NewsWrap for the week ending September 25, 2004 (As broadcast on This Way Out program #861, distributed 9-27-04) [Written by Cindy Friedman, with thanks to Graham Underhill, Rex Wockner, and Greg Gordon] Reported this week by Cindy Friedman and Christopher Gaal The Canadian province of Nova Scotia issued its first marriage license to a gay male couple this week. A lawsuit filed in August by 3 same-gender couples was not opposed by either the provincial or federal governments. Nova Scotia Supreme Court Justice Heather Robertson declared the province's one-man/one-woman definition of marriage unconstitutional and changed it to read "two persons". She added that marriages of gay and lesbian couples performed outside of Nova Scotia would also be recognized in the province, including the Ontario marriage of lesbian plaintiffs Kim Vance and Samantha Meehan. Plaintiffs Bryan and Ron Garnett-Doucette, a couple of 20 years' standing, went directly from the courtroom to an office in Halifax to apply for their ma rriage license. They're still planning their wedding but had confidently bought their wedding rings the day before the court ruling. The third plaintiff couple was Brian Mombourquette and Ross Boutilier, who had a wedding ceremony in 1994. For that occasion, Boutilier was denied marriage leave by his employer, the federal government agency Natural Resources Canada, and he's fought that decision in courts and human rights tribunals ever since. Courts in Ontario, British Columbia, Manitoba, Quebec, and the Yukon Territory have all created marriage equality since mid-2003. The long-awaited hearing in the Supreme Court of Canada on constitutional questions the federal Government posed in drafting legislation for marriage equality is scheduled for October 4. The U.S. movement to prohibit marriage to same-gender couples took a nasty turn this month. A week before Louisiana voters gave 4-to-1 approval to amending the state constitution to deny all forms of marriage-like recognition to those couples, TV preacher Jimmy Swaggart used his broadcast pulpit to forward that campaign. Baton Rouge-based Swaggart continues to draw a significant audience despite having been caught with female sex workers in 1988 and 1991 after extensively criticizing some of his colleagues for extramarital affairs. On September 12th he denounced: "politicians dancing around this... utter absolute asinine idiotic stupidity of men marrying men. I've never seen a man in my life I wanted to marry." Then he added his most offensive remark: "I'm going to be blunt and plain: if anyone ever looks at me like that, I'm going to kill him and tell God he died... 'case you didn't know this God calls it an abomination, it's an abomination, it's an abomination!" He continued to denounce district attorneys, judges and state legislatures for not sharing that view, saying: "... they ought to have to marry a pig and live with them forever... and I thank God President Bush has stated we need a constitutional amendment that states that marriage is between a man and a woman." A Toronto TV station's broadcast of the message led to a complaint to the Canadian Broadcast Standards Council. U.S. gays and lesbians primarily learned of it on the Internet until reports this week that Swaggart had apologized. He said he's often used the "kill him and tell God he's dead" phrase in many contexts and that "It's a humorous statement that doesn't mean anything," but that he won't use it again. He declared that he's "totally opposed to any type of violence against anyone." He said that "homosexuals should be treated like everyone else" but that he's "opposed to homosexuality," and that he'll "continue to preach against homosexuality but do it the right way." None of that was good enough for Human Rights Campaign president Cheryl Jacques, who declared, "He should use his position in the pulpit to speak up for equal treatment for gay, lesbian, bisexual and transgender people. His initial comments encourage an environment where hate crimes occur. We appreciate his apology, but it's imperative that he do more." Swaggart was further criticized by religious leaders, in resolutions from both the Greater Baton Rouge Federation of Churches and Synagogues and the National Conference for Community and Justice -- formerly known as the National Conference of Christians and Jews. Parental rights of partnered gays and lesbians were the subject of an Idaho state Supreme Court decision this week -- a decision that was viewed as a victory for those parents although a defeat for the gay father in the case. When Theron McGriff's wife divorced him, they maintained joint custody of their two daughters for three years. But when she learned he was involved with a man, she sought sole custody entirely on that basis. The trial judge awarded her sole custody despite the court's own therapist's recommendation for continued joint custody. He even ordered that McGriff could not have visitation with his daughters if he were living with his male partner, although the mother has allowed some visitation since. Sadly for McGriff, the Supreme Court let the trial judge's decision stand, agreeing the mother is best suited for sole custody