NewsWrap for the week ending February 28th, 1998 (As broadcast on THIS WAY OUT Program #518, distributed 03-02-98) [Compiled & written by Cindy Friedman, with thanks to Graham Underhill, Brian Nunes, Jason Lin, Martin Rice, Alan Reekie, Hein Verkerk, Rex Wockner, Greg Gordon & Lucia Chappelle] Anchored by David Hunt and Cindy Friedman An Alaska judge this week declared that the choice of a partner is a fundamental right protected by the constitution, and that gay and lesbian marriages must be allowed unless the state can prove a "compelling" interest in prohibiting them. Superior Court Judge Peter Michalski found merit in a case filed by gay couple Jay Brause and Gene Dugan, who were denied a marriage license in 1994, and rejected the state's request for its dismissal. Alaska is expected to appeal the decision to the state Supreme Court. The couple claim they are entitled to marry by the U.S. Constitution's guarantee of equal treatment under the law and the Alaska state constitution's strong privacy rights. "Compelling state interest" is the highest standard of proof the law can require, one the Hawai'i state attorney general failed to meet in defending marriage discrimination there. Hawai’i's House of Representatives this week decided unanimously to ask voters once again if they believe the state should hold a Constitutional Convention. Such a convention is universally expected to result in a constitutional amendment reserving marriage for heteroseuxal couples only. The state Senate is also expected to approve the measure to place a referendum on the November ballot for the so-called "ConCon". The same question was before the voters in 1996, when a small majority of votes cast supported the ConCon, but a very much larger number of voters abstained, a situation which has left the outcome mired in the courts ever since. The November 1998 ballot will already include a separate initiative to authorize the state legislature to amend the constitution to restrict marriage to unions of "one man and one woman." The European Parliament in mid-February adopted a resolution strongly supporting equal treatment of same-gender couples. The Parliament voted by a 3-to-2 margin to adopt its Annual Report on Human Rights for 1996. That report included a statement that the European Parliament "Calls on all Member States to recognize equal rights for homosexuals, notably through the establishment ... of civil union contracts aimed at eliminating all forms of discrimination still suffered by homosexuals, in particular as regards tax, inheritance, social rights, etc., and through information and education, to help combat prejudice to which they are subject in society." It also called for the European bodies to act "without delay so as to guarantee non-married partners the same rights as those granted to spouses" in their own staff regulations. Ironically, that vote came at almost the same time that the European Court of Justice was issuing a ruling against Briton Lisa Grant, finding that her employer had not illegally discriminated against her in denying her partner a spousal travel benefit. The European Court of Human Rights this week heard arguments from two British transsexuals demanding new birth certificates reflecting their reassigned sex. Britain is unique among European nations in that its socialized medicine supports sex reassignment surgery but its government won't issue new birth certificates. The British government argues that the birth certificates are a historical record of the sex indicated at birth, but the plaintiffs argue that violates their right under European law to "respect for privacy and family life." Rosa Horsham emigrated to The Netherlands in order to marry a man, but fears that marriage would not be recognized if she returns to Britain. Kristina Sheffield's wife not only divorced her but obtained a court order to deny her any access to their child. Sheffield also lost her job as a pilot and believes she will never be hired to fly again as long as her birth certificate shows her to be a male. The European Commission on Human Rights supported the plaintiffs by 15-to-1, but that finding is not binding on the court. Three men convicted by an Islamic court in Afghanistan for having sex with boys, this week survived an attempt to execute them. Although most capital crimes in Afghanistan are punished by stoning, and some by hanging, tradition prescribes that homosexual acts be punished either by means of throwing convicts off of a high roof or hill, or by burying them beside a wall and toppling it onto them. Taliban leader Mullah Mohammad Omar ordered the second method, and a tank was used to push a wall onto the men in a public ceremony at Kotal Morcha. When they