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.
BBC slammed for debating Ugandan bill to kill gays
(London) Politicians are criticizing the BBC for inviting debate on whether homosexuals should face execution in Uganda.
The broadcaster launched an on-line debate over a proposed Ugandan law that would punish some homosexual acts by life imprisonment or death.
BBC’s “Africa Have Your Say” Web site asked for people’s views on whether …
Patrick Kennedy clashes with outspoken RI bishop
(Providence, RI) Thomas Tobin, the Roman Catholic bishop of Providence, has made a career out of putting politicians in his crosshairs, but his latest battle over abortion threatens to spiritually exile Rep. Patrick Kennedy, a son of the nation’s most famous Roman Catholic family.
Their feud over a proposal expanding the …
House holds hearing on ENDA
At Congress’s first ENDA hearing, politicians and professors discussed anti-LGBT discrimination.
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…
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…
DC Panel Hears Arguments On Gay Marriage Referendum Washington Post -
The battle over same-sex marriage in the District moved to the city election board yesterday as supporters and opponents packed into a hearing room to debate whether the city should put the issue on the ballot.
The D.C. Board of Elections and Ethics, which currently has two members and one vacancy, will determine whether voters should have a chance in a referendum to block a bill legalizing same-sex marriages performed elsewhere.
The board heard four hours of testimony yesterday and is expected to make a decision Friday or early next week.
Both sides presented legal and political arguments about whether the same-sex marriage issue should be in the hands of voters or the politicians who represent them.
“All we are asking for is a public debate,” said the Rev. Dale Wafer, a supporter of the referendum and a minister with the Harvest, a religious community in Northeast Washington. “We are not afraid of a debate. All we want is a public debate.”
Philip E. Pannell, a longtime gay rights advocate and Democratic Party activist, accused referendum supporters of “advocating for a popular vote that will give vent to public homophobia.”
See DC Panel Hears Arguments On Gay Marriage Referendum Washington Post -
* Tags = gay religion gay Christian gay jew gay mengay men
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/06/dc-panel-hear…
Closeted politicians stir filmmaker’s ‘Outrage’
Of the many insinuations in “Outrage,” Kirby Dick’s sad, devastating new documentary about closeted gay politicians – OK, alleged closeted gay politicians – the one that’s most disturbing is the case made against a former Southern congressman.
As a young liberal, the politician used his fraternity house “as his gay bar,” a former alleged hookup tells the filmmakers. Yet in pursuit of elected office, the politician got married, went to church, and voted Republican, never quite shaking his same-sex attraction but never doing much legislatively to acknowledge or advance the civil rights of gay people. On numerous occasions, in fact, he voted to suppress those rights.
Such alleged hypocrisy is the crux of “Outrage.” Dick speculates on the homosexuality of several current and former public officials which hasn’t been corroborated by the men themselves.
His charges aren’t new; they’ve certainly surfaced in the alternative press and online. But in accordance with Globe ethics poilcy, I can’t repeat those names here.
While dwelling on political contradiction, the movie unfolds at a unique juncture of psychological and moral character: the perverse place where a politician’s relentless personal drive and a closeted gay man’s shameful desire may meet.
In tying the purported secret gay sex lives of these putatively straight elected officials – the movie focuses almost exclusively on men – to their voting records, a caustic portrait emerges of self-deluded souls. Dick goes into scandals involving the married Idaho senator Larry Craig and the now openly gay former New Jersey governor Jim McGreevey, who sits down and unburdens himself for the camera (he talks about “living your truth” with an abandon that suggests either lots of therapy or lots of disco). Former Arizona congressman Jim Kolbe talks about how much happier he was after he revealed he was gay (we never hear from his ex-wife, although Mrs. McGreevey does speak).
“Outrage” is armed with commentary and insights from openly gay members of Congress like Barney Frank and Tammy Baldwin, activists like Larry Kramer (of course) and Rodger McFarlane, who died last month, and such Washington insiders as Hilary Rosen. The movie never allows you to forget its aim. It wants to hold these men accountable – if the speculation is true – not for their conservatism but for their double standard. “Outrage” tries to put the officials on a couch and determine why so many are Republicans. Someone likens their alleged behavior to playground politics, where potential outcasts help bullies persecute kids to keep the bullies off their trail. How could I be gay?, the thinking goes, I’ve voted with my party to block the passage of so many gay-friendly bills. See Closeted politicians stir filmmaker’s ‘Outrage’
Boston Globe
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/06/closeted-poli…
