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.
Update: Obama disses marriage law as Justice defends it
(Washington) President Barack Obama insisted Monday he still wants to scrap what he calls a discriminatory federal marriage law, even as his administration angered gay rights activists by defending it in court.
The president said his administration’s stance in a California court case is not about defending traditional marriage, but is …
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
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S.F. asks federal judge to toss Prop. 8
San Francisco has asked a federal judge to overturn California’s ban on same-sex marriage, allying the city with a lawsuit that could reach the U.S. Supreme Court.
In papers filed Thursday night in U.S. District Court in San Francisco, City Attorney Dennis Herrera’s office argued that Proposition 8 was motivated by hatred of gays and lesbians and violates their constitutional right to be free of discrimination.
Although sponsors of the November ballot measure said they were trying to promote traditional marriage and protect children, “excluding same-sex couples from marriage does nothing to advance those goals,” Chief Deputy City Attorney Therese Stewart said in the 49-page brief.
Prop. 8′s “real aim (was) harming gays and lesbians and expressing moral disapproval of them,” Stewart said.
In arguing to throw out Prop. 8, Stewart cited the Supreme Court’s 1996 ruling that struck down Colorado’s ban on state and local gay-rights measures and said a law motivated by hostility toward gays and lesbians is unconstitutional.
See S.F. asks federal judge to toss Prop. 8
* Tags = gay men gay news lesbian news transgender bisexual
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Original source : http://gay_blog.blogspot.com/2009/06/sf-asks-feder…
Jim Gibbons, In Midst Of Messy Divorce, Plans To Veto Gay Partners .Bill to Stand Tall For Traditional Marriage!
The Nevada legislature has successfully passed two gay rights bills, one that outlaws job discrimination based on sexual orientation, and another that establishes domestic partnerships for gay couples.
But Nevada Governor Jim Gibbons has said he will veto the domestic partnership bill, which would give same-sex couples equal rights to married partners in areas like estate planning, medical decisions, community property and child custody.
“The governor believes that government has no business in your medicine chest or your bedroom,” spokesperson Daniel Burns said. With good reason: Gibbons who filed for divorce in 2008, allegedly had having an affair with playboy model Leslie Durant, as well as sending more than 860 text messages to another woman, Kathy Karrasch, from his state-owned cell phone. When Gibbons was running for governor, he was accused of sexually assaulting a cocktail waitress.
See Jim Gibbons, In Midst Of Messy Divorce, Plans To Veto Gay Partners … Huffington Post * Tags = gay men gay news lesbian news transgender bisexual
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VISTA: Proposal for ‘Carrie Prejean Day’ fails
VISTA —- A proposal to make June 1 “Carrie Prejean Day” in the Vista Unified School District failed late Thursday night, after the school board member who suggested it couldn’t get his colleagues to sign on.Prejean, a 2005 graduate of Vista High School, made headlines last month when she competed as Miss California in the nationally televised Miss USA Pageant and answered a question about same-sex marriage posed by a pageant judge.Prejean’s answer —- that marriage should be between a man and a woman —- may have cost her the crown and created a firestorm of controversy.Since the pageant, she has appeared on several news shows defending her beliefs. Meanwhile, semi-nude photos of her surfaced on the Internet.On Thursday night, hundreds of people packed the multipurpose room at Foothill Oak Elementary School for the Vista school board meeting, many waiting late into the evening to speak for or against the idea.”Carrie Prejean is not a spokesperson for traditional marriage,” said one of the first speakers on the issue, Jill Parvin, a parent in the district who has frequently sided with Gibson. “She is a former student with the courage to speak her mind.”An opposing view was presented by Evelyn Thomas, director of education and youth services for the North County Lesbian, Gay, Bisexual and transgender Coalition in Oceanside.”It is wrong to teach bigotry and discrimination,” Thomas told the board. “The reality is, students —- your students —- are part of nontraditional families.” See VISTA: Proposal for ‘Carrie Prejean Day’ fails
North County Times * Tags = gay men gay news lesbian news transgender bisexual
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Miss California defends nude pics
Miss California Carrie Prejean, who sparked a gay rights outcry following an outburst at the Miss USA pageant, has defended a series of raunchy snaps that have hit the internet.
A photo of Prejean topless and in lacy pink underwear surfaced on websites such as www.perezhilton.com and spread quickly. Five other photos are rumoured to be hitting the internet soon.
Miss California officials are investigating whether the snaps violate her contract as a beauty pageant winner.
