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.
Withers: Monserrate loses in special election
At least for now Hiram Monserrate [1] is on permanent leave from Albany. The disgraced politician was easily beaten in tonight’s 13th State Senate District special election [2]. With 35 percent of the vote counted, he pulled in 34 percent while Senator elect Jose R. Peralta garnered 60. Republican challenger Robert Beltrani was third with six percent.
We’ve covered the whole Monserrate mess, from the misdemeanor assault conviction of his former girlfriend to his tacit support of anti-gay fliers, so I’ll repeat nothing tonight. It’s good to know this guy is gone from doing the people’s business.
[1] http://www.365gay.com/blog/031610-will-hiram-monserrate-be-gone-after-tonight/
[2] http://www.nytimes.com/2010/03/17/nyregion/17hiram.html
Homosexuals dispel myth of “progressive”
Each year in Germany, from the end of June through August, gay and lesbian rights’ activists celebrate the “Stonewall” uprising – named after a gay bar on Christopher Street in New York, where homosexuals fought back against police brutality in 1969.
Participants in the German parades known as “Christopher Street Day” join other activists around the world who take to the streets to demonstrate gay pride and demand greater freedoms.
Some of those freedoms would include expanded civil rights. In Germany, civil unions, for instance, have been permitted among same-sex couples since 2001, but full marriages are not. Homosexual couples therefore do not enjoy the same rights as married heterosexual couples when it comes to taxes, retirement, civil servant benefits, or adoption law.
For more on gay and lesbian rights and the community in Germany, click on the links below, or listen to this week’s “Living in Germany” program to hear a more personal account of a homosexual civil union.
DW-WORLD.DE
Audios and videos on the topic
See Homosexuals dispel myth of “progressive” Germany Deutsche Welle
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
 |
Original source : http://gay_blog.blogspot.com/2009/07/homosexuals-d…
Gay veteran’s military dismissal puts spotlight on California congressional race
WASHINGTON – Anthony Woods says he grew up without health insurance, struggled to get an education and fought in Iraq, a war he didn’t believe in.
Then he got kicked out of the military for violating its “Don’t Ask, Don’t Tell” policy after telling his commanding officer he was gay.
Woods, a 28-year-old graduate of West Point, figures he has the proper anti-establishment credentials to win an open seat in California’s 10th Congressional District. He’s proud of his lack of political experience, saying experienced politicians haven’t done much good in either Sacramento or Washington.
“If we keep sending experienced career politicians to D.C., nothing’s going to change,” Woods said in an interview.
Woods may be a long shot in the race to replace the retiring Democratic Rep. Ellen Tauscher in the East Bay seat, but his presence assures it will be a high-profile affair. It’s already resulting in national attention.
Woods, a Democrat, is less well-known than his challengers, but his team is banking on the candidate’s compelling life story and his status as an outsider to put him over the top in a splintered field.
See Gay veteran’s military dismissal puts spotlight on California …
Kansas City Star -
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/07/gay-veterans-…
An Exorcism of Hate
A recently posted YouTube video shows church members in southern Connecticut performing an exorcism on a 16-year-old boy in order to remove the “homosexual demons” from his body. The video is horrifying to watch — the church audience screams at the supposed evil spirits as the boy convulses on the ground.
The logic and belief set behind this act are so far beyond my comprehension that it defies comment. What I do find compelling, however, is the church’s response to the uproar that the video created. “We have nothing against homosexuals,” protested the Reverend Patricia McKinney. “I just don’t agree with their lifestyle.” I frequently hear comments such as this from those who oppose equality for homosexuals. These people say they love gay people — they even have gay friends and family! — but it’s unfortunately “against their beliefs” to treat homosexuals equally. This video, however, is a perfect example of how this explanation is a blatant lie.
