NewsWrap
for the 2 weeks ending January 1, 2000
(As broadcast on This Way Out program #614, distributed 01-03-00)
[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 Leo Garcia

  The Vermont Supreme Court on December 20 ordered the state legislature to 
grant same-gender couples all the benefits of marriage, becoming the first 
U.S. court at this level to do so.  The court agreed unanimously that denying 
to gay and lesbian couples the more than 300 advantages of marriage under 
state law violates the Vermont state constitution's Common Benefits Clause.  
Chief Justice Jeffrey Amestoy wrote for the court that, "The extension of the 
Common Benefits Clause to acknowledge plaintiffs as Vermonters who seek 
nothing more, nor less, than legal protection and security for their avowed 
commitment to an intimate and lasting human relationship is simply, when all 
is said and done, a recognition of our common humanity."
Because the state's highest court based its ruling on the state constitution, 
there is no further appeal.
The lawsuit was brought by two lesbian couples and a gay male couple who were 
all denied marriage licenses in 1997.  They were assisted by Gay and Lesbian 
Advocates and Defenders and the Vermont Freedom to Marry Coalition.
The Vermont high court left it to the legislature to choose between extending 
the state's existing marriage law to include gay and lesbian couples or 
creating a separate-but-equal domestic partnership system. 
The state's politicians so far are generally eager to adopt the domestic 
partnership alternative -- so much so, that Vermont's lone openly gay 
lawmaker, Democratic Representative William Lippert, Junior, only hopes that 
equal marriage rights will receive any serious consideration at all.  
The Vermont legislature convenes this week and its session will continue 
through May.  Since the agenda was already full, some lawmakers are already 
questioning whether there will be time to complete work on this 
ground-breaking legislation.  The court ordered the legislature to act in a 
timely fashion but did not set a specific deadline.

  The Vermont ruling brought a new level of attention to moves elsewhere to 
deny legal recognition to same-gender marriages another state may someday 
perform.  In the wake of a landmark 1993 ruling by the Hawai'i Supreme Court, 
some 30 states and the federal government quickly passed such laws.  A bill 
to reject other states' gay and lesbian marriages had already been filed in 
New Hampshire before the ruling was handed down in neighboring Vermont.

  Californians will be voting in March to amend their state constitution to 
restrict legal recognition to heterosexual marriages.  The Los Angeles County 
Board of Supervisors has voted 3-to-2 to urge opposition to Proposition 22, 
officially titled "Limit on Marriage" but also known as the Knight Initiative 
for the state senator who proposed it.  Recent polling has shown a scant 51 
percent majority supporting Proposition 22, but major advertising has yet to 
begin in this multi-million-dollar campaign.

  A similar initiative in Colorado has passed its first hurdle, winning 
approval from the Secretary of State's office.  If it survives a 30-day 
challenge period, its proponents, Coloradans for Traditional Marriage, will 
have to collect nearly 64,000 signatures to place it on the ballot.

  In an even earlier stage is a similar initiative in Nevada, where the 
Coalition for the Protection of Marriage has yet to file a petition with the 
state.  That group hopes to put the measure before voters in November, but 
will have to collect more than 44,000 signatures to do so.

  In other U.S. couples news, Texas Attorney General John Cornyn has ruled 
that county clerks may not file affidavits of domestic partnerships.  Travis 
County had filed the documents since 1993, primarily for employees of the 
City of Austin, which offers domestic partner benefits.  Travis County 
officials are now considering whether they can continue the registry.  The 
question was brought to the state attorney general after San Antonio gay 
activist Michael McGowan inquired about registering couples in Bexar County.

  The Washington Federation of State Employees has filed a legal claim 
demanding spousal health coverage for the same-gender partners of the state's 
gay and lesbian workers.  The statewide union is hoping to win the policy 
change without going to court, but it will definitely require a ruling by the 
state's Health Care Authority and likely expanded funding from the state 
legislature as well.

  New Zealand's new Government has announced that it will proceed with a bill 
to give gay and lesbian couples access to the courts to determine division of 
property when they break up.  The modification to the De Facto Relationships 
(Property) Bill has been in the works for some time, but the outgoing 
Government had delayed it while accepting public comment on a broader range 
of issues of legal recognition of same-gender couples.

