Lesbian/Gay Law Notes Case Table - 2000
Compiled by Arthur S. Leonard

Alsbrook v. Maumelle, 120 S.Ct. 1265 (March 1, 2000), cert. dismissed due to settlement by parties (presenting question whether states are immune from suit under Title I of ADA), case below, 184 F.3d 999 (8th Cir. 1999)..

Ampersand, Inc. v. Finley, 338 N.E.2d 15 (Ill. 1975) (Illinois home rule legislative authority is restricted to purely local matters).

Archer v. Mesaba Aviation, Inc., 210 F.3d  371 (table), 2000 WL 376677 (6th Cir., April 3, 2000) (airline that fired gay HIV+ flight attendant based on belief that he engaged in oral sex with passenger on flight was not entitled to summary judgment in ADA case based on its "honest belief" about what happened, when it failed to make a reasonable investigation; grant of summary judgment reversed).

Arlington County, Virginia v. White, 2000 WL 429453 (Va. Sup. Ct., April 21, 2000) (county legislature exceeded its authority by enacting domestic partnership benefits law for county employees; state law authorizing public employee benefits did not support extending coverage to those who were not dependents of employees).

Ayotte v. Kates, 25 Conn. L. Rptr. 599, 1999 WL 1063261 (Conn. Super., Nov. 3, 1999) (not reported in A.2d) (Where hospital officials advised plaintiff to get HIV test after blood exposure incident, she could seek emotional distress damages).

B.P. and A.P., Matter of Youths in Need of Care, 995 P.2d 982 (Mont. Sup. Ct., Feb. 15, 2000) (mother turning children against gay father cited as one among several factors leading to conclusion mother was unfit for custody).

Baby Z., Adoption of, 724 A.2d 1035 (Conn. Sup. Ct., 1999) (co-parent adoption not authorized under general adoption statute - problem subsequently cured by legislation in 2000).

Baehr v. Miike, No. 20371, 26 Fam. L. Rep. (BNA) 1075 (Haw. Sup. Ct., Dec. 9, 1999) (1998 amendment to Hawaii Constitution moots same-sex marriage litigation; Circuit Court ruling reversed; holds in dicta that Hawaii Constitution's equal protection clause treats sexual orientation as a suspect classification).

Baird v. Mervyn's, Inc., 2000 WL 295616 (U.S.Dist.Ct., N.D. Tex., March 21, 2000) (rejecting emotional distress claim by store customer who suffered puncture wound from hypodermic needle found in pants bought in store).

Baker v. State of Vermont, 744 A.2d 864 (Vt., Dec. 20, 1999) (Vermont Constitution's Common Benefits Clause entitles same-sex couples to receive the same rights and benefits under state law that married couples receive; legislature mandated either to let same-sex couples obtain marriage licenses or to provide an alternative measure of conferring equal rights).

Baker v. Wade, 553 F. Supp. 1121 (N.D. Tex. 1982), rev. en banc, 769 F.2d 289 (5th Cir. 1985), cert. denied, 478 U.S. 1022 (1986) (rejecting constitutional challenge to Texas sodomy law).

Batson v. Kentucky, 476 U.S. 79 (1986) (constitution forbids using peremptory jury challenges to discrimination on the basis of race).

Beaton v. Vinje Realty Corp., F.J. Kazeroid Realty Group, Inc. (N.Y. Sup. Ct., Kings Co., settlement announced April 14) (settling claim that real estate agency discrimination against gay male couple in apartment rental).

Bibby v. Philadelphia Coca Cola Bottling Co., 85 F. Supp. 2d 509 (E.D. Pa., March 2, as amended March 17, 2000) (dismissing homophobic harassment case as not actionable sex discrimination under Title VII).

Blood Bank of Delaware, Inc. v. Price, 2000 WL 275540 (Del. Sup. Ct., Feb. 28, 2000) (unpublished disposition) (blood bank is not a health care provider for purposes of state medical malpractice reform statute).

Board of Education of the Westside Community Schools v. Mergens, 496 U.S. 226 (1990) (Equal Access Act requires schools to allow controversial student organizations to meet on campus if other non-curricular clubs are allowed to meet).

Board of Regents of the University of Wisconsin System v. Southworth, 120 S.Ct. 1346 (March 22, 2000) (Rejects argument that state university students have a First Amendment right to challenge content-neutral university fee system for funding student organizations).

Bogdahn v. Hamilton Standard Space Systems Int'l, Inc., 25 Conn. L. Rptr 183, 1999 WL 1122518 (Conn. Super., Nov. 30, 1999) (allowing filing of sexual orientation discrimination claim despite technical faults).

Boy Scouts of America v. Dale (US Supreme Court oral argument held Apr. 26, 2000) (NJ Supreme Ct. held BSA violated state public accommodations law by discriminating on the basis of sexual orientation).

Brown v. Youth Services International of South Dakota, Inc., 89 F. Supp. 2d 1095 (D. S. Dak., March 15, 2000) (rumors that a worker at a youth facility who molested inmates was gay are an insufficient basis to find the facility negligent).

Bryant v. Picado, No. 98-01233 (Arkansas - Pulaski County Cir. Ct., Bogard, J., Feb. 10, 2000) (in challenge to state sodomy law, trial court rules that state attorney general and county prosecutor are appropriate named defendants in declaratory judgment action).

Brzonkala v. Virginia Polytechnic Institute and State University, 169 F. 3d 820 (4th Cir. en banc, 1999), aff'd sub nom United States v. Morrison, 2000 WL    (2000) (Violence Against Women Act civil remedy provision was beyond Congressional authority to enact under the Commerce Clause).

Butera v. District of Columbia, 83 F. Supp. 2d 25 (D.D.C., Dec. 22, 1999) (expert testimony that HIV+ man might live 60 years was admissable in light of new treatments).

Carter v. Brodrick, 644 P.2d 850 (Alaska 1982) (de facto parenthood standard in visitation dispute).

Cash v. Illinois Div. of Mental Health, 209 F.3d 695 (7th Cir., April 7, 2000) (rejecting appeal from man who claimed he was harassed by fellow employees for being closeted and insufficiently open about his homosexuality).

Castagno v. Wholean, 684 A.2d 1181 (Conn. 1996) (disruption of family unit through divorce or separation of parents is prerequisite to suit by grandparents for visitation).

