NewsWrap for the week ending November 8, 2003 (As broadcast on This Way Out program #815, distributed 11-10-03) [Written by Cindy Friedman, with thanks to Graham Underhill, Fenceberry, Rex Wockner, and Greg Gordon] Anchored by Cindy Friedman and Dean Elzinga A ban on sexual orientation discrimination this week squeaked through the Legislative Assembly of the Canadian territory of Nunavut. The eastern Arctic area was only organized as a territory in 1999, and so is the last Canadian federal jurisdiction to explicitly protect the civil rights of gays and lesbians. The Nunavut Human Rights Act, first introduced by the Government a year ago, includes other protected categories. But it was only "sexual orientation" that divided the Assemblymembers, and they spent a full five hours debating it. A proposed amendment to delete the controversial category was defeated 9-to-7 only after the Assembly's law clerk advised the group that the courts would reinsert it. The final vote to adopt the Human Rights Act was 10-to-8. Along with the usual objections relating to seemingly endorsing homosexuality and confusing it with pedophilia, some opponents declared it to be a cultural issue for the native Inuit. But supporters countered that there are Inuit gays and lesbians. Concerns were also raised about gay and lesbian marriages, although they are not part of the territorial Human Rights Act. Premier Paul Okalik told the Assembly the previous week that Nunavut will not be marrying same-gender couples until such time as pending federal legislation may require it. However, Nunavut will recognize gay and lesbian marriages performed elsewhere in Canada -- currently in the provinces of Ontario and British Columbia -- including handling their dissolutions in its territorial courts. Another quirk of divorce law has emerged in the U.S. state of New Hampshire, where the state Supreme Court this week determined that a heterosexually married woman's lesbian affair does not constitute adultery there. The justices were divided 3-to-2 as they reversed a Family Court judge's decision. Unlike some other states, New Hampshire law lacks a definition of adultery. So the high court majority relied on a "Webster's Dictionary" definition that referred to intercourse and on a case from 1878 that described adultery as "intercourse from which spurious issue may arise." Maine's Supreme Judicial Court issued an opinion this week that should clarify that lesbians and gays can qualify to legally co-adopt their partners' biological children. In the case of a lesbian couple who'd borne a child through artificial insemination and an anonymous sperm donor, the court found that probate judges should consider only the best interests of the child when they rule on filings for co-guardianship status. While sending the specific case back to probate court, the state high court's opinion said it is "not in doubt" that the partner's bid could be legal. A high-profile lawsuit filed by seven gay and lesbian couples seeking equal marriage rights in New Jersey was dismissed by a trial court judge this week. Lambda Legal Defense and Education Fund, which is representing the couples, had always assumed the case was headed for the state Supreme Court, and so was pleased that the lower court decision came relatively quickly and will speed the appeal. The case could go next either directly to the high court or to an intermediate appellate panel. Lambda is arguing that the state constitution's guarantee of equal protection under the law requires equal marriage rights. Superior Court Judge Linda Feinberg rejected that argument and found that New Jersey law defines marriage as between heterosexual couples. She declared that it's up to legislators rather than the courts to change that. But she did explicitly urge New Jersey's lawmakers "to carefully examine and consider the expanded rights afforded to same-sex couples in other jurisdictions." Wisconsin's state Senate this week followed the Assembly in approving a bill to restrict legal recognition of marriage to heterosexual couples only, but Democratic Governor Jim Doyle quickly vetoed it. Doyle joins only former Colorado Governor Roy Romer and former Washington Governor Gary Locke, both Democrats, in vetoing similar measures. In fact both Romer and Locke vetoed them twice. Doyle's veto message labeled the bill "mean-spirited," "redundant and unnecessary." He went on to say, "This bill is just another example of the Legislature focusing its time and energy on divisive, mean-spirited bills that do nothing to grow Wisconsin's economy, make health care more affordable and accessible, or improve our public schools." Elections were held in some U.S. states this week, with some positive results for gays and lesbians. The Ohio town of Cleveland Heights became the first in the nation to approve a domestic partners registry with a public ballot. In unofficial results, about 55% of voters supported the registry. The registry -- expected to open early next year -- will provide an official city record and a certificate to couples regardless of gender, but will carry no legal weight. Cleveland Heights' City Council