Curtis Etherly responds to GLAA 2006 questionnaire

Responses of Curtis Etherly to GLAA 2006 Questionnaire
for DC Council Candidates

GLAA 2006 Rating for Curtis Etherly (Possible range: +/- 10 points total)
Yes/No Substance Record Championship Total
2 2 1.5 0 5.5

Public Safety

1. Will you support funding for mandatory gay, lesbian, bisexual, and transgender (GLBT) sensitivity and diversity training for all members of the Fire/EMS Department?

Yes, I will support funding for mandatory gay, lesbian, bisexual and transgender sensitivity and diversity training for all members of the Fire/EMS Department. When discussing the response of any District of Columbia emergency personnel to life-threatening situations, there can be no higher priorities than ensuring that first-responders are properly trained to provide the fullest range of care possible to every person in need without exception or hesitation. As councilmember, I will not tolerate the refusal of any personnel to adhere to this high standard.

2. Will you call on the new Mayor to appoint a new Fire/EMS Department Chief who is committed to rooting out the Department’s deeply entrenched homophobia and transphobia?

Yes, I would expect the Mayor to appoint agency officials at all levels of government who are committed to ensuring that every facet of the District government is free from homophobia and homophobic practices. As councilmember, I will demand a clear and detailed action plan from every agency head regarding their diversity and sensitivity policies.

3. Will you support a budget for the Office of Police Complaints large enough to continue to avoid developing a backlog of cases?

Yes, I would support a budget for the Office of Police Complaints to ensure that a backlog of cases does not grow. Effective policing cannot occur when confidence in our police force is undermined by citizen complaints that go unresolved and under-investigated.

4. Will you oppose legislation creating so-called “prostitution-free zones,” which would give the police, who routinely assume that every transgendered person is a prostitute until proven otherwise, virtually unlimited power to harass our transgendered residents?

Yes, I would oppose any “prostitution-free zone” legislation. Such legislative proposals are typically not crafted so as to ensure that they do not become the basis for pretextual harassment of transgendered persons. I would work to ensure that any anti-prostitution enforcement practices are not used as vehicles for harassment of transgendered persons.

AIDS and Public Health

5. Do you agree that the drive to make HIV testing routine among District residents should include funding for counseling and referrals to treatment facilities for those testing positive?

Yes, I agree that funding for counseling and treatment referrals should be part of the routinization of HIV testing. It must be an absolute critical component of the fight against HIV/AIDS in the District of Columbia. At what can be one of the most traumatic experiences of a person’s life, it is essential that timely and clear information regarding counseling and treatment options be made available. The time at which one learns of his or her positive status is not the time for a deficit of information. I support the District’s role as a full partner in this effort.

6. Are you committed to continuing and expanding the District’s condom distribution program?

Yes, I am committed to expanding the District’s condom distribution program. Research clearly demonstrates the positive role that condom distribution and use can play in preventing the spread of sexually-transmitted diseases. It is a no-brainer to me and I fully support efforts to expand condom distribution.

7. The District is being forced by the federal government to switch from a unique identifier system to a names reporting system for people testing positive for HIV. Will you support legislation to strengthen our medical privacy laws, such as by creating a private right of action for those whose confidentiality is violated by District government employees or contractors?

Yes, I would fully support efforts to strengthen the District’s privacy protection laws as well as providing a private right of action for those whose confidentiality is violated by District employees or contractors. Weak privacy protections lead to increased hesitancy in accessing services on the parts of those who need to access services the most. I fully support ensuring the confidence of persons in need of services and programs by strengthening privacy protections and adding teeth to the menu of possible consequences for those District employees who violate privacy requirements.

Human Rights

8. Will you support a budget for the Office of Human Rights (OHR) large enough to allow it to reduce to 270 days the average gap between the time that a discrimination complaint is filed and the time OHR issues a finding of probable cause?

Yes, I fully support funding the Office of Human Rights at levels sufficient enough to ensure that probable cause findings are issued in as timely a manner as possible. I fully subscribe to the theory that justice delayed is justice denied. The District government’s commitment to expeditious process must be as strong in OHR’s case as it has been in that of other agencies where hearings, adjudications and other matters of process have been made more expeditious.

9. Will you block ceremonial resolutions and otherwise decline to honor individuals or organizations that promote any sort of bigotry?

Bigotry cannot and must not be countenanced in any form or fashion by the District government. I would not be supportive of ceremonial resolutions that seek to honor individuals or organizations that support bigotry in any form.

10. Are you committed to publicizing and enforcing the provisions of the D.C. Human Rights Act forbidding discrimination on the basis of gender identity or expression?

Yes, I am committed to publicizing and enforcing the provisions of the DC Human Rights Act forbidding discrimination on the basis of gender identity and expression. These provisions are in place for a reason and, if left without enforcement action, simply serve as hollow promises. I fully support stronger informational campaigns and public service announcements aimed at highlighting and reaffirming the District’s commitment to being a national leader in this regard.

Marriage and Family

11. Do you support legal recognition of marriages between partners of the same sex?

Yes, I support the ultimate objective of legal recognition of marriages between partners of the same sex. The notion of equality has existed as a cornerstone of our democracy since its founding and, since that time, the fully realization of the goal has been elusive at best. I support all efforts to realize the true promise of our country’s commitment to full equality for all without regard to race, creed, color, gender, sexual orientation and/or other superficial considerations.