C.B.L., Matter of Visitation with; A.B. v. H.L., 723 N.E.2d 316 (Ill. App., 1st Dist., Dec. 16, 1999, reh' denied, Jan. 24, 2000) (lesbian co-parent lacks standing to seek visitation with child).

City of Atlanta v. Moran, 492 S.E.2d 193 (Ga. Sup. Ct. 1997) (Atlanta domestic partnership ordinance, recrafted to reflect judicial concerns about legislative authority, withstands second round of review).

City of Erie v. Pap's A.M., 120 S.Ct. 1382 (March 29, 2000) (Rejecting constitutional challenge to municipal ordinance forbidding nudity in places of public accommodation).

City of New York v. Les Hommes, 685 N.Y.S.2d 49 (N.Y.App.Div., 1st Dept. 1999) (a twenty year-old gay oriented bookstore remained primarily an adult business in violation of zoning laws even though proprietor increased non-sexual video inventory and purportedly changed the nature of the mini-theater), reversed, City of New York v. Les Hommes, 1999 WL 1215136 (N.Y.Ct.App., Dec. 20, 1999) (City guideline on compliance with zoning law deals only with percentage of stock and floor space devoted to adult uses; literal compliance is sufficient to avoid labelling as an adult usage).

City of New York v. Love Shack, NYLJ, 4/4/2000 (N.Y. Sup. Ct., Bronx Co.) (regulation basing adult usage designation for purposes of zoning ordinance based on proportion of business income derived from adult business is unconstitutional due to chilling effect of moving target on ability of merchant to know how business will be classified).

City of New York v. Warehouse on the Block,  703 N.Y.S.2d 900 (N.Y. Sup. Ct.., Queens Co., Jan. 21, 2000) (New city guidelines on anti-porn zoning may not be applied retroactively to cases pending when they were promulgated).

Colin v. Orange Unified School District Board of Education, 83 F. Supp. 2d 1135 (C.D. Cal., Feb. 4, 2000) (Orders public high school to allow Gay/Straight Alliance to meet on campus, pursuant to Equal Access Act).

Commonwealth of Massachusetts v. Duguay, 430 Mass. 397, 720 N.E.2d 458 (Dec. 7, 1999) (upholding murder conviction of gay man in the death of his former lover).

Commonwealth of Pennsylvania v. Davis (Penn. Dist. Ct., Easton, guilty plea and sentencing April 4, 2000, Elwell, J.) (HIV+ woman sentenced to 4-10 years after allegedly biting, scratching and bleeding on law enforcement officers).

Commonwealth of Virginia v. Harris (Va., Roanoke Cir. Ct., April 6, 2000) (jury convicted murdered, rejecting homosexual panic defense).

Commonwealth of Virginia v. Paris, 1999 WL 1499542 (Va. Cir. Ct., Fairfax Co., Dec. 16, 1999) (letter opinion, not officially published) (upholding state sodomy law against constitutional challenge).

Community Board No. 3 (Brooklyn) v. Giuliani, NYLJ, 2/2/00 (N.Y.Supreme Ct., N.Y. Co., Braun, J.) (rejecting attempt to block city project to house people with AIDS in residential neighborhood).

Cooke v. SGS Tool Co., 2000 WL 487730 (Ohio Ct. App., 9th Dist., April 26, 2000) (unpublished disposition) (dismissal of female employee after she ended affair with female supervisor was not acgtionable as sex discrimination or harassment).

Cox v. Denny's, Inc., 1999 WL 1317785 (U.S.Dist.Ct., M.D. Fla., Dec. 22, 1999) (slip copy) (Title VII does not protect transsexual from employment discrimination).

Cross v. Alpha Therapeutic Corp., 2000 WL 282787 (U.S.Dist.Ct., E.D. La., March 14, 2000) (slip copy)  (granting summary judgment to manufacturer of blood clotting medication in HIV transmission case).

Cruet v. Emory University, 85 F. Supp. 2d 1253 (N.D.Ga., Jan. 28, 2000) (general tort statute may not be used to append claim to ADA discrimination case).

Cull v. Commonwealth of Virginia, 2000 WL 311169 (Va. App., Richmond, March 7, 2000) (slip copy) (upholding convictions in gruesome murder springing from lesbian lovers' quarrel).

Curry v. Morgan Stanley & Co., -- F.R.D. , 2000 WL 436702 (S.D.N.Y., April 22, 2000) (in discriminatory discharge suit brought by executive who was discharged after his nude pictures appeared in gay porno magazine, court rejects plaintiff's discovery request for financial records of firm partners; records sought to counter claim that discharge was due to plaintiff's expense account fraud).

Dale v. Boy Scouts of America, 734 A.2d 1196, 160 N.J. 562 (1999), cert. granted, 120 S.Ct. 865 (Jan. 14, 2000) (see Boy Scouts of America v. Dale for subsequent history) (Boy Scouts of America is a place of public accommodation; exclusion of gay man from position of assistant scoutmaster violates N.J. Law Against Discrimination ban on sexual orientation discrimination; application of law to Boy Scouts does not violate First Amendment right of private association to set membership policy or communicate its core message to members and the public).

Dandan v. Radisson Hotel Lisle, 2000 WL 336528 (U.S.Dist.Ct., N.D. Ill., E. Div., March 28, 2000) (slip copy) (bartender not entitled to protection under Title VII against homophobic harassment, but was protected against retaliation for raising complaint about homophobic harassment because he believed that such harassment was unlawful).

David Vincent, Inc. v. Broward County, Florida, 200 F.3d 1325 (11th Cir., Jan. 18, 2000) (upholding county zoning ordinance restricting siting of adult businesses).

Davis v. Hopper, 120 S.Ct. 931 (U.S. Sup. Ct., Jan. 18, 2000), denied certiorari in Onishea v. Hopper, 171 F.3d 1289 (11th Cir. 1999) (holding that prison system's exclusion of HIV+ inmates from all activities that might bring them into contact with other inmates does not violate Section 504 of  Rehabilitation Act of 1974; while disclaiming doing so, circuit court enacts virtual "no risk" standard under Sec. 504 in prison context).

