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.
President Obama to Bestow Presidential Medal of Freedom on Harvey Milk
San Francisco – Today President Obama announced that he will honor assassinated civil rights leader Harvey Milk with the Presidential Medal of Freedom, the nation’s highest civilian honor recognizing significant contributions to the nation and the world. The President will also honor Senator Edward Kennedy and tennis legend Billie Jean King, an open lesbian and longtime champion for the rights of the lesbian, gay, bisexual, and transgender (LGBT) community, with the Medal of Freedom on August 12.
Last year, EQCA sponsored the first bill in the country to officially honor Milk, the nation’s first openly gay man elected to major political office, but the Governor vetoed it. Senator Mark Leno (D-San Francisco) introduced the Harvey Milk Day bill, sponsored by EQCA, again this year. The legislation would require the governor to annually proclaim May 22 as Harvey Milk Day, designating it as a “day of special significance,” to recognize Milk’s work to secure equal protections.
Equality California (EQCA) is the largest statewide lesbian, gay, bisexual, transgender-rights advocacy organization in California. In the past decade, EQCA has strategically moved California from a state with extremely limited legal protections for LGBT individuals to a state with some of the most comprehensive civil-rights protections in the nation. EQCA has passed over 50 pieces of legislation and continues to advance equality through legislative advocacy, public education and community empowerment. www.eqca.org
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Obama names Medal of Freedom recipients, including Harvey Milk …
President Obama, attempting to spotlight those who have acted as “agents of change,” today announced that he will bestow the Presidential Medal of Freedom, the country’s highest civilian honor, on a cast of living and deceased figures widely known in politics, the arts and sciences, sports and social movements.
The 16 honorees named by the White House today include Harvey Milk, the San Francisco city supervisor who led an early movement for gay rights in public life and was assassinated. They include the late Republican Congressman Jack Kemp, a football legend as well, and the ailing Democratic Sen. Edward M. Kennedy of Massachusetts.
The president’s choices, who will be honored at a White House ceremony Aug. 12, include American civil-rights activist the Rev. Joseph Lowery and South African freedom fighter Desmond Tutu. They include a pioneer in sports for women, tennis star Billie Jean King, and the first woman on the Supreme Court, retired Justice Sandra Day O’Connor.
They include actor Sidney Poitier and singer Chita Rivera.
See
Obama names Medal of Freedom recipients, including Harvey Milk …
They include actor Sidney Poitier and singer Chita Rivera.
See
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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
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‘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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Gillibrand wins Senate hearing on military policy on gays
New York‘s Sen. href=”/topics/Kirsten_Gillibrand”>Kirsten Gillibrand said Monday she had won the commitment of the Senate Armed Services Committee to hold its first hearing this fall on the “don’t ask, don’t tell” policy on gays in the military.
The announcement is unusual because Gillibrand does not sit on the panel and did not push the issue in the last Congress, when she served on the House Armed Services Committee.
But the agreement by Senate Armed Services chairman Carl Levin (D-Mich.) capped a campaign Gillibrand has been waging in the last few weeks to scrap or suspend the controversial policy that has led the Pentagon to discharge thousands of gays and lesbians since 1994.
See Gillibrand wins Senate hearing on military policy on gays
Newsday
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Maine campaign heats up
With the prospect of a November referendum on same-sex marriage in Maine all but certain, pro-equality advocates are gearing up for a bruising battle to preserve the state’s marriage equality bill, signed by Gov. John Baldacci in May. Since January, Maine Freedom to Marry has been ramping up a vast field campaign to identify pro-equality voters. Without a presidential or gubernatorial race to bring voters out, Maine Freedom to Marry campaign manager Jesse Connolly said grassroots fieldwork is essential to finding voters who support marriage equality and to turning them out at the polls on Election Day.
“This campaign is really about having one-on-one conversations with Maine voters. … We’re raising money, we’re building a campaign, but we’re really excited about this great work the field effort has been doing,” said Connolly.
