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Colorado University Offers Tuition Break To Eligible Undocumented Immigrants

Undocumented immigrants are generally not eligible for in-state tuition if they attend Colorado state colleges or universities. One state university, however, will permit undocumented immigrants to pay a lower tuition if they meet certain criteria. Starting this semester, undocumented immigrants who qualify will pay $7,157 per year at Metropolitan State University of Denver — $3,000 higher than tuition for in-state students who are citizens or legal residents, but $8,000 lower than the out-of-state rate. To be eligible, undocumented immigrants must have attended high school in Colorado for at least three years and earned a high school diploma or GED. University officials said more than 100 students have qualified so far.

The university’s board of trustees approved the lower rate in June because the legislature failed to pass the tuition bill, according to Stephen Jordan, the university’s president. “I think what our board was saying was, ‘Why wouldn’t we want to provide an affordable tuition rate for these students?” Jordan said. But the move angered state conservatives and has led some to threaten to sue the college:

On June 20, university officials were called before a hearing of the legislature’s Joint Budget Committee to defend their plan.

That same week, Colorado’s attorney general, John W. Suthers, issued a nonbinding legal opinion criticizing the policy.

Tom Tancredo, a former Colorado congressman and presidential candidate who now heads the Rocky Mountain Foundation, a conservative research organization, said his group intended to sue the university in the next few months.

The university’s decision helps make higher education more affordable for undocumented immigrants, but it also underscores the broader problem faced by hundreds of thousands of DREAM Act-eligible undocumented immigrants across the U.S. Only 12 states allow them to pay in-state tuition rates, and four states block undocumented immigrants from receiving in-state tuition

The Obama Administration’s deferred action policy, which went into effect last week, will not help eligible young adults pay in-state tuition either even though it gives them temporary legal status. Moreover, governors in Arizona and Nebraska have vowed to prevent DREAM Act-eligible immigrants from receiving public benefits — like driver’s licenses and in-state tuition — if they qualify for work permits under the new policy.

NEWS FLASH

Campus Pride Ranks Top 25 LGBT-Friendly Universities | Campus Pride has revealed this year’s list of the top 25 LGBT-friendly universities based on its Campus Pride Index, which scores schools on their policies, programs, and practices. It’s the only ranking that takes a detailed look at specific policies that impact LGBT students and staff in addition to incorporating feedback from across each campus. Next year, the ranking will include new questions about transgender students, mental health outreach, and recruitment and retention of LGBT students, raising the bar even more for universities. Here, in alphabetical order, is the list as it stands for 2012:

- Carleton College
- Cornell University
- Emory University
- Indiana University
- Ithaca College
- Oberlin College
- Portland State University
- Stanford University
- The Ohio State University
- The Pennsylvania State University
- University of California, Berkeley
- University of California, Los Angeles
- University of California, Riverside
- University of California, Santa Barbara
- University of Chicago
- University of Illinois at Chicago
- University of Maryland, College Park
- University of Massachusetts, Amherst
- University of Michigan
- University of Minnesota-Twin Cities
- University of Oregon
- University of Pennsylvania
- University of Utah
- University of Vermont
- University of Washington

    Hugh Hefner: Anti-Gay Activists Will ‘Criminalize Your Entire Sex Life’

    In the September issue of Playboy, its founder Hugh Hefner has penned an editorial about the importance of supporting LGBT equality and women’s rights. Lashing out at those conservatives who would impose their religious beliefs on society, Hefner describes marriage equality as “a fight for all of our rights”:

    HEFNER: The fight for gay marriage is, in reality, a fight for all of our rights. Without it, we will turn back the sexual revolution and return to an earlier, puritanical time,” he writes. “Today, in every instance of sexual rights falling under attack, you’ll find legislation forced into place by people who practice discrimination disguised as religious freedom. Their goal is to dehumanize everyone’s sexuality and reduce us to using sex for the sole purpose of perpetuating our species. To that end, they will criminalize your entire sex life.

    [Conservatives continue] to assault the right of gays, whether by denying them to right to marry or, as in Kansas, by attempting to empower landlords, business owners and employers to discriminate against gays on religious grounds. [...]

    This is a religious nation, but it is also a secular one. … No one should have to subjugate their religious freedom, and no one should have their personal freedoms infringed. This is America and we must protect the rights of all Americans.