Delk v. Columbia/HCA Healthcare Corp., 523 S.E.2d 826 (Va. Sup. Ct.,  Jan. 14, 2000) (patient who may have been exposed to HIV when sexually assaulted by another patient states cause of action for negligence and intentional infliction of emotional distress, but not negligent infliction of emotional distress, against operator of psychiatric facility).

Dept. of Health and Environmental Control, Ex Parte; State v. Doe, 2000 WL 294098 (S.C. Ct. App., March 20, 2000) (slip copy) (ordering release of HIV-related information about defendant to public prosecutor's office, where it was relevant to crime charged).

DiBartolo v. City of Philadelphia, 2000 WL 217746 (U.S.Dist.Ct., E.D.Pa., Feb. 15, 2000) (slip copy) (avowed heterosexual may assert sexual orientation discrimination suit against city agency for denying him a supervisory position in AIDS services agency).

Dillon v. Frank, 952 F.2d 403 (6th Cir. 1992) (table), full text at 58 FEP Cas. (BNA) 144 (homophobic harassment not actionable under Title VII).

Doe v. Great-West Life & Annuity Ins. Co., 208 F.3d 213 (table), 2000 WL 282452 (6th Cir., March 7, 2000) (unpublished disposition) (social disability may trigger eligibility for disability benefits; HBV-infected dentist who could not work solely because of fears of patience is entitled to disability benefits).

Doe v. Mutual of Omaha, 120 S.Ct. 845 (Jan. 10, 2000), denying certiorari in Doe v. Mutual of Omaha, 179 F.3d 557 (7th Cir. 1999) (holding that insurance's company's adoption of low caps on AIDS-related claims does not violate Americans With Disabilities Act ban on disability-based discrimination by places of public accommodation).

Doe v. Philadelphia Community Health Alternatives AIDS Task Force, 745 A.2d 25, 2000 PA Super 6 (Pa. Super. Ct., Jan. 11, 2000) (false positive HIV test does not create actionable tort claim for negligent infliction of emotional distress).

Doe v. Washington Hospital Center (D.C. Super. Ct., jury verdict, Dec. 29, 1999) (confidentiality breach at hospital regarding employee's HIV status; $250,000 damages).

Doe v. Yale University, 748 A.2d 834 (Conn. Sup. Ct., April 11, 2000) (first-year resident intern at university hospital could bring negligence claim against hospital for inadequate training leading to needle-stick transmission of HIV, but expert testimony would be required on remand to establish a standard of educational care).

Doe & Roe v. Dept. of Corrections,   N.W.2d  , 2000 WL 253625 (Mich. Ct. App., March 3, 2000) (reviving challenge to prison segregation policy for HIV).

Dunlap v. Levine, 2000 WL 371186, 2000 N.Y. Slip Op. 03434 (App. Div., 2nd Dept., April 3, 2000) (dismissing AIDS phobia complaint), opinion below published in NYLJ, 2/8/99.

Dyke v. McCleave, 2000 WL 52520 (U.S.Dist.Ct., N.D.N.Y., Jan. 14, 2000) (not officially published) (denying summary judgment to defendants in workplace sexual harassment case in which both harasser and victim allegedly used homophobic slurs against each other).

E.N.O. v. L.M.M., 711 N.E. 2d 886, 429 Mass. 824 (1999) (lesbian co-parent is "de facto" parent entitled to seek custody and visitation rights).

East High Gay/Straight Alliance v. Board of Education of Salt Lake City School District, 81 F. Supp. 2d 1166 (D. Utah, Central Div., Nov. 6, 1999) (finding that school district could deny recognition and access to Gay/Straight Alliance if it effectively banned all non-curricular clubs from school district).

East High School Prism Club v. Seidel, -- F. Supp. 2d  , 2000 WL 553308 (D. Utah, Central Div., April 26, 2000) (curriculum-related gay/straight student club is entitled to preliminary injunctive relief requiring school district to allow on-campus meetings, pending determination of merits of Equal Access Act claim; rejecting District's argument that a consideration of curricular subjects through the "prism" of gay experience was too "narrow" to qualify as a curriculum-related club).

Edwards v. Alabama Dept. of Corrections, 81 F. Supp. 2d 1242 (M.D. Ala., Jan. 14, 2000) (dismissing most pending claims concerning segregation of HIV+ prisoners and exclusion from activities involving contact with uninfected prisoners under ADA, applying res judicata from Rehabilitation Act ruling of 11th Circuit in Onishea v. Hopper).

Eglise v. Culpin, 205 F.2d 1322 (table), 2000 WL 232798 (2nd Cir., Feb. 28, 2000) (unpublished disposition) (police dept. official has qualified immunity against invasion of privacy charge relating to inquiry to police dept. applicant about her sexual practices and preferences).

Equal Employment Opportunity Commission v. Aramark Corp., 208 F.3d 266  (D.C. Cir., April 14, 2000) (pre-ADA benefits plan that provides lesser benefits for psychiatric services than for medical services is not a "subterfuge" to avoid ADA).

Equal Employment Opportunity Commission v. Staten Island Savings Bank, Nos. 99-6011 & 99-6035 (U.S.Ct.App., 2nd Cir., 2000) (Title I of ADA does not require employee benefits plan to pay same level of benefits for each illness or disabling condition).

Estate of Amos v. Vanderbilt University, Inc., 2000 WL 336733 (Tenn. Ct. App., March 31, 2000) (not officially published) (transfusion-related HIV claims).

Estate of Jahn v. Walt Disney Co. (U.S.Dist.Ct., C.D.Cal., jury verdict April 21, 2000) (jury found Disney Co. liable for coercing Jahn, HIV+ executive, to sign away valuable employee benefits in order to avoid being discharged and losing immediate health insurance coverage).

Farmer v. Brennan, 511 U.S. 825 (1994) (being violently assaulted in prison is not a normal incident of incarceration for purposes of 8th Amendment analysis).

Flexsys America, L.P. v. Local Union No. 12610, United Steelworkers of America, 88 F. Supp. 2d 600 (S.D.W.Va., Feb. 16, 2000) (Arbitration award based on arbitrator's belief that supervisor was gay was biased and must be denied enforcement).

