************************************************* The week of 11/06/95 on T H I S W A Y O U T the international gay & lesbian radio magazine * In NewsWrap: More military ban losses on British and U.S. battlefronts ... Nova Scotia becomes the fifth Canadian province, and Halifax becomes the first municipality in Nova Scotia, to extend spousal benefits to the same-gender partners of their gay and lesbian civil servants, while the U.S. Congress revokes domestic partner benefits in Washington, D.C. ... high-level courts provide co-parent adoption victories for gays and lesbians in New York and New Jersey, but a U.S. federal judge rules that a gay couple can't file for joint bankruptcy ... and several other stories [anchored by Cindy Friedman and Brian Nunes] ... * "Goofy Lawmakers Blast Mickey's Health Plan" - Bucking the growing corporate trend in the U.S., fifteen Florida state legislators have sent a letter to The Walt Disney Company condemning the multinational's recent announcement that it would be extending health insurance benefits to the domestic partners of its gay and lesbian employees. In Tallahassee, Susan Gage reports on reaction to the reaction to the action ... * The ethical implications of life with HIV seem clear to some, but not so cut and dried to others. For example, are HIV-positive men obliged to disclose their status to all potential sex partners? From BBC Radio 5 Live's "Out This Week", some "gay man on the street" responses to that question, and moderator Nigel Wrench leading a frank discussion of this complex issue with Robin Gorna of The Terrence Higgins Trust, the country's leading AIDS support organization; Dominic Gough, editor of the British edition of POZ magazine; and Patrick Gale, author and founder of the AIDS education group "Rubberstuffers" ... ... and more! ========================*=============================== --------- ===> NewsWrap <=== --------- For the week ending November 4th, 1995 (As broadcast on THIS WAY OUT Program #397, distributed 11-06-95) [Compiled & written by CINDY FRIEDMAN, with thanks to Brian Nunes, Jason Lin, Greg Gordon, Bill Stosine and Ron Buckmire] BRITISH GAYS AND LESBIANS HAVE LOST ANOTHER ROUND IN THEIR STRUGGLE TO SERVE OPENLY IN THE MILITARY. BRITAIN'S COURT OF APPEAL UPHELD THE EXISTING BAN, AS BOTH LAWFUL AND RATIONAL, IN A RULING NOVEMBER 3rd IN THE CASE OF THREE GAY MEN AND A LESBIAN WHO WERE DISCHARGED BECAUSE OF THEIR SEXUAL ORIENTATION. WHILE THE PLAINTIFFS ARGUED THAT THE BAN IS "ABSURD, OUTRAGEOUS, PERVERSE AND IMPOSSIBLE TO JUSTIFY", JUDGE THOMAS BINGHAM SAID, "THE EXISTING POLICY CANNOT IN MY JUDGMENT BE STIGMATIZED AS IRRATIONAL AT THE TIME WHEN THESE APPELLANTS WERE DISCHARGED. ARMED FORCES MINISTER NICHOLAS SOAMES EXPRESSED RELIEF AT THE DECISION, CITING THE POTENTIAL FOR DISRUPTION OF MILITARY LIFE IF SERVICEMEMBERS HAD GAY OR LESBIAN RELATIONSHIPS. THE GAY AND LESBIAN