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.

Two gay softball players file report of hate crime

Two members of an Austin, Texas, gay softball team say they were victims of a hate crime late Friday night.

Two members of Softball Austin, Matt Morgan and Emmanuel Winston, filed a complaint with the Austin Police Department after they said a group of men beat them and yelled slurs at …

Muslim team banned after refusing to play gay team

(Paris) A soccer club was permanently banned from the French amateur league on Wednesday after refusing to play a match against a gay team.

Last week, Paris Foot Gay said its members were victims of homophobia when Creteil Bebel, a team of Muslim players, refused to play them this month.

The French …

French gay soccer team snubbed by Muslim team

(Paris) A French gay soccer team says its members were victims of homophobia when a team of Muslim players refused to play a match against them.

The Paris Foot Gay team says Tuesday it received an e-mail from the Creteil Bebel club canceling a match scheduled for last Sunday.

“Because of the …

Human Rights Campaign Calls on the LGBT Community and Allies to Participate in National, Grassroots Push to Lobby Congress Face-to-Face

The Human Rights Campaign, the nation’s largest lesbian, gay, bisexual and transgender (LGBT) civil rights organization, today launched a national, grassroots campaign called “No Excuses” to demand action from Congress on key issues of equality. Designed to take advantage of the congressional summer recess, when members are in their local offices and meeting with constituents, “No Excuses” will mobilize HRC’s 750,000 members and their allies to meet directly with lawmakers and push for federal legislative change. Members and supporters can get involved by visiting: http://noexcuses.hrc.org.

“While we salute and acknowledge the heroic members of Congress who have worked tirelessly on our behalf, far too many have dragged their feet on basic matters of fairness and equality that have lingered too long and hurt too many LGBT people and their families,” said Human Rights Campaign President Joe Solmonese. “Yes, there are many challenges facing this Congress and this president. But LGBT people often face additional hardship protecting their families, their loved ones and their jobs, and too few in Congress are willing to champion these issues of basic fairness. Now, more than ever, members of the LGBT community need to make their voices heard face-to-face and in the districts where they live.”

Using innovative online tools, one-on-one trainings and staff and volunteer follow-through, HRC members will press lawmakers to end discrimination in the military, treat all legally married couples equally, pass immigration reform that recognizes and honors LGBT families, outlaw workplace discrimination for LGBT employees, and treat all federal employees’ compensation equally.

The interactive “No Excuses” website allows supporters to download a meeting toolkit, schedule a meeting and report back on how it went. To take action, visit: http://noexcuses.hrc.org.

The in-district meetings will focus on the following key legislative priorities in the 111th Congress:

–Repeal the Defense of Marriage Act (DOMA), which denies legally married lesbian and gay couples more than 1,000 federal protections;

–Prohibit workplace discrimination for the LGBT community by passing an inclusive Employment Non-Discrimination Act (ENDA);

–Repeal “Don’t Ask, Don’t Tell” to ensure that service members who contribute to our nation’s security are no longer summarily discharged for who they are;

–Pass immigration reform that recognizes permanent same-sex couples and ends the painful separation of families;

–And provide health benefits equally to the nearly 3 million federal government employees, including same-sex domestic partners.

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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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‘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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Diocese of Niagara to offer same-sex blessings

As of Sept. 1, the diocese of Niagara will allow its priests to bless same-gender couples who have been civilly married.

Niagara becomes the second diocese in the Anglican Church of Canada, after the Vancouver-based New Westminster, to offer a sacrament for same-sex blessings. (The diocese of New Westminster, which allowed same-sex blessings in 2002, currently limits the rite to eight parishes.) The issue of same-sex blessings continues to deeply divide Anglicans in Canada as well as worldwide.

“The Niagara Rite is intended for the voluntary use of priests who wish to offer a sacrament of blessing regardless of the gender of the civilly married persons…” the diocese of Niagara said on its Web site, www.niagara.anglican.ca

The rite may also be used for the blessing or renewal of vows for couples “celebrating a significant moment in their married life together,” said an introduction to the Niagara Rite.
The approval of the rite came five years after the diocesan synod of Niagara passed a motion allowing civilly-married gay couples, “where at least one party is baptized,” to receive a church blessing. The diocesan bishop at that time, Ralph Spence, had refused to implement the motion. In January 2008, a similar motion was approved by Niagara’s diocesan synod, and this time, Bishop Spence gave his approval, but said he reserved the right to determine when the same-sex blessings would move forward.

Last fall, Bishop Spence’s successor, Michael Bird, informed a meeting of the Canadian house of bishops that he intended to develop the rite, saying, “I believe we are among those who have been called by God to speak with a prophetic voice on this subject.”

Under a list of protocols outlined by Bishop Bird, a cleric who wishes to offer the Niagara Rite must contact the bishop’s office “so that a conversation can take place between the bishop and the cleric involved.” The cleric is expected to provide details about the couple the cleric intends to bless “and should be prepared to have a conversation about the response of the parish to the blessings,” the list added. “A date for such a blessing should not be confirmed with the couple until after this conversation with the bishop has taken place.”

A parish is not required to get the approval of its vestry before it can offer such blessings.

Two other dioceses – Montreal and Ottawa – have also informed the house of bishops about their intention to move ahead with same-sex blessings. At that meeting, the house of bishops issued a statement saying that a “large majority” of its members could affirm “a continued commitment to the greatest extent possible” to a moratorium on the blessing of same-sex unions. But it acknowledged that the moratorium, which had been sought by the Archbishop of Canterbury and the primates of the Anglican Communion, would be difficult for some dioceses “that in confidence have made decisions on these matters.”

The issue of whether dioceses can offer same-sex blessings is likely to be revisited at the 2010 meeting of General Synod, the governing body of the Anglican Church of Canada. In 2007, General Synod had agreed that blessing rites for gay couples are “not in conflict” with core church doctrine, but refused to affirm the authority of dioceses to offer them. General Synod delegates had also voted to study revising the marriage canon (church law) to allow priests to marry all legally qualified persons. Marriage for gay people has been legal in Canada since 2005.
Last spring, Council of General Synod (CoGS), the church’s governing body in between General Synod meetings, decided not to ask General Synod 2010 to amend the marriage canon to allow for the marriage of same-sex couples. The decision was made after the faith, worship and ministry committee, which was asked by CoGS to prepare “a theological rationale to allow for the marriage of all legally qualified persons,” said that it found the request problematic. Janet Marshall, committee chair, told CoGS that some members felt uncomfortable about being asked to create a rationale for only one side of the argument.

See Diocese of Niagara to offer same-sex blessings

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Pastor, D.C. Church Offer Gay African Americans A Message of Acceptance and Responsibility

In the middle of a sermon, Bishop Rainey Cheeks felt his medicine bottle bulging in his pocket and realized he hadn’t taken his pills. He paused in the pulpit and faced the congregation in his tiny storefront church.

“Excuse me,” Cheeks remembers telling his parishioners last year as he poured three pills into his hand. “This is my HIV medicine. I’m going to take it now.”

As he washed down the pills with water, Cheeks saw some members staring with wide eyes. Everybody knew that their pastor, an imposing man with flowing dreadlocks who once competed in taekwondo championships, is gay. But not everyone knew that he is HIV-positive.

“Go ahead, Rev,” a few congregants urged. But most shrugged and waited for the bishop to swallow and get on with delivering the good word.

Inner Light Ministries in the District’s H Street corridor might seem like a traditional black church, with fiery sermons, electric gospel music, a soulful choir and a congregation that sways and claps in rhythm. But it is hardly that.

See Pastor, D.C. Church Offer Gay African Americans A Message of Acceptance and Responsibility

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