By Topic: Law

February 17, 2006

Colorado gay rights measure gains interesting support

colorado church window Colorado based Focus on the Family, the wingnuts who've made it a mission to teach the world that gays and lesbians lead dangerous and deviant lifestyles, the same ministry that has long lobbied against recognizing same-sex couples as spouses or even parents, has endorsed a bill that would give same-sex couples in the state some of the same rights as heterosexual spouses. For the record the bill's GOP author, Senator Shawn Mitchell, doesn't support gay marriage or even civil unions. Colorado Clergy for Equality and Marriage has announced its opposition to the proposed state constitutional amendment that would place a ban on gay marriage in the state. Gil Caldwell says, "My concern as a civil rights activist is that we have not learned lessons from our history," Caldwell said. "We've been through the segregation of women, the segregation of African Americans. Now it appears we want to segregate same-gender loving couples."

Gay marriage takes hit in New York, ACLU vows to continue the fight

new york wedding case couple Vitale and Tripi The state Appellate Division, combining three separate cases brought by gay couples, rejected the argument that New York's marriage law is unconstitutional, throwing out the lawsuit - but the American Civil Liberties Union made a promise to appeal to New York's highest court after an intermediate court refused to strike down a state law that bars same-sex couples from marriage - and the hundreds of family protections afforded to married couples. Jeanne Vitale and Amy Tripi, pictured, want their relationship legally recognized. The New York Court of Appeals has already accepted review of the issue of marriage for same-sex couples in another case, Hernandez v. Robles, which was brought by Lambda Legal.

February 15, 2006

Russian cleric calls for gays to be thrashed, and other world news

talgat · Russia: Talgat Tadjuddin, pictured, Russia's senior Muslim cleric, called on Muslims and Orthodox Christians to "thrash" homosexuals yesterday if the gay pride parade that is scheduled to take place in Moscow this May takes place. "This should in no case be allowed, but if they still take it to the streets, then one will have nothing to do but thrash them," he said.

· Botswana: The Voice newspaper earlier this month published an advertorial on gay life, breaking a long standing journalistic taboo against positive representations of gays and lesbians in the country. The advertorial was sponsored by LEGABIBO (Lesbians,Gays and Bisexuals of Botswana).

· United Arab Emirates: An United Arab Emirates court sentenced each of 26 men to five years in prison for participating in a gay wedding. They were "busted in a hotel 'dressed in women's clothes and make-up in preparation," the Emirates Today newspaper reported." The November arrests took place when police raided the hotel. You may recall that a cop who took photos was arrested.

Freedom To Marry: Same-sex couples stand for marriage rights

same sex marriage san francisco · California: And the debate over whether San Francisco Mayor Gavin Newsom's actions helped or hurt the cause, a debate I personally find to be a ridiculous in that it's expertly designed to distract from the real issue. While busy defending whether he did the right thing, one is typically not debating the real issue at all. Making the Valentine's Day activism in Napa, rural Nevada County, Humboldt and Placer Counties, San Diego and all over the state all the more vital (all five links have photos). I particularly applaud Terry McClaren who stood for hours silently on the steps of San Mateo County's Government Center yesterday wearing her wedding dress.

· UK: A new Journal of Epidemiology and Community Heath report in the UK has revealed that same-sex marriage and civil partnerships are good for our health. The report says they reduce the prejudice and social exclusion that same-sex couples feel and should help to cut the high rates of depression and drug-taking, promiscuity and sexually transmitted diseases - a suspect list in my book, yet very similar ones are used by the wingnuts as cause to deny such partnerships. Interesting, eh?

· New Jersey: New Jersey could become the second state in the US to legalize gay marriage in a case presented to the State Supreme Court today. "New Jersey is a unique state nationally when it comes to this issue," said Lambda Legal lawyer David Buckel. "That became very clear with a governor's race in which candidates on both sides opposed an amendment to the state constitution that would limit marriage to a man and a woman." I have to say I'm eagerly anticipating the verdict.