Florida Dept. of Corrections v. Dickson, 139 F. 3d 1426 (11th Cir., 1999), cert. dismissed after settlement by parties, 120 S.Ct. 1236 (2000) (presenting question whether states can be sued by their employees for discrimination under the Americans With Disabilities Act, or are immune under the 11th Amendment sovereign immunity).

France v. Apfel, 87 F. Supp. 2d 484 (D. Md., March 13, 2000) (comparatively healthy HIV+ person not entitled to social security disability benefits).

Fry v. Holmes Freight Lines, Inc., 72 F. Supp. 2d 1074 (W.D. Mo., Nov. 15, 1999) (sexually-oriented physical abuse of plaintiff by male supervisor may be actionable same-sex harassment under Title VII, provided plaintiff can show supervisor is gay).

Galdieri-Ambrosini v. Nat'l Realty & Development, 136 F.3d 276 (2nd Cir. 1998) (evidence of sexual stereotyping may provide proof that employment decision was based on plaintiff's gender).

Gill v. DeFrank, 2000 WL 270854 (U.S.Dist.Ct., S.D.N.Y., March 9, 2000) (slip copy) (HIV prisoner privacy rights covered by 8th Amendment).

Goddard v. Protective Life Corp., 82 F. Supp. 2d 545 (E.D.Va., Feb. 10, 2000) (dismissing tort claims arising from false HIV+ diagnosis).

Graham v. United Methodist Historic Campground (Ill. Cir. Ct., Cook County, Dec. 3, 1999) (denying temporary restraining order against eviction of pro-gay couple from religiously-affiliated campground).

Green v. City of Sioux Falls, 607 N.W.2d 43, 2000 S.D. 33 (S. Dak. Sup. Ct., March 1, 2000) (upholding discharge of homophobic police officer who harassed gay citizens).

Grotts v. Zahner, 989 P.2d 415 (Nev. Sup. Ct., Dec. 13, 1999) (reinstatements blood/legal relative rule for bystander tort liability).

H.S.H.-K., Custody of, 533 N.W.2d 419 (Wis. 1995) (establishing standard for de facto parent status in lesbian co-parent visitation case).

Hamner v. Community Hospitals of Indiana, Inc., 92 F.Supp.2d 803 (S.D. Ind., March 31, 2000) (ADA retaliation claim and state defamation claim brought by registered nurse dismissed; court founds no support in record for plaintiff's claim that he was discharged in retaliation for complaining about treatment of HIV+ patient).

Hartwig v. Albertus Magnus College, -- F. Supp. 2d  , 2000 WL 345910 (D. Conn., March 13, 2000) (openly gay Roman Catholic priest can sue for wrongful discharge by religious-affiliated college on grounds of sexual orientation; rejects college's free exercise claim).

Hatch v. Superior Court of San Diego County, 79 Cal. App. 4th 663, 94 Cal. Rptr. 2d 453 (Cal. App., 4th Dist., Div. 1, March 31, 2000) (rejected argument that defendant could not be convicted on internet sex charges because adult police were posing as minors).

Hatgy v. Commissioner of Social Security Administration, 66 Soc. Sec. Rep. Ser. 122, 2000 WL 140467 (U.S.Dist.Ct., D. Ore, Jan. 10, 2000) (slip copy) (ALJ ordered to reconsider claimant's testimony about disabling effect of HIV-related fatigue in claim for disability benefits).

Henkle v. Gregory (U.S.Dist.Ct., D. Nev., filed Jan. 28, 2000) (claiming unlawful harassment of gay high school student and failure of district to respond appropriately).

Higgins v. New Balance Athletic Shoe, 21 F. Supp. 2d 66 (D. Me. 1998) (rejecting gender-stereotyping theory for making homophobic harassment actionable under Title VII).

Hoch v. Rissman, 742 So. 2d 451 (Fla. App., 5th Dist., 1999), rev. denied, March 15, 2000 (defamation action by gay judge against law firm).

Holiday v. City of Chattanooga, 206 F. 3d 637, 10 A.D. Cases (BNA) 501, 2000 Fed. App. 0087P (6th Cir., March 10, 2000) (HIV+ applicant for police officer position was entitled to trial of his disability discrimination claim; district court improperly gave dispositive effect to physician's report on motion for summary judgment).

Housing Works, Inc. v. Safir, 2000 WL 358373 (U.S.Dist.Ct., S.D.N.Y., April 6, 2000) (slip copy) (AIDS services organizations wins injunction against city regulations sharply limiting protest activities in front of city hall).

Hoy v. Angelone, 720 A.2d 745 (Pa. 1998) (hostile environment sexual harassment rarely rises to the level of outrageousness necessary to sustain a claim for intentional infliction of emotional distress).

Hudson v. McMillan, 503 U.S. 1 (1992) (contemporary standards of decency are offended when prison officials maliciously and sadistically use force to harm inmates).

Hurley v. Irish-American Gay, Lesbian & Bisexual Group of Boston, 515 U.S. 557 (1995) (private association organizing and operating annual St. Patrick's Day/Evacuation Day Parade in Boston was privileged under First Amendment to exclude a gay organization from marching in parade under a banner proclaiming its identity; parade is a quintessential expressive activity, and operators have a right to determine what will be expressed by their parade).

Hussey v. Barren River District Health Dept., 2000 WL 377497 (Ky. Ct. App., April 14, 2000) (slip copy) (HIV contracted on job is "occupational disease" for purposes of workers compensation claim by registered nurse who claimed to have suffered blood exposure to patients).

International Eateries of America v. Broward County, 941 F.2d 1157 (11th Cir. 1991) (upholding constitutionality of city ordinance restrictively zoning sexually-oriented businesses).

Irish Lesbian & Gay Organization v. City of New York (U.S.Dist.Ct., S.D.N.Y., Feb. 17, 2000) (jury verdict holding City did not violate 1st Amendment rights of gay organization when it denied permit to hold parade on 5th Avenue on St. Patrick's Day).

J.A.L. v. E.P.H., 682 A.2d 1314 (Pa. Super. Ct. 1996) (constitutional right of parent does not extend to erasing relationship child has formed with de facto parent).

J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127 (1994) (forbidding peremptory jury challenges based on sex).

Jairath v. Dyer, 972 F. Supp. 1461 (N.D.Ga. 1997), vacated on other grounds, 154 F.3d 1280 (11th Cir. 1998) (general state tort statute may not be used to append claims to ADA discrimination case).

