Equality in Kentucky is getting closer; the truth about the Kentucky Senate

Want to know why Kentucky doesn't have a statewide law banning discrimination against gay and lesbian people (the entire community, LGBTI) in employment, housing, credit, and accommodations? The answer is simple, Republicans in the Kentucky Senate always defeat the measure, most of the time without the legislation making it out of committee. (previous story)

However, equality and fairness may be closer than you think.

Long time anti-gay Senate President David Williams is slowly, but surely losing control of the Kentucky Senate. Why? Governor Steve Beshear keeps appointing them to executive positions within his cabinet, and under his control. One by one, Republicans are leaving the Kentucky Senate for higher paying jobs in the Executive Branch of Kentucky's Government, or the Judicial Branch.

Kentucky Democrats gained another chance Monday to increase their numbers in the GOP-led state Senate when Gov. Steve Beshear opened up a seat by appointing a longtime Republican senator to serve as a judge.

Beshear, a Democrat, appointed Sen. Dan Kelly to be circuit judge in Kentucky's 11th Judicial Circuit, which represents four counties southeast of Louisville. Republicans held a 20-17-1 lead - including one independent who tends to side with the GOP - in the state Senate before Kelly's departure.

"I made the decision based on his qualifications," Beshear said.

Senate President David Williams, a Burkesville Republican, had predicted that Beshear would appoint Kelly to the judicial vacancy. Williams said at the time Beshear was "poisoning" the state's political atmosphere by dangling jobs to lure Republicans out of the Senate.

Governor Beshear has helped Kentucky's LGBTI community, but he cannot do more (and neither can Senator Stein, Representative Tom Burch, and others until the Senate changes leadership). (previous story)

In Kentucky, you cannot be fired for being a smoker, but you can be fired for being gay......now THAT is cheating (what the Family Foundation of Kentucky called Kentucky Equality Federation’s coordination of the 2009 National Freedom to Marry Day in Kentucky). I'm sure the Family Foundation of Kentucky is biting their nails off since they are close to most Republicans in the Kentucky Senate, and almost always testify at Senate Committee hearings.

Look the the following statements below from your Kentucky elected lawmakers (source 1, source 2):

Homosexuality is aberrant behavior. - Senate President David Williams (R) (January 2008) (story, and argument with Kentucky Equality Federation President Jordan Palmer)

It's OK to fire someone if they're gay. Historically, homosexuals haven't suffered. - Representative Joseph Fischer (R) (October 2006) (story 1, Kentucky Equality Federation leads protest against Statehouse Rep. Joe Fisher during election debate), and (story 2, Kentucky Equality Federation and Kentucky Fairness Alliance slam a Kentucky Representative)

The University of the Cumberlands stands for what is positive [by expelling a gay student]. - Senate President David Williams (R) (August 2006)

I don't want to entice any of those people [queers] into our state. Those are the wrong kind of people. – Senator Dick Roeding (R) (July 2006)

The Log Cabin Republican Club of Kentucky, a gay GOP group, "are nothing but a bunch of queers." - Senator Dick Roeding (R) (July 2006)

I wouldn't think that there would be a lot of support in the General Assembly for giving benefits to people that were involved in same-sex relationships. Doing so would be bad public policy. - Senate President David Williams (R) (July 2006)

I am committed to protecting traditional marriage. I proudly supported the Same-Sex Marriage Amendment proposal in Kentucky in 2004 and was pleased to see it pass with 74% of the vote. - U.S. Representative Geoff Davis (R) [part of Kentucky's Congressional delegation] (July 2006)

Since 2006, Kentucky Equality Federation, Kentucky Fairness Alliance, and the Louisville Fairness Campaign have trained people to lobby their elected officials in Frankfort for complete LGBTI equality; they have a rally in the Capitol Rotunda yearly in support of this.* (source)

Since pro-gay legislation always passes the Kentucky House of Representatives (the Democratic Party has a huge lead in the Kentucky House), will the same happen if Democrats re-take the Kentucky Senate?

Complete equality and fairness for our community could be closer than anyone thinks.

Support Kentucky's LGBTI organizations that lobby and fight for your rights!

* Special Note: The Lexington Chapter is Kentucky Fairness Alliance separated from the organization at some point in 2007 and is now called Lexington Fairness. Lexington Fairness also participated in the 2007 and 2009 lobbying and rallies.

