Gay advocacy groups press Obama

Gay advocacy groups, disenchanted by President Obama’s inaction so far on campaign promises on their issues, are launching a campaign to get his administration to take a stand on the federal anti-gay marriage law.

The first federal lawsuit against a key section of the Defense Of Marriage Act was filed on last month by Gay & Lesbian Advocates & Defenders on behalf of eight same-sex married couples and three surviving spouses from Massachusetts. Obama’s Department of Justice until the week of June 22 to respond.

During his campaign, Obama promised to seek a repeal of the act, which allows states to not recognize gay marriages from other states. White House spokesman Robert Gibbs reiterated the president’s position last month. He opposes gay marriage, but does support civil unions and equal treatment for gays. In recent weeks, New Hampshire and Vermont have moved to join Massachusetts in legalizing gay marriage.

In the grassroots effort, organizers are asking participants to print out a “flip flop card” with the statement, “President Obama, please don’t flip flop on DOMA!” and mail it to the White House.

“President Obama, the defense of this discriminatory and archaic law will be tantamount to nothing short of a flip flop from your previously stated intentions. We’re asking you Mr. President, to take a principled stand for equality under the law and be the bold leader that we voted into office,” Paul Sousa, who leads the Boston-based Equal Rep, said in a statement.

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Miami hospital kept woman from dying partner’s bedside

The gay marriage debate has earned a lot of headlines in the last year, but here’s a story in our own backyard that shows the kind of struggles people face when they have no legal claim to their partner.

The New York Times reports Janice Langbehn of Washington was unable to be by the bedside of her dying partner of 18 years, Lisa Pond. During a Florida vacation, Pond collapsed with an aneurysm and was taken to Jackson Memorial Hospital trauma center, where doctors refused to let Langbehn visit her. Pond died without seeing Langbehn or the couple’s three adopted children.

Gay rights groups, who say same-sex partners often are barred from hospital rooms because they aren’t “real family,” are watching the federal lawsuit in Florida, according to the New York Times.

See Miami hospital kept woman from dying partner’s bedside Vero Beach Press-Journal (subscription)

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Lambda Legal Files Federal Lawsuit Against Assisted Living Facility Following Eviction of HIV-Positive Retired Minister

‘They shunned and rejected him, making him feel like a complete outcast.’

(Little Rock, Ark.) — Lambda Legal announced today that it has filed suit in U.S. District Court for the Eastern District of Arkansas against Fox Ridge of North Little Rock, an assisted living facility.

The lawsuit was filed on behalf of 75-year-old Reverend Dr. Robert Franke, a retired university provost and Unitarian-Universalist minister, and his daughter, Sara Franke Bowling.

Dr. Franke, who relocated to Little Rock to be closer to his daughter, moved in to Fox Ridge after fulfilling all of its residency requirements — including submission of medical evaluation forms from a local physician. The next day, however — after realizing Dr. Franke is HIV-positive —Fox Ridge officials abruptly ejected Dr. Franke from the facility. A Fox Ridge staffer told Bowling her father’s personal belongings could remain, but that the “body” had to be out by the end of the day.

“I was stunned that my dad was thrown out of his new home,” said Bowling. “The people at Fox Ridge were supposed to make sure that he was comfortable and cared for, and instead they shunned and rejected him, making him feel like a complete outcast.”

Dr. Franke requires no special medical attention beyond daily medication and regular check-ups with a physician, and Fox Ridge is licensed by the state to provide Dr. Franke with the kind of care he and his daughter were seeking for him.

“Federal and state laws exist to protect people from just this sort of unjust treatment,” said Scott Schoettes, HIV Project staff attorney for Lambda Legal. “Unfortunately, this is something we are seeing far too frequently, all across the country. Those tasked with caring for our elderly loved ones need to know that it is illegal to discriminate against someone with HIV based on outdated and misguided beliefs about its transmission.”

Franke and Bowling are seeking damages under the Fair Housing Act, the Arkansas Civil Rights Act and the Arkansas Fair Housing Act, as well as an injunction, under those laws and the Americans with Disabilities Act, preventing Fox Ridge from continuing to engage in this kind of conduct.

“This is about doing the right thing,” said Franke. “I want to make sure it doesn’t happen to anyone else — because no one should ever be made to feel the way I did.”

Scott Schoettes, HIV Project Staff Attorney, and Kenneth Upton, Supervising Senior Staff Attorney, are handling the case for Lambda Legal. They are joined by co-counsel Gary L. Sullivan of the Tripcony Law Firm in Little Rock, Arkansas. The case is Robert G. Franke and Sara Franke Bowling v. Parkstone Living Center, Inc., dba Fox Ridge at North Little Rock.

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Suit filed to block public school graduation at church

(Washington) A federal lawsuit has been filed to block a Wisconsin public school district from holding graduation ceremonies in the sanctuary of an evangelical church.

The suit was filed by Americans United for Separation of Church and State on behalf of a graduating …

Justice Department not taking stand on appeal of gay officer’s firing

Calling it a “procedural decision,” the U.S. Justice Department is staying out of a federal lawsuit challenging the dismissal of an Air Force officer under the military gay ban being reviewed by a federal court. Former Air Force Maj. Margaret Witt’s case was dismissed by a federal judge, but is now being reconsidered by order of the 9th U.S. Circuit Court of Appeals. Washington Blade * Tags = gay men gay news lesbian news transgender bisexual

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NY school sued by Lambda Legal agrees to GSA

(Philadelphia, New York) Just days after a federal lawsuit was filed against the Indian River Central School District, the District has agreed to allow Ashley Petranchuk to form a Gay-Straight Alliance.