of the children. However, the 5 Supreme Court justices agreed on the more general point that, "Sexual orientation, in and of itself, cannot be the basis for awarding or removing custody." Only one of them felt that the lower court should not have considered McGriff's orientation at all. The 4-to-1 majority stated that "only when the parent's sexual orientation is shown to cause harm to the child, such that the child's best interests are not served, should sexual orientation be a factor in determining custody." These more general declarations are a landmark first for Idaho, as well as the first state Supreme Court ruling on gay and lesbian custody since the U.S. Supreme Court struck down criminal laws against homosexual acts last year. A French court ruling made public this week is the first in that nation to legally recognize a lesbian family, declaring "a legal link between each of the parents as well as joint exercise of parental authority." The French Government is actively opposing marriage for same-gender couples, and adoptions even by single gays and lesbians are legal only in the Paris and Herault regions. The long-time couple are known only by the first names Carla and Marie-Laure. Marie-Laure bore their three daughters by artificial insemination, which is legally denied to lesbians in France -- the couple went to Belgium for the procedure. Given all the legal barriers, the couple's route to joint parental status was anything but straightforward. In 2001, biological mother Marie-Laure gave up all her legal parental standing so that Carla could adopt all 3 girls. Only last year did a change in French law make it possible for Marie-Laure to apply to resume her parental status with Carla retaining her own standing. Although the government sought dismissal of her case, charging the women had deliberately sought to circumvent legislators' wishes, a family court judge of the Tribunal de Grande Instance in Paris in July found it "in the best interests of the children" to recognize both women as mothers and as "linked" themselves. When state prosecutors did not appeal the decision, it took effect in mid-August. French Justice Minister Dominique Perben insists this does not set a firm precedent, but some legal experts believe otherwise. The General Assembly of the Presbyterian Church in New Zealand this week gave 63% approval to deny leadership positions to "anyone involved in a sexual relationship outside of a faithful marriage between a man and a woman." This is intended to apply to heterosexual as well as gay and lesbian relationships, although same-gender couples do not have the option of marriage in New Zealand. A separate vote established that the rule will be enforced immediately even though the proposal will spend about two years more under consideration by individual congregations and will face another General Assembly vote next year. It will not be enforced retroactively on those currently in leadership positions or training. Roughly one in ten New Zealanders identify as affiliated with the Presbyterian Church, which has been wrestling with this issue ever since declaring in 1985 that homosexual orientation per se is not sinful. Thousands of South African gays and lesbians of every race marched this week in Johannesburg's pride parade, celebrating the 10th anniversary of the 1994 national constitution that was the first in the world to explicitly protect them from discrimination. It was the 15th pride march for the city, and it's still the biggest on the continent. And despite last week's hoopla as police threatened to use a 1993 anti-terrorism law to arrest anyone whose mask or face makeup interfered with identification, there were drag queens galore and no detentions. However, police did closely monitor and videotape the event. And finally... "Angels in America", openly gay playwright Tony Kushner's gay- and AIDS-themed masterpiece, dominated this week's Primetime Emmy Awards as its HBO production won a record 11 trophies. The six-hour special had ten other nominations. As Kushner accepted his statuette for the script, he thanked his partner saying, "Someday soon we can have a legal marriage license and you can make an honest homosexual out of me." Other "Angels" winners called for action against AIDS in Africa. The final season of HBO's comedy series "Sex in the City" brought acting honors to its lead Sarah Jessica Parker and supporting player Cynthia Nixon. Nixon, who played redheaded attorney Miranda, was revealed later in the week by the "New York Daily News" to have been dating a woman since January, having split with her long-time male partner more than a year ago. Confronted by the "News" about her relationship, she said, "My private life is private. But at the same time, I have nothing to hide. So what I will say is that I'm very happy." The Outstanding Reality Show winner was "Queer Eye for the Straight Guy," Bravo cable's male makeover series that became an international phenomenon. At the Creative Arts Emmy gathering held the day before the big televised gala, the show's "Fab Five" openly gay stars accepted the statuette with Carson Kressley saying, "None of us have ever been so happy to take home a lady."