The phrase “I just don’t agree with,” connotes a mild dislike. I don’t agree with mustard, but I can still enjoy my dinner to the fullest when it’s present at the table. What people such as Reverend McKinney feel toward homosexuals is nothing short of loathing. It is impossible for her to argue she respects gays when she believes that demonic spirits live inside their bodies. She could preach tolerance to her parish every Sunday, but her actions unambiguously declare that being gay is a sinful, satanic state that must be cured. McKinney clearly has something very big against homosexuals, and it’s insulting for her to suggest otherwise.
Politicians are guilty of similar dishonesty, but they tend to be more subtle. A senator who opposes gay marriage shouldn’t be able to say that he’s protecting “family values.” He should say that he believes that gay couples are incapable of raising the kinds of families that our society accepts. A congresswoman who disqualifies a lesbian couple from adopting children should proclaim that two women will irreparably damage a child should their adoption request succeed. It’s the typical political non-speak, but it’s even more damaging when those who say it can claim that they aren’t prejudiced.
Outright homophobia has become socially unacceptable in most circumstances. This is momentous progress from a hatred that had until now been painfully public. But, ironically, this political correctness is now hurting the gay rights movement.
Homophobic people, such as Reverend McKinney, should have to state their beliefs openly, without duplicitous assertions that they “have nothing against homosexuals.” What they should really be saying is that homosexuality is disgusting and perverted — that any person practicing it is a sinner who needs to be saved now before suffering an eternity in Hell. Judging from their comments and actions, that’s what they believe, and they should own up to those principles.
Polls have shown that young people as a whole have a more liberal view regarding homosexuality than their parents. It stands to reason that, as a society, we’re marching on a path towards equality and tolerance for gay people. But I hope this liberalization permeates far deeper than the blatant dishonesty of people such as Reverend McKinney and her congregation. Those of us who actually have nothing against homosexuals — who feel no need to cast the ‘homosexual demons’ from their body— should reject such flagrant duplicity.
See An Exorcism of Hate The Dartmouth
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/07/exorcism-of-h…
A Long Road Traveled
The last time I got as close to the White House as I did this week was many years ago—six years after the Stonewall riots, when I was a 13-year-old National Spelling Bee participant from St. Margaret’s School in Lowell, Mass. We spelling bee kids didn’t make it into the White House that day—we stood outside as first lady Betty Ford spoke to us from a balcony. By then I already knew I was gay. Raised in a staunch Catholic home and taught (and tormented) by nuns, I was certain that an open homosexual (that was the only term I knew back then) could never be allowed inside the White House. I knew nothing of the nascent gay-rights movement—it hadn’t reached Lowell in 1975. All I knew was that that whatever words there were to describe what I was, it would have to be suppressed forever. I assumed that I would have to either become a priest or figure out some other way to hide.
Thankfully, time marched on, and I eventually became a politicized college student rather than a candidate for the priesthood—and ultimately I kicked open my closet door and came out. But I can’t help thinking about that personal history as I replay the reel of yesterday’s visit to the White House in my head. As the executive director of SAGE, an advocacy group for LGBT senior citizens, I was invited, along with some 200 other LGBT leaders, to join the Obamas in commemorating gay pride—which falls this year on the 40th anniversary of the Stonewall riots.
I was accompanied by three SAGE members: a lesbian couple who are 86 and 91, who reminisced about voting for FDR and described Barack Obama as “the most inspiring politician since Adlai Stevenson,” and a Stonewall veteran and founder of the Gay Liberation Front, an activist group formed in the aftermath, who proudly chose his SAGE T shirt over the ties worn by every other man in the room.
Apart from celebrating, we had gone to the White House to make a point: that older people have to be included in the Obama agenda for LGBT progress. And we did what we came to do, with one of our members (the Stonewall vet) even receiving a personal meeting with the president and Mrs. Obama. But as I stood with my partner, in the front row, some five feet from the presidential podium, I realized how intensely personal this experience was for me. I thought about how each member of the SAGE contingent has had our own life’s journey—and each of us was moved deeply and differently by that moment.
See A Long Road Traveled Newsweek
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/07/long-road-tra…
Could Gay Lt. Gov Rumors Be Playing in Favor of Cheating SC Governor?