    NEWS FLASH

    Declining Rates Of Infant Circumcision Could Increase Health Costs | In a study published yesterday, researchers at Johns Hopkins University warn that the recent decline in the U.S.’s infant circumcision rates could lead to billions of dollars in additional medical costs when uncircumcised boys grow up to become sexually active men. The researchers estimated that every infant boy who does not undergo circumcision will incur increased lifetime medical expenses, particularly for the treatment of sexually transmitted diseases they may be more likely to experience. According to the CDC, rates of infant circumcision in the U.S. has fallen from around 80 percent in the 1980s to less than 55 percent in 2010, partly due to the fact that Americans remain sharply divided on the issue of circumcision. But the decline may also be partially attributed to the fact that 18 states have eliminated Medicaid coverage for circumcision to save costs, since many physicians consider the procedure to be merely cosmetic. The senior author of the Johns Hopkins study disagrees, maintaining that “the federal Medicaid program should reclassify circumcision from an optional service to one all states should cover.”

    APA Issues Position Statements Supporting Transgender Care And Civil Rights

    Following up on guidelines generated by a report on transgender healthcare last month, the American Psychiatric Association has issued official position statements on the care and civil rights of transgender and gender non-conforming individuals. The new statements reflect this year’s editions to the Diagnostic and Statistical Manual of Mental Disorders (the DSM-V) that will identify being transgender as “Gender Dysphoria,” removing the classification of “Gender Identity Disorder.” The APA explained the importance of standing up for the trans community, citing the “significant discrimination, prejudice, and the potential for victimization from violent hate crimes, as well as denial of many basic civil rights, protections, and access to health care, to the severe detriment of their mental health. Here are the new position statements:

    APA POSITION STATEMENTS

    The American Psychiatric Association:

    1. Recognizes that appropriately evaluated transgender and gender variant individuals can benefit greatly from medical and surgical gender transition treatments.

    2. Advocates for removal of barriers to care and supports both public and private health insurance coverage for gender transition treatment.

    3. Opposes categorical exclusions of coverage for such medically necessary treatment when prescribed by a physician.

    The American Psychiatric Association:

    1. Supports laws that protect the civil rights of transgender and gender variant individuals.

    2. Urges the repeal of laws and policies that discriminate against transgender and gender variant people.

    3. Opposes all public and private discrimination against transgender and gender variant individuals in such areas as health care, employment, housing, public accommodation, education, and licensing.

    4. Declares that no burden of proof of such judgment, capacity, or reliability shall be placed upon these individuals greater than that imposed on any other persons.

    A lot of public education remains to be done about transgender identities, but no longer designating them as a “disorder” is an important step. As with non-heterosexual orientations, affirmation is key to supporting the mental health of all members of the LGBT community.

    NEWS FLASH

    Rhode Island’s Civil Unions Fail To Appease Same-Sex Couples | It has been over a year since civil unions became law in Rhode Island, but in that time, only 68 same-sex couples actually obtained a license. Compare this to Delaware, a state with a smaller population, where 85 civil union licenses were issued in just the first month they were available. In May, Gov. Lincoln Chafee (I) issued an executive order recognizing marriages in other states, recognizing the fact that all of Rhode Island’s neighboring states already offer the freedom to marry. State House Speaker Gordon Fox (D) has promised the legislature will vote on marriage equality next year, but in the meantime, the state will continue missing out on a significant source of income.

    Romney Adviser Compares Homosexuality To Polygamy, Drug Use During GOP Platform Committee Meeting

    During a meeting of the Republican National National Convention Platform on Tuesday, Kansas Attorney General Kris Kobach spoke out against an amendment that would have struck down the party’s longstanding support for the Defense of Marriage Act — which outlaws same-sex marriages — by comparing homosexuality with drug use and polygamy.

    Pat Kerby, an RNC delegate from Nevada, introduced the amendment, arguing that “under the constitution, every American gets treated equally under the law.”

    But Kobach, who is best know as the chief architect of Arizona’s xenophobic SB 1070 law and advises the Romney campaign on immigration issues, opposed the amendment by comparing LGBT people to drug users and polygamists:

    Our government routinely judges sutuatons where you might regard people completely affecting themselves like for exmaple the use of controlled substances, like polygamy that is voluntarily entered in to. We condemn those activities even though they are not hurting other people at least directly. So this is worded way to broadly for inclusion in the platform.

