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.
Gay professor Simon Karlinsky dies
Simon Karlinsky, an openly gay distinguished professor in the Slavic Languages and Literatures Department at the University of California, Berkeley, and an expert on the history of homosexuality in Russia, died July 5 due to congestive heart failure. He was 84.
Mr. Karlinsky’s death was announced by his husband, Peter Carleton. The couple lived in Kensignton.
For more than 30 years Mr. Karlinsky taught at UC Berkeley. He was an author and editor of books on Gogol, Nabokov and Chekov, and an internationally known expert on the history of homosexuality in Russia.
He was born on September 22, 1924 in the city of Harbin, a Russian cultural outpost in Manchuria (now China).
See Gay professor Simon Karlinsky dies
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‘Two-Track’ Church Suggested by Archbishop of Canterbury
PARIS — The Most Rev. Rowan Williams, the archbishop of Canterbury, said profound differences among the world’s 77 million Anglicans over gay clergy and same-sex unions could divide their church into a “two-track model” yielding “two styles of being Anglican.”
The formula could avert a formal breach between liberals and conservatives but bring new strains in the relationship between the global Anglican Communion and American Episcopalians who resolved this month to open the door to ordaining openly gay bishops and to start the process of developing rites for same-sex marriages.
Archbishop Williams insisted that the issue should not be debated “in apocalyptic terms of schism and excommunication but plainly as what they are — two styles of being Anglican.”
In a lengthy message published Monday on his Web site, the archbishop offered a detailed and nuanced response to events at the Episcopal convention in Anaheim, Calif., this month when gay-rights advocates in the United States chalked up major victories over conservatives on sexual issues. The Episcopal Church is the official branch of the Anglican Communion in the United States.
The developments were seen by liberals and conservatives as likely turning points in the history of the divided Episcopal Church, reflecting the profound rifts over sexual issues within Anglicanism — the world’s third largest network of Christian churches after the Roman Catholic and Orthodox Churches. The differences have crystallized around the Episcopal Church’s consent in 2003 to the consecration of the church’s first openly gay bishop, V. Gene Robinson of New Hampshire.
The Episcopalians had agreed to a moratorium on the election of gay bishops, but it was lifted at the convention in Anaheim.
The archbishop of Canterbury is the spiritual head of the Anglican Communion, which is composed of 38 provinces worldwide. The Episcopal Church claims about 2.3 million members.
In his message, Archbishop Williams repeated his view that “a blessing for a same-sex union cannot have the authority” of the full Anglican Communion, any more than a blessing for a heterosexual couple living outside marriage would have.
That, in turn, means that as long as the broader church “as a whole does not bless same-sex unions, a person living in such a union cannot without serious incongruity have a representative function in a Church whose public teaching is at odds with their lifestyle.”
The issues have confronted the archbishop with deep divisions not simply between liberals and conservatives in the United States but also across the broader church with its many followers in Africa, Britain and elsewhere. Four conservative dioceses in the United States and many individual Episcopal churches have broken away from the national denomination to forge alliances with conservative Anglican groups such as the Anglican Church of Nigeria.
Archbishop Williams said: “There is at least the possibility of a twofold ecclesial reality in view in the middle distance: that is, a ‘covenanted’ Anglican global body, fully sharing certain aspects of a vision of how the Church should be and behave, able to take part as a body in ecumenical and interfaith dialogue; and, related to this body, but in less formal ways with fewer formal expectations, there may be associated local churches in various kinds of mutual partnership and solidarity with one another and with ‘covenanted’ provinces.”
The archbishop has promoted the idea of covenant — described by some analysts as a kind of good-behavior guide for churches — to overcome the rift.
“This has been called a ‘two-tier’ model, or, more disparagingly, a first- and second-class structure,” the archbishop’s message said. “But perhaps we are faced with the possibility rather of a ‘two-track’ model, two ways of witnessing to the Anglican heritage, one of which had decided that local autonomy had to be the prevailing value and so had in good faith declined a covenantal structure.”
The message continued: “It helps to be clear about these possible futures, however much we think them less than ideal, and to speak about them not in apocalyptic terms of schism and excommunication but plainly as what they are — two styles of being Anglican, whose mutual relation will certainly need working out but which would not exclude cooperation in mission and service of the kind now shared in the Communion.”
See Anglican Sees ‘Two-Track’ Church @ New York Times
- Archbishop warns ordination of gay clergy could lead to two-tier … guardian.co.uk
- Anglican Head Warns Of Two-Tier Church After Gay Vote On Top Magazine Archbishop of Canterbury responds to General Convention actions on … Austin American-Statesman
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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.”
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Daniel Radcliffe slams ‘stupid’ homophobes
Daniel Radcliffe hates homophobia.
The ‘Harry Potter’ actor – who is dating actress Laura O’Toole – was raised to treat everyone equally and he thinks singling someone out because of their sexuality is wrong.
He said: “I just loathe homophobia. It’s just disgusting and animal and stupid and it’s just thick people who can’t get their heads around it and are just scared.
