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       Updated October 9, 2007         Compiled & written by Mike Fitzpatrick
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Fair Wisconsin Fights On For Full Equality
Quest’s Mike Fitzpatrick interviews Executive Director Eva Schiffrin
Madison - Last May, after several months of multiple interim directors and an exhaustive bit of head hunting, Fair Wisconsin named Eva Schiffrin as its first post-amendment Executive Director. Schiffrin came to Fair Wisconsin from the Wisconsin Coalition Against Sexual Assault, where she served as the Fair Wisconsin's Eva Schifrinstaff attorney since 2002.
  Schiffrin was active during the Fair Wisconsin amendment campaign in 2006 and was a founding member of Attorney’s Against the Ban, a working group of lawyers that educated the public on the potential legal impact of the constitutional amendment banning gay marriage and civil unions.
  Schiffrin has been an LGBT rights advocate for over twenty years beginning in high school. She brings a wealth of knowledge and experience to Fair Wisconsin from both the legal and the not-for-profit sector.  Schiffrin has also worked as an attorney for the Coalition of Wisconsin Aging Groups and an instructor for the University of Wisconsin Law School. She received her J.D. from the University of Wisconsin and her undergraduate degree from Indiana University.
  Over the last four months Schiffrin has begun to set Fair Wisconsin’s post-amendment course. Shrinking from a multi-million campaign with dozens of employees to public policy agency as the former Action Wisconsin had been prior to the “No” campaign (and with far fewer dollars and staff) is a kind of challenge even the most-seasoned activist would find difficult. However, Eva has done so with an aplomb that has been missed by most of the mainstream media.
  Quest felt it was time to put the spotlight on an activist whose job is not merely keeping the  full equality flame lit, but making it burn ever brighter in the coming election cycle. News editor Mike Fitzpatrick, himself a former Action Wisconsin President and a current board member of the agency’s educational arm, sat down with Eva to see just how well things have been going and what Wisconsin’s LGBT activists can expect from both her and Fair Wisconsin in the coming months.

Quest: Wisconsin's gay community just a few weeks shy of a first anniversary most of us do not look forward to marking: the passage of the so-called "Protection of Marriage" amendment to the Wisconsin Constitution. How do you think the state's gay and lesbian community is handling that loss?

Schiffrin: I think the LGBT community is handling this loss in exactly the way that would be expected: with sadness, sometimes with anger, sometimes with resolve, sometimes with a sense of looking forward and continuing the fight. There has been no one response, there have been many. Some feel saddened because they feel betrayed by friends and neighbors. But many, many others feel proud of the effort that they made to oppose the amendment.
  We (Fair Wisconsin) did send out a survey to anybody who wanted to contribute their thoughts about (the loss). We heard from overwhelming numbers of people that were please that they could say they did everything that they could - they talked to their friends, they talked to their neighbors, they volunteered and they donated - to make sure that this would not happen in Wisconsin.  There’s a sense of loss but also a sense of pride.
  Now that we’re coming up on a year later, people are getting to the point where they’re ready to put things behind them and look forward as to how we can make progress. The amendment was forced upon us not at a time of our choosing and in a forum not of our choosing. Now I think people are ready to take the reins themselves and move forward with Fair Wisconsin with a pro-active legislative agenda.

Quest: How has that loss specifically impacted Fair Wisconsin, the group most highly identified with the "no" side of that battle?

Schiffrin: Obviously Fair Wisconsin has had to struggle with our own process of sadness and loss. We too have gone through the same process our supporters have. We’ve done deep soul-searching and decided we have no other option  but to fight for our LGBT community and its rights.
  We have taken stock of our assets and discovered they are enormous. We have thousands of volunteers and supporters. Our ability to make things happen in our state legislature and in other avenues is unprecedented, (compared to) before the campaign. We are in a position of strength that we haven’t been in before. That’s exciting and presents opportunities that we should not ignore.

Quest: To date, it’s been eleven months, has there been any real impact from the amendment's passage on Wisconsin's unmarried couples, same sex or otherwise?