    The amendment was defeated by a voice vote.

    Watch Kobach’s statement:

    Ohio Judge Recognizes Sexual Orientation Discrimination Under Title VII

    Judge James Gwin

    In a relatively insignificant ruling denying summary judgment, Ohio Judge James Gwin made a significant argument in favor of recognizing discrimination based on sexual orientation under Title VII’s protections against discrimination based on sex. Plaintiff Jason Koren is suing his former employer, the Ohio Bell Telephone Company, for unfair treatment because he is gay that ultimately led to his termination. Among his complaints was that his supervisor, Kim Miceli, refused to acknowledge that he had taken his husband’s surname when they married in Massachusetts, because she “did not recognize same-sex marriages.” Judge Gwin agreed that this was discrimination based on Koren’s sex:

    Koren’s position is that changing his name upon marriage was a non-conforming “behavior” that supports his gender discrimination claim under a Price Waterhouse sex-stereotyping theory.  Ohio Bell disagrees and attempts to frame Koren’s claims as a simple attempt “to bootstrap protection for sexual orientation into Title VII” as prohibited by Vickers.

    The Court agrees with Koren:  homosexual males do not “by definition, fail to conform to the traditional gender norms” by changing their surname upon marriage. And here, Koren chose to take his spouse’s surname—a “traditionally” feminine practice—and his co-workers and superiors observed that gender non-conformance when Koren requested to be called by his married name.  Vickers does “not suggest that [a plaintiff’s] claim fails merely because he has been classified . . . as a homosexual.  Rather, [the] claim fails [when the plaintiff] has failed to allege that he did not conform to traditional gender stereotypes in any observable way at work.”

    Koren has alleged just such a failure to conform.  And he says that Miceli “harbored ill-will” because he changed his name but that she would not have done so if a female employee had changed her name. Koren testified that Miceli refused to call him by his married name, that Miceli went out of her way to call him by his previous last name, and that Miceli informed him that she did not recognize same-sex marriages. And that ill-will, Koren says, resulted in seven unexcused absences and, ultimately, his termination.  Accordingly, there is a “genuine dispute as to material fact[s],” and summary judgment is inappropriate on Koren’s sex-stereotype theory.

    This is not a final ruling as to the merits of Koren’s case, but it’s still a worthwhile recognition of nondiscrimination protections under current law. Even though sexual orientation is not explicitly mentioned in Title VII, interpreting non-heterosexual orientations as a violation of sex stereotypes is an arguably fair interpretation of sexual identity. Indeed, Judge Gwin ruled similarly in a different case last year, arguing that the equal protection guaranteed by the Constitution is not automatically constrained by what is stipulated under the law. Sexual orientation is an invisible identity, which is why it is often characterized by the behaviors associated with it, but it makes sense to understand it as a natural variation of how one’s sex expresses itself.

    NEWS FLASH

    T-Mobile Donates $25,000 To Washington Marriage Equality Campaign | T-Mobile, based in Bellevue, Washington, has endorsed marriage equality in the state, contributing $25,000 to the ballot initiative Referendum 74. “T-Mobile has a long-standing focus on creating an inclusive workplace environment for our employees,” T-Mobile interim CEO Jim Alling said. “Our support of this issue is a reflection of our culture, how we do business, and our belief in the fair and equitable treatment of all employees.” T-Mobile joins a number of other Washington-based companies supporting the state’s marriage equality law, including $200,000 from Microsoft and $2.5 million from Amazon. This support has given marriage equality proponents a fundraising edge heading into the fall.

    Republican Party Platform Is Unwaveringly Anti-Gay Thanks To Hate Group’s Contributions

    The hate-group branded Republican Party.