Continue reading "Freedom To Marry: Same-sex couples stand for marriage rights" »

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February 9, 2006

Celebrity Gossip

doherty · Pete Doherty, Kate Moss' ex-boyfriend and bisexual Babyshambles' lead singer escaped a jail term yesterday when he was sentenced to 12 months of community service for seven separate drug-related charges.
· Nathan Lane held his 50th-birthday bash at the Rainbow Room and everybody sang for their supper. Matthew Broderick dedicated "Sonny Boy" to his "Odd Couple" spouse. Mario Cantone, channeling Judy Garland, called Lane a naughty Munchkin and told him to "Get Happy." Sounds like a big gay night in showtunes hell.
· When it comes to the Winter Olympics that kick off on Friday, if you're more interested in who you'd like to take home than who will take home the gold, here's a handy guide to the crucial players.

February 8, 2006

Queer World News Snapshots

st kilda pride · Australia: While it's winter here in San Francisco, it's summer in St. Kilda, making it an ideal time for their Pride March featuring, well, mostly just a bunch of very ordinary-looking people walking down the street without a float in sight. Gay Aborigines marching under the Outblack flag received a rousing cheer. Photo Gallery.
· Iran: A transgendered male torture victim of the government's lethal homophobic program speaks from Mashad of his arrest, torture, imprisonment, and the incessant gang rape encouraged by his jailers.
· Ireland: A landmark case calling for full gay marriage rights here began its slow process through the courts this week. The case was brought by Katherine Zappone and Ann Louise Gilligan who were married in Canada in 2003. They're suing Ireland’s tax service for refusing to acknowledge them as a married couple. The outcome will have much broader implications.

February 7, 2006

Delegate Mark Cole is in an idiot, and other political snafus

mark cole In the Virginia General Assembly, which previously passed the most restrictive gay marriage ban in the country, Senate Bill 700 would make permanent discrimination safeguards for gays and lesbians in state employment and extend them to local governments and school boards. Enter Delegate Mark Cole, total idiot, who explained, "Sexual orientation is a broad term. There are eight different sexual orientations, including pedophilia and bestiality. I think we'd be opening up Pandora's box and allowing judges to interpret what that means." Meanwhile Senator Brownback now says that he meant no offense to "homosexuals" when he used the word "fruits" in an interview with Rolling Stone magazine. How exactly did he mean it then?

Continue reading "Delegate Mark Cole is in an idiot, and other political snafus" »

January 23, 2006

Virginia rejects restrictions for adoptive couples

Virginia: In a win for gay rights, a committee in the Virginia senate has narrowly killed legislation barring gay adoptive parents in other states from getting both of their names listed on birth certificates issued there. The education and health committee voted 8-7 to kill the measure.

Laurel Hester gets her dying wish after all

hester Just last week I had the displeasure of telling you that the Ocean County freeholders didn't give Lt. Laurel Hester her dying wish. Well guess what kids, theychanged their minds. The decision came after a political teleconference among the Republican leaders of the county yesterday afternoon. But wait, there's more. Ocean County State Senator Andrew Ciesla has also asked the state Office of Legislative Services to prepare a bill he will sponsor that will eliminate the difference in the pension inheritance rights of members of the police and fire retirement system and other state public employee retirement systems.

Judge drops charges against Maestas's gay bashers on technicality

maestas I've been following the James Maestas gay bashing story in New Mexico rather closely and all was going rather well - until now. District Court Judge Michael Vigil has dismissed the charges against Johnny Valdez and Paul Montoya because prosecutors failed to notify them that they were targets 10 days before the grand jury that indicted them met, as legally required. On an "all is not lost" note, prosecutors are going to be able to present the evidence against the two defendants who didn't accept plea bargains again, only the judge wants to decide if probable cause exists to charge them. Prosecutors mailed them their notice on March 1 rather than serving them personally with the grand jury meeting set for March 10. (Thanks Vilma)

