pgn Philadelphia Gay News LGBT NEWS SINCE 1976
Vol. 41 No. 14 April 7-13, 2017
Family Portrait: Ryan Lewis gears up for biking PAGE 29
Pa Supreme Court gives Judge Segal a win PAGE 2
HONESTY • INTEGRITY • PROFESSIONALISM
“Shut Up & Dance” hits milestone
Music of spring
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Appeals court issues landmark ruling on workplace discrimination By Jen Colletta jen@epgn.com For the first time, a federal appellate court has found that gays and lesbians are protected from employment discrimination under federal law. The landmark finding is expected to ultimately bring the issue before the U.S. Supreme Court. The Seventh Circuit Court of Appeals on Tuesday ruled 8-3 that a case by Indiana college professor Kimberly Hively, who contends she was discriminated against by an Indiana university because she is a lesbian, can proceed. A previous hearing of the case in a trial court resulted in a find-
ing that Title XII of the Civil Rights Act of 1964 did not prohibit discrimination based on sexual orientation. However, Tuesday’s ruling opined the opposite, that “discrimination on the basis of sexual orientation is a form of sex discrimination.” Judge Diane Wood wrote that an adverse employment decision based on the way a woman dresses, speaks or acts — including whom she dates or marries — qualifies as sex discrimination. Wood wrote: “Hively represents the ultimate case of failure to conform to the female stereotype (at least as understood in a place such as modern America, which views heterosexuality as the norm and
other forms of sexuality as exceptional): She is not heterosexual. “Hively’s claim is no different from the claims brought by women who were rejected for jobs in traditionally male workplaces,” Wood continued, “such as fire departments, construction and policing. The employers in those cases were policing the boundaries of what jobs or behaviors they found acceptable for a woman (or in some cases, for a man).” Hively contends conditions at Ivy Tech Community College went downhill in 2009, after she kissed her girlfriend goodbye on campus. She was admonished by a supervisor and went on to be denied several
Commission on LGBT Affairs elects three officers
First-ever resolution honors trans visibility By Jen Colletta jen@epgn.com Philadelphia City Council chambers were packed last week for the introduction — and swift, unanimous adoption — of a resolution celebrating the transgender community. The legislation, passed March 30, declared the next day Transgender Day of Visibility, an international occurrence since 2009. Past city efforts have included proclamations about the day, but this was the first time Council adopted a resolution in honor of the occasion. The text of the resolution noted an estimated 1-million transgender Americans, who it said have “bravely overcome significant hardships to build vibrant and thriving communities, often in the face of systemic and interpersonal prejudice, discrimination, and violence.” The measure highlighted the vibrant history of the trans community, from early pioneers like Sylvia Rivera, Miss Major and Marsha P. Johnson to recent civil-rights efforts led by trans activists. The measure emphasized that, despite growing visibility, trans individuals, particularly women of color, continue to face violence, and listed the names of eight trans women of color murdered this year. “The trans community has been very visible and powerful, working on a number of different issues, PAGE 14
promotions and opportunities for full-time employment. Hively filed suit in 2014, but her case was dismissed by the trial court, a decision upheld by a panel of the Seventh Circuit. Lambda Legal appealed to the full appellate court, leading to this week’s ruling. “I have been saying all this time that what happened to me wasn’t right and was illegal. Now I will have my day in court, thanks to this decision,” Hively said in a statement Tuesday. “No one should be fired for being lesbian, gay or transgender like happened to me, and it’s incredibly powerful to know that the law now protects me and other LGBT workers.” n
By Jeremy Rodriguez jeremy@epgn.com
UNWELCOME WAGON: More than 200 activists put up a united front against an anti-transgender bus that visited Philadelphia Saturday afternoon. The city’s Office of LGBT Affairs and local agencies and leaders organized a counter-protest to proclaim support for transgender individuals, under attack by the messaging on the bus, spearheaded by the National Organization for Marriage. Prior to the bus’ arrival, city and community leaders spoke outside City Hall and raised the transgender flag. Photo: Scott A. Drake
He said he is “excited” to take on the treasurer role to see what the commission can do with funds. “We’ll definitely have some opportunities to fundraise,” Evans said. “I have a decent amount of experience in coming up with ideas for fundraising efforts and getting people engaged. Time will tell what we’ll need the money for but when we identify those things, we want to be ready.” Peters took on some responsibilities of secretary even before
The city’s Commission on LGBT Affairs held elections last week for three board members: Sharron Cooks, Jason Evans and Libby Peters were elected as chair, treasurer and secretary, respectively. The commissioners voted through an online poll after a nomination process. City Director of LGBT Affairs Amber Hikes noted the activism efforts of Cooks, who declined to comment. A city spokesperson confirmed that Cooks is the only transgender individual leading a city commission. LGBT COMMISSION CHAIR SHARRON “Sharron has been such COOKS (LEFT), TREASURER JASON D. an incredible leader in EVANS AND SECRETARY LIBBY PETERS terms of trans issues and people of color in this city for she was officially elected. Hikes years,” Hikes said. “Sharron has noted that Peters was the first perreally been a force in this commu- son to volunteer to take minutes during the first commission meetnity.” Evans noted his experience in ing. The newly elected secretary Penn Law’s development office, where he helped organize fund- said that, in addition to recording raising, and his work coordinat- meeting minutes, she wants the ing fundraisers for politicians and committees to collaborate without community centers at local bars. repeating their PAGE 14