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.
Human Rights Campaign Calls on the LGBT Community and Allies to Participate in National, Grassroots Push to Lobby Congress Face-to-Face
The Human Rights Campaign, the nation’s largest lesbian, gay, bisexual and transgender (LGBT) civil rights organization, today launched a national, grassroots campaign called “No Excuses” to demand action from Congress on key issues of equality. Designed to take advantage of the congressional summer recess, when members are in their local offices and meeting with constituents, “No Excuses” will mobilize HRC’s 750,000 members and their allies to meet directly with lawmakers and push for federal legislative change. Members and supporters can get involved by visiting: http://noexcuses.hrc.org.
“While we salute and acknowledge the heroic members of Congress who have worked tirelessly on our behalf, far too many have dragged their feet on basic matters of fairness and equality that have lingered too long and hurt too many LGBT people and their families,” said Human Rights Campaign President Joe Solmonese. “Yes, there are many challenges facing this Congress and this president. But LGBT people often face additional hardship protecting their families, their loved ones and their jobs, and too few in Congress are willing to champion these issues of basic fairness. Now, more than ever, members of the LGBT community need to make their voices heard face-to-face and in the districts where they live.”
Using innovative online tools, one-on-one trainings and staff and volunteer follow-through, HRC members will press lawmakers to end discrimination in the military, treat all legally married couples equally, pass immigration reform that recognizes and honors LGBT families, outlaw workplace discrimination for LGBT employees, and treat all federal employees’ compensation equally.
The interactive “No Excuses” website allows supporters to download a meeting toolkit, schedule a meeting and report back on how it went. To take action, visit: http://noexcuses.hrc.org.
The in-district meetings will focus on the following key legislative priorities in the 111th Congress:
–Repeal the Defense of Marriage Act (DOMA), which denies legally married lesbian and gay couples more than 1,000 federal protections;
–Prohibit workplace discrimination for the LGBT community by passing an inclusive Employment Non-Discrimination Act (ENDA);
–Repeal “Don’t Ask, Don’t Tell” to ensure that service members who contribute to our nation’s security are no longer summarily discharged for who they are;
–Pass immigration reform that recognizes permanent same-sex couples and ends the painful separation of families;
–And provide health benefits equally to the nearly 3 million federal government employees, including same-sex domestic partners.
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Original source : http://gay_blog.blogspot.com/2009/07/human-rights-…
LGBT health survey shows trouble spots
BOSTON. The largest survey to date comparing the health of the lesbian, gay, bisexual and transgender community to heterosexuals and non-transgender residents showed sharp health disparities.
The statistics:
In a survey of nearly 1,600 Massachusetts residents:
- Almost 31 percent of transgender citizens reported considering suicide in the past year, compared to just 2 percent for heterosexuals and 4 percent for gay or lesbian.
- Nearly 35 percent of transgender citizens said they were threatened with physical violence during their lifetime by an intimate partner, almost three times the rate of non-transgender residents.
- Just 45 percent of bisexual women said they had never had a mammogram, below the 59 percent of heterosexuals and 58 percent of lesbians.
- Bisexuals reported the most days binge drinking, having four or five drinks in a sitting an average of nearly two times in the past 30 days. Bisexuals also reported smoking marijuana nearly twice as often as heterosexuals.
See LGBT health survey shows trouble spots
Metro.us
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Original source : http://gay_blog.blogspot.com/2009/07/lgbt-health-s…
Higher level of abuse among same-sex couples than straight ones, Hong Kong study
In harm’s way: Higher level of abuse among same-sex couples than straight ones, Hong Kong study
Four times as many individuals in a same-sex relationship than in a straight one have reportedly been victimised by physical assault, according to a landmark study by the Chinese University of Hong Kong (CUHK) and the Women Coalition of HKSAR.
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Original source : http://gay_blog.blogspot.com/2009/07/higher-level-…
(San Diego) A judge granted a sentencing delay last Tuesday to a man who assaulted a lesbian musician while she hugged her girlfriend. The lawyer for Vinzen Matthew Williams, 21, sought the delay.
