1993 Case Table for Lesbian/Gay Law Notes Compiled by Todd V. Lamb, NYLS '94. A Aboud & Lambert v. Diamond, (Me. Super. filed Jul. 28, 1993) (protesting wording for proposed anti-gay initiative). 61 Act-Up!/Portland v. Bagley, 988 F.2d 868 (9th Cir., Feb. 10, 1993) (whether police officers have qualified immunity from suit after strip searching members of Act-Up is legal question for judge) 25 Action for Children's Television v. F.C.C., 11 F.3d. 170 (D.C.Cir., Nov. 23, 1993) (rejecting FCC regulations requiring "indecent" broadcasts to air only at "safe harbor times"). 91 Adoption of Tammy, 619 N.E.2d 315 (Mass., Sep. 10, 1993) (approving joint adoption by same-sex couple). 72 Adoptions of B.L.V.B., E.L.V.B., 628 A.2d 1271 (Vt., Jun. 18, 1993) (Approving lesbian co- parent adoption that preserves rights of the birth mother). 48, 72 Aetna Casualty & Surety Co. v. Sheft, 989 F.2d 1105 (9th Cir., Mar. 31, 1993) (ex-lover who won tort suit against estate for intentional concealment of AIDS may recover from insurance company). 36 Albrecht v. Lehman, 1993 WL 346216 (E.D.Pa., Sept. 1, 1993) (posting prisoners identification number on list to see "AIDS nurse" did not violate prisoner's privacy). 77 Alexander v. United States, 113 S.Ct. 2766 (June 28, 1993) (1st Amendment not violated when inventory of dealer in erotic literature is confiscated even though not all material obscene). 47 Alison D. v. Virginia M., 155 A.D.2d 11, 552 N.Y.S.2d 321 (N.Y.A.D., 1990) affþd 77 N.Y.2d 651, 572 N.E.2d 27, 569 N.Y.S.2d 586 (N.Y., 1991) (lesbian partner was not a parent under Domestic Relations Law). 15, 94 Alliance for Community Media v. F.C.C., 10 F.3d 812 (D.C.Cir., Nov. 23, 1993) (rejecting FCC regulations requiring "indecent" broadcasts to air only at "safe harbor times"). 91 Alt v. Parker, 435 S.E.2d 773 (N.C.App., Oct 19, 1993) (dismissing charges of assault with deadly weapon after HIV positive man spat at police officers). 99 Amalgamated Clothing and Textile Workers Union v. Wal-Mart Stores, Inc., 821 F.Supp. 877 (S.D.N.Y., Apr. 26, 1993) (Wal-Mart must include Equal Employment Opportunity data in proxy statements at request of union and several church groups) 34, 40, 82 American Civil Liberties Union v. Echohawk, 857 P.2d 626 (Idaho, Aug. 3, 1993) (rejecting petitions on wording of proposed anti-gay ballot title) 60 American Dental Assþn v. Martin, 984 F.2d 823 (7th Cir., 1992) cert denied 114 S.Ct 172 (Oct. 04, 1993) (upholding OSHA rule mandating protection from exposure to blood-borne pathogens). 18, 67, 85 Anderson v. Boston Store of Texas, No. 330931430 (EEOC, Houston Dist. Off. May 4, 1993) (Store violated ADA by not letting HIV infected employee participate in company group health plan). 67 Anonymous v. Anonymous, 617 So.2d 694 (Ala.Civ.App., Jan. 8, 1993) (reversing order that unfaithful husband must submit to HIV test). 12 Armstrong v. Flowers Hosp., Inc., 812 F.Supp. 1183 (M.D.Ala., Feb. 9, 1993) (no Title VII violation in discharge of pregnant nurse who refused to care for AIDS patients) 28 Atchison, Topeka and Santa Fe Ry. Co. v. Buell, 480 U.S. 557, 107 S.Ct. 1410, 94 L.Ed.2d 563 (1987) (discussing but not deciding on possible recovery for emotional distress under FELA). 21 Austin, United States v. , 38 M.J. 578 (AMCR, Oct. 08, 1993) Vacated by Court (affirming conviction for sodomy and assault with deadly weapon). 84 B Baehr v. Lewin, 852 P.2d 44 (Haw., May 5, 1993) as clarified on grant of reconsideration in part (May 27, 1993) (ban on same-sex marriages may violate state equal rights amendment). 39 Bailey v. Texas, 1993 WL 132275 (Tex. Ct. App., Apr. 29, 1993) unpublished decision (evidence of defendantþs homosexuality is admissible to establish motive for murder of former lover). 40 Baker v. Nelson, 291 Minn. 310, 191 N.W.2d 185 (Minn., 1971) appeal dismissed, 409 U.S. 810 (1972) (rejecting suggestion that absence of statutory prohibition on same-sex marriages evidenced willingness to recognize them). 