Schiffrin: There have been smatterings of people saying that they’re going to attempt things. They haven’t.
  Fair Wisconsin did prepare a short piece about the potential effects of the amendment (Editor’s Note: available at www.fairwisconsin.com). One thing about the amendment: it didn’t automatically undo a lot of things. It would actually take some sort of a legal action to have something declared unconstitutional under the amendment. Thus far, nothing has been declared unconstitutional.
  I wouldn’t be surprised to see some attempt in the future. Thus far no effort has been successful in having something declared unconstitutional in the state of Wisconsin.
 
Quest:  A pro-se lawsuit challenging the amendment by Bill McConkey, a heterosexual UW-Oshkosh professor, was filed earlier this year. Most of it was thrown out recently. But the suit is still partially alive due to an unresolved issue about how the question was worded on the ballot last year. Any thoughts on this?

Schiffrin: Fair Wisconsin is not a part of this case. His legal argument is based on the idea that way the issue was put to the voters was confusing. The legal issue revolves around the question as to whether it was appropriate to put a two-subject, in other words, a two sentence ballot question to the voters. It is a general principle that you’re only supposed to ask voters to resolve one question in a ballot initiative. You don’t want people to be ranking the importance of one thing over another. You want one discreet issue to be presented and one discreet issue to be resolved.
  Fair Wisconsin said all along that the way the amendment was worded was extraordinarily broad, extraordinarily far-reaching, affected more than one group of people, had more than one subject and therefore was very confusing. Now I’ll guess we’ll see what the court says.

Quest: Wisconsin's protracted budget battle continues. The Senate-passed version of the budget contains provisions for offering domestic partner benefits for unmarried state employees. Since the Senate has already offered to give up their expanded health care plan, do you think the DP issue is one of the "elephants still in the room" preventing both sides from resolving the impasse? 

Schiffrin: I think it would be fair to say that LGBT issues in general have been a wedge issue in our legislature, particularly with a divided legislature. It’s no secret that the Assembly took DP benefits out of their version of the budget while the Senate retained them. While I don’t have any inside information about what’s going on in the (reconciliation) negotiations, I wouldn’t be surprised that there are a lot of items currently being negotiated.
  I am extremely pleased that our allies in the legislature have very strongly stated their support for these (DP) bills. My belief is that they’re in there fighting for us.
  I can’t say what the end result is going to be. It’s extraordinary that we have gotten farther in the budget process than ever before in terms of DP benefits.
  We have done many action alerts over the course of this process. My belief is that Wisconsin citizens do support benefits like these and our action alerts have generated literally tens of thousands of contacts on this issue with the legislature. I think the (budget reconciliation committee) is well aware of the widespread support  for domestic partner provisions. I can only say that I’m hopeful.

Quest: Gut feeling - will the DP provisions be in the budget or not?

Schiffrin: As you know things are shifting every day. Some days I feel extraordinarily confident, but I don’t really have a gut feeling. It’s extraordinary that we’ve gotten this far in the budget process. That makes me hopeful.

Quest: With the talk right now saying that this budget impasse may actually drag on through the middle of October, is there anything that people can do right now to “turn the screws” a bit more on the inclusion of domestic partner benefits?

Schiffrin: Fair Wisconsin has already generated tens of thousands of constituent contacts with their legislators. I’m not sure that anything in addition to that can be done that would move it along sooner. There are a lot of reasons why the budget process is taking this long and they are things that our supporters may be able to do nothing about (as) they go far beyond LGBT issues.

Quest: What other initiatives is Fair Wisconsin currently working on?

