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.
Pope accepts resignation of anti-gay Penn. bishop
(Vatican City) Pope Benedict XVI has accepted the early retirement of a U.S. bishop who has denounced nuns for sponsoring lectures by gay-rights advocates and directed priests to deny communion to abortion backers, the Vatican said Monday.
The brief announcement, keeping to Vatican tradition, did not say why the staunchly conservative …
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
| Published by |
 |
Original source : http://gay_blog.blogspot.com/2009/07/pastor-dc-chu…
Outgames international gay sport and culture event opens in Copenhagen
There will be triathlon and handball – but also bridge and line dancing. Copenhagen is preparing for thousands of gay people from dozens of nations to descend this weekend for the Outgames, a nine-day sporting and cultural olympics for the lesbian, gay, bisexual and transgender community.
When the 5,500 participants are introduced on a catwalk in Copenhagen’s central square today, it will kickstart nine days of sport, arts and political debates with almost 100 nations represented in more than 30 events, traditional and improvised.
But the event is about much more than podium places. The Outgames has launched itself under the banner of sport, culture and human rights. Participants from a host of cities, including Tel Aviv and Mexico City, will take over public spaces throughout Copenhagen to showcase artists and performers.
See Outgames international gay sport and culture event opens in Copenhagen
guardian.co.uk -
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/07/outgames-inte…
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
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/07/local-media-s…
McEntee: Discrimination is still with us
o Salt Lake City is stepping out, urging a new anti-discrimination law that actually includes sexual orientation and gender identity in the traditional list of those affected by housing and employment discrimination. Take that, all you legislators who have squashed any such thinking on the state level, arguing disingenuously that “choosing to be gay” is not grounds for civil rights protection. Mayor Ralph Becker, a Democratic representative for 11 years, knows all about that ruse. And one of the most fascinating things is how the city’s Human Rights Commission got there: Its members sat down and talked to people in five “dialogues on discrimination” late last year. No lectures, no surveys. Just conversations about classism/poverty, people with disabilities, racism, faith and sexual orientation. Kilo Zamora, whose nonprofit Inclusion Center trained the commissioners, says the opener was, “How’s the city doing, and do you think there’s discrimination here?” As people talked, it became evident that race, gender, class, income and religious biases “we thought we had buried in the ’60s were much alive in our communities,” he says. People were shocked. “Are you sure?” they would ask. “I never knew racism was still alive!”
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/07/mcentee-discr…
Florida Gov. Charlie Crist gives different answers on gay adoption
As a part of his statewide tour for “Explore Adoption Day,” Crist spoke to a crowded courtroom at the Duval County Courthouse about the increase in adoptions throughout the state.
Crist and other adoption advocates talked about the need for even more adoption, especially for older children who have a difficult time making it out of the system.
When he was running for governor in 2006, Crist told The St. Petersburg Times, “My position is the traditional family is the best to adopt.” He reaffirmed that statement on Wednesday in Jacksonville.
See Florida Gov. Charlie Crist gives different answers on gay adoption
Florida Times-Union -
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/07/florida-gov-c…
Effort To Ban Gay Unions Falling Short In Wash. State
The effort to place a gay-inclusive domestic partnership law up for a vote in Washington State appears to be falling short.
With a looming deadline of Saturday at 2PM, opponents of the law dubbed by the media as the “everything but marriage law” have only 4 full days left to gather thousands of valid signatures.
Opponents – a coalition of mostly religious groups – announced their attempt to repeal the bill in November, even before it became law in May. Gary Randall, president of the Faith and Freedom Network, says his group filed Referendum 71 because the law is too close to marriage and violates the law.
“The bill … elevates homosexual relationships to that of traditional marriage, thus eliminating any legal difference between domestic partnerships and marriage,” Randall wrote in a blog entry posted on the group’s website before the bill became law.
“I do not believe a majority [of] Washingtonians believe in homosexual marriage, nor do they want to become a national attraction for homosexuals from other states and countries,” he added.
Organizers, however, admit that they have fallen desperately behind in collecting the 120,577 valid signatures needed to qualify the measure. Randall told the conservative group Concerned Women for America that only 75,000 signatures had been collected as of Friday. Leaving the group at least 45,577 signatures short. But in order to ensure there are sufficient valid signatures, the group estimates it needs to collect 75,000 signatures. In other words, opponents need to collect as many signatures in one week as they did in the previous seven to eight weeks.
The Democratic-controlled House passed the bill in April along a mostly party-line vote of 62 to 35. Senators approved the bill in March with a 30 to 18 vote, and Governor Chris Gregoire signed the bill into law on May 18. See Effort To Ban Gay Unions Falling Short In Wash. State
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/07/effort-to-ban…
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…
UK Roman Catholic church-funded marriage agency backs gay and unmaried parents
Terry Prendergast, the chief executive of Marriage Care, claimed there is “no evidence” that children do better if they are brought up in a traditional two-parent family.
He claimed that those who live together out of wedlock are trying to lead good lives but find themselves “consigned to the dustbin” by the church.
His comments – to be made this weekend to Quest, a group of homosexual Catholics – go directly against the church’s teaching, which holds that homosexuality is sinful and that families should be based on the marriage of a man and a woman.
Mr Prendergast said: “We see, for example, that statistically children do best in a family where the adult relationship is steady, stable and loving – you should note here perhaps that I stress adult, not married, since there is no evidence that suggests that children do best with heterosexual couples.”
He claimed that God was present in the relationships of married, homosexual and cohabiting heterosexual relationships where there was “commitment, consent and covenant”.
He went on: “They want to live good lives according to the precepts of the Gospels. They are an advert for the Church, an advert that the Church often ignores or consigns to the wastebin.”
See Catholic church-funded marriage agency backs gay and unmaried parents Telegraph.co.uk
* Tags = gay men gay news lesbian news transgender bisexual
| Published by |
|
Original source : http://gay_blog.blogspot.com/2009/07/uk-roman-cath…
