NewsWrap for the week ending December 11, 1999 (As broadcast on This Way Out program #611, distributed 12-13-99) [Written by Cindy Friedman, with thanks to Graham Underhill, Chris Ambidge, Martin Rice, Brian Nunes, Jason Lin, Rex Wockner, Greg Gordon & Lucia Chappelle] Anchored by Cindy Friedman and Jon Beaupré Hawai’i's Supreme Court this week closed the book on a nine-year struggle to win equal marriage rights for gays and lesbians. The judges agreed unanimously that last year's successful ballot initiative to amend the state constitution to restrict legal marriage to heterosexual couples takes precedence over same-gender couple's civil rights, and reversed the plaintiff couples' 1996 Circuit Court victory. That led Evan Wolfson of Lambda Legal Defense and Education Fund, who served as co-counsel for the three plaintiff couples in the later years of the case, to remark that, "Raw power politics and the fierce sustained campaign of our opponents prevented us from achieving full equality in this century." Yet the state's high court did not reverse its own 1993 ruling that denying marriage to same-gender couples violates the state constitution's ban on gender discrimination. One justice argued strongly that it should, in a concurring opinion, but the others responded to him in a footnote that seemed to reaffirm the 1993 decision. Dan Foley, the non-gay private attorney who has represented the couples throughout the case, said, "The way I read the opinion is that same-sex couples now are entitled to all the rights and benefits of marriage, and if the Legislature doesn't extend it to them, the state will be litigating into the next millennium. ... Every time a same-sex couple is denied a right or benefit granted to a married couple, there will be a lawsuit." The case, known as "Baehr" for one of the defendants, not only pre-occupied the Hawai'i legislature for several years, but sparked legislation across the country. In 1996, the so-called Defense of Marriage Act was passed at the federal level to allow states to ignore another state's gay and lesbian marriages. Thirty states acted to prohibit legal recognition of same-gender marriages another state might someday perform, and Californians will be voting on a ballot measure to that effect in March. The momentum behind such legislation has slowed, with only one of 16 bills against same-gender marriage passing in the states this year. The public debate has also been shifting opinion, and one recent poll found that now two-thirds of Americans expect legal gay and lesbian marriages in the future. It was also a disappointing week for same-gender couples in Australia. Democratic Senator Andrew Bartlett proposed a measure requiring the Government to detail legislative changes required to ensure equal treatment of gay and lesbian couples with respect to pensions and taxation. Prime Minister John Howard ordered the ruling Coalition to stop the move, maintaining his government's position against any extension of minority rights. That ended the hopes of gays and lesbians for progress against discrimination under this administration. However, legislation is in progress in several Australian states to recognize same-gender couples for property and other rights. Scotland's Government is also moving towards recognizing gay and lesbian couples in at least two areas. This week a clause was added to the Adults With Incapacity Bill to allow a same-gender domestic partner to be legally recognized as "nearest relative" when the other partner becomes disabled. Scotland's Cabinet is now looking at giving surviving same-gender domestic partners the right to retain tenancy in public housing units in a deceased partner's name. Establishing registered domestic partnerships for same-gender couples with rights equal to legal marriage was recommended this week by New Zealand's Law Commission. While the advisory body wanted to avoid giving offense to those with traditional views of marriage, it wrote that registration should "have the same effect as a marriage" in every respect and must not be considered inferior to marriage. Openly gay Member of Parliament Chris Carter supports this approach, saying that opening traditional marriage to same-gender couples is an issue that's "too emotional." Prime Minister-elect Helen Clark has said that she would be willing to support legal marriage for same-gender couples. The Law Commission will be submitting its recommendations to the Ministry of Justice, but is withholding its opinion on adoptions by same-gender couples until later in the period for public comment on a Government discussion paper. The merger between oil giants Exxon and Mobil has proved a step backward for gays and lesbians among the more than 120,000 employees involved. Mobil had been viewed as a gay-friendly corporation because it offered spousal benefits to gay and lesbian workers' domestic partners and because its anti-discrimination policies specified sexual orientation as a protected category. This week it was announced that while Mobil employees already enrolled for domestic partner benefits would continue to receive them, no new enrollments for those benefits would be accepted. The company said it did not want the responsibility of determining "the legitimacy of relationships." This