Kavanagh v. Hemet School District (Cal. Labor Comm., Jan. 18, 2000) (removing child from gay teacher's class at request of mother violates state discrimination law).

Kelly v. City of Oakland, 198 F.3d 779 (9th Cir., Jan. 12, 2000) (affirming a judgement of same-sex quid pro quo harassment, where male supervisor became "stalker" of handsome male state trooper).

Kimel v. Florida Board of Regents, 120 S.Ct. 631 (Jan. 11, 2000) (holding 11th Amendment sovereign immunity protects states from suit by their employees under the Age Discrimination in Employment Act).

Klein v. McGowan, 198 F.3d 705 (8th Cir., Dec. 20, 1999) (homophobic harassment neither severe nor pervasive enough to state a Title VII sex discrimination claim).

Knight v. State of Connecticut Dept. of Health, 2000 WL 306447 (U.S.Dist.Ct., D. Conn., Feb. 22, 2000) (slip copy) (upholding discharge of nurse for making homophobic remarks to AIDS patients she was assigned to care for).

Kutteles v. United States Army (pending, U.S.Ct. Claims) (compensation claim by mother of soldier who was murdered in anti-gay attack).

LaChapelle v. Mitten, 607 N.W.2d 151 (Minn. Ct. App., March 14, 2000) (lesbian co-parent and gay male sperm donor each awarded some aspect of parental rights in custody/visitation dispute with birth mother; court upholds conditioning continued residential custody of birth mother on her moving back into state to facilitate visitation with co-parent and sperm donor).

Laspina-Williams v. Laspina-Williams, 742 A.2d 840, 25 Conn. L. Rptr. 577 (Conn. Super. Ct., New Haven J.D., Oct. 19, 1999) (lesbian co-parent may seek visitation with child).

Lesley v. Chie, 81 F. Supp. 2d 217 (D. Mass., Jan. 7, 2000) (Doctor did not violate ban on disability discrimination by referring pregnant HIV+ woman to another facility for treatment, when doctor affirmed that he was inexperienced in treating HIV during pregnancy).

Lindsey, In re Marriage of, 101 Wash. 2d 299, 678 P.2d 328 (1984) (community property laws may be applied to provide intestate succession rights in meretricious relationships).

Littleton v. Pragne, 9 S.W. 3d 223 (Tex. App., San Antonio, 1999), rev. denied, March 2, 2000 (Tex. Sup. Ct.) (finding that post-operative transgender person's marriage was void due to state ban on same-sex marriage, collateral to dismissing wrongful death action brought by surviving spouse).

Lofton v. Butterworth, 93 F. Supp. 2d  , 2000 WL 519123 (S.D. Fla., April 21, 2000) (gay man who was foster father of child had standing to challenge Florida statute banning gays from adopting children; co-plaintiffs who had never applied to adopt lacked standing).

Lustig-Prean & Beckett and Smith & Grady v. United Kingdom (European Court of Human Rights, 1999) (holding UK exclusion of gays from military service violates European Charter of Rights).

Maples v. General Motors Corp., 1999 WL 1068588, 15 NDLR P 176 (U.S.Dist.Ct., E.D. Mich., April 29, 1999) (not reported in F.Supp.2d) (court rejects charge that plaintiff was harassed because, as an openly gay man, he was perceived as having AIDS; attitudes of co-workers held irrelevant to charge against employer, which never failed to respond to plaintiff's complaints about tangible matters).

McCavitt v. Swiss Reinsurance America Corp., 89 F. Supp. 2d 495 (S.D.N.Y., March 21, 2000) (N.Y. off-duty conduct law does not protect employee from discharge for his dating activities).

McCree v. State of Texas, 2000 WL 225844 (Tex. App., Dallas, Feb. 29, 2000) (not officially published) (upholding revocation of probation for HIV+ credit card abuser who failed to report to probation officer, allegedly due to his health condition).

McNeil v. Time Insurance Co., 205 F.3d 179 (5th Cir., Feb. 24, 2000) (AIDS-cap in insurance policy does not violate federal or Texas state law).

Mihut v. Mihut, 1999 WL 1336082 (Tenn. Ct. App., Dec. 28, 1999) (slip copy) (In affirming custody grant to father, court asserts that mother's lesbianism did not play any role in the decision).

Mims v. Carrier Corporation, 88 F. Supp. 2d 706 (E.D.Tex., March 24, 2000) (same-sex harassment based on co-worker's perception of plaintiff as homosexual is not actionable under Title VII of the Civil Rights Act of 1964 as sex discrimination).

Moredock v. Immigration & Naturalization Service, MSPB CB-1216-99-0019-T-1 (Merit System Protection Board, Feb. 2, 2000) (ordering reinstatement of asylum officer who made untoward statements regarding Haitians with HIV).

Mueller v. Commissioner of Internal Revenue, T.C. Memo 2000-132, 2000 WL 371545 (U.S. Tax Ct., April 12, 2000) (gay man must file as single and be taxed at single rate, even for years when he had same-sex domestic partner with whom he was financially interdependent; rejecting constitutional challenge to tax classifications).

Murray v. Oceanside Unified School District, 79 Cal. App. 4th 1338, 95 Cal. Rptr. 2d 28 (Cal. App. 4th Dist., Div. 1, April 19, 2000) (harassment of lesbian teacher was actionable under former State Labor Code provisions as codified in Fair Employment and Housing Code; since FEHC amendments adding sexual orientation were merely codifying existing law, their effective is retroactive to claims pending when the amendment took place).

Neithamer v. Brenneman Property Services, Inc., 81 F. Supp. 2d 1 (D.D.C., Dec. 17, 1999) (upholding action against real estate brokerage for discriminating against HIV+ applicant for rental housing).

Ohio Civil Rights Commission v. Dayton Christian Schools, Inc., 477 U.S. 619 (1986) (Younger v. Harris, 401 U.S. 37 [1971] abstention doctrine requires federal court to abstain from addressing claims pending in current state court litigation involving the same parties and issues).

Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75 (1998) (same-sex workplace harassment is actionable under Title VII, provided that it is severe and pervasive enough to affect terms and conditions of employment and takes place "because of" the plaintiff's sex).