The suit, filed last week, claimed that Charlie Pratt endured years of anti-gay harassment during his time at Indian River …

Lawsuit: Anti-gay bullying led to son’s death

(Mentor, Ohio) The parents of an Ohio High School student say their son would be alive today if the school had prevented bullies from tormenting him.

In a federal lawsuit the parents of Eric Mohat allege that he regularly was called ‘gay,’ ‘fag,’ ‘queer’ and ‘homo’ among other names and that …

Lambda Legal and ARCW File Federal Lawsuit on Behalf of HIV Positive Woman Denied Surgery by Healthcare Provider

(Milwaukee, WI, February 12, 2009) — Lambda Legal and the AIDS Resource Center of Wisconsin (ARCW) filed a federal lawsuit today in the US District Court for the Eastern District of Wisconsin on behalf of Melody Rose, a 35-year-old Wisconsin woman who was denied surgery to remove her gallbladder because she has HIV.
“Discrimination in healthcare remains a major problem for people living with HIV,” said Peter Kimball, Director of the Legal Services Program at the AIDS Resource Center of Wisconsin (ARCW). “In violation of both federal and Wisconsin law, Dr. Steven Cahee refused to provide needed medical treatment to our client, Melody Rose.”
Lambda Legal and ARCW represent Melody Rose who experienced health problems with her gallbladder while incarcerated at Taycheedah Correctional Institution in Fond du Lac. Ultimately, her physician referred her to Dr. Steven Cahee at the Fond du Lac Regional Hospital to have her gall bladder removed.
However, Dr. Cahee refused to perform the surgery after learning Ms. Rose is HIV-positive. Some time thereafter, a surgeon at a different medical facility removed Ms. Rose’s gallbladder in a laprascopic procedure, which is considered routine surgery.
“Dr. Cahee’s actions fly in the face of ethical behavior for a medical professional,” said Scott Schoettes, Staff Attorney with Lambda Legal’s HIV Project. “Long ago, the Centers for Disease Control and Prevention established that using universal precautions — which are required in all sorts of medical situations, including surgeries — makes it extremely unlikely for the virus to be transmitted in this setting.”
The complaint filed today alleges that the defendants –- Steven M. Cahee, M.D., Agnesian HealthCare, Inc., and Fond du Lac Regional Clinic, S.C., violated four different state and federal laws. The complaint alleges that the defendants violated the Americans with Disabilities Act (ADA) and its state law counterpart, which both prohibit disability discrimination by places of public accommodation (including healthcare providers); the Rehabilitation Act, which requires recipients of federal financial assistance not to discriminate against people with disabilities; and a Wisconsin law addressing HIV discrimination specifically, which forbids healthcare providers from denying services to people (or humiliating and degrading them) based solely on their HIV status.
The case is Rose v. Cahee, et al.
Scott Schoettes, HIV Project Staff Attorney, is handling the case for Lambda Legal. He is joined by co-counsel Peter Kimball, of AIDS Resource Center of Wisconsin.

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HIV positive woman sues, alleging she was denied surgery

(Milwaukee, Wisconsin) A federal lawsuit was filed Thursday by a Wisconsin woman who alleges she was denied surgery to remove her gallbladder because she has HIV.

Melody Rose, 35, is represented by Lambda Legal and the AIDS Resource Center of Wisconsin. The lawsuit names Dr. Steven Cahee, Agnesian HealthCare, Inc., and …

Equality California Remembers Lawrence King One Year after the Teen’s Shooting Death

SAN FRANCISCO – Equality California honors and remembers the life of Lawrence King, a gay junior high school student from Oxnard, CA, who was shot in the head one-year-ago by his classmate at E.O. Green Junior High School. The 15-year-old died of his injuries last February 13.

Brandon McInerney, King’s shooter, is being tried on first-degree murder and a hate crimes charge. According to reports from friends of Lawrence King, who self-identified as gay, King sometimes wore make-up and feminine jewelry and was the target of ridicule by some of his classmates.

Last year, EQCA sponsored AB 3015 (Brownley), the Foster Youth School Education Act, which was introduced to better protect LGBT foster youth like Larry from violence at school and was signed into law by Governor Schwarzenegger.

“As we remember the tragic, senseless killing of Lawrence King, we must continue to take the appropriate steps to ensure that no one else becomes a victim to homophobia in our schools,” said Geoff Kors, executive director for Equality California. “On the anniversary of this tragedy, we stand committed to defending safe schools laws that EQCA lobbied to enact to prevent any young person from being bullied, harassed or worse because of their sexual orientation or gender identity and expression.”

Equality California-sponsored legislation, the Student’s Civil Rights Act, SB 777 (Kuehl), which was implemented in 2008 and reinforces existing prohibitions of discrimination in publicly funded schools and activities, including discrimination based on religion, race, disability, gender and sexual orientation, has been challenged by a failed referendum and an ongoing federal lawsuit.

EQCA works to achieve equality and secure legal protections for LGBT people. To improve the lives of LGBT Californians, EQCA sponsors legislation and coordinates efforts to ensure its passage, lobbies legislators and other policy makers, builds coalitions, develops community strength and empowers individuals and other organizations to engage in the political process. www.eqca.org