FYI.... Governor Beshear declares emergency to prevent price gouging

Governor Steve Beshear has declared a state of emergency to prevent price gouging on gasoline and other items as hurricane Ike moves closer to the Texas coast.

“I am outraged by the voracious practices of price gouging we are seeing,” Beshear said in a statement. “Today, I have taken an extraordinary step to protect the consumers of the commonwealth from these predators.”

The declaration triggers several consumer protection measures, including authorization for the Kentucky Attorney General to investigate and prosecute those who engage in predatory pricing during a disaster.

Speaking to reporters outside the Lexington Health Department, Beshear said he had spoken with Attorney General Jack Conway, who is beginning to investigate complaints that have been pouring into both of their offices all day.

Beshear said taking such measures wasn't politically motivated.

"I would ask folks to look at the gas pumps. It's anything but politics," he said. "I think it is an emergency when folks wake up in the morning and all of a sudden they're having to pay 50 cents, 60 cents, 70 cents more at the gas pumps than the day before when the hurricane hasn't even hit anything."

Conway, the attorney general, has scheduled a briefing later Friday. Anyone with specific complaints about specific gas stations are encouraged to email information to gaspricecomplaints@ag.ky.gov.

In Lexington, people lined up two to three cars deep at area gas stations.

“It’s been busy all day long,” said Jacqueline Wilkinson of the Thorntons on Winchester Road near Interstate 75. “Usually on Fridays we’re busy, but nothing like this.”

Lerry Campbell of Lerry’s Hair Design left work to fill up after hearing concerns that stations might run out. Sure enough. He stopped by the Speedway at Liberty Road only to learn it was out of regular unleaded because of the unexpectedly high demand.

“I was almost on empty,” he said.

Some people brought in extra gas cans to fill up. Beside Campbell at Shell was Jean May of Lexington who heard talk that the price might go up a dollar as Hurricane Ike approaches refineries along the Gulf Coast.

She initially passed the Shell and Thorntons, which was charging $3.729, in favor of checking the station at Wal-Mart because “they’re usually cheaper.” Nope. It was more than 10 cents higher and by the time she returned, Thorntons and Shell had raised their prices.

“Wouldn’t you know it,” she said laughing.

Free speech isn’t really free is it?

The Freedom of Speech is granted by the Kentucky Constitution, the U.S. Constitution, as well as the United Nations Universal Declaration of Human Rights. Free speech isn’t really free is it? Millions of people have died to protect it in both Worlds Wars alone; I wouldn’t call that free, it came with a large price attached to it. Does a responsibility come with the Freedom of Speech?

After seeing post after post about Fred Phelps and the Westboro Baptist Church (www.godhatesfags.com) finally getting what they deserve (a federal court has ordered liens against the Westboro Baptist Church, which recently lost a $5 Million Dollar civil suit).

The church expresses the idea that nearly every tragedy in the world is linked to homosexuality – specifically society's increasing tolerance and acceptance of the "Homosexual Agenda." The group maintains that God hates homosexuals above all other kinds of "sinners" and that homosexuality should be a capital crime.

The Kentucky General Assembly enacted legislation to protect Kentuckians from the Phelps clan during funerals; the ACLU however did not agree with the legislation, sued the Commonwealth, and ultimately the law was considered unconstitutional.

The United States First Amendment grants absolute freedom of speech, placing the burden upon each state to demonstrate when (if) a limitation of this freedom is necessary, such as the examples below:

• Defamation (slander and libel)
• Product defamation (criticism of commercial products; sometimes called product libel or product disparagement)
• Threats
• Lying in court (perjury)
• Public use and/or disclosure of anything covered by a confidentiality agreement
• Talking out of turn during a trial, or talk that causes contempt of court
• Speaking publicly without a permit (not enforceable in Kentucky; see the Constitution of the Commonwealth of Kentucky)
• Speaking publicly outside of a free speech zone (not enforceable in Kentucky; see the Constitution of the Commonwealth of Kentucky)
• Company secrets (trade secrets), such as how a product is made or company strategy.
• Lies that cause a crowd to panic or causes Clear and present danger or Imminent lawless action, such as shouting fire in a crowded theater
• Fighting words doctrine: "insulting or 'fighting words', those that by their very utterance inflict injury or tend to incite an immediate breach of the peace"
• Treason: to talk publicly of the death of all citizens or the overthrow of the state (the act of treason against the state of punishable by death in the Commonwealth of Kentucky).