is believed to be only the second time that a major U.S. corporation has rolled back domestic partner benefits; the first was Perot Systems, when Ross Perot resumed its management. In addition, the merged Exxon Mobil Corporation does not specify sexual orientation in any of its anti-discrimination or anti-harassment policies, which name nine other categories. Nonetheless, the merged company insists that its policies will protect gays and lesbians from discrimination. The school board of Orange, California voted unanimously to reject El Modena High School students' application to form a Gay Straight Alliance club. The students had already filed a discrimination lawsuit because their application had been put through a process different from any other prospective club at the school, including a public hearing before the school board. Although U.S. law requires that schools receiving federal funding must provide access to all non-curriculum-related clubs if they allow it to any, the Orange board believes it has found a loophole. It is taking a position that the Gay Straight Alliance is actually a curriculum-related club, the curriculum in question being sex education, which is closely regulated under state laws. In three other cases around the country where the legal system became involved in disputes over gay clubs in schools, the federal law prevailed. The Orange school board is believed to be the only one in California to take an official position against this year's successful state bill to prohibit discrimination and harrassment of students based on sexual orientation. Gay and lesbian issues in schools were also the subject of debate in Britain's House of Lords this week, in the second reading of the Labour Government's bill to repeal the notorious Section 28. That never-enforced Thatcher era relic prohibits "promotion of homosexuality" by schools or local governments. Its opponents maintain that it has served to prevent educators from intervening in homophobic harrassment or assisting students who are lesbian, gay, bisexual, transgendered, or questioning. As Environment Minister Lord Whitty said in presenting the Government's bill, "This was an unfortunate piece of legislation. Rather than protecting children, it does exactly the reverse." Lord Harris said Section 28 "attacked a mirage, something which was not happening." But Conservative Baroness Young, who led the Lords to twice defeat measures to equalize the age of consent, promised a hard fight against what she called "playing politics with children." Conservative Baroness Knight described two sexually explicit illustrated books which parents had told her had been given to their children, leading her to sponsor the first version of Section 28 in 1987. Although the Conservative Party is enforcing its highest level of discipline to require its members in the House of Commons to oppose repeal of Section 28, it's taking quite a different stand on those vying for the party's nomination for Mayor of London. Steven Norris, seen by oddsmakers as the only Tory with a chance of winning, has been assured he can continue his long-time vocal opposition to Section 28. But Teresa Gorman, who applied at the last minute specifically to support Section 28 in opposition to Norris, was immediately cut from the list by the party's London selection committee. Private Calvin Glover was found guilty this week of premeditated murder in the July bashing death of Private First Class Barry Winchell at Fort Campbell. Winchell's death is believed to be the first gay-bashing murder in the U.S. military since the "Don't Ask, Don't Tell" policy was adopted in 1994. The prosecution at the court-martial specifically cited homophobia as part of Glover's motivation. 18-year-old Glover was sentenced to life with the possibility of parole, but the post commander has the authority to change both the conviction and the sentence. In the sentencing phase of the hearing, Winchell's parents denounced the "Don't Ask, Don't Tell" policy as providing no protection for their son or anyone else's child. Glover's accused accomplice, Specialist Justin Fisher, will be tried in the coming week. Also found guilty and given life sentences this week were the two killers of a 14-year-old boy in New Zealand. According to testimony, Jason Meads and Stephen Smith were laughing afterwards about the damage they had done to what they called a "faggot." The death of Jeff Whittington brought a new level of public attention to anti-gay violence in Wellington. And finally... former British Defence Minister Michael Portillo, recently returned to Parliament by a special election in Kensington-Chelsea after proclaiming that he had had past affairs with other men, chose a rather unusual topic for part of his first speech on the floor, known as his maiden speech. He demonstrated an Australian product, an inflatable pillow known as "The Portillo," indicating that he shared more with it than just his name. He read from the package, "Portillo for unrivalled comfort. Portillo for ease and convenience. 1001 uses." He posed as a warning to Members the instruction, "The rolled up Portillo is simple to have bounce back to its full size and shape." He also remarked that it is only in politics that one gets to be a "maiden" more than once.