Culhane: Pawlenty throws gays under the bus
OK, maybe it’s just because I’ve taught Torts for so long, but an apparently minor development out of Minnesota really has me irked.
First, consider these two stories:
(1) A California woman is mauled to death by vicious dogs, under circumstances so horrific that the owner is convicted of second-degree murder. Her surviving same-sex partner sues under the state’s wrongful death law. Under a strict reading of the statute, she would lose because she doesn’t have “standing” to sue – unlike the deceased woman’s mother, who does have such standing, even though her actual financial and emotional losses are much less. Yet the court allows the claim to proceed anyway, and she collects a large settlement.
(2) A New York couple enters into a civil union in Vermont. Later, one of the men dies because of alleged medical malpractice. Instead of contesting the merits of the suit, the hospital moves to dismiss the claim because the surviving “spouse” isn’t a spouse at all – the civil union doesn’t count. A trial judge allows the case to proceed, but the appellate court holds that the case should have been dismissed.
Since those cases were decided, the laws in both New York and California have been changed to allow “registered” same-sex couples to bring their claims – not necessarily to recover, simply to have the right to try to establish their losses.
These developments had no effect on Minnesota Governor Tim Pawlenty, who has just vetoed a bill that would have given surviving members of same-sex couples the right to make decisions about the remains of their partners and the right to sue in wrongful death for negligent acts that resulted in their partners’ demise.
When Pawlenty gave as the reason for his veto that the law was unnecessary because same-sex couples can protect themselves by executing living wills, he was flat wrong – at least as to the wrongful death part of the law.
Some quick background on wrongful death law (more than you’d probably ever want to know): These state laws are designed to provide the survivor with what he or she would have been expected to receive from the deceased: In most states, including Minnesota, damages can include some of the income that the deceased would have been expected to earn (whatever the survivor could have been expected to receive), as well as the loss of emotional support and companionship.
So what’s the problem for same-sex couples? Unlike most of tort law, suits for wrongful death are based not on judge-made (common) law, but on statutes that clearly define who’s eligible to recover. And most of the statutes continue to restrict recovery to certain named classes of survivors: In Minnesota, which is fairly typical in this regard, that’s limited to spouses and “next of kin.”
So why and how did judges in California and New York hold to the contrary? By looking to the purpose of the law, which is to compensate based on real loss, and to make sure that bad conduct is deterred. Since the strict categorical requirements of wrongful death laws frustrate those purposes, judges are tempted to “get creative.”
Given the purposes of the law and what the California judge called the “insurmountable obstacle” that gay and lesbian couples face in these cases – you can’t contract around a statute – why the veto?
Here’s a thought: Pawlenty wants to be President, and has to burnish his social conservative credentials first. So everything becomes a threat, suddenly, to “traditional marriage” – however tangential the message on marriage, and however real the costs to actual people.
Here are a few questions I’d like to ask Gov. Pawlenty.. I’m going to send them to his office (unless a reader living in Minnesota would like to!), but I don’t expect an answer.
“Governor, under the law as it now stands, a murderer would owe nothing to the surviving member of a same-sex couple, even if the deceased provided most of the support for that survivor. Can you explain and justify the policy that permits this result?”
“The result of these statutes is so unfair that judges in other states have ignored their language and looked to the purpose of the law in allowing these claims. Why not simply amend the law to better reflect the compensatory and deterrent purposes of wrongful death law?
“What advice would you give to same-sex couples to protect themselves against this result?
“If the same-sex couple had adopted a child, that child’s future prospects could be negatively and even dramatically affected by her surviving parent’s inability to recover for wrongful death. Why should that child be differently affected than the child of an otherwise identical opposite-sex couple?
“You described the law as “divisive.” Can you explain why this law is any more divisive than the one you signed last year, that prevented jointly owned homes from being sold to pay medical bills when one partner dies?”
Politicians in the Pawlenty mode continue to throw us under both the express and the local bus: Marriage and the puny but necessary baby steps that are necessitated by intransigence on full equality. We must hold him accountable, now and if he seeks the Presidency.