were dug up a half-hour later, it was found that the men were still alive, which under Koranic law automatically granted them a reprieve. They were taken to a nearby hospital for treatment, but details of their injuries have not been reported. This may have been the first execution for sodomy ordered since the Taliban took control of Afghanistan in 1996; more typically, gay men have been punished by the shame of having to stand for hours in a public area in blackface. Eleven pending charges of sexual assaults against other men are not stopping Zimbabwe's former president Canaan Banana from leaving his country. The high court granted him permission to obtain medical treatment at the Walter Reed Army Medical Center in Washington, D.C. for a condition which has not been made public. To secure his return, prosecutors had originally requested a new bail bond of 500,000 Zimbabwe dollars, but settled for increasing his current bond to Z$30,000 and a refundable deposit of Z$50,000. Banana said his only income is a pension of Z$108,000 per year, which is equal to about 6,300 U.S. dollars. The high court was scheduled to hear arguments March 6th as to whether it is possible for Banana to receive a fair trial in the wake of extensive media coverage of the charges against him. The long-running discrimination lawsuit by San Francisco's gay American Legion group against other units of the national veteran's organization has been settled out of court. The California American Legion paid an undisclosed amount to the gay Alexander Hamilton Post, without admitting any liability on the part of any of the units named in the lawsuit. Each of the defendant units agreed to prohibit future homophobic actions and statements in their offices and meetings. In Australia, the 20th annual Sydney Gay and Lesbian Mardi Gras Parade drew its largest crowd yet in an event police praised as unrivalled for public safety. More than 700,000 spectators turned out to watch about 7,000 marchers and 270 floats, and saved their most enthusiastic applause for the first contingent of uniformed police officers ever to appear in the parade. For the occasion, the Centrepoint Tower was lighted with an extra 70,000 watts shining through bright pink gels. Apparently homophobic politician Fred Nile's plan for a Christian group to blockade the march did not materialize, and his prayers for rain were not answered. The parade was also broadcast live for two hours on the World Wide Web for the first time. It was a truly fabulous week for openly gay singer-songwriter Elton John. He won Best Male Vocal Performance of the Year for his recording of "Candle in the Wind 1997" at the Grammy Awards, apparently the only open gay or lesbian to win there. And he was officially invested as a Knight Bachelor by Queen Elizabeth at Buckingham Palace. John put aside his more flamboyant outfits in favor of a formal morning suit, to kneel and receive the touch of the traditional sword on each shoulder, with his partner David Furnish, his mother and his step-father looking on. John was bursting with pride at the honor, but the Lord Chamberlain helped to keep him from getting too much of a swelled head by formally introducing him as "John Elton." And finally ... it wasn't a typical event this week at Bangkok's Lumpini Stadium, the Madison Square Garden of Muay Thai kickboxing. Young Parinya Kiatbusaba was making his big-time debut after amassing a record of 20 wins and 2 losses in the provinces. The 16-year-old welterweight is a beautiful katoey, or cross-dresser. At the weigh-in, where the boxers are required to strip naked, Parinya burst into tears, until officials relented to the point of allowing him to retain his briefs. In the usual pre-fight banter, he said, "I would like to warn my opponent not to get distracted by my eyes or my smile because this smile has knocked out 18 boxers in 22 fights in the last two years." "Oven" Bunma responded, "I will not be shaken by his smile tonight. I will give him a big lesson so that he will learn that Muay Thai is the game of a real man." Oven then gave a mocking little hug to Parinya, who went into the ring wearing full makeup and pink nail polish. But five rounds later it was Oven who was battered, and Parinya gave him a kiss on the cheek. "I had a big fight today and proved that I can do it like a man, even though my feelings deep inside are very feminine," Parinya said. He took a cut over one eye, but said, "If I was afraid about my face I woudln't fight," although he plans to spend some of his prize money -- 40,000 baht, or about $900 U.S. -- on cosmetic surgery. However, he admitted in a post-fight interview that, "I don't want to fight with a handsome man because I won't want to hurt him."