“I grew up around gay people entirely. I was the only child in my class who had any experience of homosexuality or anything like that.
“I hate any type of prejudice.”
The 20-year-old British star also spoke of his political beliefs and called on people to follow his decision to vote Liberal Democrat in the next election.
He added to Britain’s Attitude magazine: “At the next election I will almost certainly vote Liberal Democrat. See Daniel Radcliffe slams ‘stupid’ homophobes
NZ City -
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Backers of Gay Marriage Rethink California Push
LOS ANGELES — Discouraged by stubborn poll numbers and pessimistic political consultants, major financial backers of same-sex marriage are cautioning gay rights groups to delay a campaign to overturn California’s ban on such unions until at least 2012.
Earlier this year, many supporters of same-sex marriage seemed eager to mount a 2010 campaign to overturn Proposition 8, which was passed by California voters in November and defined marriage as “between a man and a woman.”
But the timing of another campaign has since been questioned by several of the movement’s big donors, including David Bohnett, a millionaire philanthropist and technology entrepreneur who gave more than $1 million to the unsuccessful campaign to defeat Proposition 8.
“In conversations with a number of my fellow major No on 8 donors,” Mr. Bohnett said in an e-mail message, “I find that they share my sentiment: namely, that we will step up to the plate — with resources and talent — when the time is right.”
“The only thing worse than losing in 2008,” he added, “would be to lose again in 2010.”
The issue of when to go back to the polls was also the central topic at a contentious “leadership summit” held Saturday at a church in San Bernardino, east of Los Angeles, where about 200 gay rights advocates gathered to discuss their next step. It was the second large meeting of gay leaders since late May when the California Supreme Court ruled against a legal challenge to Proposition 8, which passed with 52 percent of the vote.
Shortly after the court’s decision, officials at Equality California, one of the largest gay rights groups in California, issued an online plea for donations for a possible 2010 campaign, citing a need to capitalize on anger over the decision and on the seeming momentum from the recent legalization of same-sex marriage in several other states.
But that thinking has apparently evolved.
Marc Solomon, marriage director for Equality California, said he spent June and early July asking the opinions of nearly two dozen California political consultants and pollsters and had been surprised by the almost unanimous opinion that a 2010 race was a bad idea.
“I expected having watched the protests and the real pain that the L.G.B.T. community had experienced that there would be some real measurable remorse in the electorate,” Mr. Solomon said, referring to lesbian, gay, bisexual and transgender people. “But if you look at the poll numbers since November, they really haven’t moved at all.”
A major factor in any California balloting, of course, is money; campaigns here are remarkably expensive, with a number of costly media markets. The Proposition 8 campaign, for example, cost more than $80 million, with opponents spending some $43 million.
Sarah Callahan, ch
See Backers of Gay Marriage Rethink California Push
New York Times
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Diocese of Niagara to offer same-sex blessings
As of Sept. 1, the diocese of Niagara will allow its priests to bless same-gender couples who have been civilly married.
Niagara becomes the second diocese in the Anglican Church of Canada, after the Vancouver-based New Westminster, to offer a sacrament for same-sex blessings. (The diocese of New Westminster, which allowed same-sex blessings in 2002, currently limits the rite to eight parishes.) The issue of same-sex blessings continues to deeply divide Anglicans in Canada as well as worldwide.
“The Niagara Rite is intended for the voluntary use of priests who wish to offer a sacrament of blessing regardless of the gender of the civilly married persons…” the diocese of Niagara said on its Web site, www.niagara.anglican.ca
The rite may also be used for the blessing or renewal of vows for couples “celebrating a significant moment in their married life together,” said an introduction to the Niagara Rite.
The approval of the rite came five years after the diocesan synod of Niagara passed a motion allowing civilly-married gay couples, “where at least one party is baptized,” to receive a church blessing. The diocesan bishop at that time, Ralph Spence, had refused to implement the motion. In January 2008, a similar motion was approved by Niagara’s diocesan synod, and this time, Bishop Spence gave his approval, but said he reserved the right to determine when the same-sex blessings would move forward.
Last fall, Bishop Spence’s successor, Michael Bird, informed a meeting of the Canadian house of bishops that he intended to develop the rite, saying, “I believe we are among those who have been called by God to speak with a prophetic voice on this subject.”
Under a list of protocols outlined by Bishop Bird, a cleric who wishes to offer the Niagara Rite must contact the bishop’s office “so that a conversation can take place between the bishop and the cleric involved.” The cleric is expected to provide details about the couple the cleric intends to bless “and should be prepared to have a conversation about the response of the parish to the blessings,” the list added. “A date for such a blessing should not be confirmed with the couple until after this conversation with the bishop has taken place.”
A parish is not required to get the approval of its vestry before it can offer such blessings.
