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.
Cardinal: Catholic schools welcome kids of gays – but priest made OK call
(Boston) Boston Cardinal Sean O’Malley on Wednesday defended a priest who denied admission to a parish school to a gay couple’s child, calling it a pastoral decision and saying the priest had his “full confidence and support.”
O’Malley’s comments on his blog were his first public remarks about the decision earlier this month by St. Paul Elementary School in Hingham to rescind the boy’s acceptance because his parents are lesbians.
A parent of the boy said the Rev. James Rafferty, the parish priest at St. Paul’s, said her relationship was “in discord” with church teachings, which sees marriage as only between a man and a woman. She said the principal told her teachers wouldn’t be prepared to handle the boy’s questions when he realized the church’s view of family conflicted with what he saw at home. The parent spoke to The Associated Press but asked not to be named to protect the welfare of the child.
The decision prompted calls for O’Malley to intervene. The Catholic Schools Foundation, which O’Malley chairs, said the decision was at odds with Gospel teaching, and it wouldn’t fund schools that made similar decisions.
The archdiocese’s head of education later called the parent, apologized and offered to help the 8-year-old enroll in another Catholic school.
O’Malley said Rafferty had come under “undue criticism” for the decision.
“He made a decision about the admission of the child to St. Paul School based on his pastoral concern for the child,” O’Malley wrote. “I can attest personally that Father Rafferty would never exclude a child to sanction the child’s parents.”
The archdiocese said it is creating a policy to clarify its schools don’t bar children with same-sex parents.
“It is true that we welcome people from all walks of life,” O’Malley wrote. “But we recognize that, regardless of the circumstances involved, we maintain our responsibility to teach the truths of our faith, including those concerning sexual morality and marriage.”
O’Malley began his post with a recollection about meeting the young daughter of a murdered woman who had run a brothel while he was bishop in the West Indies. He said the woman’s daughter had left public school because she was being badly taunted, and he immediately directed that the girl be admitted to the local Catholic school.
“Catholic schools exist for the good of the children and our admission standards must reflect that,” he wrote. “We have never had categories of people who were excluded.”
The Hingham case was similar to a situation in Boulder, Colo., in which a Catholic school said two children of lesbian parents could not re-enroll because of their parents’ sexual orientation, and the Denver Archdiocese backed the decision.
“It is clear that all of their school policies (in Denver) are intended to foster the welfare of the children and fidelity to the mission of the Church,” O’Malley wrote. “Their positions and rationale must be seriously considered.”
‘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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Metro is playing catch-up, say supporters of gay protections
The argument that protecting Metro government’s gay employees would force the private sector to follow suit is all backward, supporters of a new anti-discrimination measure say.
Around the country, 90 percent of Fortune 500 companies’ anti-discrimination policies include sexual orientation or gender identity. In Nashville, some of the city’s largest private employers — http://www.vanderbilt.edu/“>Vanderbilt University and http://www.hcahealthcare.com/“>Hospital Corporation of America — put similar policies into place.
Against that landscape, the new measure’s supporters say, it should have a better chance of passage than a similar one proposed in 2003. But opponents say following the private-sector pack isn’t the way to go.
“Just because someone else does something doesn’t mean it’s right, and we learned that when we all took off from kindergarten,” said David Fowler, a former state senator and president of the http://www.factn.org/“>Family Action Council of Tennessee. “So unless we are going to act like lemmings and just blindly do what everybody else is doing, we need to stop and think before we make this a law.”
The city already has protections based on race, sex, religious affiliation and national origin in place, Fowler said, and protection based on sexuality is incongruous. He also said such a law could expose the city to lawsuits by people who feel it was broken.
See Metro is playing catch-up, say supporters of gay protections
The Tennessean
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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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Gay partnership foes turn in referendum signatures
Opponents of a measure that passed the Legislature this year giving same-sex domestic partners all the rights of married people turned in signatures to the secretary of state’s office Saturday in attempt to overturn the new law through a citizen referendum.
Referendum 71 needs 120,577 valid voter signatures to qualify for the fall ballot. Exactly how many signatures the R-71 camp turned in Saturday wasn’t immediately clear. The secretary of state’s office said it received the first batch a little after 3 p.m. Saturday.
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.
He said Saturday that R-71 backers were cutting it very close.
“They’re definitely running on fumes, in terms of trying to get their pad,” Ammons said.
The process of counting and verifying the signatures could go until the last week of August.
If R-71 proponents don’t have enough signatures, the domestic partnership expansion will immediately take effect. If the measure does qualify, voters will be asked to either approve or reject the new law.
See Gay partnership foes turn in referendum signatures
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Human Rights Campaign PAC, Gay & Lesbian Victory Fund Endorse Anthony Woods For U.S. Congress
The Human Rights Campaign PAC, the nation’s largest lesbian, gay, bisexual and transgender civil rights organization, and the Gay & Lesbian Victory Fund, which works to grow the number of openly LGBT elected officials across the U.S., announced today the endorsement of Anthony Woods for U.S. Congress. Woods, who is running in the September 1 Special Election for California’s 10th Congressional District, earned the Bronze Star after serving two tours in Iraq in the U.S. Army. He was honorably discharged after challenging the military’s “Don’t Ask, Don’t Tell” law.
