The Lambda Legal Defense and Education Fund (LLDEF), a gay rights organization, posted a document on the Internet updated on 7 July 1998 on which are listed US states which have either civil rights legislation or governors' executive orders banning discrimination on the basis of sexual orientation. California, Connecticut and Hawaii are all listed as having civil rights legislation. Florida is not mentioned in the document. For more details please see the attached text of the document.

The LLDEF Internet document on laws in California, dated 1997-98, reports that California does not have a "sodomy law." Moreover, 30 California municipalities, including San Francisco, have "civil rights ordinances, policies, or proclamations prohibiting sexual orientation discrimination" (ibid.). Five bills against same-sex marriage failed to pass the California legislature in 1996 and 1997 (ibid.). For more details, please see the attached text of the document.

The LLDEF Internet document on laws in Connecticut, dated 1997-98, states that Connecticut does not have a sodomy law. Three Connecticut municipalities have "civil rights ordinances, policies, or proclamations prohibiting sexual orientation discrimination" (ibid.). One bill against same-sex marriage failed to pass in the Connecticut legislature in 1997 (ibid.). For more details please see the attached text of the document.

The LLDEF Internet document on laws in Florida, dated 1997-98, reports that "Florida does not have a law prohibiting discrimination based on sexual orientation." Moreover, "Florida is one of 20 states with a criminal law outlawing consensual 'sodomy.' The state, like 14 others, prohibits 'sodomy' between both different-sex and same-sex couples" (ibid.). Six Florida municipalities, including Broward County (where Ft. Lauderdale is located), have "civil rights ordinances, policies, or proclamations prohibiting sexual orientation discrimination." Two Florida municipalities have repealed measures against discrimination on the basis of sexual orientation which had been in effect (ibid.). One bill against same-sex marriage failed to pass in the Florida legislature in 1996, and two bills against same-sex marriage passed in the Florida legislature in 1997. For more details, please see the attached text of the document.

The Internet Website of the Dolphin Democratic Club of Broward County in Florida, which describes itself as "Broward's oldest and largest gay and lesbian political organization," reports that

Mitch Ceasar, newly elected Chairman of the Florida State Democratic Party and the Broward County Democratic Party has appointed Keith Watts to the "Kitchen Cabinet." The cabinet is the inner circle of the state party. Keith is the first openly gay person to be appointed to the position. As a member of the Kitchen Cabinet, Keith will have direct input on the direction the party takes and will help to formulate strategy.

The Website was updated on 13 July 1998.

The LLDEF Internet document on laws in Hawaii states that Hawaii does not have a sodomy law, that Hawaii "is one of 5 states offering domestic partnership benefits to employees (July 1997)," and that a bill against same-sex marriage failed to pass in the Hawaii legislature in 1996. Moreover, another bill against same-sex marriage has been "pending" in the Hawaii legislature since 1997. It is worthy of note that the "pending" bill against same-sex marriage, House Bill 117, was introduced as a constitutional amendment which was "coupled with House Bill 118, legislation according same-sex couples (and other "reciprocal beneficiaries") the broadest package of rights and benefits ever accorded gay families in the U.S. That law took effect in July 1997." One municipality in Hawaii has passed an ordinance banning discrimination on the basis of sexual orientation. For more details please see the attached text of the document.

For more information on the treatment of gays and lesbians in the US, please see the 1995 Amnesty International document, United States of America: Human Rights Violations: A Summary of Amnesty International's Concerns, available at Regional Documentation Centres.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of sources consulted in researching this Information Request.

References

Dolphin Democratic Club. 13 July 1998. [Internet] http://www.dolphindem.org/content.html [Accessed on 14 July 1998]

Lambda Legal Defense and Education Fund (LLDEF). 8 July 1998. "Summary of States Which Prohibit Discrimination Based on Sexual Orientation." [Internet] http://www.lambdalegal.org/ [Accessed on 14 July 1998]

_____.1997-98. "California." [Internet] http://www.lambdalegal.org/ [Accessed on 14 July 1998]

_____. 1997-98. "Connecticut." [Internet] http://www.lambdalegal.org/ [Accessed on 14 July 1998]

_____. 1997-98. "Florida." [Internet] http://www.lambdalegal.org/ [Accessed on 14 July 1998]

_____. 1997-98. "Hawaii." [Internet] http://www.lambdalegal.org/ [Accessed on 14 July 1998]

Attachments

Lambda Legal Defense and Education Fund (LLDEF). 8 July 1998. "Summary of States Which Prohibit Discrimination Based on Sexual Orientation." [Internet] http://www.lambdalegal.org/ 2 pages.

_____. 1997-98. "California." [Internet] http://www.lambdalegal.org/ 3 pages.

_____. 1997-98. "Connecticut." [Internet] http://www.lambdalegal.org/cgi-bin/pages/states/record?record=7 1 page.

_____. 1997-98. "Florida." [Internet] http://www.lambdalegal.org/cgii-bin/pages/states/record?record=9 2 pages.

_____. 1997-98. "Hawaii." [Internet] http://www.lambdalegal.org/cgi-bin/pages/states/record?record=11 2 pages.

The following information was provided in a 29 May 1998 telephone interview with a United States Immigration and Naturalization Service (INS) official in Washington.

The official stated that if the United States Government knows that the claimant has left the country while his refugee claim is pending, it may consider the action as an abandonment of the claim depending on the circumstances. For example, if the person has returned to his/her country of origin, the U.S. Government may consider an abandonment of the case. If, on the other hand, the person has left the United States for a third country, while having an asylum claim pending in the U.S., the U.S. Government may not necessarily close her file.

Once a person has entered the United States and submitted an application for asylum, which must be done within one year, she is considered an "intending immigrant" by the INS. If the person has entered the United States legally and continues to have legal status, she may leave and return to the United States at will as long as her legal status is in good standing (i.e. as long as her multiple entry visa is valid).

If a person has entered the United States illegally, she cannot leave the country without a document called "advanced parole." This document is the INS' permission for the person to re-enter the United States.

If a person whose claim is pending in the U.S. applies for refugee status in Canada and is denied, she may return to the United States and present a new request for asylum there. The fact that the person was outside the United States for a period of time does not prevent her from continuing to pursue a previously filed asylum claim in the U.S.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

Reference

Naturalization and Immigration Service (INS), Washington. 29 May 1998. Telephone interview with an official.