Two other dioceses – Montreal and Ottawa – have also informed the house of bishops about their intention to move ahead with same-sex blessings. At that meeting, the house of bishops issued a statement saying that a “large majority” of its members could affirm “a continued commitment to the greatest extent possible” to a moratorium on the blessing of same-sex unions. But it acknowledged that the moratorium, which had been sought by the Archbishop of Canterbury and the primates of the Anglican Communion, would be difficult for some dioceses “that in confidence have made decisions on these matters.”
The issue of whether dioceses can offer same-sex blessings is likely to be revisited at the 2010 meeting of General Synod, the governing body of the Anglican Church of Canada. In 2007, General Synod had agreed that blessing rites for gay couples are “not in conflict” with core church doctrine, but refused to affirm the authority of dioceses to offer them. General Synod delegates had also voted to study revising the marriage canon (church law) to allow priests to marry all legally qualified persons. Marriage for gay people has been legal in Canada since 2005.
Last spring, Council of General Synod (CoGS), the church’s governing body in between General Synod meetings, decided not to ask General Synod 2010 to amend the marriage canon to allow for the marriage of same-sex couples. The decision was made after the faith, worship and ministry committee, which was asked by CoGS to prepare “a theological rationale to allow for the marriage of all legally qualified persons,” said that it found the request problematic. Janet Marshall, committee chair, told CoGS that some members felt uncomfortable about being asked to create a rationale for only one side of the argument.
See Diocese of Niagara to offer same-sex blessings
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Gay marriage and the date debate
Nearly nine months after California voters banned same-sex marriage in the state, gay marriage supporters are ready to ask them to overturn Proposition 8. They’re just not sure when to ask: In November 2010 or November 2012. Choosing a date involves more than sifting through the polling, community meetings and consultants’ reports that have filled the time since last fall’s election with soul-searching and finger-pointing among supporters, culminating in a meeting of the movement’s leaders Saturday in San Bernardino. Generating enthusiasm for a grassroots campaign will also be a heart-based decision, one that has split same-sex couples even in Kern County, where 75 percent of voters backed Prop. 8. Bakersfield resident Jade Haley wants an initiative in 2010. Her partner Alee Gamino thinks that’s too soon. Gamino’s Catholic mother still refers to Haley as “she” and has no contact with them as a couple, who are raising Gamino’s teenage daughter from a previous relationship. On Sundays, Gamino, 34, goes to church twice. She attends a Catholic service solo with her mom in the morning and goes to a Metropolitan Community Church with her partner in the evening. “The churches have thousands and thousands of people ready to go against us,” said Gamino. She looked at 70 people who came to a Unitarian Universalist Church on Thursday to talk about the movement’s next step. “All we have is what’s in this room.” Still, Gamino was among only a dozen people at the Bakersfield meeting called by Marriage Equality USA who supported waiting until 2012. The sentiment for a vote next year echoed one at a similar gathering in San Francisco, while gatherings in liberal bastions such as Oakland and Berkeley leaned toward 2012. “The reaction was really mixed,” said Pam Brown, Marriage Equality USA’s political director, who compiled information from the organization’s “Get Engaged” tour of 40 California cities over the past several weeks. “A lot of people who wanted to wait until 2012 wanted to see what the plan was first before they committed.” A nonbinding straw poll of leaders gathered Saturday in San Bernardino to plan the movement’s next step found that 93 people voted to go in 2010, 49 in 2012 and 20 were undecided. Organizers expect to officially decide when to return to the ballot in a couple of weeks. If they decide on November 2010, the deadline to have ballot language submitted to the attorney general is Sept. 25. This month, several groups of same-sex marriage supporters said not enough has been done to address the faults of last year’s campaign in time to mount a winning drive next year.Churches’ influence
Faults not addressed
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Will John Travolta Renounce The Church Of Scientology?
There’s a rumor going around that one of Scientology’s most powerful proponents, John Travolta, is looking to leave the draconian religion once and for all. After the year he’s had, it would make sense.
According to the Daily Mail – who rounded up some interesting quotes on the matter – it appears to be a very real possibility. To say Travolta’s had a rough go of it recently would be putting it very, very lightly.
On the business side of things, Travolta’s big role this year performed under studio expectations. An complete aside, when you consider his personal life:
His son Jett – reportedly autistic, a diagnosis the Church of Scientology refuses to dignify – passed away earlier this year. Travolta defied Scientology and acknowledged it. Some sleazy gossip website put together a theory that enlists the idea of Travolta not only having a gay lover, but the gay lover – his son’s nanny – being a primary cause of his son’s death. Which is besides the fact that someone tried to extort him over documents involved in his son’s transportation, and his wife might’ve tried (successfully) to get Roger Friedman fired by going to the top brass at Fox over Friedman’s comments on Scientology.
See Will John Travolta Renounce The Church Of Scientology?
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Swedish lesbians suck sperm banks dry
Sweden’s fertility clinics are racking up a serious backlog of people waiting for artificial insemination, due in part to a “spike” in demand from lesbian couples for vital supplies of man juice.
So bad have things got that expectant customers at Sahlgrenska University Hospital in Gothenburg are now forced to wait 18 months for treatment.
See Swedish lesbians suck sperm banks dry
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