Schiffrin: That’s a great question. Fair Wisconsin is currently working toward the establishment of the first form of relationship recognition of same-sex couples in Wisconsin. We’ve generated a lot of interest in and a lot of conversation in our state over the last two years about what it would mean for LGBT couples to gain certain rights, and how it harms same-sex couples to be denied those rights.
  LGBT families should have a measure of security and stability, just the same as other couples. Over the course of the campaign we talked to hundreds of thousands pf Wisconsinites about LGBT relationships, same-sex couples and what equality would mean for those couples. As a result, we believe that we now stand poised to make real forward progress in this realm, and we don’t want to miss our opportunity.
 So while marriage is currently off the table because of the amendment, there are a number of basic, fundamental rights that can immediately pursue. Fundamental rights extended to LGBT couples would not run afoul of the amendment.
  It is our firm belief, based on what we have heard from all over the state, that Wisconsinites believe that same-sex couples should have the benefit of certain types of rights just like other couples. We continue hear stories about the way that the lack of relationship recognition harms same-sex couples. We continue to hear stories about people denied hospital visitation and other fundamental, basic rights.
  So we think that its a critical time to keep the issue of family recognition, relationship recognition at the forefront of people’s minds, so we don’t lose the momentum that we’ve built over the last couple of years.
  One of the first things we’re going to do is pursue domestic partner registry that would extend basic, fundamental rights to Wisconsinites such as hospital visitation and inheritance rights. We are in the midst of finding support for our bill up at the Capitol. It is our hope that we will see a bill introduction this Fall.

Quest: Fair Wisconsin has just come out in full support of Wisconsin Congressional Representative Tammy Baldwin's support of a fully-inclusive ENDA bill. Tell me more about this initiative. Is this also a rallying cry for a possible expansion on Wisconsin nondiscrimination laws to include gender identity?

Schiffrin: Fair Wisconsin believes that no person should be discriminated against in their workplace. That includes people who have been discriminated against on the basis of race, sex, disability, religion, national origin and other categories that have been protected under federal law in the past. We believe it should also include sexual orientation and gender identity.
  When (ENDA) was introduced, it added sexual orientation and gender identity to the list of folks are protected under non-discrimination laws. The recent rumblings have been that the gender identity component might be removed in the U.S. House of Representatives. (Editor’s Note: Among the issues gender identity includes are transgender issues.)
  We are extraordinarily pleased to have a Congresswoman in Tammy Baldwin who recognizes the importance of making sure that no member of our LGBT community is discriminated against in the workplace. She has come forward to say she supports a fully inclusive ENDA  that supports sexual orientation and gender identity.
  As to whether this is a rallying cry? You will, I think, see that when the time is right Fair Wisconsin getting involved in this issue at a statewide level. This (the ENDA inclusion debate) is certainly a wonderful opportunity to make sure that Wisconsinites are educated on the harm that transgender individuals face in the workplace. Transgender individuals are being discriminated against at high levels in the workplace. This provides a starting point for individuals in our state to understand those harms.

Quest: The last three months have been pretty amazing for gay issue political junkies. Between the seemingly never-ending gay sex scandals among closeted Republicans and the recent Democratic Presidential debate on gay issues, it seems like the tide in favor of full LGBT civil rights is turning into a tsunami. Especially, some may feel that the recent, open Democrat support for full LGBT inclusion - including marriage equality - would seem to make the need for "special interest" groups like the Human Rights Campaign or Fair Wisconsin obsolete. Why do you feel it is important for Wisconsin's LGBT community to continue to support a statewide LGBT civil rights organization like Fair Wisconsin?

Schiffrin: Nationwide, the news has been enormously positive. I agree. It feels like the tide is turning. More states than ever before support workplace protections for LGBT individuals, more states are moving for domestic partners, more efforts for full marriage equality and civil unions, attempts at (anti-gay) ballot initiatives have failed.
  In many ways these events are due to the hard work of organizations like Fair Wisconsin. They take time. Some people say that change is inevitable. I believe that change is inevitable. But its only inevitable when folks like us do the hard work of building a movement and educating our citizens about LGBT families. That means also talking to our friends about the challenges our community as LGBT families, couples and individuals.
  While there are healthy signs that public opinion is shifting in our favor, I think it is also fair to say that Wisconsin has a long way to go. It is imperative that we continue to do the hard work to ensure that forward progress. We need a strong LGBT advocacy agency to ensure that we will be the first state to remove an amendment from our constitution.

Quest: What kind of money will it take to keep a visible, effective voice for Wisconsin's LGBT community statewide in the 2008 election cycle?  Moreover, how critical is the need to financially support Fair Wisconsin right now?

