scarves, mittens, hats, and skin tone with the musical interludes keeping us hopping.  A large contingent of ecumenical clergy wound their way through the crowd singing “This Little Light of Mine, I’m Going to Let it Shine” drawing us all in.  And the speakers from near and far gave us inspiration from their personal stories and their support of the LGBT community.  We left many hours later, only after our numb feet couldn’t hold us up any more.   We needed energy for the next day.

Wednesday morning we were old timers, not only in age, but in experience.  We knew the route, the stop, the way and came even earlier to the front steps of SCOTUS.  This time we introduced ourselves to the folks around us who came from Virginia, Maryland, California, etc.  Gay, straight, young, old, black, white – all energetic, all with stories to tell.  The placards read “Equality Now” and multitudes of American flags joined the handmade signs, each person with a wider grin than the last.  By this time our cheeks hurt from smiling so much.  We talked with each other about the joys of commitment and our families and the weather and how good it felt to be here.  It was amazing to realize that each of us in that vast crowd had a story to tell if we would take the time to listen.  And we cheered for Edie Windsor and her legal team when she emerged from the SCOTUS building.  By that time we were happily ensconced indoors watching her on TV.

What a good day it was.

Rhode Island’s Marriage Marathon

GLAD Attorney Janson Wu testifying at last night's hearing

Advocates for the freedom to marry often say that this movement is a marathon, not a sprint. Rhode Island is a case in point. Marriage bills have been filed every session since the late 1990’s, yet Little Rhodey is the only one of our New England neighbors that has not opened marriage to same-sex couples.

But this could be the year when loving, committed same-sex couples finally win the opportunity to say “I do.” Not in nearby Swansea or South Attleboro, Mass. or Pawcatuck, Conn., but in the state they call home. Rhode Islanders United for Marriage, a coalition of which GLAD is a part, is running a stellar campaign, thanks to dedicated local leadership and experienced veterans of other New England marriage campaigns. The House has already passed the marriage bill. Gov. Lincoln Chafee has pledged to sign it. Now, it just needs to pass the Senate, a more conservative body, but nonetheless where we have steadily built support.

Know Your Rights: Tax Deduction for Medical Care Related to GID

Post by Bruce Bell, Legal InfoLine Manager

GLAD has great news for transgender people who may benefit from claiming a tax deduction for medical treatment The Internal Revenue Service (IRS) determines the types of medical treatment that may qualify for a medical deduction on a person’s federal income tax.  Even though the American Psychiatric Association in its Diagnostic and Statistical Manual of Mental Disorders (DSM) identified a medical condition (called “gender identity disorder (GID)” in its fourth edition, now called “gender dysphoria” in its fifth edition that will be released this May), until 2010 the IRS considered most treatment for GID to be cosmetic and, therefore, not eligible to be claimed as a medical deduction.

But this changed in 2010, when GLAD won the O’Donnabhain case in federal Tax Court.  As a result of this victory, the IRS now considers GID a medical condition, and therefore the expenses related to the treatment of GID may be claimed as a medical deduction. As it does with any medical deduction, the IRS requires medical documentation that the treatment you received was appropriate for your specific diagnosis. 

If you have had medical expenses for the treatment of GID in previous tax years, the IRS allows you to file an amended return for up to three years from the date of your original filing.  This means that in most cases, you still have until April 15, 2013 to file amended returns for the 2011, 2010 or 2009 tax years. 

In addition to taking a medical deduction on your income tax, you may be able to get reimbursed for expenses related to your medical care if you have a consumer-directed health plan such as an FSA, HSA, MSA or HRA, because these plans use the IRS code to determine allowable medical expenses.

GLAD strongly recommends that you consult with a tax professional about the best course of action for your particular case and that you have sufficient medical documentation for any expense you are claiming. 

If you have any questions about this, or any other LGBTQ/HIV legal issue, please contact GLAD’s Legal InfoLine at 800-455-GLAD (4523) or at www.glad.org/rights/infoline-contact.  This is a free, confidential service where you can receive information and resources tailored to your individual needs from a highly trained volunteer.

Know Your Rights: HIV Testing—Consent and Privacy Issues

Post by Bruce Bell, GLAD Legal InfoLine Manager

Strong legal protections for people living with HIV are essential prerequisites to effective risk-reduction and prevention strategies. By fighting discrimination based on HIV status, protecting people’s privacy, and improving access to information about HIV-related legal issues, we can strengthen the health of our communities.

GLAD’s AIDS Law Project continues to fight for strong privacy protections for HIV status and medical information, and to educate the public about the consent requirements for HIV testing across New England.

Because the laws vary from state to state, it’s important to understand what is and is not allowed or required where you live.  Read on for an overview, and visit www.glad.org or contact our Legal InfoLine for more information.