GLAA, however, clearly understands the complicated political and legal backdrop against which efforts to realize this goal have played out both locally and nationally – as do I. It is a backdrop that all councilmembers must be sensitive to given the potential congressional backlash with which the District might have to deal on this subject. It is a consideration to which all councilmembers must be sensitive because of Congress’ penultimate authority over the District.

Thus, I would like to be clear that my greater commitment at this time would be to ensuring the fullest possible expansion of the District’s existing domestic partnership law as discussed below in response to Question #12 until such time as the congressional climate exists to fully realize the legal recognition of same sex marriages. I would like to state unequivocally my opposition to any effort to limit or restrict the definition of marriage in the District – now or in the future.

12. Will you support legislation in the District to continue expanding the existing domestic partnership program to include all relevant rights and responsibilities of marriage in D.C. law?

Yes, I would support legislation in the District to continue expanding the existing domestic partnership program to include all relevant rights and responsibilities of marriage in D.C. law. I believe that the District government should do all that it can to fully encompass those some 212 rights that it can impact within the ambit of the existing domestic partnership program. As councilmember, I would be a strong voice in the effort to ensure that domestic partnerships are able to enjoy as many legal rights and privileges as possible under District law.

As an example, I believe that same sex partners in situations involving medical care decisions and/or life-support questions should not be prohibited from being able to make critical medical care decisions as my family and I were able to do in the cases of my parents. Where the District can act, I want to bridge the gap as much as possible between same-sex couples and heterosexual couples.

13. Will you support the legislative and/or regulatory changes necessary to ensure that the District recognizes civil unions, domestic partnerships and similar legal relationships established in other jurisdictions?

I fully support the development of a legislative and/or regulatory framework that enables the District’s recognition of civil unions, domestic partnerships and other similar relationships established in other jurisdictions. Where other jurisdictions have move forward progressively in their actions, I would work to ensure that the District recognizes those efforts.

Public Education and Youth

14. Do you oppose both federal and local voucher programs that fund students in religious schools that are beyond the protections of the D.C. Human Rights Act?

I oppose both federal and local voucher programs in their entirety. I perceive such efforts to be, in effect, an abandonment of public education.

15. Do you oppose the use of either federal or District taxpayer funds to promote “abstinence only until marriage” sex education that undermines safer-sex programs by discouraging the use of condoms and that effectively tells gay and lesbian students that they must remain celibate forever because they may not legally marry?

No, I do not oppose the funding of abstinence-only by local and federal dollars. I would, however, strenuously oppose any protocol or operational practices that would allow such programs to disparage condom distribution programs and safer-sex programs. I do not view such programs as being mutually exclusive and would want to rely upon all of the tools possible for educating young people about abstinence, safe sex and the role that condoms can play in preventing the spread of sexually transmitted diseases.

In short, where possible I want to encourage young people to remain abstinent – both from a maturity standpoint and sexual health and welfare standpoint. However, it is clear that young people in the District of all orientations are, in fact, engaging in sexual activity and there need to be strong support programs geared towards educating them about how to live and love safely – including condom distribution programs.

I will note to you, however, that I do understand how some parties try to turn abstinence-only programming into a vehicle for proselytizing against same-sex relationships. I do not support such a message and would work to ensure that abstinence-only programs remain clearly neutral on such matters.

Consumers and Businesses

16. Do you support the relocation of the many gay bars and businesses that were displaced by the new ballpark, even if local NIMBYs and homophobes oppose them?

Yes, I support the relocation of businesses that were displaced by the new ballpark. I believe, however, that the location of any business must be vetted in the arena of community comment consistent with all relevant licensing and permitting requirements. I state this noting that at times such comments may consist of homophobic content and perspectives. However, it is critical that each and every community have the opportunity to inform the debate about the businesses that operate in and around their communities. That being said, I support the operation of lawful businesses within the District of Columbia.

17. Will you support legislation to curb the abuses of NIMBYs who are now allowed to file an endless series of baseless complaints to harass or extort bars and restaurants?

Yes, I would work in part to craft legislation that would curb abuse of the complaint process. As an attorney, I am always sensitive to measures that seek to limit a person’s ability to bring a complaint. In practice, however, lawyers are typically required to ensure that their complaint meets a minimum standard of fact, coherency and viability, so to speak. I would be open to legislative efforts that seek to bring a similar level of minimum competency to complaints before Advisory Neighborhood Commissions and other bodies of the District government.

18. Do you oppose the Youth Protection from Obscene Video Games Act (B16-0125), a clone of other laws that have consistently been struck down by the courts on constitutional grounds?

Yes, I oppose Bill 16-0125. The jurisprudence in other states clearly highlights the constitutional infirmities of such legislative efforts on First Amendment and other grounds.

Record

Your record is part of your rating. Please list any actions that you have taken that may help illustrate your record on behalf of gay men, lesbians, bisexuals, and transgenders.

My commitment to issues of concern to the District's gay, lesbian, bisexual and transgendered (GLBT) community has been strong through my personal and professional support of organizations including Us Helping Us, the Whitman-Walker Clinic and the Max Robinson Center. Additionally, through my work with the DC Appleseed Center as a member of its Board of Directors, our report on the District's HIV & Aids Administration has been successful in moving much-needed reform efforts forward.

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