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.
Harry Potter speaks for gay suicide prevention
(New York) Daniel Radcliffe is explaining why he has just filmed a public service announcement for The Trevor Project, the leading organization focusing on suicide prevention efforts among gay, lesbian, bisexual and transgendered youth.
Because his parents were both actors, “I grew up knowing a lot of gay men and it …
‘Glee’ cast joyful over Globe nods
(Los Angeles) The mood on the set was, appropriately, gleeful.
The musical-dramedy “Glee” got some serious Golden Globe love Tuesday, emerging with more nominations than any show. Among the Fox series’ four nominations is Best Television Series – Comedy or Musical.
On the Paramount Studios lot, where “Glee” is filmed, the show’s …
IDs of gay partnership foes could be released next week
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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Chicago HIV report sparks reaction
The Chicago Public Health Department’s alarming report, released Friday, that suggests the HIV infection rate among gay men in Chicago is nearly 20% has drawn varied responses from Chicago’s gay and lesbian community.
ChicagoPride.com surveyed a number of gay men on a busy Saturday night in Boystown.
From Waveland to Buckingham, the responses were varied with one common undertone that gay men no longer think HIV is a death sentence. And despite extensive media coverage on the recently release report, many were unaware of the report and its contents.
“I’m not at all surprised by these statistics.” Said thirty-something Al joined by Jared and Jamie outside of the Center on Halsted. “The fact that a lot of our own community members are not aware of their status is probably because of their fear of knowing.”
“We are very closeted in the U.S. regarding educating our youth,” added Jaime.
Some do not believe the numbers and conclusions published in the report.
“You can work the numbers however you want,” said Matthew a bartender at Buck’s. See Chicago HIV report sparks reaction
ChicagoPride.com –
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Should Proposition 8 recall be put to voters in 2010?
Marriage-equality advocates are split about the timing of a ballot question to overturn the California’s Proposition 8 constitutional marriage ban. Some major backers, including David Bohnett, believe it’s better to postpone a possible 2010 vote rather than risk another defeat. But an informal poll of leaders affiliated with the Courage Campaign shows support for putting the repeal question on next year’s ballot. The deadline to file the question with the state attorney general is Sept. 25. The New York Times (7/26) , San Francisco Chronicle/Politics blog (7/25)
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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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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?
Gawker
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Daniel Radcliffe graces the August 2009 cover of the UK’s biggest gay magazine
Harry Potter himself, newly 20 year old Daniel Radcliffe graces the August 2009 cover of Attitude Magazine, the UK’s biggest gay magazine. Aside from lending his magical good looks to the cover, Daniel sat down for an interview, where he talked a lot of politics with the mag.
He said that he’s not a fan of the Conservative or New Labour parties. At only 20 years old, Daniel is not yet old enough to vote, but says that next year he will cast his ballot for Nick Clegg of the Liberal Democrat party. On voting turnout, he said: see Daniel Radcliffe Attitude Magazine
Right Celebrity
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