Onishea v. Hopper, 171 F.3d 1289 (11th Cir., en banc, 1999), cert. denied, 120 S.Ct. 931 (Jan. 18, 2000) (rejecting challenge to Alabama prison system's policies towards HIV+ prisoners under sec. 504 of Rehabilitation Act of 1974).

Parks v. State of Georgia, 526 S.E.2d 893 (Ga. Ct. App., Dec. 9, 1999) (affirms conviction of HIV+ man for sexually assaulting two women).

Pearce v. Governing Body of Mayfield School (U.K., Employment Appeal Tribunal, published in London Times, April 19, 2000) (homophobic workplace abuse is not actionable as sex bias).

People of California v. Fernandez (Los Angeles Co. Superior Ct., March 22, 2000) (no contest plea to threatening a person on account of sexual orientation).

People of California v. Garcia, 92 Cal. Rptr. 2d 339, 77 Cal. App. 4th 1269 (4th Dist., Div. 3, Jan. 31, 2000) (peremptory jury challenges may not be used to discriminate against jurors based on sexual orientation).

People of New York v. Allen, NYLJ, 3/17/2000 (N.Y.C. Crim. Ct., N.Y. Co.) (refusing to dismiss prosecution against woman for harassment for sending former male friend letters aqccusing him of being a closet homosexual and substance abuser).

People of New York v. Foley, 2000 WL 375547 (N.Y.Ct.App., April 11, 2000) (upholding conviction of man caught in pedophile sting operation on internet; rejects constitutional challenge to prosecution where man was not actual conversing with minor but rather police officer masquerading on-line as minor).

Perez v. Apfel, 66 Soc. Sec. Rep. Ser. 149, 2000 WL 124818 (U.S.Dist.Ct., S.D.N.Y., Feb. 1, 2000) (slip copy) (denying social security disability benefits to healthy HIV+ man).

Peterson v. Bell Atlantic Telephone Co. (N.Y. Supreme Ct., N.Y. Co., York, J., March 15, 2000) (ordering delay in printing new edition of Yellowpages directory pending resolution of dispute over refusal to list transsexual-oriented business).

Pickering v. Board of Education, 391 U.S. 563 (1968) (establishing First Amendment standard for evaluating protection for public employee speech).

Planned Parenthood of Columbia/Willamette, Inc. v. American Coalition of Life Activists, 23 F. Supp. 2d 1182 (D. Or. 1998) (Oregon constitution exempts actual threats from First Amendment free speech protection).

Price Waterhouse v. Hopkins, 490 U.S. 228 (1989) (gender stereotyping may evidence sex-based motivation for adverse employment action under Title VII).

Pritchard v. Madison School District (Wisconsin, Dane Co. Cir. Ct., Bartell, J., Feb. 21, 2000) (school districts adoption through collective bargaining of domestic partnership benefits plan did not violate state law).

Quela v. Payco-General American Credits, Inc., 84 F. Supp. 2d 956 (N.D. Ill., Feb. 18, 2000) (Chicago ordinance authorizing private right of action for sexual orientation discrimination in employment went beyond legislative authority of City Council, which is not empowered to create a civil cause of action for employment discrimination).

Quinn v. Nassau County Police Department, 75 F. Supp. 2d 74 (E.D.N.Y., Nov. 20, 1999) (awarding attorney fees for former police officer who won jury verdict of sexual orientation discrimination claim by police department).

Redden v. ContiMortgage Corp., 81 F.E.P. Cas. (BNA) 1379, 1999 WL 1257280 (U.S.Dist.Ct., E.D.Pa., Dec. 1999) (not officially published) (anti-gay workplace harassment insufficiently outrageous to support a claim for intentional infliction of emotional distress).

R.F. and R.F. v. Abbott Laboratories, 745 A.2d 1174 (N.J., Feb. 29, 2000) (manufacturer of HIV-antibody test detection kits not liable under products liability defective warning theory for failure of test to detect HIV antibody in blood subsequently used for transfusion, where test label's contents was closely regulated by the federal government).

Rhodes v. Senkowski, 82 F. Supp. 2d 160 (S.D.N.Y., Jan. 21, 2000) (man convicted under Terrorism Act is not entitled to writ of habeas corpus solely based on his HIV+ status).

Roberts v. U.S. Jaycees, 468 U.S. 609 (1984) (state law banning sex discrimination by places of public accommodation is properly applied to private business association; neither express nor intimate association rights are unduly burdened by application of civil rights law vindicating state's compelling interest in ending sex discrimination in the public commercial sphere).

Rollf v. Interim Personnel, Inc., 1999 WL 1095768, 17 N.D.L.R. P. 13 (E.D.Mo., Nov. 4, 1999) (not reported in F.Supp.2d) (person with hepatitis C qualifies as disabled under the ADA).

Rosenberger v. Rector and Visitors of University of Virginia, 515 U.S. 819 (1995) (State university violated First Amendment by denying funds to a student newspaper because of its religious tone).

Rosencrantz, In re On Habeas Corpus, Terhune v. Superior Ct. of Los Angeles County, 95 Cal. Rptr. 2d 279, 80 Cal. App. 4th 409 (2nd Dist., Div. 1, April 27, 2000) (upholding district court's order that parole board reconsider its decision to deny parole to gay man who was convicted 15 years ago as a teenager of killing another teen who was subjecting him to unwanted outing and harassment).

Rotter v. Brinker Restaurant Corp., 1999 WL 1132982 (N.D.Ill, Dec. 10, 1999) (slip copy) (HIV+ discrimination plaintiff failed to show he was discharged because of his serostatus).

Saint Louis County, Missouri v. B.A.P., 2000 WL 290266 (Mo. App., E. D., Div. 4, March 21, 2000) (slip copy) (upholding municipal zoning ordinance aimed at adult businesses).

Salgueiro de Silva Mouta v. Portugal (European Ct. of Hum. Rts., Chamber Decision, Dec. 21, 1999) (Portugal violated European Convention of Human Rights when its courts took into account a man's sexual orientation in denying him custody of his child).

Samborski v. West Valley Nuclear Services Co., Inc., 1999 WL 1293351 (W.D.N.Y., Nov. 24, 1999) (slip copy) (homophobic slurs by co-workers may give rise to hostile environment claim under Title VII and NY Hum. Rts. Law).