Baltimore judge rules Maryland gay marriage ban discriminatory

maryland's lead plaintiffs Circuit Court Judge M. Brooke Murdock in Baltimore ruled that Maryland's law banning same-sex marriage is discriminatory and "cannot withstand constitutional challenge," thus throwing open the possibility of a bruising legislative battle over a constitutional amendment. Will we be rushing to the altar in Maryland? Actually, no. Murdock immediately stayed her decision and the attorney general's office has voiced plans for an appeal. Lead plaintiffs in the lawsuit, Gita Deane, left, and Lisa Polyak, right, are savoring their victory nonetheless. The judge's decision thrilled the 19 gay men and lesbians who challenged a 1973 state statute defining marriage as a union between a man and a woman. (Thanks Tyler)

January 20, 2006

Judge rules Wayne Healy verdict biased, overturns conviction

court A federal judge, Michael Ponsor (pictured), has ruled that Wayne Healy, a gay man who was convicted of the murder of his former brother-in-law Richard Chalue in 1980, should either be released from prison or given a new trial. Ponsor said prosecutors emphasized a (quote) "homosexual element to the murder," but suppressed evidence that there had been no sexual encounter. Healy was sentenced to life in prison without parole. Ponsor ruled that suppressing that information handicapped the defense "in an obviously devastating manner" and that doing so was "particularly grave." Ponsor's order said Healy is to be released on $400,000 bail, secured by his relatives' real estate, noting that Healy presents a very low risk of flight.

January 12, 2006

Indianapolis gay rights law signed by Mayor Peterson

Indiana: Indianapolis Mayor Bart Peterson signed the city's gay rights law in a ceremony Wednesday afternoon. In December, the City-County Council passed the ordinance, which bans discrimination based on sexual orientation and gender identity in the workplace and in housing.

Homophobe Grant Storms scolded for filing frivilous lawsuit

storms Action Wisconsin, the largest gay rights group in the state, has been awarded $87,000 in attorneys' fees by a judge who scolded Louisiana pastor Grant Storms (shown) and his lawyer for bringing a frivolous lawsuit claiming the group defamed him. Milwaukee County Circuit Judge Patricia McMahon said the lawsuit lacked merit from the day it was filed. Storms was one of several speakers at the "International Conference on Homo-Fascism" and Action Wisconsin obtained an audio recording of the conference and publicized remarks inciting violence and hatred. Storms said gay rights' opponents should "start taking it to the streets." He mimicked gun fire: "Boom, boom, boom, boom. There's twenty! Ca-ching." You probably remember when Southern Decadence had to get a restraining order against him too.

Action call for queers to oppose Alito nomination

alito The National Gay and Lesbian Task Force is urging gays and lesbians to contact their U.S. senators to oppose Samuel Alito as a replacement for Sandra Day O'Connor on the Supreme Court. "The confirmation of Alito would put in mortal danger the constitutional and other legal rights and interests of LGBT people across the country," director Matt Foreman said. "If Alito serves on the Supreme Court, he will no longer be subject to any sort of review. He would team up with justices Scalia and Thomas to have their extremist views become the law of the land."

New California bill would limit gay panic defense

lieber Here's something I haven't heard of before. In California, Assemblywoman Sally J. Lieber (shown) has authored Assembly Bill 1160, a bill which limits the use of the 'gay panic defense.' It passed the Assembly Committee on Public Safety along party lines too so it's moving forward. The defense strategy that has long been employed by some murder defendants who argue that they did not intentionally kill their victim - he or she just flew into such a rage upon learning that the victim was gay or transgender that the killing was actually the lesser offense of manslaughter. A.B. 1160 declares that it is against public policy for a defendant to play upon the bias of the jury, or for a jury to allow bias against the victim to enter into its decision-making. (Thanks Autumn)

January 11, 2006

California gay marriage appeal case gets serious support

California More than 250 religious and civil rights organizations are urging the California Court of Appeal to put an end to state laws that deny same-sex couples the protections of marriage. The Court's currently hearing the State's appeal of the SF Superior Court decision which held the current statutory ban unconstitutional.

Chris Buttars thinks talking about gay sex is criminal

buttars Utah Senator Chris Buttars wants to ban gay and lesbian support clubs from Utah high schools, which isn't what you'd expect from a man who looks so incredibly warm and open minded, right? He's also got a bill to require 'intelligent design' theory be taught along side evolution in public schools. Anyway, as for gay clubs he says, "If you're in a chess club you're going to be talking about chess. If you're in a dance club you're going to be talking about dance. If you're in a gay club you're going to be talking about human sexuality, and that's illegal, in fact it's criminal." Yes kids, they even want to make talking about sex a crime.