The bombshell revelation that South Carolina governor Mark Sanford had disappeared to Argentina for a rendezvous with an extramarital romantic interest has failed to elicit calls fro the governor’s resignation from the state’s top officials-in part due to Bauer’s politics, though another factor may also be at work: rumors that the state’s Lieutenant Governor, Andre Bauer, is gay.
Bauer’s sexuality has been a topic of speculation before, most recently when openly lesbian South Carolina politician Linda Ketner, a failed candidate for one of the state’s congressional seats, “outed” several state officials, including Bauer, igniting a controversy about airing and repeating such allegations publicly. See Could Gay Lt. Gov Rumors Be Playing in Favor of Cheating SC Governor?
EDGE Boston
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/07/could-gay-lt-…
Could Gay Lt. Gov Rumors Be Playing in Favor of Cheating SC Governor?
The bombshell revelation that South Carolina governor Mark Sanford had disappeared to Argentina for a rendezvous with an extramarital romantic interest has failed to elicit calls fro the governor’s resignation from the state’s top officials-in part due to Bauer’s politics, though another factor may also be at work: rumors that the state’s Lieutenant Governor, Andre Bauer, is gay.
Bauer’s sexuality has been a topic of speculation before, most recently when openly lesbian South Carolina politician Linda Ketner, a failed candidate for one of the state’s congressional seats, “outed” several state officials, including Bauer, igniting a controversy about airing and repeating such allegations publicly. See Could Gay Lt. Gov Rumors Be Playing in Favor of Cheating SC Governor?
EDGE Boston
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/07/could-gay-lt-…
Federal gay marriage challenge has Hollywood style Reuters
The story of two famous U.S. lawyers from opposite ends of the political spectrum banding together to launch a bold and unexpected fight for gay marriage sounds like it could have been written in Hollywood.
In many ways, it is.
A handful of political filmmakers led by a Democratic consultant have crafted a gay rights challenge they hope will reach the U.S. Supreme Court.
The case which has its first hearing in a federal San Francisco court on July 2 could quickly make gay marriage a national right, or, some veteran gay rights advocates fear, cripple the movement.
The team has political experience, winning referenda in California in particular, and has brought together real-world firepower in the form of Ted Olson and David Boies, the lawyers who faced off in the 2000 election vote recount that led to George W. Bush’s presidency.
What sets them apart is the willingness to take on a court case that advocates steeped in the cause have avoided.
“Patience is a virtue I’ve quite frankly never possessed — if patience is a virtue,” said Chad Griffin, 35, who began his career in the political big leagues more than a decade ago as the youngest person to work on a president’s West Wing staff.
“History is on our side, law is on our side,” added Griffin, who is gay.
Rob Reiner, the “When Harry Met Sally” director and advocate for children’s health, and Bruce Cohen, the producer of “Milk,” a film about the first openly gay elected politician in California, are two of the six-member board of the American Foundation for Equal Rights, founded for the court challenge.
See Federal gay marriage challenge has Hollywood style
Reuters
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/06/federal-gay-m…
NY Gay Marriage Bill Faces New Challenges
With what some are describing as a “circus” in Albany, many gay marriage supporters fear that proposed legislation recognizing same sex marriage in New York will not come up for a vote in a state Senate in flux.
And now, one group is also trying harder to keep that from happening. The National Organization for Marriage announced Tuesday that they have set up a Political Action Committee for New York to fight the measure.
With the announcement, Executive Director Brian Brown also said that the first $500,000 raised will be used to back a primary challenger to GOP Senators who vote for gay marriage.
“The first half million dollars will be used in GOP primaries,” Brown said. “But we are also looking to aid Democratic candidates who want to buck the establishment on the marriage issue, and to help in general election contests.”
Brown said politicians were ignoring “the wishes of their own constituents.” See NY Gay Marriage Bill Faces New Challenges
CBS News
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/06/ny-gay-marria…
