LOCAL NEWS

Activist Courts, Indeed
Gay N.Y. court employees form The Alliance.

By Dustin Fitzharris
Friday, June 06, 2008

In the 1986 Bowers v. Hardwick case, the Supreme Court upheld a Georgia sodomy law that criminalized oral and anal sex in private between consenting adults. Associate Justice Lewis F. Powell was the swing vote in that infamous trial. Powell claimed he had never met a gay person, and many speculate that such a belief made it easier to view gay people as outlaws on the fringe of society. Little did he know, one of his own clerks was a closeted homosexual.

The sodomy law was overturned in 2003. But even today, people still wonder whether Powell would have voted differently if his own clerk would have been openly gay.

In the Unified Court System of New York, a group is making sure those in the LGBT community are not remaining faceless. Founded in 2003, the Alliance is made up of court employees to promote respect and sensitivity toward LGBT people. Members also identify ways to provide a friendly work environment and to ensure opportunities for career enhancement within the court system, regardless of sexual orientation or gender identity.

“Our best tool in fighting discrimination is to show people across the courts that LGBT people are everywhere, and we expect the same level of respect as everyone else,” said Marc Levine, senior clerk for the New York State Unified Court System and founder of the Alliance.

Although other LGBT groups exist within the court system, such as The Lesbian, Gay, Bisexual and Transgender Law Association of Greater New York (LeGal), for attorneys, the Alliance is strictly for court employees. And it’s one of the few—if not the only—such groups in the nation.

Levine found the Alliance because he believed LGBT employees needed to have more of a presence in the courts to protect and empower people. He still remembers an incident involving a court officer and one of the founding members of the Alliance—she wasn’t officially out, but it was pretty apparent to people she was a lesbian. One day, she found graffiti written all over one of the walls of a court building that was derogatory to her.

“It became clear to me that it was very hard being gay in the courts,” Levine said. “I saw that there were several men in the building where I worked who were closeted and weren’t being treated very well. I also saw that people were treating me differently.”

According to Levine, though the courts had cultural and religious groups, many didn’t think LGBT employees were akin to those groups since they were of diverse cultures and religions. Most did not even take the idea of a gay group seriously. But Levine went ahead with the Alliance.

Since its conception, Levine has seen change.

“There are officers in my building who would have really been thrown off by a gay man. Now, they are really cool about it,” Levine said. “It’s more like, ‘So what?’ And that is what we want.”

Lauren DeSole, director, division of human resources, admires Levine for his infectious personality and dedication.

“Marc is a very energetic, committed and brave person,” DeSole said. “To start any group there is a risk involved, but to be a public face for a group like the Alliance takes a certain amount of bravery.”

Nevertheless, DeSole doesn’t overlook the support the courts have provided.
“The important thing about the court system embracing this group is that it says very publicly to our employees that this is a group with credibility and we need to treat people who are a part of it with respect and no differently from anyone else,” DeSole said.

In December 2007, the Alliance formally created a Board of Advisors made up of judges and justices. Levine called the Board of Advisors an “invaluable support for the Alliance.”

“The judges’ status makes a statement that the LGBT employees must be treated with respect,” Levine said. “They also enhance the prestige of the Alliance.”

Levine still holds dear to him what State Senator Tom Duane said to the Alliance at one of their first meetings.

“He told us, ‘Your very existence makes a difference.’”

One judge in New York has been an advocate for the Alliance since day one.

“Judge Pfau is a quiet powerhouse of a woman,” Levine said. “She is a pillar of strength, and her commitment to diversity and to LGBT rights is quite clear. If we succeed in transforming the courts, it is only due to the support we’ve received from Judge Pfau.”

In May 2007, Ann Pfau became Chief Administrative Judge for all New York State courts. She is the first woman to hold the post. Before this post, Pfau served as the First Deputy Chief Administrative Judge and began a practice where she would meet with all of the individual interest groups; something she continues today.

“When you listen and are more accessible, it changes the day to day dynamic in the workplace,” she said.

Levine cited a moment that illustrated Pfau’s devotion to equality.
“The Court of Administration has an official dress code—men have to wear this and women have to wear that,” Levine said.

Levine raised the issue that the dress code may not be appropriate for people who were transgender or pre-transgender.

“Judge Pfau, without blinking said, ‘Professional dress code is all that matters. Absolutely.’ So many people would have been uncomfortable with the question, but for Judge Pfau it was completely a professional issue where she didn’t even flinch.”

But Pfau does remember a time in the courts where she did flinch and had to think twice about LGBT employees.

“I remember many years ago I was walking through the court in a non-judicial area where people always have pictures of their family up. I began talking to an employee and the employee said to me, ‘I feel bad because I want a picture of my partner up on my desk, and I don’t feel like I can do that.’”

Pfau said that moment was so personal and telling for her. If Pfau were to walk by that employee’s desk today, she said, the partner’s picture would be diplayed.

DeSole, the human resources director, credits the change to The Alliance. “The Alliance has helped people who may not be comfortable with their gender identity or sexual orientation feel a sense of assurance that the courts will embrace them and let them be who they are at the workplace,” she said.

The Alliance hasn’t always been met with high praise. Early on, the group did face some backlash.

“There have been a few cases where some flyers have been torn down,” Levine said. He also recounts the time he was posting fliers for the  group and a court officer said, “I can’t believe they let you guys do this.”

Levine replied: “I can’t believe they still let you work here.”

Today, the group is stronger than ever. This year’s primary goal is strengthening its two-year-old outreach program, which attracts LGBT people to pursue jobs in the court system. In addition to handing out job application packets at places like the LGBT Center, Alliance members in the outreach program help prepare applicants prepare for their tests.
“I want people to succeed in the jobs they have and want to do,” Judge Pfau said. “I want to get to a point where someone can say, ‘I want to try to achieve that job’ and there will be no impediment other than their skill set to achieving that job. Nothing extraneous should be in the way. I don’t want silly things like gender to stop people.”

Justice John Stackhouse, just one of the straight allies for the group, is passionately trying to achieve another goal for 2008.

“It’s a disgrace the rest of the states in the union haven’t got an Alliance, but they’re going to. We’re going to make them do it. I’m fighting for it, and I want it to happen this year,” Stackhouse said.

The Alliance, along with Administrative Judge Jacqueline Silbermann, honors Administrative Judge Fern Fisher of the Civil Courts of NYC at an afternoon event with free rights and name change conferencing. 1–2:30 p.m., Friday, June 27, Supreme Civil Court, 60 Centre St., free. For more info on the event and job openings in the courts, visit LGBTintheNYStateCourts.com.

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