  In a case from Portugal, the European Court of Human Rights has ruled that 
sexual orientation should not influence child custody and visitation 
decisions.  Joao Manuel Salgueiro de Silva Mouta turned to the EuroCourt 
after the Lisbon Court of Appeal gave his ex-wife custody of their daughter 
and allowed him visitation only if he hid that he is gay and lives with his 
male partner.  The Lisbon court had written that homosexuality is "an 
abnormality, and children must not grow up in the shadow of abnormal 
situations."  The European Court found that was discriminatory and violated 
de Silva Mouta's right to privacy under the European Convention on Human 
Rights.  The ruling can be expected to influence public policy of the 
European Union's member states.

  In Australia, Melbourne's Roman Catholic Archbishop George Pell became a 
center of controversy again this week.  His vicar-general distributed to 
Melbourne's 300 priests pamphlets promoting the group Courage for those 
"struggling with a homosexual orientation" who wish to live a "chaste life in 
accordance with the teachings of the Catholic Church."  The pamphlets said 
the group had Pell's blessings.  But while some Courage groups are primarily 
devoted to supporting lives of celibacy, Courage literature and its U.S. 
founder claim it is possible and even common for gays and lesbians to "get 
rid of the homosexual condition" and "leave behind not only the homosexual 
lifestyle but also the very feeling of same-sex attraction."  Activists in 
the state of Victoria and beyond denounced the notion of homosexuality as an 
illness that can be cured, calling it an outdated psychology which 
contributes to young gays' and lesbians' suicide risk.  

  Ironically, at the same time the Melbourne archdiocese was embracing the 
Courage group, Melbourne's main representative for Exodus International was 
severing its ties with that Christian organization purporting to change 
sexual orientation.   The South Melbourne Restoration Community did not wish 
to get involved in Exodus' anti-gay political agenda, and wants to devote 
less of its resources to sexual issues and more to helping the poor.

  In Britain, the Christian Channel has been fined 20,000 pounds for 
violating four elements of the Advertising Code with a single ad.  Promoting 
a rally by visiting U.S. evangelist Morris Cerullo, the ad entitled 
"Christian Warfare" described homosexuality as an "abomination" and implied 
that gays and lesbians should not hold high office.  The Independent 
Television Commission found that to be prejudicial against "respect for human 
dignity."  Other elements of the ad were found to violate standards of 
political impartiality, to denigrate other religious beliefs, and to 
potentially frighten viewers.  The hefty size of the fine reflected that the 
problem occurred despite the Commission having given the Christian Channel 
extensive guidance in the wake of two prior formal complaints regarding 
violations of the Program Code.

  Also in Britain, Conservative Party division over gay issues reached a new 
low as Witney's Member of Parliament Shaun Woodward crossed the aisle to join 
the Labour Party.  Until December 2, Woodward had been the Party's 
spokesperson in the Commons on London affairs and was viewed as one of its 
rising stars.  But then he was unceremoniously dumped from his leadership 
role as he sought to craft a compromise on Section 28, the notorious ban on 
"promotion of homosexuality" by local governments and schools, which Labour 
intends to repeal and Conservative leaders had determined to defend.  
Woodward, like others including both the Conservatives' possible candidates 
for London mayor, believes Section 28 has blocked educators from intervening 
in anti-gay harassment in schools.

  And finally ... the turning of the year, the century and the millennium 
inevitably generates "Best Of" lists and similar honors, and gays and 
lesbians were certainly among them -- from Liberace as one of the Top 
Pianists of the Century to Billie Jean King, Martina Navratilova and Greg 
Louganis as Athletes of the Century.  The Canadian edition of TIME magazine 
declared the Canadian Supreme Court its Man of the Year, in part for its 
landmark ruling in "M v. H" that gave legal recognition to gay and lesbian 
couples ... while Ottawa's satirical "Frank" magazine gave openly gay Member 
of Parliament Svend Robinson fifth ranking on its Top 100 Wankers list, where 
standing was determined by "pomposity times hypocrisy divided by influence."  
But perhaps the one listing that no one is likely to argue with is the top of 
Fineman Associates Public Relations' set of the Year's Worst Public Relations 
Gaffes:  religious right leader Jerry Falwell's "National Liberty Journal's" 
"outing" of Teletubby Tinky Winky.  Televangelist Pat Robertson busting his 
multimillion dollar deal with the Bank of Scotland with his gay-bashing 
critique of Scotland on his TV show was only number 7.