Here's a short summary of Judge Breyer's (President Clinton's nominee to 
fill Justice Blackmun's seat on the Supreme Court) gay- and lesbian-related 
opinions:

U.S. v. Hunnewell, 1993 WL 483252 (1st Cir. Nov. 24, 1993).  An 
unpublished per curiam opinion in which the court held that a defendant's 
sentence could be increased because of a previous gay-bashing incident.

U.S. v. Vachon, 869 F.2d 653 (1st Cir. 1989).  A published opinion by 
Judge Breyer holding that a defendant's statements that he had AIDS and 
that he had a gay lover were admissible, over his objections that they were 
irrelevant to his bank robbery crime and prejudicial.

Doucette v. Vose, 842 F.2d 538 (1st Cir. 1988).  A published opinion by 
Judge Breyer denying relief to a habeas petitioner who had been convicted 
of killing another man who had made sexual advances towards him after the 
victim picked up the petitioner and took him to a hotel.

Matthews v. Marsh, 755 F.2d 182 (1st Cir. 1985).  A published dissenting 
statement by Judge Breyer.  The majority had vacated a lower court's 
order that would have reenlisted a woman who had been dismissed from 
the ROTC because she said she was a lesbian.  The majority said there was 
"new evidence" of lesbian sexual conduct that the lower court did not 
consider.  Judge Breyer disagreed, saying that "this court should not 
remand but should decide the merits of the appeal."  However, he did not 
express any views on the merits.

McCown v. Callahan, 726 F.2d 1 (1st Cir. 1984).  A published opinion by 
Judge Breyer holding that a habeas petitioner's lawyer was not 
incompetent, even though the lawyer had failed to object to evidence 
that had been reported by the petitioner's former gay lover.

U.S. v. Gonzales, 966 F.2d 1440 (1st Cir. 1992).  An unpublished per 
curiam opinion rejecting a defendant's claim that he should receive a 
lesser sentence because he looked young and that he could be subjected to 
sexual victimization in prison.

Lewis v. Kendrick, 944 F.2d 949 (1st Cir. 1991).  A published partial 
dissent by Judge Breyer.  The majority held that a successful plaintiff 
who had been falsely arrested by a policeman was not entitled to lawyer's 
fees.  Judge Breyer disagreed, arguing that the plaintiff should have 
been awarded a nominal fee of $1000.  The Massachusetts Gay and Lesbian 
Advocates and Defenders had argued for a fee.


* NOTE *  These summaries are based on my cursory reading of the relevant
opinions.  Don't take my word for it, however -- I have posted the cites 
so that you can see for yourself.


Patrick