Prejean, 21, said the photos were taken when she was a teenager and their release was designed to “mock” her religion.
“I am a Christian, and I am a model. Models pose for pictures, including lingerie and swimwear photos,” she said in a statement.
“Recently, photos taken of me as a teenager have been released surreptitiously to a tabloid website that openly mocks me for my Christian faith. I am not perfect, and I will never claim to be.
“But these attacks on me and others who speak in defense of traditional marriage are intolerant and offensive.”
Miss California defends nude pics
Stuff.co.nz * Tags = gay men gay news lesbian news transgender bisexual
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Carrie Prejean reacts to racy photos on Web
A photo of Prejean wearing only pink panties with her back turned to the camera appeared Monday on the gossip blog theDirty.com. Miss California says a Web site has posted racy photos of her in an attempt to belittle her Christianity.
Carrie Prejean says photos taken of her as a teenager had been released “surreptitiously to a tabloid Web site that openly mocks me for my Christian faith.”
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Original source : http://gay_blog.blogspot.com/2009/05/carrie-prejea…
Five stories from five years of same-sex marriage
Cambridge, Mass. - Susan Shepherd looks up at the rough-hewn pink granite of City Hall, just across the Charles River from downtown Boston. An American flag ripples in the wind. Inside the building, a plaque commemorates Cambridge as America’s birthplace of legal same-sex marriage.
“I can’t believe it’s been five years,” Shepherd says, hugging her wife. “I feel like I just met her yesterday.”
Nor can gay marriage opponents believe what’s happened in Massachusetts since, in their view, traditional marriage came to an end.
Yet in the past five years as same-sex marriage became part of Massachusetts’ landscape, many Bay Staters say something unexpected has happened: Life is as it always was.
Just after midnight on May 17, 2004, Shepherd and Marcia Hams, a Cambridge couple who’d been together three decades and raised a son, became Massachusetts’ first same-sex couple to get a marriage license. They had waited 24 hours in rain and cold, and by the time they got the license, 10,000 supporters gathered on the front lawn of City Hall.
Five years later and 1,300 miles away, Iowa on Monday will allow same-sex marriages. As Iowa enters into uncharted territory for the Midwest, the Bay State may serve as a sign of what may come.
Since same-sex marriage became legal in Massachusetts, about 12,000 same-sex couples have applied for marriage licenses. Gay marriages now comprise about 4 percent of all marriages performed in the state, meaning there are about 1,500 a year.
There have been some same-sex divorces, too, most notably by the couple whose name was on the court case that legalized same-sex marriage.
To be sure, a sizable chunk of Massachusetts’ 6.3 million residents remain opposed to same-sex marriage, mostly on religious grounds. Some say legal same-sex marriage has led to censorship of those who remain opposed, to infringement on the rights of parents who object to same-sex marriage being taught in schools, and to Catholic Charities of Boston ending adoption work because it refused to allow same-sex couples to adopt.
But polling results show a shift toward acceptance of gay marriage. A 2004 survey by the Suffolk University Political Research Center in Boston found the state split: 42 percent supported gay marriage, 44 percent opposed it. A similar survey in 2008 found 59 percent in support of gay marriage, 37 percent opposed.
As Iowa enters a new era, a drive through Massachusetts and into Maine shows how same-sex marriage has changed life – for better, for worse or, as many say, hardly at all.
See Five stories from five years of same-sex marriage
DesMoinesRegister.com – Des Moines,IA,USA
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Children services policy gives preference to traditional marriage Lebanon Western Star
More lies form another Roman Catholic Group: there’s no evidence children adopted by Straight families do better than kids adopted by gay or lesbian families.
A new Butler County Children Services policy gives traditional couples preference over single parents or same-sex couples in fostering or adopting children.
The policy, adopted Dec. 8, states, “The purpose of adoption is not to provide children for adults who want them, but to provide for children families that give them the experience of intact married family life as much as possible.”
Children Services Director Michael Fox said they adopted the policy when he learned they didn’t have one in the midst of an effort by two gay men to adopt a 2-year-old child.
Fox said the policy’s goal is not to discriminate, but to give children the best chance at succeeding.
“Data-wise, and there’s tons of it, kids do better…when there is a traditional married couple,” Fox said.
See4 Children services policy gives preference to traditional marriage Lebanon Western Star
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Original source : http://gay_blog.blogspot.com/2009/03/children-serv…
