NewsWrap for the week ending September 6, 2003 (As broadcast on This Way Out program #806, distributed 9-8-03) [Written by Cindy Friedman, with thanks to Graham Underhill, Fenceberry, Rex Wockner, and Greg Gordon] Anchored by Cindy Friedman and Christopher Gaal In a decision with global implications, the United Nations Human Rights Committee has unanimously found that Australia's denial of pension benefits to a gay war veteran's surviving partner violates the International Covenant on Civil and Political Rights, it was announced this week. The quasi-judicial UN panel declared that Australia had illegally discriminated on the basis of sexual orientation and had failed to present any evidence that its differential treatment of heterosexual and same-gender unmarried partners is "reasonable and objective". The international body ordered Australia to reconsider the plaintiff's case without discrimination -- and if necessary to amend its laws to achieve that. It further asserted that Australia "is under an obligation to ensure that similar violations of the Covenant do not occur in the future." That may extend the impact of the ruling beyond veterans' entitlements into many other areas of Australian federal law that use a similar exclusively heterosexual definition of "couple," including taxation, social security and old age benefits. Australia has 90 days to respond with an action plan for compliance. Australian Lawyers for Human Rights president Simon Rice told the Australian Associated Press the ruling is "an authoritative decision in international law. Australia either acts with respect for international law ... amends the law in order to give equality to same-sex couples, or Australia snubs international law." The plaintiff in the current UN case is Edward Young of Sydney, whose partner of 38 years, World War II veteran Larry Cains, died 5 years ago. Young took his case to the UN Human Rights Committee 4 years ago after Australia's Department of Veterans Affairs rejected his application for pension benefits because they were not a heterosexual couple. Young said, "I did not apply for the pension for the sake of the money. It was a matter of principle, justice and equality before the law. The government was refusing to honor Larry's war service and was refusing to treat him the same as heterosexual veterans. The Government seems to think it is OK for gay men and lesbians to fight and die for their country, but still wants to treat us like second-class citizens when it comes to recognizing our relationships." Gays and lesbians have been free to serve openly in the Australian Defence Forces for a decade. In response to the UN ruling, openly gay Australian Senator from West Australia Brian Greig announced that his Australian Democratic Party will reintroduce its equality legislation, called the Sexuality and Gender Status Discrimination Bill, which both the ruling Coalition and the Australian Labor Party have failed to support since 1995. The European Parliament this week called on its member nations to establish full equal marriage and adoption rights for gay and lesbian couples. Although the EP has previously taken stands in support of legal recognition of same-gender couples, this recommendation for marriage and adoption is a first, with a similar move having failed just last year. The action came in the form of approving the EP's annual human rights review, "Fundamental Rights in the EU in 2002", which included a statement that member states should "abolish all forms of discrimination -- whether legislative or de facto -- which are still suffered by homosexuals, in particular as regards the rights to marry and adopt children." Only the Netherlands and Belgium have extended marriage to gay and lesbian couples, although 7 other European Union countries offer substantive registered partnerships. Although the EP report does not carry legal weight with member nations, the marriage and adoption statement generated heated debate. The vote was 50% of delegates in support, 44% opposed and 5% abstaining. Obviously this action put the EP in direct opposition to a recent Vatican document, which harshly denounced legal recognition of same-gender couples and specifically called on politicians to block it. So it's not surprising that on the very same day, the EP adopted a resolution expressing disapproval of the Roman Catholic Church's attempt to interfere in politics. But this week it was the Russian Orthodox Church that was in an uproar over a gay marriage. In what's believed to be a first for that 1,000-year-old denomination, Father Vladimir performed a private marriage ceremony in a chapel in the Volga River city of Nizhny Novgorod for Denis Gogolev and Mikhail Borozov. After what the church called a thorough investigation, the local bishop defrocked Father Vladimir for sacrilege. The diocese declared in a press release that, "The Russian Orthodox Church is against single-sex marriages and condemns homosexual relations as a deadly sin." The church also called the wedding a "provocation to call public attention to homosexual marriages," and that does seem to be the couple's intention. Gogolev was quoted by the BBC as saying, "Misha and I want to show that gays can and should live in Russia, and quite openly." The BBC also identified both men as candidates in