had previously made the suburb Ohio's first city to extend spousal benefits to the domestic partners of its civil servants, and had unanimously approved the petition to place the registry question on the ballot. Gathering signatures on that petition and stumping hard for passage was the group Heights Families for Equality. HFE had previously blocked a right-wing move for a ballot initiative to repeal the city's domestic partner benefits. The group had some financial and other support from the Human Rights Campaign and from the National Gay and Lesbian Task Force, which is now encouraged to try a similar approach elsewhere. Nationally, 16 of 24 openly gay or lesbian candidates backed by the Victory Fund political action committee in races this week either won office outright or made the cut for runoff votes. Adam Ebbin became the first open gay or lesbian ever to be elected to Virginia's state House of Delegates. After winning a hotly contested Democratic primary, he ran without Republican opposition to represent a liberal Alexandria area district in that generally conservative state, which has only previously elected 2 open gays to local offices. Ron Oden was elected the nation's first openly gay African-American mayor by voters in Palm Springs, California, beating out a two-term incumbent apparently by a margin of less than 3%. Despite its significant gay and lesbian population, Palm Springs has never before had either an openly gay or an African-American mayor. Palm Springs also voted open gay Steve Pougnet and open lesbian Ginny Foat on to its City Council. Also in California, open lesbian Ruth Atkin was returned to the Emeryville City Council. But in San Francisco's field of 9 mayoral candidates, neither open gay Tom Ammiano nor open lesbian Susan Leal made the cut for an upcoming runoff election. In New York City, open lesbian Christine Quinn and open gay Philip Reed were both returned to the City Council. In Suffolk County, New York, open gay John Cooper was returned to the County Legislature. In Michigan, open gay Craig Covey was returned to the Ferndale City Council. In Georgia, open lesbian Kecia Cunningham was returned to the Decatur City Commission. Open gay Tom Rasmussen defeated an incumbent to take a seat on the Seattle, Washington City Council. In late October local elections in Israel, open gay Itai Pincas was elected to replace open lesbian Michal Eden on the Tel Aviv City Council. Eden was the first openly gay or lesbian candidate ever elected to a city council in Israel, and Pincas is only the second openly gay man elected to such office, following Saar Netanel in Jerusalem. Both had the support of the Meretz Party, and Pincas owes his success in part to a gay and lesbian community who turn out to vote in much stronger percentages than the general population. And finally... Conservative Member of the British Parliament Michael Portillo -- who, while long-married and avowedly faithful to his wife, has at least publicly identified himself as having been involved with men in his university years -- announced this week that he'll leave politics rather than run in the next election, which will be no later than June 2006. Portillo's surprising assertion came as he turned down an offer to serve in the "shadow cabinet" of his Opposition party under its newly-chosen leader Michael Howard. Portillo is still only 50, and his remarkable 20-year political career featured numerous predictions he'd someday be Prime Minister -- even after his limited coming-out. He was a rising star under Margaret Thatcher and ultimately Defense Secretary under John Major. But in a shocking reversal that became emblematic of the Labour revolution of 1997, Portillo lost his "safe" Conservative seat in Parliament to open gay Stephen Twigg. It was before undertaking his return to Parliament from another, truly safe seat two years later that Portillo made his vague coming-out to reporters, knowing he'd be confronted with the question during his campaign. He was soon not only back in the Parliament, but back in the Tories' "shadow cabinet," despite becoming increasingly vocal in support of equal treatment for gays and lesbians, against the grain of much of the party. He nearly became the party leader in 2001, but lost out to the more conservative Iain Duncan Smith. In the wake of Smith's recent fall, Portillo did not even attempt to seek the leadership, certain he could not win it. This week Portillo said, "I have lost my enthusiasm for the cut and thrust of politics. ... I do not know what I shall do after I leave, but I am keen to explore opportunities in the media, public bodies and the arts." That likely means a return to creating TV documentaries, as he did in his previous hiatus from the Commons. Denying his announcement had anything to do with Howard's ascension of the day before, he also rejected the notion he was leaving "a sinking ship". Instead, he declared in a TV interview, "The story is about how the Conservative Party is afloat again. The Conservative Party is certainly strong enough and sailing comfortably enough in the water that it doesn't need me to plug any gaps in its hull."