* Tags = gay men gay news lesbian news transgender bisexual
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Original source : http://gay_blog.blogspot.com/2009/07/man-who-assau…
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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Original source : http://gay_blog.blogspot.com/2009/07/pastor-dc-chu…
International gathering of gay activists kicks off in Copenhagen
COPENHAGEN — Music and aerial acrobats are kicking off the second edition of the World Outgames – nine days of sports, cultural and human rights events for lesbian, gay, bisexual and transgender people.
Some of the 5,500 participants from about 100 countries are marching in a parade of nations on Copenhagen’s City Hall Square. Artists, suspended in wires above them, are performing spectacular acrobatics to deafening music and a frenzied light show.
See International gathering of gay activists kicks off in Copenhagen
The Canadian Press
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Original source : http://gay_blog.blogspot.com/2009/07/international…
Courts unlikely to strike down new domestic partner registry until after it begins
An attorney for those hoping to strike down Wisconsin’s new legal protections for domestic partners says he hopes the Supreme Court will decide their request in a matter of weeks.
But by then, gay couples will have already started registering at county courthouses for the benefits. Those sign-ups begin a week from Monday.
Three members of the Wisconsin Family Action group asked the Supreme Court yesterday to declare the domestic partner registry unconstitutional.
They say it violates the constitutional amendment against gay marriage and civil unions which group members helped pass in 2006.
The group calls it an effort to redefine marriage in Wisconsin. But a spokesman for Gov. Jim Doyle, who included the registry in the new state budget, says it’s just a set of basic protections, and it has nothing to do with promoting gay marriage.
Four of the seven justices would have to agree to take the case, and their new session does not begin until September.
See Courts unlikely to strike down new domestic partner registry until … Hudson Star Observer
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Original source : http://gay_blog.blogspot.com/2009/07/courts-unlike…
Bisexuality 101: Am I bisexual?
Some people would say that everyone is bisexual, but I’m not going to buy into that line. That’s the easiest way to confuse those of you who may be on the fence.
And no, just because you thought about doing something with a friend of the same sex—or maybe even did a little fooling around at one time—it doesn’t mean that you’ve got the “B” label branded on your forehead forever. Nor, does it mean if you’ve never actually had sex with both a man and a woman that you cannot declare yourself a bisexual.
In fact, many people who identify as bisexual have yet to experience full sexual relations with a man and a woman (and it doesn’t have to be at the same time, either!)
Bisexuality, in its simplest form, is the understanding or awareness that you can be attracted physically and emotionally to either gender at some point.
It doesn’t mean that you have to be equally attracted to both, and it doesn’t mean that you have to have regular sex with both genders to be happy or satisfied. And yes, bisexuals can be monogamous, and have one only one partner at a time and be very content. See Bisexuality 101: Am I bisexual?
Examiner.com -
* Tags = gay men gay news lesbian news transgender bisexual
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Original source : http://gay_blog.blogspot.com/2009/07/bisexuality-1…
In UK, New initiative launched to tackle homelessness among LGBT youth
Four leading LGBT charities have announced the launch of a new initiative to reduce homelessness among young LGBT people.
The initiative, known as ‘Jigsaw’, brings together the legal advisers Stonewall Housing, youth homelessness and support charity the Albert Kennedy Trust, the mental health organisation PACE and Galop, which supports victims of homophobic crime.
A joint statement from the groups said: “Despite the greater legal recognition of LGBT people, social acceptance is far from universal.
“Even in London today, many young LGBT people face rejection from their own family, persecution from their own communities, and even physical attack.
“Furthermore, most offenders of homophobic hate crime are aged between 16 and 20″.
Michael Nastari, the co-ordinator of Jigsaw, and a director of LGBT Youth Homelessness Prevention Network, commented: “The effects of homophobia and transphobia on young people’s lives can be devastating. As a result, they can fail to succeed in education, miss out on employment and training, and suffer a range of mental health issues.
See New initiative launched to tackle homelessness among LGBT youth
PinkNews.co.uk
* Tags = gay men gay news lesbian news transgender bisexual
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Original source : http://gay_blog.blogspot.com/2009/07/in-uk-new-ini…
(San Diego) A judge granted a sentencing delay last Tuesday to a man who assaulted a lesbian musician while she hugged her girlfriend. The lawyer for Vinzen Matthew Williams, 21, sought the delay.