Should the Westboro Baptist Church be permitted to protest funerals and gay pride events? Don’t the people present have the right to assemble without being interrupted? What about the mental anguish involved in being protested against (which is why the Westboro Baptist Church has been ordered to pay out $5 Million Dollars)?

If we don't believe in free expression for people we despise, does this mean we don’t believe in it at all?

Do we have a responsibility to use the freedom of speech in a responsible way?

Outrageous! Smokers protected, LGBT people are not!

By: Jacob Barrett

During the course of what I do as Director of Development for Kentucky Equality Federation, I thought maybe we should build a coalition with the Kentucky Commission on Human Rights. Once I got to their page I looked a plaque that has the protected classes under Kentucky law (includes Kentucky Acts, Revised Statues, Administrative Relations, and Executive Orders).

Now you all know what the common ones are, but to my utter amazement smoking is a protected class in Kentucky. Smoking is clearly a choice. Being gay is not, but even if you believe it is, why is it not a protected class in Kentucky since something as trivial as smoking is?

In Kentucky, being LGBT makes you a second class citizen! We are not protected for we are, but on the up side, you’re protected if you smoke! This should make everyone realize just how far down the “food chain” LGBT people are in the Commonwealth of Kentucky.

In Kentucky, the commonwealth will not protect you, and it is perfectly legal for your employer to fire you because of your sexual orientation or gender identity……so, if you’re LGBT and you’re gonna get fired, just say, “Hey wait! I’m a smoker! Wanna go have a cigarette with me?”

In Kentucky, we have a long, long, LONG way to go!

KRS 344.040 Discrimination by employers.

It is an unlawful practice for an employer:

(1) To fail or refuse to hire, or to discharge any individual, or otherwise to discriminate against an individual with respect to compensation, terms, conditions, or privileges of employment, because of the individual's race, color, religion, national origin, sex, age forty (40) and over, because the person is a qualified individual with a disability, or because the individual is a smoker or nonsmoker, as long as the person complies with any workplace policy concerning smoking;

(2) To limit, segregate, or classify employees in any way which would deprive or tend to deprive an individual of employment opportunities or otherwise adversely affect status as an employee, because of the individual's race, color, religion, national origin, sex, or age forty (40) and over, because the person is a qualified individual with a disability, or because the individual is a smoker or nonsmoker, as long as the person complies with any workplace policy concerning smoking; or

(3) To require as a condition of employment that any employee or applicant for employment abstain from smoking or using tobacco products outside the course of employment, as long as the person complies with any workplace policy concerning smoking.

KY will not appeal Cumberlands decision (duhhh)

In April 2006, Kentucky legislators approved a $12 million grant to the University of the Cumberlands, a private school in Williamsburg, Ky., affiliated with the Kentucky Baptist Convention.

The university expelled student Jason Johnson in April 2006 after he posted comments about his sexual orientation on MySpace.com.

Ernie Fletcher, the governor named in the lawsuit, had asked a judge to determine the constitutionality of using taxpayer money for private institutions of higher education. His successor, Steven Beshear, said he agreed with the ruling and his office would not appeal the decision.

This was one of the primary reasons for the Soulforce Equality Ride visit to the Cumberlands in 2007 (story).

In an opinion requested by Governor Fletcher, on March 6, 2008 Franklin Circuit Court Special Judge, Roger Crittenden, issued an order that rendered the appropriations made for the pharmacy school an unconstitutional establishment of religion under Sections 2 and 189 of the Kentucky Constitution. In addition, the court ruled that a permanent scholarship program created for the pharmacy school by the 2006-07 Kentucky Budget bill was in violation of Section 51 of the Kentucky Constitution.

Senator Vernie McGaha, one 13 lawmakers who sided with the university, said he was unsure whether the decision would be appealed.

"Where we go from here will be a collective decision," McGaha told Louisville's Courier-Journal newspaper. "I don't agree with his ruling."

But, people on the loosing side often disagree!

