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.
States with more Catholics more favor gay rights
Want to predict which state might move next to legalize same-sex marriage? You might count Catholics. The higher their percentage of the population, the more likely the state is to… support gay rights.
This counter-intuitive finding is brought to you with a tip of two hats — mine to Mark Silk at Spiritual Politics and his to Robbie Jones who led Silk to a new study soon by be published by two Columbia University political scientists.
Jeffrey Lax and Justin Phillips examined public support and resulting political policy on eight issues including marriage, housing, adoption and hate crimes.
The main thrust of the study was to examine whether there is “pro-gay bias in policy making” (the authors conclude no) or a tyranny of local majorities “in which anti-gay majorities trump minority rights” (the authors again say no).
See States with more Catholics more favor gay rights
USA Today -
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
 |
Original source : http://gay_blog.blogspot.com/2009/07/states-with-m…
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…
bout 17 percent of gay men in Chicago are…
bout 17 percent of gay men in Chicago are HIV-positive — and half of them don’t know it.
That’s according to authorititative new estimates from the Chicago Public Health Department.
In particular, black men who have sex with men have double the HIV infection rates of white and Hispanic men, even though they don’t appear to engage in riskier behavior, Chicago health officials said today.
Their report was based on data collected last year from 570 Chicago men in the National HIV Behavioral Surveillance system.
It’s the first time Chicago health officials have used blood-testing to determine HIV infection rates in this high-risk population, said Christopher Brown, assistant commissioner of the health department’s STD, HIV and AIDS division.
Past estimates have relied solely on interviews with gay and bisexual men about their HIV status.
“What we found out pretty much confirms what we’ve known for a while,” Brown said.
See Study: Half of HIV-positive men in Chicago don’t know it
Chicago Sun-Times
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/07/bout-17-perce…
Hate Crimes Bill, Long Overdue
The Jewish Week Writes:
“There’s a good reason the Anti-Defamation League and a number of other major Jewish groups have made passage of a new hate crimes bill a top priority: there are still too many places in America where violent crimes against unpopular minorities are not investigated or prosecuted with any vigor.
Different versions of the measure have again passed both houses of Congress, and once again conservative lawmakers are trying to attach “poison pill” amendments and marshaling their forces to strip the hate crimes provisions when the measures go to a House-Senate conference committee. And once again, Jewish groups face a tough fight in protecting legislation that may be even more critical as the recession fuels the growth of assorted hate groups.”
See Hate Crimes Bill, Long Overdue
The Jewish Week
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/07/hate-crimes-b…
Ending prisoner rape in Michigan
LINDA MCFARLANE writes:
The Michigan Department of Corrections (DOC) last week settled a class action lawsuit brought by over 500 female prisoners who were sexually abused in the state’s prisons. With the $100-million settlement agreement, hopefully the DOC will also begin to take the proactive steps needed to prevent and address the sexual violence that continues to plague its facilities.
This decision came after more than ten years of litigation, during which the courts repeatedly ruled against the state.
Although the prevalence of sexual abuse in Michigan prisons is well documented, leading officials have insisted that this type of violence is not a serious problem. In 2008, DOC Director Patricia Caruso opposed national standards being developed to address sexual abuse behind bars, stating that they would require that a “disproportionate amount of resources be dedicated to an issue that affects less than 1% of the DOC prison population.”
This claim is in blatant defiance of the facts. A 2007 national survey by the Department of Justice’s Bureau of Justice Statistics, which surveyed inmates at three Michigan prisons, found that the proportion of prisoners experiencing sexual victimization in the past year alone ranged from 4.6% to 7.9%.
Rape and other forms of sexual violence cause long-term harm to survivors and their communities. Prisoner rape survivors suffer physical injury, contract HIV and other sexually transmitted diseases, and experience severe psychological trauma. The vast majority of inmates ultimately return home, bringing their experiences and medical and psychiatric conditions with them.
See Ending prisoner rape in Michigan
Detroit Free Press -
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/07/ending-prison…
Margaret Cho: First Woman to Appear in Gay Adult Mag
Comedian Margaret Cho has been a pop culture pioneer for many years. She has raised the profile of Asian-Americans and women in entertainment, and has been a tireless campaigner for gay rights.
Tonight, Cho is guesting on E!’s Chelsea Lately to spread the word about her latest first: premier female cover model for the newest issue of gay adult magazine Unzipped. See video from the photo shoot below.
See Margaret Cho: First Woman to Appear in Gay Adult Mag Gay Wired
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/07/margaret-cho-…
Closet Case: How Intolerance Fuels Africa’s AIDS Crisis
New research has challenged the long-standing belief that HIV and AIDS in Africa primarily affect heterosexuals. A study published on the website of the British medical journal Lancet found that men who have sex with other men are up to 10 times more likely than their heterosexual counterparts to be infected with the virus — which suggests that the fight against AIDS on the continent may be undermined by widespread homophobia.
