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.
SAGE awarded $900 k federal grant
Health and Human Services Secretary Kathleen Sebelius today announced an award totaling $900,000 over three years to Services and Advocacy for GLBT Elders (SAGE) to establish the nation’s first national resource center to assist communities that provide services for older lesbian, gay, bisexual and transgender individuals.
“The Resource Center will provide …
‘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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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
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Backers of Gay Marriage Rethink California Push
LOS ANGELES — Discouraged by stubborn poll numbers and pessimistic political consultants, major financial backers of same-sex marriage are cautioning gay rights groups to delay a campaign to overturn California’s ban on such unions until at least 2012.
Earlier this year, many supporters of same-sex marriage seemed eager to mount a 2010 campaign to overturn Proposition 8, which was passed by California voters in November and defined marriage as “between a man and a woman.”
But the timing of another campaign has since been questioned by several of the movement’s big donors, including David Bohnett, a millionaire philanthropist and technology entrepreneur who gave more than $1 million to the unsuccessful campaign to defeat Proposition 8.
“In conversations with a number of my fellow major No on 8 donors,” Mr. Bohnett said in an e-mail message, “I find that they share my sentiment: namely, that we will step up to the plate — with resources and talent — when the time is right.”
“The only thing worse than losing in 2008,” he added, “would be to lose again in 2010.”
The issue of when to go back to the polls was also the central topic at a contentious “leadership summit” held Saturday at a church in San Bernardino, east of Los Angeles, where about 200 gay rights advocates gathered to discuss their next step. It was the second large meeting of gay leaders since late May when the California Supreme Court ruled against a legal challenge to Proposition 8, which passed with 52 percent of the vote.
Shortly after the court’s decision, officials at Equality California, one of the largest gay rights groups in California, issued an online plea for donations for a possible 2010 campaign, citing a need to capitalize on anger over the decision and on the seeming momentum from the recent legalization of same-sex marriage in several other states.
But that thinking has apparently evolved.
Marc Solomon, marriage director for Equality California, said he spent June and early July asking the opinions of nearly two dozen California political consultants and pollsters and had been surprised by the almost unanimous opinion that a 2010 race was a bad idea.
“I expected having watched the protests and the real pain that the L.G.B.T. community had experienced that there would be some real measurable remorse in the electorate,” Mr. Solomon said, referring to lesbian, gay, bisexual and transgender people. “But if you look at the poll numbers since November, they really haven’t moved at all.”
A major factor in any California balloting, of course, is money; campaigns here are remarkably expensive, with a number of costly media markets. The Proposition 8 campaign, for example, cost more than $80 million, with opponents spending some $43 million.
Sarah Callahan, ch
See Backers of Gay Marriage Rethink California Push
New York Times
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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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Gay activists and union leaders commit to year two of Hyatt Boycott
See Gay activists and union leaders commit to year two of Hyatt Boycott
Gay and Lesbian Times
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100 Nations Meet in Copenhagen to Celebrate and Fight for Homosexual Rights
COPENHAGEN, — This week, thousands of people from across the globe will arrive in the Danish capital Copenhagen to take part in the most important international event for homosexual, bi-sexual and transgender men and women – World Outgames 2009. On the agenda is one of the largest and most important conferences on homosexual rights the world has ever seen.
Nearly 100 nations will be represented, and up to 200,000 participants, tourists and Copenhageners are expected to take part in World Outgames 2009 from July 25 – August 2. Apart from focusing on human rights for nine days, a large number of theme festivals and an extensive cultural and sports program will make Copenhagen the place to be.
“By hosting World Outgames, Denmark will send a signal to the rest of the world that it should maintain focus on the right to love whomsoever one wishes, irrespective of gender and sexuality. From Northern Europe to South America, in Eastern Europe and the Far East, there are human rights battles to be fought – particularly for homosexuals. We hope that World Outgames and the thousands of people from around 100 different countries will be able to spread the message to the world,” says Uffe Elbaek, director of World Outgames 2009.
The heart of World Outgames is a major international human rights conference being held in close cooperation with Amnesty International and IBM focusing on the necessity that all people, irrespective of gender and sexuality should have equal rights.
“It is important for Copenhagen that issues concerning homosexual rights and tolerance can be discussed without prejudice. World Outgames enables us to pay tribute to the diversity and openness that is such an innate part of the city. We are greatly looking forward to welcoming participants and spectators,” says Lars Bernhard Jorgensen, CEO of Wonderful Copenhagen.
A great variety of cultural activities will take place in Copenhagen during the event. Cities such as Melbourne, Tel Aviv, Mexico City, Rio de Janeiro and Antwerp will contribute with music, entertainment, dance and much more. Sporting events throughout the city will include some 30 disciplines – such as ice hockey, beach volleyball and triathlon in Copenhagen’s harbor area. Apart from the cultural program and the sport events, the city will be awash with a large number of free activities.
Also, a gay cruise with 2,600 passengers will be docking at Copenhagen during World Outgames, and a mass blessing has been arranged at Copenhagen Cathedral offering gay couples special recognition by the Church to commemorate the 20th anniversary of legally recognized same-sex civil unions in Denmark.
Facts and additional information about homosexual rights in Denmark:
http://www.visitcopenhagen.com/factsheetWOG
Read more about World Outgames: http://www.copenhagen2009.org/
Official program: http://www.copenhagen2009.org/program
Download photos: http://www.copenhagen2009.org/photo
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American Apparel: ‘Legalize Gay’ T-Shirts Provoked Vandalism, Threats
SILVER SPRING, Md. – An American Apparel store’s decision to prominently display a pro-gay T-shirt has resulted in vanadalism and death threats, a spokesperson for the chain told ABC 7 News. Vandals smashed the windows at the Silver Spring American Apparel store, apparently upset over a display of T-shirts that read: “Legalize Gay” “Repeal Prop 8 Now!”. The message refers to California’s Proposition 8, which banned same-sex marriage in the state.
The broken store windows in Silver Spring were discovered Monday morning.
On Tuesday, the Georgetown American Apparel received a threatening phone call related to the T-shirts See American Apparel: ‘Legalize Gay‘ T-Shirts Provoked Vandalism, Threats
WJLA -
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Councilmen waver on new gay marriage bill
Porterville city councilmen rehashed a contentious issue Tuesday night — gay marriage.
Former mayor Cameron Hamilton proposed that council members show adamant opposition to a bill circulating among state legislators.
Senate Bill 54 proposes same-sex couples married outside the state, and before the passage of Proposition 8, are warranted the equal recognition as married spouses in California.
The council formerly engaged with a state issue on Sept. 2, 2008 by adopting a resolution supporting Proposition 8. The ballot measure, which was passed by California voters in November, codifies that marriage in California is only between a man and a woman.
This time the vote was not unanimous.
By a sliver — two in favor, two opposed, one abstained — council members allowed Hamilton to draft a resolution to approve or disapprove at a future meeting.
See Councilmen waver on new gay marriage bill
Porterville Recorder
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