    Though this year’s Democratic Platform is the most pro-LGBT in history, complete with full support for marriage equality, the Republican Platform is set to be as anti-LGBT as ever, according to drafts approved by subcommittees Monday. Despite Log Cabin Republicans’ hopes that the language would include at least an allusion to “dignity and respect” for gay people, R. Clarke Cooper conceded that the end result is “bad with a capital ‘B.’” Tony Perkins, of the anti-gay hate group the Family Research Council, took personal credit for drafting the anti-equality language, boasting that platform drafting leaders Gov. Bob McDonnell (R-VA) and Rep. Marsha Blackburn (R-TN) were “friends of FRC.” Here is some of the hostile anti-equality language Perkins incorporated into the draft:

    Marriage and the Judiciary

    A serious threat to our country’s constitutional order, perhaps even more dangerous than presidential malfeasance, is an activist judiciary, in which some judges usurp the powers reserved to other branches of government. A blatant example has been the court-ordered redefinition of marriage in several States. This is more than a matter of warring legal concepts and ideals. It is an assault on the foundations of our society, challenging the institution which, for thousands of years in virtually every civilization, has been entrusted with the rearing of children and the transmission of cultural values.

    Defense of Marriage

    That is why congressional Republicans took the lead in enacting the Defense of Marriage Act, affirming the right of States and the federal government not to recognize same-sex relationships licensed in other jurisdictions. An activist judiciary usurps the powers reserved to other branches of government and endangers the foundation of our country. We oppose the Administration’s open defiance of this constitutional principle — in its handling of immigration cases, in federal personnel benefits, in allowing a same-sex marriage at a military base, and in refusing to defend DOMA in the courts — makes a mockery of the President’s inaugural oath. We commend the United States House of Representatives and those State Attorneys General who have defended these laws when they have been attacked in the courts. We reaffirm our support for a constitutional amendment defining marriage as the union of one man and one woman. We applaud the citizens of the majority of States which have enshrined in their constitutions the traditional concept of marriage, and we support the campaigns underway in several other states to do so.

    Marriage

    The institution of marriage is the foundation of civil society. Its success as an institution will determine our success as a nation. It has been proven by both experience and endless social science studies that marriage is best for children. Children raised in intact married families are more likely to attend college, are physically and emotionally healthier, are less likely to use drugs or alcohol, are less likely to engage in crime, and are less likely to get pregnant outside of marriage. The success of marriage directly impacts the economic wellbeing of individuals. Furthermore, the future of marriage affects freedom. The lack of family formation not only leads to more government costs, but also more government control over the lives of its citizens in all facets. We recognize and honor the courageous efforts of those who bear the many burdens of parenting alone, even as we believe that marriage, the union of one man and one woman must be upheld as the national standard, a goal to stand for, encourage, and promote through laws governing marriage. We embrace the principle that all Americans should be treated with respect and dignity.

    The platform, as drafted, is not only an open attack on the lives of LGBT people, but a blatant distortion of reality. The social science about the value of marriage for children also applies to same-sex couples. Despite recognizing the courage of single parents, the GOP is content to disregard the very existence of the country’s one million LGBT families raising two million children. Instead, as per the kind of rhetoric that warrants FRC’s designation as a hate group, Perkins suggests that offering any dignity to gay and lesbian couples would be the undoing of society, an “assault on the foundations of society.” As a majority of Americans embrace marriage equality, the Republican Party continues to wholeheartedly embrace the most extreme anti-gay positions in the country.

    The Morning Pride: August 21, 2012

    Welcome to The Morning Pride, ThinkProgress LGBT’s daily round-up of the latest in LGBT policy, politics, and some culture too! Here’s what we’re reading this morning, but please let us know what stories you’re following as well. Follow us all day on Twitter at @TPEquality.

    - Michelangelo Signorile has challenged Tony Perkins of the Family Research Council to an open debate about “hate.”

    - Nebraska Senate candidate Bob Kerrey (D) doesn’t hesitate to vocalize his support for marriage equality.

    - New York Magazine takes a look at people who identify as genderqueer, who now are using terms like “agender” and “gender neutrois” to describe life outside the gender binary.

    - An Ohio pastor believes his church was targeted for arson because of the congregation’s support for LGBT people.

    - Human rights activists across Africa are condemning a “Gay Hate Day” to be held today in Cameroon.

    - Police in Zimbabwe raided the LGBT organization Gays and Lesbians of Zimbabwe (GALZ), looking for undisclosed “data,” and it’s not the first time it’s happened.

    - New Zealand’s Minister of Justice, Judith Collins, has come out in favor of marriage equality, despite once voting against civil union legislation.

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