Finkbeiner takes a U-turn on gay rights

Washington: Key state Senate Republican Bill Finkbeiner announced he would reverse his position and support an anti-discrimination bill for gays and lesbians. What this likely means is that the next time this comes around a decadeslong political fight is going to finally roll in our favor.

New Jersey legislature passes two gay rights bills

New Jersey: New Jersey lawmakers voted to give same-sex couples the same rights as married couples regarding inheritance and funeral arrangements and to extend gay couples' access to health benefits in the public sector. Both bills were passed overwhelmingly and were sent to Gov. Richard Codey who is expected to sign them.

January 9, 2006

UW student lobby backs gay rights bill

Washington: University of Washington students are approacing Olympia lawmakers with their legislative priorities, keeping tuition affordable, boosting financial and equal rights for gays. "We just looked around and said that (we) want to be on the right side of history," said Ben Golden.

September 30, 2005

Hong Kong appeals homophobic sodomy law

william roy leung Hong Kong's government has appealed a High Court ruling against a law that says men younger than 21 should be imprisoned for life for engaging in sodomy. The government waited until the last day of its deadline to appeal the August 24 homophobic decision, originally challenged by William Roy Leung, pictured. Leung, 20, argued he should be able to have a loving relationship without fearing he will be imprisoned. And who shouldn't right? His lawyer, Michael Vidler, said of the news, "If the government maintains that Hong Kong is a world city, then we should start acting like a world city and stop lagging behind on human rights issues such as these."

Ohio Appeals will hear Keith Phillips gay importuning case

court The Eleventh Ohio District Court of Appeals will decide whether or not to overturn the conviction of Keith Phillips, 22, a gay man who was convicted twice of “importuning” under a city ordinance modeled after an Ohio law making it a crime for a person to ask another person of the same sex for sex, if the person being asked could have been offended. The law was ruled unconstitutional by the Ohio Supreme Court in May, 2002 - yet Phillips’ first conviction was seven months later after a co-worker complained. He was 19 at the time.

Connecticut same-sex civil unions debut this weekend

burke and ryker Connecticut's same-sex civil unions officially kickoff this weekend and Karen Ryker and Sarah Jo Burke, pictured, won't be making much of a hoopla about legalizing their bond. Together for 23 years, they will simply walk up to the Woodstock town clerk's office and fill out the forms for a license declaring them a state-recognized civil union. Ryker says, "There are legal rights and it's important."

Schwarzenegger vetoes California gay marriage bill

schwarzenegger As he previously pledged, Governor Arnold Schwarzenegger vetoed a bill that would have legalized same-sex marriage in California, saying that although he believes gay and lesbian couples are "entitled to full protection under the law," the bill would have wrongly reversed an initiative California voters approved five years ago. "I do not believe the Legislature can reverse an initiative approved by the people of California," he wrote in his veto message. Politically smart or inherently spineless? You be the judge.

September 29, 2005

Ruling gives Michigan same-sex couples benefits

draganchuk An Ingham County judge has ruled that Michigan's ban against gay marriage does not prevent public employers from providing health insurance to partners of gay employees. Judge Joyce Draganchuk said health care benefits are benefits of employment, not marriage. "Today's ruling affirms what we've believed all along - Michigan voters never intended to take health insurance away from families," said ACLU attorney Deborah LaBelle

Wife's lesbian lover's brakes cut, husband accused

bamford and bedford In the UK, Bryan Bamford stands accused of sabotaging the brakes in the car of his wife Karen's new lesbian love interest, Emma Bedford. Karen and Bedford, pictured, were driving the car when they realized the brakes were not working. Bryan had recently come to to find Karen and Bedford kissing on the sofa. Bryan claims the women cut the brakes themselves and are framing him.