Researchers from Oxford University, the Population Council of Ghana and the Kenya Medical Research Institute reviewed AIDS studies conducted over the past few years and concluded that male-male sex was a major blind spot in AIDS research and policy in Africa. Men having sex with other men is far more common in Africa than is socially acknowledged, owing to widespread hostility toward homosexuality, and the phenomenon there is underreported in research and largely ignored in public-health responses to the pandemic. The researchers compiled statistics from a small but growing number of studies conducted in various African countries in recent years that included estimates of HIV prevalence among men who have sex with other men. (See pictures from Africa’s AIDS crisis.)
See Closet Case: How Intolerance Fuels Africa’s AIDS Crisis
TIME
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/07/closet-case-h…
Gay iPhone Radio Application from GayInternetRadioLive.com Reaches 50,000 Downloads
Atlanta, GA (PRWEB) July 20, 2009 — GLBT Radio Network, LLC announced today its customized iPhone application for GayInternetRadioLive.com (G.I.R.L.) has surpassed 50,000 downloads from Apple iTunes. The application debuted in the Apple iTunes store four months ago this week and remains listed as one of Apple’s top 100 free music applications. The wildly popular dance formatted station appeals to all dance music enthusiasts but specifically targets the GLBT demographic.
“This technology has had an enormous impact on time spent listening by more than tripling the amount of time our mobile audience spends with the station,” said Christopher Leonard, President and CEO of GLBT Radio Network. “The response has been overwhelming. To meet audience demand, we have increased our bandwidth capacity, moved our iPhone listeners to a dedicated stream server and also increased the number of concurrent seats available on the mobile stream. I continue to receive hundreds of emails and calls every week thanking us for the application.”
Unique to this iPhone application is the ability to deliver powerful branding messages with the use of colorful mobile banner advertising. When clicked, the app opens the advertised content within the application. The audio stream is not interrupted and customized web pages built specifically for iPhone browsing are displayed.” Leonard continued, “This provides endless opportunities for advertisers to provide direct response marketing such as “tap to call” and “tap to email” options while the advertisement is literally in the hands of the consumer.” Traditional in-stream audio ads, generally 10 to 30 seconds in length, blend in with the dance music format to promote gay and gay friendly businesses worldwide. It’s advertising for today’s mobile tech savvy consumer.
Some additional features include:
|
About GLBT Radio Network
GLBT Radio Network is an Internet based media company specializing in Internet only radio programming that targets the Gay and Lesbian community. For more information and advertising opportunities visit www.GLBTradionetwork.com .
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/07/gay-iphone-ra…
There’s no pride in bashing gays, Bishop
If you’re reading, Bishop Michael, I really didn’t want to have another pop at you about your trenchant and sometimes bizarre views about what constitutes Christian truth. As to the rest of you reading this, I’m sorry if it looks as if whenever Dr Michael Nazir-Ali, who retires as Bishop of Rochester in September, makes a public statement I launch an attack on him. Believe me, the routine is tiresome for me, too.
But his comments in yesterday’s Sunday Telegraph, which he is expected to repeat today, that homosexuals should “repent and be changed” cannot pass unchallenged. Or rather, they should not go challenged only by homosexual rights campaigners, such as Peter Tatchell, who you would expect to be somewhat antipathetic to the expressed view.
Because Dr Nazir-Ali is wrong in the eyes of a broad swath of kind and tolerant people of differing sexualities, social mores and of the Christian faith, other faiths and no faith at all. Badly, badly wrong.
I say that I didn’t want to have another fight with him because such fights polarise Anglicans, and we’re at our best when we’re talking. I went to a private lunch recently, to which Dr Nazir-Ali was also invited. He didn’t show. The seat next to me went empty. I do hope he didn’t bottle it; it’s important that religious leaders don’t just inhabit comfort zones with friends who share their views.
Dr Nazir-Ali’s friends are the Fellowship of Confessing Anglicans (Foca), who this week will try to get the Anglican schism over homosexuality going again, while denying that they are doing any such thing. Had he turned up to our lunch, I would have asked him why he and Foca are so convinced that they know the mind of God better than those who disagree with them and that their interpretation of scripture is with absolute certainty the one and only true one.
When I write about the Church and homosexuality, inevitably I receive messages that read simply “Romans 1:26-27″ or “1 Corinthians 6:9″, as if that settles something. We can argue scripture until we’re at the pearly gates. But the essential difference between Dr Nazir-Ali and me is this: I accept, disappointing as I would find it in my fiery furnace, that he might be right. By contrast, he and his friends cannot accept that I might be right, claim that I can’t be a proper Christian, and some of them go so far as to suggest that I’ll burn in hell for all eternity.
And there’s the real problem: it’s an issue of intolerance. Anglicanism has long been characterised by a broad tolerance. But my tolerance of Dr Nazir-Ali and his friends, that they are Anglicans with whom I happen vehemently to disagree, doesn’t seem to be reciprocated.
See There’s no pride in bashing gays, Bishop Telegraph.co.uk
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/07/theres-no-pri…
