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{{autobiography|date=April 2019}}
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{{for|the American baseball player|Albert Toney}}
{{Infobox person
| name = Albert M. Toney III
| image =
| caption =
| birth_date = {{Birth date and age|1966|10|24}}
| birth_place = [[Worcester, Massachusetts]]
| website = 
}}

'''Albert Toney III''' (born October 24, 1966) is a civil rights activist who retired from the Worcester Massachusetts Police Department after being shot in the line of duty.

==Early life==
Albert Toney III was born and raised in [[Worcester, Massachusetts|Worcester]], [[Massachusetts]]. He is the son of a Massachusetts State Police Sergeant and an elementary school teacher.{{citation needed|date=June 2019}}

In 1987, Toney joined the Worcester Massachusetts Police Department, and in 1991, was wounded in a shooting incident that killed his then life partner, Robert Domiano Jr, and another friend, John Ellison, who later died from the result of his injuries.<ref>{{cite news|title=2 Arrested in murder at Ding Ho|newspaper=Worcester Telegram & Gazette, Worcester Massachusetts|date=September 30, 1991}}</ref> The shooter was eventually sentenced to life imprisonment for his actions after a nationwide search took place and the perpetrator found.<ref>{{cite news|title=Johnson Convicted, Gets Life|newspaper=Worcester Telegram & Gazette, Worcester Massachusetts|date=July 30, 1992}}</ref> Toney became the first openly gay police officer on the Worcester Police Department and publicly declared that he would focus his efforts on gay civil rights.<ref>{{cite news|title=Anguish Opens Officers Eyes / Toney Will Work for Gay Rights|newspaper=Worcester Telegram & Gazette, Worcester Massachusetts|date=August 16, 1992}}</ref>

He retired from the police force in 1995 as a result of his injuries from the shooting, but continued to educate others on homosexuality and the stigmas attached to being open about it to the public.

In 2001, the Massachusetts Supreme Judicial Court overturned the 1992 first-degree murder conviction of the person who wounded Toney in 1991, and ordered a new trial based on how the original presiding judge instructed the jury on the elements of first-degree murder.<ref>{{cite news|title=SJC overturns murder conviction|newspaper=Worcester Telegram & Gazette, Worcester, Massachusetts page B1|date=September 21, 2001}}</ref> On March 31, 2003, the shooter was re-convicted of first-degree murder in the Worcester Superior Court and was again sentenced to life imprisonment.<ref>{{cite news|title=Johnson guilty of murder|newspaper=Worcester Telegram & Gazette, Worcester Massachusetts, page 1|date=April 1, 2003}}</ref>

==Civil rights activism and focus on the LGBT community==
Albert Toney III began educating and promoting equality for the lesbian, gay, bisexual and transgender (LGBT) community after retiring from the police force as a result of his injuries sustained in a shooting in 1991. He became involved with his future husband, Keith Fitzpatrick, in 1999. The pair were actively involved in the gay civil rights movement, becoming the faces of gay marriage in Massachusetts while educating people about the importance of recognizing gay and lesbian relationships and families. In 2004, they were featured in a documentary, "Same Sex America", that covered the contentious debate over same-sex marriage in Massachusetts.<ref>{{cite web|title=Same Sex America |url=http://corrafilms.com/2011/09/25/same-sex-america-showtime-2005/ |work=Documentary |publisher=Corra Films |accessdate=14 June 2013 |url-status=dead |archiveurl=https://web.archive.org/web/20130820045254/http://corrafilms.com/2011/09/25/same-sex-america-showtime-2005/ |archivedate=20 August 2013 }}</ref> They were also featured in a televised public service announcement, "Its Wrong to Vote on Rights - The Toneys", regarding a proposed ballot initiative within the Massachusetts Legislature that involved gay marriage.<ref>{{cite web|title=Its Wrong to Vote on Rights: The Toneys|url=https://www.youtube.com/watch?v=7oG3M1tRn7E|work=MassEquality|publisher=MassEquality|accessdate=2013-05-29}}</ref>

