Catching Policy Makers' Ears
From Of Counsel, Vol.3, No.4
Published 07/30/07
Judges are not the only ones who want to hear from the experts when making decisions — legislators too benefit from expert testimony and analysis during the lawmaking process. Because Lambda Legal's impact litigation often intersects squarely with law reform proposals — some case decisions even mandate legislative action — we are often called upon to recommend what laws should look like. At the same time, thousands of calls annually to our Help Desks give a constantly refreshing picture of our community's most urgent legal needs. That picture translates into policy reform priorities, often including proposed legislation and regulations. Whether we initiate law reform discussions or provide assistance for an ongoing effort, lawmakers depend on Lambda Legal to know and explain how proposed bills or particular policy language will impact real people.
Take, for example, the recently enacted law in Washington state that created a statewide domestic partnership registry and some basic legal protections for couples who register. Lambda Legal worked closely with state Senator Ed Murray and state Representative Jamie Pedersen, providing technical assistance to help make this initial legislation clear and useful. Before the bill was even introduced into the legislature, we commented on several provisions and offered alternative language. The law took effect on July 23, 2007.
Our suggestions in Washington drew on lessons we learned drafting and advocating for domestic partnership bills in California over the years. There we have played a critical role to lawmakers — identifying solvable legal problems, analyzing approaches, crafting language, devising amendments, and providing guidance about likely court interpretations. California's domestic partnership laws have been evolving since 1999. Throughout these years, we have tracked closely what language has been most effective for securing critical rights and responsibilities for same-sex couples.
Lawmakers recognize the need to hear how the strokes of their legislative pens will affect peoples' lives. Lambda Legal's expertise as the preeminent organization litigating on behalf of lesbians, gay men, bisexuals, transgender people and those with HIV makes us a key resource for those engaged in policy reform. As we fight to enforce civil rights in court, we also deploy our expertise to support leading policy makers in their critical work to champion positive change.
