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.
Militias target some Iraqis for being gay
“I’m not a terrorist,” he tells the Iraqi police who surround him. “I want you to know I am different. But I am not a terrorist.”
To some fundamentalist Iraqi Muslims, Ahmed Sadoun Saleh was worse than a terrorist.
He was gay. He wore his hair long and took female hormones to grow breasts. Amused by his appearance, Iraqi police officers stopped him in December at a checkpoint in a southern Baghdad neighborhood dominated by radical Shiite militias. They groped Saleh and ridiculed him.
The assault was captured on video and circulated on cellphones throughout Baghdad, says Ali Hili, founder of London-based Iraqi LGBT, a group dedicated to protecting Iraq’s gays and lesbians. Shortly after the video was made public, Hili says Saleh contacted him, fearing for his life, and asked for his help to flee Iraq.
“Unfortunately, it was too late,” Hili says. Saleh turned up dead two months later, he says.
At least 82 gay men have been killed in Iraq since December, according to Iraqi LGBT. The violence has raised questions about the Iraqi government’s ability to protect a diverse range of vulnerable minority groups that also includes Christians and Kurds, especially following the withdrawal of U.S. combat troops from Iraqi cities last month.
Mithal al-Alusi, a secular, liberal Sunni legislator, is among those who blame the killings on armed militant groups such as al-Qaeda and the Mahdi Army militia.
See Militias target some Iraqis for being gay
USA Today
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
 |
Original source : http://gay_blog.blogspot.com/2009/07/militias-targ…
‘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
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/07/two-track-chu…
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.”
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/07/defrank-cente…
Metro is playing catch-up, say supporters of gay protections
The argument that protecting Metro government’s gay employees would force the private sector to follow suit is all backward, supporters of a new anti-discrimination measure say.
Around the country, 90 percent of Fortune 500 companies’ anti-discrimination policies include sexual orientation or gender identity. In Nashville, some of the city’s largest private employers — http://www.vanderbilt.edu/“>Vanderbilt University and http://www.hcahealthcare.com/“>Hospital Corporation of America — put similar policies into place.
Against that landscape, the new measure’s supporters say, it should have a better chance of passage than a similar one proposed in 2003. But opponents say following the private-sector pack isn’t the way to go.
“Just because someone else does something doesn’t mean it’s right, and we learned that when we all took off from kindergarten,” said David Fowler, a former state senator and president of the http://www.factn.org/“>Family Action Council of Tennessee. “So unless we are going to act like lemmings and just blindly do what everybody else is doing, we need to stop and think before we make this a law.”
The city already has protections based on race, sex, religious affiliation and national origin in place, Fowler said, and protection based on sexuality is incongruous. He also said such a law could expose the city to lawsuits by people who feel it was broken.
See Metro is playing catch-up, say supporters of gay protections
The Tennessean
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/07/metro-is-play…
Daniel Radcliffe slams ‘stupid’ homophobes
Daniel Radcliffe hates homophobia.
The ‘Harry Potter’ actor – who is dating actress Laura O’Toole – was raised to treat everyone equally and he thinks singling someone out because of their sexuality is wrong.
He said: “I just loathe homophobia. It’s just disgusting and animal and stupid and it’s just thick people who can’t get their heads around it and are just scared.
“I grew up around gay people entirely. I was the only child in my class who had any experience of homosexuality or anything like that.
“I hate any type of prejudice.”
The 20-year-old British star also spoke of his political beliefs and called on people to follow his decision to vote Liberal Democrat in the next election.
He added to Britain’s Attitude magazine: “At the next election I will almost certainly vote Liberal Democrat. See Daniel Radcliffe slams ‘stupid’ homophobes
NZ City -
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/07/daniel-radcli…
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
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/07/will-john-tra…
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…
Angelina Jolie Voted #1 Lesbian Hero?
Bisexual actress Angelina Jolie is apparently the world’s ultimate lesbian heroine. At least, that’s what 2,600 lesbians voting at OnePoll.com seem to believe. Sure, Angelina is a humanitarian and fond of rescuing orphaned children around the globe and turning them into paparazzi targets – but the ultimate lesbian heroine? See Angelina Jolie Voted #1 Lesbian Hero?
SheWired -
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/07/angelina-joli…
New straw poll of gay marriage leaders: Overturn Prop 8 in 2010
A straw poll of same sex marraige leaders gathered in San Bernardino Saturday just came in: The majority want to return to the ballot in 2010 to try to overturn Proposition 8. Final count of the nonbinding measure: 93 people voted to go in 2010, 49 in 2012 and 20 undecided.
The next step: Leaders will return to their organizations and then a final decision will be made in a couple of weeks. If they’re going to go for it in 2010, they’d better hurry. Ballot language is due to the Attorney General by Sept. 25.
Oh, yeah. And they still need a leader. And a leadership structure. And a decision-making process.
With that in mind, here’s a juicy rumor for you: Would President Obama confidante Steve Hildebrand be interested in coming out to California to lead the next same sex marriage ballot iniative campaign?
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/07/new-straw-pol…