15 Barbour v. Department of Social Services, 497 N.W.2d 216 (Mich.App., Feb. 2, 1993) (affirming that sexual harassment based on sexual orientation not covered by Michigan Civil Rights Act or Title VII; specific homosexual advances made on the job may be actionable). 16 Beam v. Paskett, 3 F.3d 1301 (9th Cir., Sep 02, 1993) (vacating death sentence of homosexual for murder). 93 Behringer, Estate of v. Medical Center at Princeton, 592 A.2d 1251 (N.J.Super., Apr. 25, 1991) (upholding exclusion of HIV positive surgeon from operating room). 85 Blew v. Verta, 617 A.2d. 31 (Pa. Super. Ct., Dec. 3, 1992) (upholding custody rights of lesbian mother) 2 Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932) (clarifying double jeopardy rules) 27 Bottoms v. Bottoms, No. CH93JA0517-00 (Va.Cir.Ct., Sept. 7, 1993) (holding lesbian mother presumptively unfit; awarding child to grandmother). 72, 82 Boulais v. Lustig, 31 Govþt. Empl. Rel. Rep. (BNA) No. 1505 (March 8, 1993) at 324 (Cal. Sup. Ct., 2/9/93) (patient liable in tort for not disclosing HIV-status to medical technician before having blood drawn). 21, 26, 86 Boulais v. Lustig, Daily Lab. Rep. (BNA), No. 124, 6/30/93 at A-21 (Cal.Super) (setting aside jury verdict finding HIV+ patient liable for negligent infliction of emotional distress for not disclosing HIV status to health care worker prior to surgery). 55, 86 Bowers v. Hardwick, 478 U.S. 186 (1986) (right to privacy does not cover homosexual sodomy). 15, 40, 48, 60, 62, 90 Bradley v. University of Texas M.D. Anderson Cancer Center, 3 F.3d 922 (5th Cir., Oct. 07, 1993) (HIV positive surgical assistant's rights not violated when transferred to non-patient- contact position). 85 Bradway v. American Nat. Red Cross, 426 S.E.2d 849 (Ga., Mar. 3, 1993) answer to certified question conformed to 992 F.2d 298 (11th Cir. 1993) (suits against not-for-profit blood banks for HIV transmission were medical malpractice claims for purposes of statute of limitations) 29, 56 Braschi v. Stahl Associates Co., 74 N.Y.2d 201, 543 N.E.2d 49, 544 N.Y.S.2d 784 (N.Y., 1989) (domestic partners of same sex are family members for purposes of rent control regulations). 15 Britt v. Chestnut Hill College, 632 A.2d 557 (Pa.Super., Oct. 13, 1993) (dismissing claim for intentional infliction of emotional distress in connection with classroom role play where openly gay student was to make sexual advances at the victim). 83 Brown v. United Blood Services, 858 P.2d 391 (Nev., Aug. 25, 1993) (holding blood banks to "professional standard of care"). 77 Buckingham v. United States, 998 F.2d 735 (9th Cir. Jul. 13, 1993) (job transfer to locale with better medical facilities may be reasonable accommodation under A.D.A.). 65 Buendorf v. National Public Radio, Inc. 822 F.Supp. 6 (D.D.C., May 19, 1993) (NPR not liable for mistakenly þoutingþ secret service agent). 53 Burk v. Sage Products, Inc., 747 F.Supp. 285 (E.D.Pa., 1990) (case brought by paramedic cut by a used syringe dismissed because he could not prove syringe was infected with HIV). 21 Burroughs Wellcome Co. v. Barr Laboratories, Inc., 828 F.Supp. 1208 (E.D.N.C. Jul. 22, 1993) (rejecting challenges to Burroughs Wellcome's patent for AZT). 67 Burrows v. Reno, 1993 WL 106123 (S.D.N.Y., Apr. 2, 1993) (counseling service lacked standing to challenge continued detention of HIV+ Haitians) 36 Butler v. United States, 625 A.2d 281 (D.C., May 13, 1993) (prosecutor's emphasis of defendantþs homosexuality unduly prejudiced case causing reversible error). 40 Byron and Wolfgang, Matter of Adoption of, No. A-20-92-B (N.Y.Fam.Ct., Aug. 2, 1993) (refusing application of gay man to adopt young handicapped children). 62 C C.J. v. Vuinovich, 599 A.2d 548 (N.J.Super.Ct., App.Div., 1991) (Congress preempts field of personnel regulation for armed forces). 67 C.R.S. by D.B.S. v. United States, 820 F.Supp. 449 (D.Minn., May 5, 1993) (military blood bank protected by sovereign immunity in HIV transmission suit). 43 Campbell v. McWherter, No. 93C-1547 (Tenn. Cir. Ct., May 26, 1993) (Application for declaratory judgment on constitutionality of sodomy law.) 48 Canabush v. Wancewicz, 603 N.Y.S.2d 230 (N.Y.A.D. 3rd dept., Nov. 04, 1993) ("extraordinary circumstances" test must be applied in custody dispute between biological and non-biological parents). 