In God We Trust License Plate

Kentuckians would be able to buy "In God We Trust" license plates under a bill that won unanimous approval Tuesday in the House Transportation Committee. OK, I’m a Christian, but come on…. Isn’t their more important issues? What about in “In Allah We Trust” “In YHWH We Trust” or “In Jehovah We Trust.”

These are all basically the same “God” with different translations and pronunciation. At a minimum, they all sprung from Judaism.

As of 2000, approximately 53% of the world's population identifies with one of the three Abrahamic [term commonly used to designate the three prevalent monotheistic religions—Christianity, Islam, and Judaism which claim Abraham as a part of their sacred history] religions (33% Christian, 20% Islam, <1% Judaism), 6% with Buddhism, 13% with Hinduism, 6% with traditional Chinese religion, 7% with various other religions, and less than 15% as non-religious.

I’m a God loving, and God fearing citizen, but this is a perfect example of why religion and government shouldn’t mix. Sure we use to do it when the Commonwealth and the nation were founded, but this is the 21st Century…. I suppose respect for all religions/translations is still beyond the General Assembly’s capability.

LGBT rights in Kentucky

Want to do something to advance LGBT rights in Kentucky?

Bluegrass Fairness of Central Kentucky and the Kentucky Equality Federation are sponsoring the first LGBT lobby day of this session on February 12; Equality. Fairness. Nothing more, nothing less. This shall be the day we take the fight for equality and fairness directly to our Capitol.

We need your support as the opposition has the voices and numbers that we fail to get to the Capitol. Pro and/or friendly LGBT policies are the minority, but we need to drum enough support to seem like the majority.

We plan on having many guest speakers; including Senator Ernesto Scorsone, Representative Kathy W. Stein, Pastor Cynthia Cain, and Christine Maxwell (former chair of TransKentucky).

We have two exciting events planned for you; you may register for one or both events:

> Speak to your elected officials from 9:00AM - 1:00PM
> Rally in the Capitol Rotunda from 1:00PM - 2:00PM

Click here to register for one or both events!

Show your support by standing united with Kentucky Equality Federation and Bluegrass Fairness of Central Kentucky! Your presence will make a real difference in the fight for equality and fairness for LGBT Kentuckians!

What's at stake?

House Bill 118, the Healthcare Inequality Bill. Public universities and other government agencies would not be allowed to offer health insurance to the unmarried domestic partners of their employees should this bill become law.

House Bill 33. This bill would allow anyone 18 and older to designate a non-blood relative as having hospital room access (such as a same-sex partner).

Senate Bill 55, the non-discrimination bill. Senator Ernesto Scorsone had filed Senate Bill 55 to "to prohibit discrimination based on sexual orientation or gender identity."

Hope, renewal, and the reality of prejudice

I think both Christmas and the coming New Year must be a time of renewal, of hope and determination to work for a better Kentucky, United States, and world..... where people can experience all the liberties our founding fathers fought for. Therefore, wherever inequality exists and the leaders that are in control refuse to act, there is a greater responsibility for all of us to take a stand against all that dehumanizes the gay, lesbian, bisexual, and transgendered people.

The flag of the Commonwealth of Kentucky says it best: "United We Stand, Divided We Fall." Thank you to everyone who contributed and/or donated to Kentucky Equality Federation.

An enormous fight is in front of us in 2008; front and center is the issue of domestic-partner benefits in the Kentucky Retirement System, as outlined by James:

I had hoped the New Year in Kentucky, with a new gubernatorial administration that has to be an improvement over that of the discredited Gov. Ernie Fletcher would start out in an encouraging manner for those of us who believe in equality for everyone regardless of sexual orientation.

Alas, that is not to be. Just as Gov. Steve Beshear and Lt. Gov. Dan Mongiardo were sworn in and starting to look around their respective offices, members of their own Democratic party were filing legislation to prevent state universities from offering health care benefits to employees involved in domestic partnerships.

I had hoped that the year 2008 might be a year where those of us who believe in gender and sexual orientation equity would be able to take some steps forward in adding on to rights already achieved --- things like hate crime protection, access to marriage/civil union rights, adoption, automatic rights of inheritance --- instead of having to backtrack and re-fight battles already won.

A few legislators --- led by Democratic Reps. Ancel Smith and Richard Henderson --- do not understand that Kentucky has always been --- and still is --- a place where all people should be welcome to live in harmony.

