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.

Militias target some Iraqis for being gay

BAGHDAD — The young man turns to the camera and pleads with his tormentors.

“I’m not a terrorist,” he tells the Iraqi police who surround him. “I want you to know I am different. But I am not a terrorist.”

To some fundamentalist Iraqi Muslims, Ahmed Sadoun Saleh was worse than a terrorist.

He was gay. He wore his hair long and took female hormones to grow breasts. Amused by his appearance, Iraqi police officers stopped him in December at a checkpoint in a southern Baghdad neighborhood dominated by radical Shiite militias. They groped Saleh and ridiculed him.

The assault was captured on video and circulated on cellphones throughout Baghdad, says Ali Hili, founder of London-based Iraqi LGBT, a group dedicated to protecting Iraq’s gays and lesbians. Shortly after the video was made public, Hili says Saleh contacted him, fearing for his life, and asked for his help to flee Iraq.

“Unfortunately, it was too late,” Hili says. Saleh turned up dead two months later, he says.

At least 82 gay men have been killed in Iraq since December, according to Iraqi LGBT. The violence has raised questions about the Iraqi government’s ability to protect a diverse range of vulnerable minority groups that also includes Christians and Kurds, especially following the withdrawal of U.S. combat troops from Iraqi cities last month.

Mithal al-Alusi, a secular, liberal Sunni legislator, is among those who blame the killings on armed militant groups such as al-Qaeda and the Mahdi Army militia.

See Militias target some Iraqis for being gay

USA Today

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IDs of gay partnership foes could be released next week

Order: Gay partnership foe names don’t have to be released

The names of people who signed petitions seeking to overturn Washington’s “everything but marriage” same-sex domestic partner law won’t be released publicly following a federal judge’s temporary restraining order.

Sponsors of Referendum 71 went to U.S. District Court in Tacoma Wednesday seeking the order. U.S. District Judge Benjamin Settle has set a full hearing on the matter for Sept. 3.

The names of everyone who signed Referendum-71 petitions are publicly available under open-government laws. A gay-rights group says it wants to post all the names online. But the R-71 campaign says that could lead to harassment.

Nick Handy, state elections director, said in a statement: “Referendum petitions become public records under the law once they have been turned over to us by sponsors. Our consistent practice has been to make these available upon public request. By early next week we will be in a position to make these available, and absent a court order, our intent has been to respond to public records requests in a timely way.”

Backers of R-71 turned in about 138,000 signatures Saturday. They need 120,577 valid voter signatures to qualify for the fall ballot.

Election officials suggest submitting about 150,000 signatures to offset any invalid signatures. Dave Ammons, spokesman for the secretary of state’s office, said usually about 18 percent of signatures checked turn out to be invalid.

The process of counting and verifying the signatures could go until the last week of August.

See IDs of gay partnership foes could be released next week Seattle Post Intelligencer

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Wash. gay partnership foes try to shield signers

State officials won’t resist a temporary restraining order that would block public release of petition signatures for a gay-partnership referendum.

The case centers on Referendum 71, which would ask voters to approve or reject expanded partnership rights for gay couples.

The names of everyone who signed R-71 petitions are publicly available under open-government laws.

A gay-rights group is planning to post all the names online, so partnership supporters can talk to those people about the referendum.

But the R-71 campaign says that could lead to harassment. So they’re asking a federal judge to keep the petitions secret, until they can make their argument in court.

See Wash. gay partnership foes try to shield signers

Seattle Times

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Pro-gay marriage group spent big in Vermont

Vermont Freedom to Marry says it spent more than $293,000 lobbying lawmakers and the public on the same-sex marriage bill that was approved by the Legislature, far outspending its opponents.

In lobbyist disclosure forms filed Monday with the Vermont Secretary of State’s office, the pro-gay marriage group reported spending about $65,000 between April 1 and June 30 — some of it in the week leading up to the Legislature’s April 7 vote.

Take It to The People, which opposed the measure, spent about $10,000 altogether but none in the reporting period.

See Pro-gay marriage group spent big in Vermont Boston Herald

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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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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 14^th 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.

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A Brutal Gay-Bashing In ptown

Andrew Sullivan reports: “I was shocked tonight to bump into a new friend, Mark, hobbling down the street. I was about to make a joke as I rode up behind him on my bike and then saw his face. It was a blur of blood and bruises. Friday night, he was leaving the Atlantic House – an historic gay pub in Ptown – when a group of three local kids hiding in an alley-way to target gays threw a bottle at his face and called him a faggot. He threw the bottle back and then they set upon him. He’s not a slight guy, he’s strong and built and bearded. But he was clearly reeling from the assault and will return to the hospital tomorrow. The cops apparently responded heroically and after a chase captured the assailants.” See A Brutal Gay-Bashing In ptown

Atlantic Online

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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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Oregon trans mayor receives complaints for short skirt

A group has filed a complaint against the first openly transgender U.S. mayor, Mayor Stu Rasmussen, for violating the Silverton, Ore. City council’s dress code.

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