FORMER SERVICEMEMBERS PLAN TO TAKE THEIR CASE TO THE HOUSE OF LORDS, BRITAIN'S FINAL COURT OF APPEAL. SHOULD THEY LOSE AGAIN THERE, THEY SAY THEY'LL CATCH THE NEXT FLIGHT TO STRASBOURG TO SEEK RELIEF FROM THE EUROPEAN COURT OF HUMAN RIGHTS. [Source: REUTER NEWS SERVICE] AN OPENLY-GAY U.S. SERVICEMEMBER HAS ALSO LOST A BID TO STAY IN UNIFORM. NAVY LIEUTENANT RICHARD SELLAND HAS BEEN FIGHTING DISCHARGE SINCE COMING OUT TO HIS COMMANDER ALMOST THREE YEARS AGO. ON NOVEMBER 1st, U.S. DISTRICT COURT JUDGE JOSEPH YOUNG REFUSED TO HEAR SELLAND'S CLAIM THAT THE BAN VIOLATES HIS CONSTITUTIONAL RIGHTS TO FREE SPEECH AND DUE PROCESS UNDER THE LAW. YOUNG RULED THAT THE MILITARY'S REQUIREMENTS FOR DISCIPLINE AND MORALE TOOK PRECEDENCE OVER SELLAND'S INDIVIDUAL RIGHTS. YOUNG WROTE, "THIS COURT IS CONVINCED IT SHOULD NOT REVISIT THE FINDINGS THAT UNDERLIE THE 'DON'T ASK, DON'T TELL' POLICY AND MUST DEFER TO THE MILITARY'S DECISION". [ASSOCIATED PRESS] NOVA SCOTIA HAS BECOME THE FIFTH CANADIAN PROVINCE TO EXTEND SPOUSAL BENEFITS TO THE SAME-GENDER PARTNERS OF ITS GAY AND LESBIAN CIVIL SERVANTS. UNMARRIED HETEROSEXUAL COUPLES WERE RECEIVING SPOUSAL BENEFITS ALREADY. AND IN LATE OCTOBER, HALIFAX BECAME THE FIRST MUNICIPALITY IN NOVA SCOTIA TO GRANT SPOUSAL BENEFITS TO ITS OWN GAY AND LESBIAN EMPLOYEES. [CANADA PRESS] BUT THE U.S. HOUSE OF REPRESENTATIVES THIS WEEK OVERRULED DOMESTIC PARTNERS LEGISLATION IN WASHINGTON, D.C. THE U.S. CAPITAL HAS ONLY LIMITED HOME RULE AND RELIES ON ANNUAL FEDERAL APPROPRIATIONS FOR MUCH OF ITS INCOME. IN CONSIDERING THE CITY'S FUNDING FOR 1996, THE FULL HOUSE VOTED BY A 2-TO-1 MARGIN TO ACCEPT AN AMENDMENT PROPOSED BY REPUBLICAN REPRESENTATIVE JOHN HOSTETTLER OF INDIANA TO REVOKE THE DOMESTIC PARTNERSHIP LAW. ALTHOUGH THE LAW COVERS ANY HOUSEHOLD, INCLUDING ELDERLY PARENTS LIVING WITH THEIR ADULT CHILDREN, THE HOUSE DEBATE FOCUSED ON GAY AND LESBIAN COUPLES AND WHAT HOSTETTLER CALLED THE "MORAL AND LEGAL EROSION OF THE TRADITIONAL FAMILY." THE LAW, PASSED THREE YEARS AGO, WOULD PROVIDE FOR HOSPITAL VISITATION FOR ALL DOMESTIC PARTNERS AND SPOUSAL BENEFITS FOR THE PARTNERS OF CITY EMPLOYEES, BUT IT HAS NEVER TAKEN EFFECT. IN EACH PREVIOUS YEAR SINCE ITS PASSAGE, THE WASHINGTON, D.C. DOMESTIC PARTNERS LAW WAS KILLED IN HOUSE COMMITTEES BEFORE THE CITY'S APPROPRIATIONS BILL WENT TO THE FLOOR OF THE HOUSE. [ASSOCIATED PRESS, press releases from THE HUMAN RIGHTS CAMPAIGN and D.C. SHADOW REPRESENTATIVE ELEANOR HOLMES NORTON, and OPENLY-GAY CONGRESSMEMBER BARNEY FRANK's remarks during the House floor debate] ON THE DAY FOLLOWING THE HOUSE VOTE, PROFESSIONAL HOMOPHOBE LOU SHELDON OF THE TRADITIONAL VALUES COALITION GAVE THE HOUSE'S TRADITIONAL OPENING PRAYER. ALTHOUGH SHELDON DID NOT MENTION GAYS AND LESBIANS ON THIS OCCASION, HIS SELECTION WAS PROTESTED BY 22 REPRESENTATIVES. [REUTER NEWS SERVICE and HUMAN RIGHTS CAMPAIGN press release] A U.S. FEDERAL