December's parliamentary elections. Other Russian religious leaders joined in condemning gay and lesbian marriage. Reports are inconsistent as to whether the priest simply accepted the couple or had actually been expecting Gogolev to bring a bride rather than a groom. But apparently the 15,000 roubles paid for his services was remarkably high. The bishops of North America's 9 major Orthodox Christian churches declared their opposition to same-gender marriages last week. The Standing Conference of the Canonical Orthodox Bishops in the Americas, led by Greek Orthodox Archbishop Demetrios, issued a statement expressing their "deep concern" at the prospect of legal gay and lesbian marriage, and asserting that they "cannot and will not bless same-sex unions." They said, "[M]arriage is necessarily monogamous and heterosexual. Today, however, this divine purpose is increasingly questioned, challenged or even denied, even within some faith communities, as social and political pressures work to normalize, legalize and even sanctify same-sex unions." They labelled that situation a "moral crisis." Egypt's Orthodox Coptic church also took a formal stand this week against same-gender marriages and ordination of gay clergy. Responding in part to openly partnered U.S. gay Gene Robinson becoming the Anglican Bishop of New Hampshire, a synod chaired by Pope Shenuda III issued a statement published by the national MENA news service, saying, "These moves run against the teachings of the holy book, they threaten the stability of marriage, the formation of the family, the morality of society, the sanctity of the church and the future of ecumenical efforts. Therefore we strongly condemn and oppose the marriage between homosexuals and their ordination in the clergy." Estimates of Egypt's Copts range from less than 6 to more than 10 million people. In a call to return to what he called Islam's "true teachings," Malaysia's Prime Minister Mahathir Mohamad also reacted to Robinson's elevation in his last nationally-televised Independence Day address. Mahathir is scheduled to step down in November after 22 years as PM. He became the subject of international criticism after the 1998 imprisonment of his protege and heir-apparent Anwar Ibrahim on sodomy charges that were widely believed to be fabricated by a political conspiracy. Mahathir is still something of a hero in Malaysia, though, and a huge crowd turned out for a massive celebration that was largely devoted to honoring him. In his speech, Mahathir blamed Malaysia's rising crime rates and other problems on the influence of the morally declining West. He said, "Western films idolize sex, violence, murders and wars. Now they permit homosexual practices and accept religious leaders with openly gay lifestyles. They are very angry -- especially their reporters, many of whom are homosexuals -- when we take legal action against such practices." Malaysia's sodomy law provides for up to 20 years imprisonment plus flogging, and Mahathir warned that, "[I]f there are any homosexuals in Malaysia they had better mend their ways." Mahathir said Western-style democracy and civil rights aren't suitable for Malaysia. And finally... the highly politicized marriage debate in the U.S. this week centered on hearings by the Senate Judiciary Committee's Subcommittee on the Constitution. Its chair Texas Republican Senator John Cornyn says he called them to determine if there is a need to buttress the 1996 Defense of Marriage Act. That law bars the federal government from recognizing same-gender couples, as well as allowing the states to ignore any gay or lesbian marriage another state may someday perform. Many viewed the hearings as a move to advance a one man-one woman marriage amendment to the U.S. Constitution, which has been introduced in the House but not yet in the Senate. The hearings were also widely viewed as a way for Republicans to force Democrats to publicly declare their positions on a potential "wedge issue". Cornyn denied he was pressing for the amendment, but it seemed to be the main concern of those actually giving testimony at the hearing. The subcommittee's Democrats also had no trouble speaking out against the amendment, as opposed to speaking out for equal marriage rights. One witness -- selected by a Democratic committee member -- was Keith Bradkowski, who lost his partner of 11 years, pilot Jeff Collman, in one of the four planes highjacked by terrorists on September 11, 2001. Bradkowski detailed the difficulties he had proving his relationship after Collman's death because marriage had not been available to them. "Jeff died without a will, which meant that while I dealt with losing him, I also had huge anxiety about maintaining the home we shared together. Without a marriage license to prove I was Jeff's next of kin, even inheriting basic household possessions became a legal nightmare. The terorists who attacked this country killed people not because they were gay or straight -- but because they were Americans." He said, "Jeff and I only sought to love and take care of each other. I do not understand why that is a threat to some people." "Two years ago, we were all united against the common threat of terrorism. Now, less than two years later, I am sitting here and being told my relationship was a threat to our country."