Santiago J. v. Pamela J., 1999 WL 1456949 (Del. Family Ct., Aug. 12, 1999) (slip copy) (gay father's visitation rights restricted due to family tensions and children's difficulty in relating to father's same-sex partner).

Schwenck v. Hartford, 204 F.3d 1187 (9th Cir., Feb. 29, 2000) (holding that violence motivated by animus based on gender identity states a violation of the Violence Against Women Act. [but note, Supreme Court subsequently declared civil remedy provision of VAWA unconstitutional: see United States v. Morrison, below].  Finds that Supreme Court cases provide basis for broadly interpreting "sex" in civil rights laws to include "gender identity").

Scott v. New Jersey Air National Guard (N.J. Super. Ct., Seltzer, J.) (rejecting motion to dismiss perceived sexual orientation harassment claim under state law banning sexual orientation discrimination; rejecting argument that harassment within national guard should not be subject to judicial scrutiny).

Shea v. Shea, 2000 WL 62941 (Iowa Ct. App., Jan. 26, 2000) (not reported in N.W.2d) (Affirming trial court's refusal to take custody away from mother due to her "lesbian relationship" where trial court found that custody with mother would be preferable to custody with father, a physically abusive person).

Sherwood v. Danbury Hospital, 746 A.2d 730, 252 Conn. 193 (March 26, 2000) (tolling statute of limitations for transfusion-AIDS liability where hospital actively prevented plaintiff from obtaining information necessary to realize she had a claim).

Simpson v. Burrows, 90 F. Supp. 2d 1108 (D. Ore., Feb. 22, 2000) (campaign by conservative couple to oust lesbian couple from operation of town lodge gave rise to valid claims for intentional infliction of emotional distress and tort of intimidation and invasion of privacy, but not to defamation).

Sims v. Besaw's Cafe, 997 P.2d 201, 81 FEP Cas. (BNA) 1411 (Ore. App., In Banc, Jan. 26, 2000) (Oregon municipality cannot by ordinance create a state court cause of action for sexual orientation discrimination in private sector employment).

Smith v. Regents of University of California, 4 Cal. 4th 843, 844 P.2d 500, cert. denied, 510 U.S. 863 (1993) (Students of state university have a First Amendment right to object to their activity fees funding student organizations with which they disagree).

Smith v. Washington Heights-Inwood Ambulatory Care Network (N.Y.C. Hum. Rts. Comm., settlement announced Feb. 9, 2000) (claim of discriminatory treatment in rendering medical services on the basis of patient's sexual orientation).

South v. Gomez, -- F.3d   (table), 2000 WL 222611 (9th Cir., Feb. 25, 2000) (unpublished disposition) (prison officials unconstitutionally delayed in providing AIDS medication for new inmate).

Spearman v. Desert Hospital, 210 F.3d 385 (table), 2000 WL 60163 (9th Cir., Jan. 18, 2000)(unpublished disposition) (district court correctly applied Younger v. Harris (401 U.S. 37 (1971)) abstention doctrine in federal sexual harassment suit when same claim was pending in state court - same-sex harassment case).  

State Dept. of Transportation v. Hill, 963 P.2d 480 (Nev. Sup. Ct., 1998) (abandoning strict blood/marriage relationship test for bystander liability, in favor of case-by-case determination of close family relationship).

State of Colorado v. Dembry (jury conviction of reckless endangerment and sexual assault, HIV+ defendant and 12-year-old boy who has tested negative for HIV, March 13, 2000).

State of Iowa v. Brown, 2000 WL 278548 (Iowa Ct. App., March 15, 2000) (not officially reported) (rejects defendant's contention that introduction of gay pornography found in his home was prejudicial in trial of sexual assault against minor charges).

State of Iowa v. Keene (guilty plea for criminal transmission of HIV, March 24, 2000).

State of Kansas v. Coyote, -- P.2d  , 2000 WL 263228 (Kan., March 10, 2000) (upholds second-degree murder conviction of man who admitted killing gay victim but attempted to justify it as defense from sexual advance).

State of Louisiana v. Jenkins, 750 So.2d 366 (La. Ct. App., 4th Cir., Dec. 29, 1999) (upholding life sentence for murderer of gay man; defendant claimed self-defense against sexual advances).

State of Louisiana v. Smith, 729 So.2d 648 (La. App., 4th Cir., 1999) (finding state sodomy law unconstitutional as applied to private, consensual adult sex), appeal pending.

State of Maine v. Sweet, 745 A.2d 368, 2000 ME 14 (Maine, Jan. 31, 2000) (sentencing ruling on male molesters of male children who were NAMBLA members).

State of Michigan v. Wallace (Wayne Co. Cir. Ct., Crockett, J., Jan. 2000) (manslaughter conviction in case raising "gay panic" defense).

State of Missouri v. Lowe (Clay County Cir. Ct., Jan. 26, 2000) (sentencing HIV+ man for exposing teenage boy to HIV by fondling and performing oral sex on him).

State of Missouri v. Stewart, 2000 WL 309306 (Mo. Ct. App., E.D., March 28, 2000) (slip copy) (upholding conviction of man charged with deliberately infecting child with HIV to avoid support payments).

State of New Mexico v. Lopez, 993 P.2d 727 (N.Mex., Dec. 28, 1999) (affirming murder conviction of slaughterer of gay school teacher).

State of New York v. Wal-Mart Stores, 621 N.Y.S.2d 158 (App. Div., 3rd Dept. 1995) (N.Y. off-duty conduct law does not affect employer policy against unmarried employee cohabitation).

State of Ohio v. Bird, 692 N.E. 2d 1013, recon. Denied, 695 N.E. 2d 266 (Oh. 1998) (affirming conviction of HIV+ man of attempted murder for spitting at a police officer).

State of Ohio v. Hresko, 2000 WL 301079 (Ohio Ct. App., 8th Dist., March 23, 2000) (slip copy) (affirming battery conviction of sexually aggressive gay prison nurse).

State of Ohio v. Hutchinson, 1999 WL 1236354 (Ohio App., 12th Dist., Dec. 20, 1999) (not reported in N.E.2d) (affirming conviction of HIV+ man for rape of 8 year old boy).

