By Christianne Walker
© Seattle Gay Standard, November 2001

"I have the greatest job in the world." — Kate Kendell

Kate Kendell has good reason to gloat. She heads the San Francisco-based National Center for Lesbian Rights, the country's premier feminist legal center dedicated to, in Kate's words, a world in which lesbians live free of discrimination. Through litigation, public education, workshops and grassroots networking, the NCLR has helped to secure basic civil rights not only for lesbians but also for gay men and transgendered people over its twenty-four year history. It does this through its work on a variety of program areas, including youth, child custody and visitation, adoption, elder, immigration, domestic partnership and same-sex marriage, and homophobia in sports.

Just recently the NCLR scored a major victory in the case of Sharon Smith, whose partner, Alexis Whipple, was killed in a brutal attack early this year by her neighbors' dogs. The San Francisco Superior Court ruled that Smith is entitled to proceed in her trial to sue the dogs' caretakers for the wrongful death of her partner. It's a precedent-setting case where, for the first time in this country, a court ruled that denying same-sex partners the right to bring a wrongful death suit violated the constitutional principle of equal protection. "It's a very simple legal principle," says Kate, "and one that has never been extended before to lesbian and gay surviving partners." The NCLR is representing Smith as she goes forward in her wrongful death suit. This case is just one of approximately 40 per year in which the NCLR provides direct representation of clients or serves as co-counsel with firms.

Most gratifying for Kate is the work she does building relationships nationwide that directly impact LGBT people at the local level. Several times a year, she speaks at conferences around the country, serves on panels at LGBT seminars, and does house parties, or small fundraisers, where she discusses the work of the NCLR and learns about the efforts of local community groups.

As the NCLR heads into its 25th year, Kate's goal is to tap into new areas of support and increase its visibility for even greater impact. Says Kate, "there are vibrant queer communities in every place in this country where people are, just in their own way, advocating for domestic partnership benefits from their employer, attending PTA meetings as openly lesbian or gay parents. That's how the real work happens and I feel like we're a part of it, that we can assist it, that we do help move the agenda of equality and justice for LGBT people forward. But the real work of changing hearts and minds happens in cities and towns, and the great pleasure that I have is I get to see that and observe it, and meet the people who are doing it."

Last week's successful fundraiser in Seattle, where about 50 people heard Kate speak about what the NCLR does and donated money to the cause, is an example of that kind of work. Her goal is to come back to Seattle next year for another fundraiser and do what her organization does best: partnership-protection workshops, so that couples have all their paperwork and legal documents in order to better protect their relationships, and parenting workshops, where they discuss with lesbian and gay prospective parents the questions and legal ramifications of embarking on the process of starting a family. The workshops are an example of the NCLR giving back to the community, where it can provide the legal expertise and advice while utilizing local attorneys and social workers who know the area best.

Because Seattle and the Northwest is fairly progressive relative to many other parts of the country, and because we have several local organizations doing good civil rights work, the NCLR is not as involved legally here as it is in other areas with greater need, such as in the South.

In terms of queer activism, Kate feels we need to be paying more attention to what's going on with judges and at the policy level. So often, when the LGBT community scores a victory, such as the Washington State Supreme Court's recent Vasquez decision, we also experience defeat. A perfect example: the California Court of Appeals dealt a major blow last week to gay and lesbian parents by suggesting that all second parent adoptions granted over the last seventeen years, many of which involved same-sex partners, may be invalid. Kate notes that such decisions are a wakeup call that just when we feel we're on solid legal ground, a couple of judges can suddenly turn everything upside down.

"It's really important that the LGBT community be paying attention to what's happening at the policy level at the state government and federal government," she says. "Who are going to be our judges at the federal level and at the state district courts? They will shape our lives for a generation to come, and nobody's paying attention to these judges that are being nominated and appointed."

She notes that judges are being considered and approved as we speak, yet in the aftermath of the September 11th attacks no one is really paying attention. This, she says, is dangerous because the status of our rights is still too vulnerable. "All of the gains we've made are fragile and can be undone.I do think that we're in for a decade or so, and maybe more, of some risk of some really serious slippage, particularly in the legal realm depending on what judges get confirmed." Not surprisingly, this ignorance and complacency in the queer community is one of her biggest concerns.

Nevertheless, she is very optimistic about the future of LGBT rights and the NCLR's role in it. The terrorist attacks have helped her hone a new message to the pubic about the importance of her organization. "Let us take over the worry about your civil rights and your future and your security as LGBT people. We'll take care of that. Put that on our plate and know that it's in good hands." With Kate's passion and the intelligence and drive of her and her staff, there should be no doubt indeed that we are in great hands. To learn more about the NCLR and become a member, visit www.nclrights.org.