September 28, 2005

Married lesbian Meehan-Hoos find marital status bar to Katrina aid

king and meehan-hoo Lesbian couple Yolanda and Jan Meehan-Hoo were legally married last February when they lived in North Attleboro, Massachusetts. Last June they made the ill-fated move to Slidell, Louisiana, their three kids in tow. Hurricane Katrina wiped them out and now, back in Massachusetts at the home of a friend, pictured center, FEMA apparently halted their aid application because they're not recognized as spouses under federal law.

September 19, 2005

Lesbian sues when New Jersey partner rights fail

New Jersey: During their 19-year relationship, Rene Price and Betty Jordan thought of themselves as married, especially after they registered as domestic partners on the last day of 2004. But after Price died unexpectedly in July, Jordan learned that she wasn't entitle to, well, a lot. She's suing.

Gay bashers plead guilty in Oilcan Harry's assault

austin A year ago a 32-year-old man was gay bashed after meeting four men at Oilcan Harry's, an Austin gay bar. Two of the four, including one of the Gay brothers, have entered a guilty plea to aggravated assault charges. They're expected to get six years in prison. Police said they smashed a glass against his head, punched him, kicked him, whipped him with a vacuum cord, poked and prodded him with swords and daggers, and sexually assaulted him with a sex toy.

September 15, 2005

U.S. House passes gay and transgender inclusive hate crimes bill

baldwin The U.S. House of Representatives passed a transgender inclusive hate crimes amendment yesterday, despite noise from gay critics who said that including the trans community would sabotage the bill's future. While a sexual orientation hate crimes bill has passed the Senate three times before and the House has held two procedural votes on hate crimes legislation, this is the first time an explicitly written transgender inclusive bill has been passed by the House or the Senate. That's the good news.

Continue reading "U.S. House passes gay and transgender inclusive hate crimes bill" »

California gay marriage activists stall Arnold's veto

schwarzenegger Activists and politicians upset by California Governor Arnold Schwarzenegger's vow to veto the same-sex marriage bill that the state Legislature passed last week are actively delaying sending him the bill in a bid to change his mind. In fact, they don't plan to deliver it to him until the September 23 deadline and the bill must be physically in his possession before he can actually veto it. Meanwhile, gay rights groups are planning activities every day until then in an attempt to rally support for the measure. So far, according to Schwarzenegger's spokeswoman, he still plans to veto it - but it's not all over til the fat lady sings and Christopher Lisotta's column paints a more fuller, vivid portrait.

September 14, 2005

New York gay marriage ruling hits Appeals court

bloomberg In New York, the five-judge panel of the Appellate Division heard same-sex marriage testimony today. Mayor Bloomberg's (pictured)administration lawyer Leonard Koerner asked for a reversal of a lower-court ruling that legalized gay marriage. And Lambda Legal Defense Fund lawyer Susan Sommer countered that gay marriage is a constitutional issue, not merely a legislative one. "There is a fundamental right to marry the person of your choice," Sommer said.

Cornyn raises sodomy ruling in day one of Roberts judicial hearing

cornyn For those of you who haven't been paying attention, Bush is looking to fill a seat on the Supreme Court and his nominee, John Roberts, is now officially in the hot seat. Day one brought the expected wingnut nonsense from a conservative wackjob, this time being Senator John Cornyn. Cornyn, pictured, told Roberts that Lawrence vs. Texas, the 2003 Supreme Court ruling overturning state sodomy laws, was an example of how the court has misinterpreted the Constitution, and while three others warned of creating "new rights" for us unmentionables, it was Senator Edward Kennedy who was the only member of the Judiciary Committee to say "gays," including us in a litany of groups whose rights the Supreme Court should expand, rather than take away. Here, here!

September 13, 2005

Fiji gay sex convictions for Thomas McCosker and Dhirendra Nadan invalid

thomas mccoskar While I was away, Fiji's High Court overturned the two year jail time convictions for an Australian tourist Thomas McCosker, pictured, and his consensual gay sex partner, Dhirendra Nadan. High Court judge Gerard Winter said the pair’s conviction was invalid because it contravened Fiji's constitutional protection of privacy and equality, noting, however, that the ruling only applied to gay sex in private. The decision's effect on gay sex ban laws that can carry jail sentences as long as 14 years remains to be seen.