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
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Original source : http://gay_blog.blogspot.com/2009/07/man-who-assau…
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
* Tags = gay men gay news lesbian news transgender bisexual
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Original source : http://gay_blog.blogspot.com/2009/07/pastor-dc-chu…
International gathering of gay activists kicks off in Copenhagen
COPENHAGEN — Music and aerial acrobats are kicking off the second edition of the World Outgames – nine days of sports, cultural and human rights events for lesbian, gay, bisexual and transgender people.
Some of the 5,500 participants from about 100 countries are marching in a parade of nations on Copenhagen’s City Hall Square. Artists, suspended in wires above them, are performing spectacular acrobatics to deafening music and a frenzied light show.
See International gathering of gay activists kicks off in Copenhagen
The Canadian Press
* Tags = gay men gay news lesbian news transgender bisexual
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Original source : http://gay_blog.blogspot.com/2009/07/international…
Courts unlikely to strike down new domestic partner registry until after it begins
An attorney for those hoping to strike down Wisconsin’s new legal protections for domestic partners says he hopes the Supreme Court will decide their request in a matter of weeks.
But by then, gay couples will have already started registering at county courthouses for the benefits. Those sign-ups begin a week from Monday.
Three members of the Wisconsin Family Action group asked the Supreme Court yesterday to declare the domestic partner registry unconstitutional.
They say it violates the constitutional amendment against gay marriage and civil unions which group members helped pass in 2006.
The group calls it an effort to redefine marriage in Wisconsin. But a spokesman for Gov. Jim Doyle, who included the registry in the new state budget, says it’s just a set of basic protections, and it has nothing to do with promoting gay marriage.
Four of the seven justices would have to agree to take the case, and their new session does not begin until September.
See Courts unlikely to strike down new domestic partner registry until … Hudson Star Observer
* Tags = gay men gay news lesbian news transgender bisexual
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Original source : http://gay_blog.blogspot.com/2009/07/courts-unlike…
Bisexuality 101: Am I bisexual?
Some people would say that everyone is bisexual, but I’m not going to buy into that line. That’s the easiest way to confuse those of you who may be on the fence.
And no, just because you thought about doing something with a friend of the same sex—or maybe even did a little fooling around at one time—it doesn’t mean that you’ve got the “B” label branded on your forehead forever. Nor, does it mean if you’ve never actually had sex with both a man and a woman that you cannot declare yourself a bisexual.
In fact, many people who identify as bisexual have yet to experience full sexual relations with a man and a woman (and it doesn’t have to be at the same time, either!)
Bisexuality, in its simplest form, is the understanding or awareness that you can be attracted physically and emotionally to either gender at some point.
It doesn’t mean that you have to be equally attracted to both, and it doesn’t mean that you have to have regular sex with both genders to be happy or satisfied. And yes, bisexuals can be monogamous, and have one only one partner at a time and be very content. See Bisexuality 101: Am I bisexual?
Examiner.com -
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
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Original source : http://gay_blog.blogspot.com/2009/07/bisexuality-1…
In UK, New initiative launched to tackle homelessness among LGBT youth
Four leading LGBT charities have announced the launch of a new initiative to reduce homelessness among young LGBT people.
The initiative, known as ‘Jigsaw’, brings together the legal advisers Stonewall Housing, youth homelessness and support charity the Albert Kennedy Trust, the mental health organisation PACE and Galop, which supports victims of homophobic crime.
A joint statement from the groups said: “Despite the greater legal recognition of LGBT people, social acceptance is far from universal.
“Even in London today, many young LGBT people face rejection from their own family, persecution from their own communities, and even physical attack.
“Furthermore, most offenders of homophobic hate crime are aged between 16 and 20″.
Michael Nastari, the co-ordinator of Jigsaw, and a director of LGBT Youth Homelessness Prevention Network, commented: “The effects of homophobia and transphobia on young people’s lives can be devastating. As a result, they can fail to succeed in education, miss out on employment and training, and suffer a range of mental health issues.
See New initiative launched to tackle homelessness among LGBT youth
PinkNews.co.uk
* Tags = gay men gay news lesbian news transgender bisexual
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Original source : http://gay_blog.blogspot.com/2009/07/in-uk-new-ini…
