The Minnesota Board on Continuing Legal Education has approved five standard credits for MLBA’s Regional Lavender Law conference, held at William Mitchell on Saturday, January 26, 2008. To report your attendance, please visit the website at www.mbcle.state.mn.us; the event code is 116342.

Over 100 people attended the event – far in excess of the number of registrants! Attendees good-naturedly put up with the need to wheel in extra tables and chairs – which is a good problem to have. Students from every one of Minnesota’s law schools took part. Several attendees commented that it was the best Regional Lavender Law that MLBA has put on over the years. MLBA hopes that those in attendance enjoyed themselves, had the opportunity to meet colleagues, and learned valuable information.

MLBA well-represented at attorneys’ demonstration in support of Pakistani lawyers, rule of law

Despite strong wind and a little snow, dozens of attorneys stood on the steps of the Minnesota Judicial Center on November 14 in a show of support for our lawyer colleagues in Pakistan, who have been leading protests against the suspension of that country’s constitution and assaults on its judicial system. This event, organized by the Minnesota State Bar Association in conjunction with similar events nationwide, featured a number of speakers, including MLBA co-chair Kelly Just Olmstead (see photo). Among other things, Kelly reminded participants that “It is our special obligation as lawyers – our burden, our privilege – to stand up for the rule of law. We are specially situated, by virtue of our status, knowledge, and most especially our access to the legal system, to educate our friends, neighbors, and leaders about the value and necessity of maintaining the rule of law.”

On Thursday, March 8, Minnesota's Attorney General, Lori Swanson, addressed some 75 lawyers and law students attending MLBA's annual meeting, held at the Hamline University School of Law in St. Paul (which also generously co-sponsored the event and provided terrific refreshments). Attorney General Swanson outlined various areas of concern at her office, and in particular discussed involvement in hate crimes and school safety issues of interest to Minnesota's GLBT community. It was Attorney General Swanson's first appearance at a law school following her election, and the first time an attorney general addressed the MLBA. The MLBA is grateful for her comments and the active participation of many new and prospective members that evening!

Maple Grove Student Group Victorious at the 8th Circuit

Last year, Maple Grove High School's SAGE (Straights and Gays for Equality) group filed an Equal Access Act suit against the school and district to combat the group's differential treatment.  The 8th Circuit recently upheld Judge Joan Ericksen's preliminary injunction requiring the school to grant SAGE equal access for meetings, avenues of communication, and other rights afforded to other student groups.  The case is trial-ready with no trial date set.  The opinion in Sage v. Osseo Area Schools is available at : http://www.ca8.uscourts.gov/opinions/opinions.html.
Congratulations and thanks to the attorneys at the ACLU of Minnesota and Robins, Kaplan, Miller & Ciresi L.L.P. for their effective advocacy!

At its quarterly meeting on September 15, the Minnesota State Bar Association Assembly, the organization’s governing body, approved a report by the Diversity Task Force that assembled an array of statistics and personal observations relating to the state of “diversity issues” within the Minnesota legal profession. MLBA was instrumental in assuring that issues relating to sexual orientation and gender identity were included within the scope of this effort, for the first time in MSBA history.

Beginning in 2005, the MSBA began an extensive study of “diversity” issues within the Minnesota legal profession, and for the first time in MSBA history, the scope of this effort included studying matters related to sexual orientation and gender identity. MLBA has been involved in the discussions and implementation of this study from the outset, and is looking forward to the final report of results to be issued in September. MLBA helped organize a GLBT-oriented focus group and promoted the individual attorney survey to members and friends of the organization (there was also a survey of legal employers). Many thanks to those who participated! Initial indications are that the results will be eye-opening for GLBT attorneys. Once the report is publicly available, we will post a link. As of this writing, it is hoped the MSBA Assembly will vote to approve the report on September 15.

The Minnesota Supreme Court's May 3, 2005 order amending the Code of Judicial Conduct prohibiting judges' memberships in discriminatory organizations drew praise from the Minnesota Lavender Bar Association, which has been working for the change since late 2000.

"The amendment to Canon 2C of the Code of Judicial Conduct is, frankly, highly symbolic," says MLBA Co-Chair Phil Duran, "but the change is nonetheless an important statement by the Court that all forms of unlawful discrimination have the potential to bring disrepute upon the judiciary by calling into question its impartiality."

Canon 2 of the Code of Judicial Conduct directs that "A judge shall avoid impropriety and the appearance of impropriety in all of the judge's activities." Prior to the change, Canon 2C stated that "a judge shall not hold membership in any organization that practices unlawful discrimination on the basis of race, sex, religion, or national origin."

"What made Canon 2C unusual was that other portions of the Code had long since been revised to address various other forms of discrimination, including that on based on sexual orientation, disability, age, and socioeconomic status," explains MLBA Co-Chair Celeste Culberth. "There was no obvious reason why some forms of discrimination would be seen as triggering 'impropriety' concerns, while others would not, particularly when all are addressed within the Minnesota Human Rights Act."

In September, 2004, the Minnesota State Bar Association’s Governance Committee finalized approval of the Minnesota Lavender Bar Association’s request for a seat in the newly-created MSBA Assembly. The Assembly was created in June as part of a restructuring of the MSBA. MLBA will have one member in this transitional year, and, with other minority bar associations, two members in the Assembly beginning July, 2005. In addition, the minority bar associations together will select two members of the 15-person Council, the MSBA’s new executive body. MLBA is already a member of the Hennepin County Bar Association Board of Directors, and as of July, 2004, of the Ramsey County Bar Association Board of Directors.

In June, 2004, the Minnesota State Bar Association joined the HCBA and RCBA in endorsing a resolution opposing a suggested amendment to the Minnesota constitution that would bar marriage and any other form of legal recognition for same-sex couples. The American Bar Association had endorsed a resolution opposing the now-defeated Federal Marriage Amendment, as had HCBA and RCBA; MSBA was not asked to take a position on the federal proposal. The General Assembly vote at the annual convention in Duluth overcame unusual opposition arguments that if MSBA took a position, it would deprive Minnesotans of their right to amend the constitution.

Between September 30 and October 2, hundreds of attorneys, law students, employers, vendors, and others gathered in Minneapolis for the annual Lavender Law conference sponsored by the National Lesbian & Gay Law Foundation. MLBA, an affiliate of the National Lesbian & Gay Law Association, had bid for the opportunity to host this terrific event, and was thrilled by the event’s success. Attendees were very complimentary of the facility and of the city in general. MLBA looks forward to next year’s conference, which will take place in San Diego. For more information, click here: www.lavenderlaw.org.