John Culhane is Professor of Law and Director of the Health Law Institute at Widener University School of Law in Wilmington, Delaware. He blogs about the role of law in everyday life, and about a bunch of other things (LGBT rights, public health, sports, pop culture, music philosophy and lots of personal stuff) at: http://wordinedgewise.org. A fuller bio can be found here. He can be reached via email at: johnculhane@comcast.net.
Equality Pennsylvania needs an Exec. Dir.
Equality Pennsylvania needs an Exec. Dir.
Equality Pennsylvania needs an Exec. Dir.
Equality Pennsylvania needs an Exec. Dir.
Equality Pennsylvania needs an Exec. Dir.
Equality Pennsylvania needs an Exec. Dir.
Exec. Dir. at gay doctor’s org.
Exec. Dir. at gay doctor’s org.
Exec. Dir. at gay doctor’s org.
Exec. Dir. at gay doctor’s org.
President Obama to Bestow Presidential Medal of Freedom on Harvey Milk
San Francisco – Today President Obama announced that he will honor assassinated civil rights leader Harvey Milk with the Presidential Medal of Freedom, the nation’s highest civilian honor recognizing significant contributions to the nation and the world. The President will also honor Senator Edward Kennedy and tennis legend Billie Jean King, an open lesbian and longtime champion for the rights of the lesbian, gay, bisexual, and transgender (LGBT) community, with the Medal of Freedom on August 12.
Last year, EQCA sponsored the first bill in the country to officially honor Milk, the nation’s first openly gay man elected to major political office, but the Governor vetoed it. Senator Mark Leno (D-San Francisco) introduced the Harvey Milk Day bill, sponsored by EQCA, again this year. The legislation would require the governor to annually proclaim May 22 as Harvey Milk Day, designating it as a “day of special significance,” to recognize Milk’s work to secure equal protections.
Equality California (EQCA) is the largest statewide lesbian, gay, bisexual, transgender-rights advocacy organization in California. In the past decade, EQCA has strategically moved California from a state with extremely limited legal protections for LGBT individuals to a state with some of the most comprehensive civil-rights protections in the nation. EQCA has passed over 50 pieces of legislation and continues to advance equality through legislative advocacy, public education and community empowerment. www.eqca.org
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Original source : http://gay_blog.blogspot.com/2009/07/president-oba…
HBO RANKS HIGHEST IN THIRD ANNUAL “GLAAD NETWORK RESPONSIBILITY INDEX”
ABC Leads Broadcast Networks for Third Year in a Row; NBC and CBS Receive “Failing” Grades for Lack of Inclusion of the LGBT Community
Los Angeles, CA, July 27, 2009 – The Gay & Lesbian Alliance Against Defamation (GLAAD) today released its third annual Network Responsibility Index, a report that maps the quantity, quality and diversity of images of lesbian, gay, bisexual and transgender (LGBT) people on television. Primetime programming on the five broadcast networks was evaluated as well as original primetime programming on 10 of the highest-rated cable networks.
HBO scored the highest rating of the 15 networks evaluated with LGBT characters on shows including True Blood, The No. 1 Ladies Detective Agency and Entourage that reflect the ethnic and racial diversity of the LGBT community. Of HBO’s 14 original series, 10 included LGBT content and 42 percent of the network’s total programming hours included LGBT representation.
“This year programming was not only inclusive of LGBT people, but networks like HBO are beginning to reflect the broad diversity within our community,” said Rashad Robinson, Senior Director of Media Programs at GLAAD. “With upcoming fall programming and new storylines there is a tremendous opportunity for networks to share the stories of all members of our community including lesbian, bisexual and transgender people as well as LGBT people of color, all groups which continue to be underrepresented across all networks.”
GLAAD reviewed a total of 4,901 hours of primetime programming for inclusion of LGBT characters or issues on the five major networks (ABC, CBS, The CW, Fox and NBC) from June 1, 2008 to May 31, 2009. GLAAD also examined 1,212.5 hours of original primetime programming on 10 highly-rated cable networks. Each hour was reviewed for on-screen LGBT representations. Based on the quantity, overall quality and diversity of these representations, a rating was assigned by GLAAD’s Entertainment Media Program to each network: Excellent, Good, Adequate, or Failing.