Yet campaign finance reports suggest that pro-equality advocates may face an uphill battle. Thus far, anti-gay activists have outpaced pro-equality advocates in fundraising. Much of that money has come from the national religious right organizations that backed the successful campaign to pass California’s Proposition 8 last year. See Maine campaign heats up
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Gay marriage and the date debate
Nearly nine months after California voters banned same-sex marriage in the state, gay marriage supporters are ready to ask them to overturn Proposition 8. They’re just not sure when to ask: In November 2010 or November 2012. Choosing a date involves more than sifting through the polling, community meetings and consultants’ reports that have filled the time since last fall’s election with soul-searching and finger-pointing among supporters, culminating in a meeting of the movement’s leaders Saturday in San Bernardino. Generating enthusiasm for a grassroots campaign will also be a heart-based decision, one that has split same-sex couples even in Kern County, where 75 percent of voters backed Prop. 8. Bakersfield resident Jade Haley wants an initiative in 2010. Her partner Alee Gamino thinks that’s too soon. Gamino’s Catholic mother still refers to Haley as “she” and has no contact with them as a couple, who are raising Gamino’s teenage daughter from a previous relationship. On Sundays, Gamino, 34, goes to church twice. She attends a Catholic service solo with her mom in the morning and goes to a Metropolitan Community Church with her partner in the evening. “The churches have thousands and thousands of people ready to go against us,” said Gamino. She looked at 70 people who came to a Unitarian Universalist Church on Thursday to talk about the movement’s next step. “All we have is what’s in this room.” Still, Gamino was among only a dozen people at the Bakersfield meeting called by Marriage Equality USA who supported waiting until 2012. The sentiment for a vote next year echoed one at a similar gathering in San Francisco, while gatherings in liberal bastions such as Oakland and Berkeley leaned toward 2012. “The reaction was really mixed,” said Pam Brown, Marriage Equality USA’s political director, who compiled information from the organization’s “Get Engaged” tour of 40 California cities over the past several weeks. “A lot of people who wanted to wait until 2012 wanted to see what the plan was first before they committed.” A nonbinding straw poll of leaders gathered Saturday in San Bernardino to plan the movement’s next step found that 93 people voted to go in 2010, 49 in 2012 and 20 were undecided. Organizers expect to officially decide when to return to the ballot in a couple of weeks. If they decide on November 2010, the deadline to have ballot language submitted to the attorney general is Sept. 25. This month, several groups of same-sex marriage supporters said not enough has been done to address the faults of last year’s campaign in time to mount a winning drive next year.Churches’ influence
Faults not addressed
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Married lesbian couple seeks protection in India
LUCKNOW: Even as the country debates pros and cons of legalising the same sex marriages and the Central government finds itself in a fix over the issue, a lesbian couple tied nuptial knot defying all social norms in Muzaffarnagar, known for honour killings and fundamentalist diktats by caste-based panchayats.
This is not all. Two days after the incident hit the headlines, the Muzaffarnagar district administration received another application for same sex marriage from another lesbian couple. While in the first case, officers have provided security to the newly wedded, they have not given permission to the second couple fearing a backlash from the community. Significantly, in both the cases, the couples belong to low income group and are not highly educated.
In the first case, Komal Sharma and Pinki Kashyap entered into wedlock and left their families to live together. The couple hails from Dayanand Nagar, a small locality in Shamli tehsil of Muzaffarnagar district. While Komal belongs to a Brahmin family and is educated till class XI, Pinki hails from an other backward class family and has studied only till class VIII. Komal’s father Rajendra Sharma is with home guard and Pinki’s father Hariram runs a small dairy.
The two girls met three months back in a vocational training centre where both had enrolled for a course in stitching. The friendship soon turned into love and they got secretly married through Arya Samaj rituals at a temple in Muzaffarnagar. They also to have entered wedlock legally through a court marriage in Delhi. While Pinki posed as the groom, Komal dressed as a bride.
The couple kept their marriage a secret till July 23, the day they left their families. According to police, Pinki came to Komal’s house in the morning of July 23 when Komal was alone with her two younger siblings. The duo gave sleeping pills mixed in cold drink to the Komal’s younger brother and sister and left the house. The two girls also filed an application in the office of Senior Superintendent of Police (SSP), Muzaffarnagar, complaining that they have threat to their lives from their families. See Married woman marries her ‘girlfriend’ in west UP Times of India
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Local media swallows ‘bathroom bill’ rhetoric
On July 14, the day of a legislative hearing on the transgender rights bill currently on Beacon Hill, WCVB’s NewsCenter 5 ran a story about the bill on its evening newscast. Anchor Liz Brunner introduced the story by saying, “It’s being called the bathroom bill, [and it] is essentially meant to end discrimination based on transgender status.” Behind Brunner was an image of the traditional male and female stick figures found on restroom doors, positioned next to the State House dome and above the tagline, “Bathroom Bill.” Yet the only people calling the trans rights bill, House Bill 1728, a “bathroom bill” are its opponents, and the label is a misnomer by any objective criteria.
H.B. 1728 adds trans-inclusive language to the state’s non-discrimination laws in the areas of employment, public accommodations, credit, housing, and education, as well as to the state’s hate-crimes laws, going far beyond simply allowing transgender people to use bathrooms that match their gender identity or expression. Opponents of the legislation, led by the Massachusetts Family Institute (MFI), claim that the bill will allow male sexual predators to masquerade as women and sneak into women’s restrooms and locker rooms. WCVB’s coverage of the transgender rights bill, as well as the coverage by some other local media outlets, suggests that the work of the bill’s opponents to label the legislation a bathroom bill in public discourse has been at least somewhat successful. See Local media swallows ‘bathroom bill’ rhetoric Bay Windows
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