September 12, 2005

Scotland considers gay hate crimes legislation

Scotland: Hate crimes against gay, lesbian or bisexual people may receive stiffer penalties thanks to new legislation. The new law follows similar moves where longer sentences have been handed out to those committing prejudicial crimes towards religious groups such as Muslims and Catholics.

September 1, 2005

Nebraska marriage ban defended

Lincoln: Nebraska Attorney General Jon Bruning argued Thursday that Nebraska’s amendment banning same-sex marriage should be restored because it doesn't harm anyone. Anyone important to Nebraska, anyway.

California marriage bill clears Senate; will Arnie sign?

arnie.jpgHanding gay rights advocates a major victory, the California Senate approved legislation Thursday that would legalize same-sex marriages in the nation's most populous state. The 21-15 vote made the Senate the first legislative chamber in the country to approve a gay marriage bill. It sets the stage for a showdown in the state Assembly, which narrowly rejected a gay marriage bill in June. Will Gov. Schwarzenegger sign it if it passes? It doesn't look good so far.

August 31, 2005

California sends discrimination bill to governor

Sacramento: The California Assembly has passed legislation banning discrimination against gays, lesbians and transgender Californians in employment, housing and the delivery of goods and services. The bill now heads to the governor’s desk for his signature.

August 30, 2005

Canada ignored same-sex adultery

Vancouver: Somehow, although Canada recognized same-sex marriage, it didn't recognize same-sex adultery. Shelly Pickering, whose husband cheated with a man, thinks it is unfair. (Canada has instant, no-fault divorce within a year if someone cheats.) She went to court Tuesday.

Araujo defendant only slapped her, attorney says

araujo Jose Merel, accused of killing transgender teen Gwen Araujo, only slapped and hit her because he was devastated to find out she was biologically male, says his attorney. William Du Bois says his client is just guilty of assault, not murder. Closing arguments resume Tuesday.

August 25, 2005

Hong Kong judge declares gay age of consent law unconstitutional

HK protesters A Hong Kong High Court judge, Michael Hartmann, has ruled that laws prohibiting gay sex by men under the age of 21 are unconstitutional and that they discriminate on the basis of sexual orientation. William Roy Leung, 20, challenged Hong Kong's existing laws on the issue. HK law allows heterosexual and lesbian sex from the age of 16, but anyone under the age of 21 who engages in sodomy could face life in prison. Discriminatory indeeed - and the government says it will study the judgement. Hartmann said the current laws were "demeaning of gay men who are, through the legislation, stereotyped as deviant." 63 men have been arrested under the law in the past five years.

August 23, 2005

Gay co-parenting upheld by California Supreme Court

attorney hersh hugs kim Attorney Jill Hersh (left) hugged lesbian parent Kim M. after the California Supreme Court granted Kim full parenting rights for her 9-year-old twins, a historic victory for gay and lesbian rights. "Next to the day my daughters were born, it is the happiest day of my life," the Marin County resident said who hasn't seen or talked to her daughters in nearly a year. Her former partner, who had Kim's fertilized eggs implanted in her uterus and gave birth to the girls, took them to Boston with her in 2001 after they broke up. Two lower courts declined to declare her a parent and her ex, known in court papers as E.G., stopped all telephone calls and visits and even returned gifts Kim sent the girls.

August 16, 2005

Gay activists protest Section 377 in Mumbai

mumbai Pink balloons and painted faces stood out amidst the rush of office-goers in Mumbai on a grey evening at Flora Fountain. "Pyaar Hua Ikraar Hua Queer Hua To Kya Hua" screamed a multi-coloured banner as flashbulbs went off and the Indian protesters took a break. A visibly frightened 21-year-old, who shied away from the cameras, summed up the purpose of the march: "Once the law is amended, people like me can live in dignity." What law is that? Section 377 of course - Whoever has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall also be liable to a fine."