Schiffrin: Fair Wisconsin right now is poised to make great change, not only in the public policy arena, but change in the composition of the face of our legislature. This is going to be critical in the next year.
  We want to make sure that the folks in our Capital are pro-fairness and support LGBT individuals, families and communities. This will - of course - require resources.
  One of the exciting things going on in Wisconsin and around the nation is the ability of LGBT groups to bring their political power to bear upon the composition of our state legislature. Fair Wisconsin is no exception to this. In November and in the Spring election pro-fairness voters went to the polls in unprecedented numbers. LGBT issues have been a unique motivator for civic engagement for a large number of voters in Wisconsin. We need to maintain these efforts.
  Maintaining the statewide presence necessary to ensure victory on this front is challenging. Our extensive volunteer network is a start, but its only a start. We have a massive presence on campuses. We have a massive presence in rural communities, urban communities, faith communities, business communities and more.
  However, to raise the bar on our issues; to conduct the outreach and education necessary; to make sure that every Wisconsinite knows who stands for fairness and who gets in the way of fairness, we do need significant resources. While I know people feel asked a lot for support, it is a critical time for Fair Wisconsin and to show that our issues still matter to a large number of Wisconsin voters. To do this we do need significant resources.
  I don’t think it will come as a surprise to anyone that we don’t have campaign-level resources to bring to these issues. But do we need to continue our commitment to ensure forward progress. In many ways it is more important than ever to keep fighting for a fair Wisconsin.

Quest: I brought the question up because there are people who think that because there’s a bake sale or a drag show that  gives money to Fair Wisconsin, they’ve done their part. Those events raise tens or hundred of dollars. You aren’t talking that kind of money: “significant resources” is what kinds of thousands of dollars? This not something that can be done with a five dollar donation.

Schiffrin: It takes tens of thousands of dollars if not hundreds of thousands of dollars to run a politically-sophisticated campaign. Dollars have to be sought that cannot come from sources other than private or government grants.
  We are looking to our community to show that these issues are important to them and that ensuring a pro-fairness legislature is important to them. Our state would not be in the position we are in now if we had a legislature that was pro-fairness.

Quest: Here's a tough question: why is it important for the state's largest gay community in Milwaukee to give as much - or possibly even more - to the Wisconsin statewide efforts through Fair Wisconsin as they do to their own very effective, Milwaukee-based gay civil rights group Center Advocates? I’m not saying don’t give to one, give to the other, obviously. I’m saying we need to support both.

Schiffrin: Wisconsin is lucky to have a vibrant LGBT movement. That community includes a variety of different groups: local, statewide, youth, public policy advocacy, etc. Along with a vibrant LGBT community comes the need to support multiple organizations with multiple, different visions. Fair Wisconsin’s mission - and its strength - is its statewide presence and its statewide voice for public policy. We are dedicated to advancing the civil rights of lesbian, gay, bisexual and transgender people. We are uniquely situated to do this work through our education, legislative advocacy, grassroots organizing, coalition building and electoral efforts.
  It is only through a strong statewide movement that progress will be made for all of Wisconsin’s citizens. Forward progress in the electoral and public policy realm will benefit all Wisconsinites. Therefore its something all Wisconsinites should play a pert in, regardless of where you live.
  No other LGBT organization maintains a presence in every corner of the state or has an ability to work in our Capital like Fair Wisconsin does. This is our unique role. I believe it is something that all Wisconsinites can get behind.
  That said we are great believers in coalition building. We could not do our work without the support of local agencies and groups. Our coalition with Center Advocates when we were working on the amendment was a prime example of this. We need all of our partners to help us build our collective voice because building that collective voice is important. That’s what Fair Wisconsin brings to the landscape of LGBT organizations in this state.

Quest: Any last words you'd like to share with Quest's readers?

Schiffrin: I’d just like to say check out our website (www.fairwisconsin.com). Stay updated about our activities. The website includes information about action network meetings in your areas. Fair Wisconsin remains a vibrant, powerful voice for positive change in our communities. We need your support as we go forward.

Quest: And if I can add something: dig deep and write a check today, just in case you haven’t done so in awhile. It’s time to get back in the habit.

Schiffrin: Thank you.

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