JUDGE IN OCTOBER REFUSED TO RECOGNIZE A GAY MALE COUPLE SEEKING TO FILE A JOINT PETITION FOR BANKRUPTCY, IN A CASE BELIEVED TO BE THE FIRST OF ITS KIND. ALTHOUGH THE UNNAMED COUPLE SHARE MORE THAN 90 PERCENT OF THEIR DEBTS, U.S. BANKRUPTCY JUDGE DAVID KAHN RULED IN ATLANTA, GEORGIA THAT ONLY LEGALLY MARRIED COUPLES COULD FILE JOINTLY. HE BELIEVED THAT TO RULE OTHERWISE WOULD BE TO CREATE A NEW FEDERAL STANDARD FOR MARRIAGE, AND WROTE, "THE COURT FINDS NOTHING IN THE HISTORY OF THIS SECTION TO INDICATE CONGRESS EVER CONTEMPLATED OR ANTICIPATED THAT A SAME-SEX COUPLE WOULD ATTEMPT TO FILE A JOINT PETITION." THIS LEAVES INDEBTED U.S. GAY AND LESBIAN COUPLES WITH THE WORST OF BOTH WORLDS: WHILE THE CURRENT RULING DENIES SAME-GENDER COUPLES THE PROTECTION OF A JOINT FILING, A 1992 RULING IN WASHINGTON STATE AFFIRMED THAT CREDITORS CAN MAKE CLAIMS AGAINST A DEBTOR'S GAY OR LESBIAN PARTNER. [REUTER NEWS SERVICE] COURTS IN BOTH NEW YORK AND NEW JERSEY HAVE GIVEN THEIR STAMP OF APPROVAL TO GAY AND LESBIAN CO-ADOPTIONS OF THEIR PARTNERS' BIOLOGICAL CHILDREN. IN NEW YORK, IT WAS THE STATE'S HIGHEST COURT, IN A 4-TO-3 RULING ISSUED NOVEMBER 2nd, ALLOWING OPEN LESBIAN GAIL MESSINA TO CO-ADOPT THE 5-YEAR-OLD DAUGHTER BY ARTIFICIAL INSEMINATION OF HER PARTNER OF 19 YEARS, PATRICIA IRWIN. THE COURT ALSO ALLOWED AN UNMARRIED HETEROSEXUAL MAN TO CO-ADOPT THE CHILD OF HIS FEMALE PARTNER. MASSACHUSETTS AND VERMONT WERE PREVIOUSLY THE ONLY STATES WHOSE HIGHEST COURTS HAD APPROVED GAY AND LESBIAN CO-ADOPTIONS. JUST A FEW DAYS BEFORE THE NEW YORK RULING, A NEW JERSEY APPEALS COURT RULED 2-TO-1 TO ALLOW A LESBIAN TO CO-ADOPT THE 3-YEAR-OLD TWINS BY ARTIFICAL INSEMINATION OF HER PARTNER OF 14 YEARS. SINCE NO ONE WITH LEGAL STANDING HAS RAISED ANY OBJECTIONS IN THIS CASE, THE DECISION IS UNLIKELY TO BE APPEALED. [ASSOCIATED PRESS and THE NEW YORK TIMES] ALTHOUGH SWEDEN LEGALLY RECOGNIZES GAY AND LESBIAN DOMESTIC PARTNERSHIPS, SAME-GENDER COUPLES ARE STILL ANATHEMA TO MANY LEADERS OF THE SWEDISH LUTHERAN CHURCH. THE LATEST FOCUS OF CONTROVERSY IS THE BLESSING OF A REGISTERED GAY MALE COUPLE IN GOTHENBORG BY CLERGYMEMBER LARS GAARDFELDT, WHO ENDED THE SERVICE SAYING, "AND NOW THE BRIDEGROOMS MAY KISS EACH OTHER." GAARDFELDT PERFORMED THE SERVICE WITHOUT THE APPROVAL OF HIS SUPERIOR. [per cybercorrespondent BJORN SKOLANDER] SWEDEN IS ALSO FAMOUS FOR BEING SEX-POSITIVE, BUT STOCKHOLM POLICE SHUT DOWN A GAY VIDEO CLUB ON OCTOBER 19th IN FRONT OF LOCAL TV CAMERAS. OWNERS OF THE CLUB "BRONX" WERE CHARGED WITH PERMITTING SEX ACTS INSIDE AN X-RATED VIDEO ARCADE. THE CLUB IS EXPECTED TO BE ALLOWED TO RE-OPEN AFTER CHANGING ITS FLOORPLAN. [REX WOCKNER INTERNATIONAL NEWS] LESBIANS WERE THE SUBJECT OF RUSSIA'S FIRST-EVER COURT ACTION PROTECTING THE PRIVACY RIGHTS OF PRISONERS. AT ISSUE WAS THE DEPICTION OF LESBIANISM IN A WOMEN'S PRISON BY RUSSIAN PUBLIC TELEVISION'S NEWS MAGAZINE SHOW "WILD FIELD" IN JUNE. THE RUSSIAN PRESIDENT'S JUDICIAL CHAMBER ON INFORMATION DISPUTES HAS NO POWER TO ENFORCE ITS RULINGS, BUT IT REPRIMANDED PRODUCER ALEKSANDR NEVZOROV AND ADVISED RUSSIAN PUBLIC TELEVISION TO CANCEL THE SHOW. [per cybercorrespondent BJORN SKOLANDER] IN TURKEY, LESBIANS ARE ORGANIZING FOR THE FIRST TIME WITH THE FORMATION OF "SISTERS OF VENUS". THE ISTANBUL-BASED GROUP OFFERS WORKSHOPS AND PUBLIC EDUCATION SPEAKERS. [REX WOCKNER INTERNATIONAL NEWS] THE U.S. HAS GRANTED ASYLUM TO A LESBIAN FROM IRAN ON THE GROUNDS THAT SHE WOULD FACE PERSECUTION AND PROBABLY EXECUTION IN HER HOME COUNTRY. VAHM-E-SABZ IS A POET AND A FEMINIST ACTIVIST WHO IS A MEMBER OF THE IRANIAN LESBIAN, GAY AND BISEXUAL NETWORK AND CURRENTLY INVOLVED WITH THE INTERNATIONAL GAY AND LESBIAN HUMAN RIGHTS COMMISSION. SHE'S BELIEVED TO BE ONLY THE SECOND LESBIAN TO WIN ASYLUM IN THE U.S. ON GROUNDS OF HOMOPHOBIC PERSECUTION. [BAY AREA REPORTER/San Francisco] APPARENTLY IT'S NONE TOO SAFE TO WEAR DRAG IN IRAN, EITHER. ON A BET WITH HIS FATHER, A MAN THERE DRESSED AS A WOMAN AND RODE IN THE SEGREGATED WOMEN'S SECTION AT THE BACK OF A CITY BUS. HE RECEIVED BOTH A BEATING AT THE HANDS OF OFFENDED FEMALE COMMUTERS AND A CONVICTION FOR COMMITTING "AN UGLY AND IMPROPER ACT" CARRYING A SENTENCE OF 20 LASHES. HIS SIZE AND HIS SHOES GAVE HIM AWAY. [SAN FRANCISCO EXAMINER] AND FINALLY ... A MARRIED HETEROSEXUAL COUPLE IN IRELAND WENT TO COURT TO SEEK AN ANNULMENT BECAUSE HE BELIEVES SHE'S A LESBIAN AND SHE BELIEVES HE'S GAY. WITHOUT PRESENTING ANY CONCRETE EVIDENCE, EACH PARTNER CITED A "CLOSE FRIENDSHIP" BY THE OTHER WITH A MEMBER OF THE SAME GENDER, AND THE WOMAN SAID HER HUSBAND SOMETIMES PREFERRED MASTURBATION TO INTERCOURSE. IRELAND'S SUPREME COURT REFUSED TO ANNUL THE 16-YEAR-OLD MARRIAGE, CALLING THE COUPLE'S PROBLEM "AN INADEQUACY OF THE ABILITY TO COMMUNICATE". THE COURT ALSO SAID, "THERE MUST HAVE BEEN A FAIR AMOUNT OF FULL SEXUAL INTERCOURSE", CITING AS EVIDENCE THE COUPLE'S THREE CHILDREN. [from a bylined story by KEITH CLARK in the NEWS-TELEGRAPH/ St. Louis, MO.] ************************************************* Some "THIS WAY OUT" operating expenses are funded by grants from THE C.P. ESTES GUADALUPE FOUNDATION and THE ADVOCATE, the award-winning national gay and lesbian newsmagazine, and by individual donations from listeners worldwide. THIS WAY OUT is a tax-exempt 501(c)(3) nonprofit under the corporate name of OVERNIGHT PRODUCTIONS, INC. -------------------------------------------------------- THIS WAY OUT airs on over 85 public/community radio stations throughout the U.S. and Canada, Australia, New Zealand, the U.K., Denmark, Sweden, The Netherlands, and on global shortwave station Radio For Peace International (RFPI). For a complete Station Carriage List and/or more information, write to THIS WAY OUT at P.O. 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