It is clear that Smith and Henderson, in bringing up a previously defeated proposal to block public universities in Kentucky from extending health benefits to unmarried, live-in partners of the institutions' employees, acted without the sanction of their own party. This has caused an embarrassing situation not only for party leaders, but for Democratic leaders and other party members within the Beshear administration.

Trustees at several Kentucky institutions, led by the University of Kentucky and the University of Louisville, have approved offering health care to domestic partners of unmarried employees as a matter of good business. The policy makes the universities more competitive with other top universities nationwide, because it opens the pool of potential employees and appeals to the increasing number of private employers --- who can be drawn upon for financial support and to provide cooperative educational opportunities and investment with the universities --- who already extend health care benefits to live-in partners of workers, regardless of sexual orientation.

In other words, the universities' policies are good business for a state that is on the precipice of a new era of economic progress after four failed years of an administration that collapsed under its own prejudices and lack of vision.

The matter of inclusion is a moral and ethical issue. Moral, because all great religions preach that love and tolerance should trump all other rules for living. Ethical, because this country --- and the states that make it up --- was based on the premise that all people are created equal.

If our government creates policies that benefit its public employees, it should do so for all the employees, without discrimination based on race, gender, ethnicity, religion, disability, and yes, sexual orientation.

If these representatives --- and the other Democrats and Republicans who co-sponsored this legislation, which has its roots soaked in bigotry --- will not withdraw their sponsorship, then the people of their districts should look for gay-supportive candidates from either party to replace them.

Click here to read unedited comments from James.

Iran and Kentucky; Does the state have the right to kill you?

Does the state have the right to kill you? Consider these two high profile headlines:

1. Iranian President Mahmoud Ahmadinejad faced sharp criticism yesterday about his opinions on women, gays, Israel, nuclear weapons and the Holocaust in an appearance at Columbia University, where protesters bearing signs reading "Hitler Lives" lined the streets and the university's president issued blistering introductory remarks inside a crowded lecture hall.
   
   Homosexuals are stoned to death in the Islamic Republic of Iran.
   
   President Mahmoud Ahmadinejad says Iran doesn't have homosexuals in their country like the United States.
   
   Iran is marked as critical by the International Lesbian and Gay Association (ILGA).
   
   
2. The U.S. Supreme Court on Tuesday agreed to consider the constitutionality of lethal injections in a case that could affect the way inmates are executed around the country.
   
   The high court will hear a challenge from two inmates on death row in Kentucky - Ralph Baze and Thomas Clyde Bowling Jr. - who sued the Commonwealth of Kentucky in 2004, claiming lethal injection amounts to cruel and unusual punishment.
   
   Baze had been scheduled for execution Tuesday night, but the Kentucky Supreme Court halted the proceedings earlier this month.
   
   "This is probably one of the most important cases in decades as it relates to the death penalty," said David Barron, the public defender who represents Baze and Bowling.
   
   Baze, 52, has been on death row for 14 years. He was sentenced for the 1992 shooting deaths of Powell County Sheriff Steve Bennett and Deputy Arthur Briscoe.
   
   Bennett and Briscoe were serving warrants on Baze when he shot them. Baze has said the shootings were the result of a family dispute that got out of hand and resulted in the sheriff being called.
   
   Bowling was sentenced to death for killing Edward and Tina Earley and shooting their 2-year-old son outside the couple's Lexington, Ky., dry-cleaning business in 1990. Bowling was scheduled to die in November 2004, but a judge stopped it after Bowling and Baze sued over the constitutionality of lethal injection.
   
   

Does the state ever have the right to kill one of its citizens? Do the circumstances make a difference?

States who carried out the most executions last year: China (at least 1,010 but sources suggest the real tally is between 7,500 and 8,000), Iran (177) Pakistan (82), Iraq (at least 65), Sudan (at least 65), and the United States (53).

FACT: The use of the death penalty is becoming increasingly restrained in retentionist countries. Japan, South Korea, Taiwan, Singapore, and the U.S. are the only fully developed countries that have retained the death penalty. The death penalty was overwhelmingly practiced in poor and authoritarian states, which often employed the death penalty as a tool of political oppression.

Though the public stoning of homosexuals is different from a Jury electing to execute a citizen, do the ends justify the means?