Albert was appointed as co-vice-chair of the Massachusetts Commission Against Discrimination (MCAD) advisory board by Governor [[Deval Patrick]] on October 30, 2007.<ref>{{cite web|title=GOVERNOR PATRICK ANNOUNCES APPOINTMENTS TO THE Massachusetts Commission Against Discrimination AND ADVISORY BOARD|url=http://www.mass.gov/governor/pressoffice/pressreleases/2007/appointments-to-mcad-announced.html|work=Official Government Announcement|publisher=The Official Website of the Governor of Massachusetts|accessdate=14 June 2013}}</ref>

===Challenge against the [[Defense of Marriage Act]]===
In 2004, Albert Toney III and Keith Fitzpatrick were legally married in the state of Massachusetts, and became the first same-sex marriage in their town of [[Holden, Massachusetts|Holden]]. In March 2009, they became plaintiffs in a lawsuit filed by [[GLAD]] (Gay & Lesbian Advocates & Defenders), [[Gill v. Office of Personnel Management]] et al., challenging the constitutionality of the [[Defense of Marriage Act]] ([[DOMA]]), which prevented the federal government from having to recognize legal state-sanctioned same-gender marriages. Their section of the lawsuit resulted when Keith was subsequently denied a U.S. passport in his new married name after having provided their marriage license as acceptable proof of a legal name change.<ref>{{cite news|title=State of the Union Defining gay marriage for the feds|url=http://www.slate.com/articles/news_and_politics/jurisprudence/2009/03/state_of_the_union.html|accessdate=7 August 2013|newspaper=Slate|date=4 March 2009}}</ref>  In June 2009 the Toney's became the first successful challenge against [[DOMA]] when the Department of State effectively changed the law so that legal state-sanctioned same-gender marriage licenses would be accepted as proof of a legal name change.<ref>{{cite news|title=Gay couples can use married names on passports|url=http://www.sfgate.com/nation/article/Gay-couples-can-use-married-name-on-passports-3228283.php|accessdate=May 29, 2013|newspaper=San Francisco Times|date=June 20, 2009}}</ref>  This would later become the only successful challenge against [[DOMA]] before the Supreme Court of the United States (SCOTUS) ruled on June 26, 2013 that the law was unconstitutional.<ref>{{cite news|title=Supreme Court DOMA Decision Rules Federal Same-Sex Marriage Ban Unconstitutional|url=http://www.huffingtonpost.com/2013/06/26/supreme-court-doma-decision_n_3454811.html|accessdate=17 September 2013|newspaper=Huffington Post|date=26 June 2013}}</ref>

===Challenge to Massachusetts pension laws===
Albert was also successful in challenging Massachusetts' pension laws when he raised the issue of retirees in same-sex marriages being excluded from being able to cover their spouses because same-sex marriage did not exist, nor was it foreseen, at the time of their retirement. Legislation was approved to allow retirees to change their pension retirement option to one that would pass their retirement benefits on to their spouses in the event of their own death.<ref>{{cite news|title=Gay couples face pension option deadline|url=http://www.telegram.com/article/20120630/NEWS/106309853/1246|accessdate=14 June 2013|newspaper=Worcester Telegram & Gazette|date=30 June 2012}}</ref>

==Publications==
In 2012 the Toney's published a diversity and anti-bullying themed children's story book entitled, "Snions, Stiraffes and Frish...Hooray!  Gonzo Finds Fairview Valley".<ref>{{cite news|title=A Family Affair - Massachusetts Power Couple Writes A Powerful Children's Book|newspaper=Boston Spirit Magazine, page 9|date=July–August 2012}}</ref> Their efforts of spreading the message of civility, kindness, equality and inclusion to young readers was covered by local news outlets.<ref>{{cite news|title=Local couple's children's book addresses serious issue of bullying|url=http://www.necn.com/pages/video?PID=iMwpip2eDhtE4v9f9yvQHNjaoezUyIT9|accessdate=14 June 2013|newspaper=NECN|date=27 August 2012}}</ref>

==References==
{{reflist}}

{{DEFAULTSORT:Toney, Albert, III}}
[[Category:1966 births]]
[[Category:Living people]]
[[Category:People from Worcester, Massachusetts]]
[[Category:American LGBTQ rights activists]]