“The Human Rights Campaign is proud to endorse Anthony Woods, a veteran of the Iraq war and steadfast advocate for our community, to become the next U.S. Congressman from California’s 10th district,” said Human Rights Campaign President Joe Solmonese. “Anthony hasn’t just shown his support on issues of LGBT equality, he’s lived them — especially the repeal of ‘Don’t Ask, Don’t Tell.’ Anthony’s support of marriage equality will also be important as we work to repeal Proposition 8, which stripped marriage rights away for California’s same-sex couples. There is no doubt that Anthony will be a role model for LGBT youth, and we applaud his continuing service to our country.”
“Anthony Woods is an exciting candidate with a tremendous record of accomplishment. He’s also running an impressive campaign. Anthony has assembled a solid campaign team that understands what it will take to win this extremely competitive race. We need more leaders like Anthony Woods in the U.S. Congress, so we are proud to endorse him,” said Chuck Wolfe, president of the Gay & Lesbian Victory Fund. “His will be an authentic voice not only for the people of California’s 10th Congressional District, but for the millions of Americans for whom the promise of equality remains unfulfilled.”
“I am honored and proud to earn the support of Human Rights Campaign and the Gay & Lesbian Victory Fund,” said Anthony Woods, candidate for California’s 10th Congressional District. “They’re working to make sure America lives up to its promise of equality under the law, which is something I’ll fight for in Congress.”
Anthony Woods was born and raised in Fairfield, California. He is a graduate of West Point and earned his masters degree from the Kennedy School of Government at Harvard University. In addition to his years of service in the Army, Woods has worked on economic policy issues in both the public and private sectors. To learn more visit: www.AnthonyWoodsForCongress.com.
The Human Rights Campaign is America’s largest civil rights organization working to achieve lesbian, gay, bisexual and transgender equality. By inspiring and engaging all Americans, HRC strives to end discrimination against LGBT citizens and realize a nation that achieves fundamental fairness and equality for all.
The Gay & Lesbian Victory Fund is the only national organization dedicated to increasing the number of openly LGBT elected officials at all levels of government in the U.S.
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NYC Prep: PC Bares It All as Gay Rumors Spread
Among all the cast members of NYC Prep , I’ve always been puzzled about PC. Aside from being the most notorious and flashy, he seems to be struggling with something —something that I’ve been trying to hold back until various other websites have reported it as well. Word on the street is that PC is gay!
I guess it all started in the first episode, where viewers were introduced to PC as someone obsessed with fashion and shopping. On top of that, viewers also learned that he has several effeminate mannerisms. While these things make PC potentially gay, that might not be enough to prove that he is. However, as NYC Prep heads further into the season, it seems that more and more viewers are getting convinced. See NYC Prep: PC Bares It All as Gay Rumors Spread
BuddyTV
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Conservatives reject funding for Montreal gay festival
A gay and lesbian arts festival that was told it met all government criteria under a new tourism stimulus program learned Tuesday it was rejected for funding.
The news arrived at Montreal’s Divers-Cite a few weeks after tension swept the Conservative caucus over funding for Toronto’s Pride week, and just days before the beginning of the event.
The directors of Montreal’s Divers-Cite had actually sprung to the defence of Stephen Harper’s government earlier this month, telling The Canadian Press that the Conservatives had never treated them differently. Some in the gay community attacked them for their comments.
They had submitted a bid under the new Marquee Tourism Events Program for $155,000 to add performers and promotion to this year’s $2-million event.
Government relations and marketing director Paul Girard said bureaucrats handling his file at Industry Canada told him his application met all the criteria, and had been sent up to Minister Tony Clement’s office for final approval.
When he phoned to check on the bid Tuesday, Mr. Girard says he was told by a senior bureaucrat that the $100-million program had received so many requests, the government simply had to make a choice.
“We knew that anybody that was to be refused and didn’t meet the criteria got a quick No,” Mr. Girard said. “As time advanced, we became more and more confident.”
Paul’s sister Suzanne, the festival’s director, says the organization was completely shocked by the response. Divers-Cite has received funding from Economic Development Canada for several years, as well as Canadian Heritage.
See Conservatives reject funding for Montreal gay festival
Globe and Mail
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In UK RC Church rejects gay parents claims
The Roman Catholic Church has reacted angrily to comments endorsing gay parenthood from a charity with strong links to the Church.
Terry Prendergast of Marriage Care, which is partly funded by the Church, said there was no evidence children were harmed by having same-sex parents.
But the organisation representing Catholic bishops said children need parental role models of both genders.
It said Mr Prendergast, a former priest who has since married, was wrong.
Mr Prendergast made his comments to a gathering of gay Roman Catholics in Leicester.
He told the audience at the Quest conference that same-sex families, along with single and cohabiting parents, suffered discrimination and denigration because they fell short of the Vatican’s definition of what constituted a real family.
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 The views expressed by Terry Prendergast about the definition of family and marriage are clearly not a reflection of the Church’s teaching, nor those of the Bishops’ Conference  Catholic Bishops’ Conference
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Instead, he said, they should be held up as role models and an advert for Catholicism.
Mr Prendergast also claimed that there was no evidence to show that children of same-sex parents suffered in any way, and that the elements that made for successful child-rearing were stable relationships.
But the Catholic Bishops Conference of England and Wales has insisted that Mr Prendergast is wrong.
Pastoral response
In a statement, the organisation acknowledged that although it was difficult to define what a family was, the Church still believed that stability for children came from having parents of opposite genders who could provide different role models.
See Church rejects gay parents claims
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