Equality NC Update

Equality NC PAC Endorses Moore, Statewide Candidates

Raleigh, NC - Equality NC PAC announced its endorsements in several contested statewide primaries. These candidates are committed to fairness and justice for lesbian, gay, bisexual, and transgender North Carolinians.

In the gubernatorial race, the group is supporting State Treasurer Richard Moore, citing his adoption of a non-discrimination policy including sexual orientation for the Department of State Treasurer as evidence of his support for equal rights.  

“Treasurer Moore has demonstrated leadership in standing up for fairness in state government and is committed to fighting discrimination as Governor,” said Ian Palmquist, the group’s Executive Director. “We are proud to support his campaign.”

The group also made endorsements in several other Council of State races, supporting Wayne Goodwin for Commissioner of Insurance, Superintendent June Atkinson re-election as Superintendent of Public Instruction, and Sen. Janet Cowell for Treasurer.

In the judicial races, the group is supporting Judge James Wynn’s bid for re-election to the Court of Appeals, as well as Judge Kristen Ruth’s campaign for the Tyson Seat on the Court of Appeals.

Endorsed candidates in state legislative races include: Vernon Malone for Senate 14, Josh Stein for Senate 16, Larry Shaw for Senate 21, Ellie Kinnaird for Senate 23, Katie Dorsett for Senate 28, Angela Bryant for House District 7,  and Tricia Cotham for House District 100.

“Our endorsed candidates share North Carolina’s values of fairness, justice and equality and have earned the support of all fair-minded North Carolinians, including those in the lesbian, gay, bisexual and transgender community,” said Palmquist.

Equality NC PAC is mailing its endorsements to more than 12,000 supporters statewide, making financial contributions in key races, and engaging its members in supporting these campaigns.

Equality NC Secures Hospital Visitation Protections

Raleigh, NC - North Carolina hospital patients will soon have a new right, ensuring that they can receive the visitors who matter most to them regardless of the legal status of their relationship. A new statewide rule will help ensure that same-sex partners and other loved ones will be treated the same as immediate family.

The rule adds a provision to the Patients' Bill of Rights, stating: "A patient has the right to designate visitors who shall receive the same visitation privileges as the patient’s immediate family members, regardless of whether the visitors are legally related to the patient." The right applies to hospitals statewide.

"We know how important it is that patients have their loved ones by their sides, but all too often same-sex partners have been turned away when their partner is hospitalized." said Ian Palmquist, Executive Director of Equality NC. "The new policy will ensure that the patient's wishes are respected. This is a victory not just for same-sex couples, but for unmarried opposite-sex couples, caregivers, and other loved ones whom the state does not legally recognize."

Last summer, Equality NC Foundation petitioned the state to add this provision to the Patient's Bill of Rights, and has been advocating for it through the rule-making process. The Medical Care Commission unanimously approved the rule in February and in April the Rules Review Commission gave final approval, allowing it to take effect on May 1.

Palmquist recognized the support of Sen. Kay Hagan (D-Guilford), who assisted in seeking the rule change and securing the support of the N.C. Hospital Association. He also thanked Rep. Martha Alexander (D-Mecklenburg), who proposed legislation to accomplish the same goal in 2007, along with co-sponsors Rep. Bill Faison (D-Orange) and Rep. Jennifer Weiss (D-Wake).

"Same-sex couples should know that this new policy only covers visitation," cautioned Palmquist. "In order to ensure that our partners have the ability to make medical decisions in the event we're incapacitated, we must still complete health care powers of attorney."

Without a valid health care power of attorney, decision-making authority will go to the patient's nearest legal relative, and same-sex relationships receive no recognition under North Carolina law.

"This victory will have a real impact in the lives of LGBT North Carolinians," said Palmquist.

New State Employee Protections Policy Denounced by Conservatives but Remains in Effect
 
Raleigh, NC - The State has adopted a new policy protecting state employees from discrimination based on sexual orientation and gender identity. Already, the right wing is trying to take away the LGBT community’s victory.

The 2008 edition of the State Personnel Manual, which covers most state employees, now includes a prohibition of discrimination based on sexual orientation and gender identity or expression.

"This is a big step forward for equal rights and justice in North Carolina," said Ian Palmquist, Executive Director. "Now state employees will be afforded the same protections…private companies offer their employees."

Palmquist added, "North Carolinians value fairness and are opposed to the state or any other employer denying the basic right to work...”

Equality NC lobbied the State Personnel Commission and the Governor's office for the policy. The effort grew out of the group's work to pass legislation addressing this issue in 2007.

When the commission first considered the issue last summer, their proposed language covered only sexual orientation. Equality NC was successful in advocating for the policy to be expanded to ensure that gender identity or expression was covered before final adoption.

Anti-gay House Minority Leader Rep. Paul Stam and the NC Family Policy Council have publicly denounced the policy and called for its removal. Reports in the press indicate that the State Personnel Commission has removed the new, non-discrimination language from its website.

Equality NC Foundation was deeply disappointed by this development, but is working to ensure that the inclusive policy remains in effect.  And in a statement said that we [the LGBT community] cannot allow pressure from anti-gay legislators like Rep. Stam and anti-gay groups like the Family Policy Council to take away these basic protections for our state workers and succeed in taking away our rights.

According to Equality NC, the process of this policy change, and a related rule, has been long and involved. It's a bit complicated, but the state government has both "rules" and "policies." Rules carry more weight and have more legal authority than policies, though policies are also consequential.

Last summer, the State Personnel Commission voted to approve the policy and began the rule-making process for this matter. The commission unanimously approved the rule at its December meeting. But in January, the Rules Review Commission voted 4-2 that the State Personnel Commission did not have the statutory authority to expand the rule.

Although the proposed rule could not take effect, the policy was duly adopted and has not been rescinded.  Therefore, the policy protecting LGBT state-workers from discrimination remains in force.

Contrary to Rep. Stam's assertions, the State Personnel Commission's actions on this policy are firmly within its statutory mandate to "establish policies and rules governing ... programs of equal opportunity," and "provide for a fair and modern system of personnel administration."

The policy change is still limited because the additional categories were added by executive branch policy, not by legislative amendment of the statute, and enforcement is left to each state department, rather than being managed by the Office of State Personnel, which addresses discrimination on race, religion, sex and other categories. Additionally, the policy could easily be changed or removed by a future administration.

Despite those limitations, Palmquist says the policy provides real protection for LGBT state employees who may fear workplace discrimination. The policy will discourage discrimination and provide recourse for employees who experience discrimination. 

Equality NC will continue to push for the new policy to be put into the statue, ensuring clear and uniform enforcement, and covering additional state workers.

"As we celebrate this victory, we also continue our work to ensure these protections are securely written into law for state employees and all North Carolina workers," said Palmquist. "…we look forward to a day when all employees will be judged by their qualifications and performance, and not based on…their sexual orientation or gender.”