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.
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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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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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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A political fight over the rights of same-sex…
A political fight over the rights of same-sex couples is drawing nearer in Washington State.
Backers of Referendum 71, who want to overturn a new state same-sex partnership law, have made an appointment to file signatures with state elections officials Saturday afternoon.
Saturday is the deadline to collect 120,577 valid voter signatures and qualify for the Nov. 3 state ballot.
Protect Marriage Washington is the primary backer of R-71. Gary Randall of the allied Faith and Freedom Network said by e-mail: “We are gathering and counting signatures. I think we are making good progress.”
Protect Marriage has raised just more than $20,000 for a campaign that so far has been waged mostly through churches. Randall said the group is not anti-gay but pro-marriage. The group wants voters to reject Senate Bill 5688, the “everything but marriage” legislation that passed this year and adds about 250 rights of marriage for registered same-sex partners in Washington.
Defenders of the new state law, who call themselves Washington Families Standing Together, say they are ready to defend the third round of rights lawmakers added since creating the partners registry in 2007.
See Washington State braces for battle over same-sex rights
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A transgender star sparkles in India’s TV firmament
The neighbourhood is choked with rickshaws, bullock carts, spice stands, saree shops and bangle stalls. It’s India from central casting.
The TV star, not so much. With a long stride and a curvy sashay that sends her chiffon dupatta fluttering around her, Rose Venkatesan emerges from the dust and the crowd, more than ready for her close-up – but with a somewhat anxious air that suggests she is a bit worried about just what that close-up may bring.
Rose is, as she mentions at least once in every conversation, India’s first transgender television star. Once an engineer named Ramesh, she began to transition to female six years ago, to the horror of her conservative family.
Today she is a star, both in India and in the Tamil diaspora, including the large community in Canada. Her first TV talk show had an audience in the tens of millions. She has helped advance the political agenda of transgendered people, typically reviled but recently afforded a rare degree of accommodation by the government in Tamil Nadu. Her second show – which she is producing and directing and writing herself, as well as hosting – has just hit the air and early signs are that it’s a hit too.
Yet Rose, 30, also lives in a strange world of half-acceptance – sharing a home with a family that still calls her Ramesh and forbids her to wear a saree in front of them; hitting the town with her queer friends to flirt and party but insisting on a dark and empty restaurant when she meets a journalist to tell her story. “Weakness is death, strength is life,” she signs every e-mail – but strength, it would seem, can be exhausting.
See A transgender star sparkles in India’s TV firmament
Globe and Mail
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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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San Jose’s Billy DeFrank Center embarks on ambitious fundraising campaign
For 28 years, the Billy DeFrank LGBT Community Center has been the go-to place for Silicon Valley’s diverse gay community. But on Tuesday, interim executive director Paul Wysocki sent out a desperate plea: the DeFrank Center will close its doors unless it raises $50,000 by Sept. 1. “Our government funding has ended, and in today’s economy, we can’t count on corporate support,” read a weekly newsletter that is e-mailed to supporters. “Our current income from memberships and events no longer meets even the most basic level of Center operations.” The DeFrank Center has three main programs: support services for youth, another for seniors, and an HIV/AIDS testing program. But funding for the HIV testing from Santa Clara County and for the senior program from the city of San Jose have dried up as both the county and the city struggle with their own budget deficits. The Center has cut expenses and now has an annual budget of $310,000, down from $800,000 a few years ago. Wysocki became interim executive director four months ago after former executive director Aejaie Sellers and former board President PJ Matarese were ousted amid internal power struggles over the center’s long-term vision and escalating financial problems. “I have a lot of empathy for Barack Obama,” said Wysocki. “You inherit a situation where a lot of things were done poorly.”
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Another “DOMA GOP” politican has zipper trouble: Sen. Paul Stanley Caught in Sex Scandal
Well, it was only a matter of time, wasn’t it? According to authorities, one of our own social conservative Republicans has been caught cheating on his wife, and he was doing it with a young legislative intern. At this juncture, we’re going to resist the temptation to make a joke about family values. That’s getting so old it’s not funny anymore.
Suffice it to say that like John Ensign, Mark Sanford and all the rest on the national stage lately, this one is really rich–with a little homemade porn and a bumbling blackmailer tossed into the story to make it even spicier. Ensnared in Tennessee’s own sex scandal tonight is Sen. Paul Stanley, the wingnut from Germantown who has crusaded to ban gay adoption of children and who once made the really stupid mistake of saying: “When you’re married, there’s a commitment there.”
According to court documents, here’s what happened: Stanley, who is married with two children, was having an affair with his 22-year-old legislative intern, McKensie Morrison. Morrison’s boyfriend, Joel Palmer Watts. 28, discovered a computer memory disc with sexually explicit photographs of Morrison that appeared to have been taken in Stanley’s apartment. Watts then blackmailed Stanley, demanding $10,000 in return for keeping quiet about the senator’s relationship with his intern.
See Sen. Paul Stanley Caught in Sex Scandal
Nashville Scene
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