Additional findings from the GLAAD Network Responsibility Index:
Good
- HBO and Showtime received grades of Good, with HBO leading with 42 percent of programming hours featuring LGBT representations.
- ABC, with shows including Brothers & Sisters, Grey’s Anatomy and Ugly Betty, again received the highest ranking of the five broadcast networks, earning a Good grade with 24 percent of their primetime programming hours including LGBT representations.
- The CW also received a grade of Good, with 20 percent of their primetime programming hours including LGBT representations.
Adequate
- While Fox received an Adequate, rising from last place and a Failing grade in 2008; 11 percent of its programming hours were LGBT-inclusive, yet some of those hours included problematic content.
- Among cable networks evaluated, TNT showed the largest growth, jumping from one percent of LGBT inclusive primetime programming hours last year to 19 percent. FX posted the sharpest decline, dropping 32 percent over the previous season. Both were graded
Failing
- NBC and CBS received Failing grades, for their 8 and 5 percent, respectively, of programming hours with LGBT images. CBS moved down from third place in last year’s GLAAD Network Responsibility Index to last among the five major broadcast networks.
- A&E, Sci Fi and TBS received grades of Failing.
“Television shows that weave our stories into the fabric of the series present richer, more accurate representations and are the kinds of images that help Americans understand and embrace their LGBT family members, friends and neighbors in a more meaningful way,” said Robinson.
The third annual GLAAD Network Responsibility Index was delivered to programming executives at the 15 graded networks, and GLAAD’s Entertainment Media Program will continue discussions with them to advocate for improvements in the quality, quantity and diversity of their LGBT representations.
The Executive Summary of the report can be viewed online at GLAAD.org. A PDF of the full report can also be downloaded at GLAAD.org.
The 14th Annual GLAAD Where We Are On TV report on diversity will be issued in September 2009. This analysis will examine LGBT inclusion as well as the gender and race/ethnicity of all scripted characters scheduled to appear during the 2009-2010 season.
About GLAAD
The Gay & Lesbian Alliance Against Defamation (GLAAD) is dedicated to promoting and ensuring fair, accurate and inclusive representation of people and events in the media as a means of eliminating homophobia and discrimination based on gender identity and sexual orientation. For more information, please visit www.glaad.org.
* Tags = gay men gay news lesbian news transgender bisexual
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Original source : http://gay_blog.blogspot.com/2009/07/hbo-ranks-hig…
DeFrank Center’s boss knows a challenge when he sees one in San Jose
Paul Wysocki was about to show me the drop-in center for youth at the Billy DeFrank Center when the silent burglar alarm went off. Wysocki fiddled with the box to accept his code and wound up calling the alarm company, telling them all was fine. “There’s usually a little lag time before they call the police,” he explained. The situation bore more than a little irony. As interim executive director, Wysocki is sounding the public alarm for the center, San Jose‘s gathering place for the gay, lesbian, bisexual and transgender community. But he has no lag time. Last week, he dispatched an e-mail that bluntly said the center would have to close its doors by Sept. 1 unless it raises $50,000. Wysocki hopes to coax backers to sign up for continuing contributions that would total $20,000 a month. “We had been talking about what we needed to do to get people’s attention,” said the red-haired 60-year-old, an exuberant and funny man who has become an expert in turning around nonprofits. “We decided we had to hit them right between the eyes.”
* Tags = gay men gay news lesbian news transgender bisexual
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Original source : http://gay_blog.blogspot.com/2009/07/defrank-cente…
Gay spouses to get AAA discounts Florida Times-Union -
AAA Auto Club South will now allow same-sex married couples to receive spousal discounts under AAA’s Associate Membership program, a rights group that advocates for gay, lesbian, bisexual and transgender people announced Thursday.
The company met with members of Equality Florida on Wednesday after the group received calls from gay couples who had been denied family memberships.
“Our policy does include gay and lesbian spouses, wherever they were married. Whether in other states or countries, they qualify,” said Tom O’Brien, president and chief executive officer of AAA Auto Club South, in a statement.
Gay marriage is not legal in Florida but has been approved in other states.
See Gay spouses to get AAA discounts
* Tags = gay men gay news lesbian news transgender bisexual
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Original source : http://gay_blog.blogspot.com/2009/07/gay-spouses-t…