August 11, 2005

California Supremes put gay marriage issue back in the slow lane

california supreme court The California Supreme Court decided not to rule on the constitutionality of gay marriage, at least for now, keeping gay marriage off-limits while leaving the issue in legal limbo. Attorney General Bill Lockyer and others wanted to sidestep the appeals court process in order to get a speedy ruling and asked the Supremes to review the case. Lockyer wanted the court to overturn the ruling and uphold state law. "We thought that the cases were ripe for a prompt and final resolution without having to go through the court of appeal." No suck luck Bill. The case will remain before the 1st District Court of Appeal in San Francisco, where it is likely to take months for a decision on the controversial issue that could face voters next year.

August 10, 2005

Gwen Araujo retrial takes a recess

gwen araujo The retrial for the murder of transgender teenager Gwen Araujo has taken a recess until Monday so that a juror could attend to unspecified out-of-state personal matters. Without going into detail, Alameda County Superior Court Judge Harry Sheppard ordered the juror to return on that day no later than 9 a.m. Sheppard said that although there are alternate jurors, "I want to keep this jury intact." Sheppard still believes the trial will conclude before September 9. The previous trial ended with a hung jury after a defense attorney argued the killing was manslaughter committed in a passion provoked by sexual deception, an argument that angered Queer Day, Araujo’s family and transgender rights advocates everywhere.

August 9, 2005

Gay discrimination vs. religious freedom in Benitez insemination suit

benitez and family Lesbian Guadalupe Benitez wanted to be a mom and found herself in a complicated legal battle. Benitez (right), shown with her partner of 15 years Joanne and son Gabriel, sued her doctors and the North Coast Women's Care Medical Group in Vista, California, after they refused to perform artificial insemination on her because she's gay. Strong religious convictions prohibited them from doing so. The case, now awaiting a hearing at the 4th District Court of Appeals in San Diego, hinges on a conflict between the private religious beliefs of physicians and the state's anti-discrimination laws. Lawyers for Benitez argue that the doctors' stance, if allowed as a defense in court, would create a huge loophole in the Unruh Act, a state law requiring businesses to treat all people equally.

August 8, 2005

Transgendered father Kimberly Stankovich incarcerated

kimberly stankovich in her cell Kimberly Stankovich, pictured, is a transgendered father of two children. She was incarcerated for not paying child support, which is something of a challenge considering the 37-year-old auto mechanic, formerly William, has found it impossible to find work in Spokane, Washington, since her transition began. Whether Stankovich is a deadbeat dad or a transgendered victim of discrimination is the subject of Stankovich's upcoming divorce trial later this month. Queer Day's happy to save the court the time by noting the correct answer is option B. Anyway, as for the matter of child support, Superior Court Commissioner Royce Moe actually said he wasn't convinced that Stankovich did not make a choice to be transgendered. "How is what your client did any different from deciding that she wants to be a punk rocker," Moe asked during the hearing.

Continue reading "Transgendered father Kimberly Stankovich incarcerated" »

August 5, 2005

Cherokee Nation lesbian marriage blocking lawsuit dismissed

mckinley and reynolds Good news from the Cherokee Nation reports that the lawsuit seeking to block Dawn McKinley and Kathy Reynolds' effort to have their marriage recognized has been dismissed by the tribe's Judicial Appeals Tribunal. Complainer Todd Hembree, the tribe member and attorney whose lawsuit blocked the filing of a marriage certificate issued by the tribe, had no standing to sue and suffered no harm.

Continue reading "Cherokee Nation lesbian marriage blocking lawsuit dismissed" »

August 1, 2005

Gay marriage battle plays out in Cherokee Nation

cherokee couple Truth be told, Kathy Reynolds and Dawn McKinley were content living in quiet Oklahoma suburban anonymity raising their child together. But when Dawn was barred from Kathy's hospital room because she wasn't family, it wasn't longer before they brought the national battle over same-sex marriage to the heart of Indian country as they moved to become the first gay couple to marry under Cherokee law. The lesbian couple exchanged vows after receiving a marriage application, only to have tribal council trying to nullify the marriage. "We were told that the Cherokee law didn't exclude same-sex marriages," Reynolds said. "We just wanted recognition for our relationship."

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