State of Ohio v. Peters (Ohio Cir. Ct., Columbus, March 15, 2000) (guilty plea for destruction of property; defendant burned gay rainbow flag that was flying at state capitol to protest against gay rights).

State of Rhode Island v. Rogers (R.I., Franklin Co. Superior Ct., Josephson, J., April 18, 2000) (imposing sentence on student who carved the word HOMO on the back of another student).

State of Utah v. Hitt & Millard (Utah, 3rd Dist. Ct., Barrett, J., Dec. 3, 1999) (reducing charges against anti-gay crime defendants due to lack of express coverage of anti-gay crime under state hate crimes law).

State of Washington v. Horton, 1999 WL 1220546 (Wash. App., Div. 1, Dec. 20, 1999) (unpublished opinion) (Mandatory HIV testing as a condition of sentencing on a drug offense is not authorized by state law where the drug offense does not involve use of hypodermic needles).

State of Washington v. Weaver (Chelan Co. Super. Ct., Jan. 20, 2000) (sentence for exposing sexual partner to HIV).

State of Wisconsin v. Mahler, 2000 WL 387531 (Wis. Ct. App., April 18, 2000) (slip copy) (fear of HIV infection did not provide reasonable basis for motorist stopped by state police to refuse to have blood drawn for an alcohol level test).

Stutzman v. Jones, No. 99-CS-02549 (Cal., Sacramento Co. Super. Ct., Dec. 8, 1999) (upholding Attorney General's decision to retitle Prop. 22 as the Limit on Marriage Initiative).

Sullivan v. County of Pierce, 2000 WL 432368 (U.S.Ct.App., 9th Cir., April 21, 2000) (unpublished disposition) (County violated arrestee's 8th Amendment rights by depriving him of required HIV-related medication for two days after arrest).

Taylor v. Louisiana, 419 U.S. 522 (1975)(excluding women for venire [juror pool] violates defendant's 6th Amendment right to be tried by representative cross-section of community).

Thomas v. Coleman Enterprises, 2000 WL 385479 (Minn. Ct. App., April 18, 2000) (unpublished disposition) (homophobic remarks by supervisor were not sufficient to create hostile environment actionable under sexual orientation discrimination law).

Tollefson v. Price, 247 Or. 398, 430 P.2d 990 (Or. Sup. Ct., 1967) (recognizing cause of action for invasion of privacy based on publicity of a "highly objectionable" kind).

United States v. Crown, 2000 WL 364890 (U.S.Dist.Ct., S.D.N.Y., April 10, 2000) (slip copy) (prosecution for illegal entry into U.S. will not be stayed based on defendant's allegation that he is HIV+ and no treatment exists for this condition in his home country).

United States v. Fischer (Army Court Martial) (accomplice in murder of Pfc. Barry Winchell pled guilty to lying to investigators and obstruction of justice, and sentenced to 12.5 years in prison).

United States v. Glover (Military Court Martial, guilty verdict, Dec. 8, 1999; sentencing, Dec. 9, 1999) (highly controversial prosecution for murder of gay soldier, Barry Winchell).

United States v. McDonald (U.S.Dist.Ct., N.Car., Bullock, J.) (setnenced imposed on man for fraud in viaticating insurance policies).

United States v. Person, 205 F.3d 1336 (table), 2000 WL 223336 (U.S.Ct.App., 4th Cir., Feb. 28, 2000) (not officially published) (it was error for government to cross-examine drug defendant about a long-ago arrest for soliciting gay sex, but court finds error harmless in light of overwhelming other evidence of guilt).

United States v. Phillips, 52 M.J. 268, 2000 WL 253622 (U.S. Ct. App. Armed Forces, March 6, 2000) (servicemember prosecuted for fraud for taking marriage benefits; allegation member is gay and marriage is sham; evidence of defendant's homosexuality is admissable as relevant to fraud charge).

United States v. Santos, 201 F.3d 953 (7th Cir., Jan. 19, 2000) (cross examination of lesbian witness could probe issues related to sexual orientation that might reveal witness bias).

University of Alabama v. Garrett, 193 F.3d 1214 (11th Cir. 1999). cert. granted, 120 S.Ct. 1669 (April 17, 2000) (whether state is immune from suit by its employees under the ADA).

V.C. v. M.J.B., 748 A. 2d 539 (N.J. Sup. Ct., April 6, 2000) (lesbian co-parent should be treated as "de facto" parent for purposes of custody and visitation determination; co-parent is entitled to visitation rights but not joint legal custody, in light of circumstances including significant period of time when co-parent was separated from children after birth mother stopped visitation).

Vasquez v. Hawthorne, 994 P.2d 240 (Wash. Ct. App., Div. 2, Feb. 11, 2000) (same-sex partners are not engaged in "meretricious" relationship, and so have no rights under state intestate succession policies).

Wayne v. Jarvis, 197 F.3d 1098 (11th Cir., Dec. 8, 1999) (rejecting 8th Amendment claim by inmate who was housed in section dedicated to gay prisoners and suffered assault from other prisoners).

Weyer v. 20th Century Fox Film Corp., 198 F.3d 1104 (9th Cir., Jan. 3, 2000) (Americans With Disabilities Act does not forbid insurance company from providing different levels of coverage for different diseases).

William G. TT v. Siobhan, Matter of, 701 N.Y.S.2d 611, 183 Misc.2d 162 (N.Y. Family Ct., Albany Co., Dec. 10, 1999) (Maney, J.) (lesbian co-parent lacks standing to intervene in custody dispute between her partner and child's biological father).

Williams v. Reed, 6 S.W.3d 916 (Mo. App., West. Dist., Dec. 14, 1999) (Judge should have recused himself from ruling on custody case involving lesbian mother, where judge had expressed hostility toward mother concerning unfounded allegation that judge's wife was engaged in a lesbian affair).

Williams v. State of Wyoming, -- P.2d  , 2000 WL 378259 (Wy. Sup. Ct., April 14, 2000) (affirming denial of workers compensation coverage for police officer's costs of HIV and HBV testing after on-the-job blood exposure).

X. v. Commonwealth of Australia, 167 Aus. L. Rep. 529 (High Ct. of Australia, Dec. 2, 1999)(HIV+ recruit was properly discharged from military service during his training period).