94 Canadian Human Rights Commission v. Department of Secretary of State, No. 22145 (Can., Feb. 25, 1993) (law prohibiting discrimination based on family status does not require employers to treat gay domestic partners as family members) 26 Carparts Distribution Center, Inc. v. Automotive Wholesaler's Ass'n of New England, 826 F.Supp. 583 (D.N.H. Jul. 19, 1993) (ADA employment discrimination title does not apply to benefits plan maintained by wholesalers association; AIDS caps can't be challenged). 67 Casey v. Lewis, 4 F.3d 1516 (9th Cir., Sep 23, 1993) (class action plaintiffs have standing to sue for HIV discrimination). 86 Chalk v. U.S. District Court, 840 F.2d 701 (9th Cir. 1988) (discrimination against schoolteacher with HIV violates Rehabilitation Act). 65 Chiapuzio v. BLT Operating Corp., 826 F.Supp. 1334 (D.Wyo. Jul. 29, 1993) ("bisexual harasser" was not treating male and female employees the same). 64 City of Dallas v. England, 846 S.W.2d 957 (Tex.App., Feb. 10, 1993) rehearing of writ of error overruled (Jun. 9, 1993) (police department must consider lesbian and gay applicants without regard to sexual orientation). 16, 41 Clarke v. United States, 915 F.2d 699 (D.C.Cir. 1990) (finding moot a challenge to a D.C. appropriations law that allows discrimination against homosexuals). 48 Cleburne v. Cleburne Living Center, 473 U.S. 432 (1985) (requires gov't to provide rational justification for discrimination on basis of mental disability). 47, 89 Coleman v. American Red Cross, 145 F.R.D. 422, (E.D.Mich., Jan. 5, 1993) (AIDS transmission suit dismissed for plaintiffþs violation of protective order by hiring detective to discover blood donorþs identity). 13 Collins v. Collins, 1993 WL 177159 (Tenn.App. 1993) (rejecting lesbian motherþs appeal of custody order). 49 Coming Up, Inc. v. San Francisco, 830 F.Supp. 1302 (N.D.Cal. Aug. 6, 1993) (dismissing codefendant suit against San Francisco over confiscation of newspaper picturing police chief masturbating on cover). 64 Committee on Professional Ethics and Conduct of the Iowa State Bar Assþn v. Barrer, 495 N.W.2d 756 (Iowa, Feb. 17, 1993) (suspending indefinitely attorney who when drunk made obscene phone calls to high school students requesting they engage in homosexual relations). 26 Commonwealth v. Leno, 616 N.E.2d 453 (Mass., Jul. 15, 1993) (rejecting necessity defense in needle-exchange case). 65 Commonwealth v. Proulx, 612 N.E.2d 1210 (Mass.App.Ct., May 19, 1993) (individual voir dire not required in cases involving same-sex relations). 53 Commonwealth v. Sander, 421 N.E.2d 436 (Mass. 1981) (individual voir dire required in interracial rape cases if sought by defendant). 53 Commonwealth v. Smithton, 631 A.2d 1053 (Pa.Super., Sep 29, 1993) (alleged victims of crimes for which defendant was acquitted may not testify at sentencing for other crimes). 86 Community Housing Improvement Program v. New York State Division, N.Y.L.J., Apr. 28, 1993, at 26 (N.Y. Sup. Ct.) (upholding housing rights for non-traditional families). 42 Conroy, Matter of, 138 A.D.2d 212 (N.Y.App.Div., 3rd dept, 1988) (short time girlfriend of deceased had standing to sue over boyfriend's funeral). 83 Cook v. Akron General Medical Center, 620 N.E.2d 222 (Ohio App., 1993) (affirming jury verdict for defendant hospital in HIV confidentiality suit after plaintiff/patient/employee's HIV- status became known throughout the hospital). 20 Cooper, Matter of, 187 A.D.2d 128, 592 N.Y.S.2d 797 (N.Y.A.D., Feb. 1, 1993) (deceasedþs gay partner not entitled to spousal rights under deceasedþs will). 15 County of Dane v. Norman, 497 N.W.2d 714 (Wis., Apr. 13, 1993) (ordinance prohibiting discrimination based on marital status does not protect unmarried cohabitation) 34 D D.F.D. v. D.G.D., 862 P.2d 368 (Mont., Oct. 21, 1993) (father's past cross dressing not reason to limit visitation rights with child). 94 Dahl v. Secretary of U.S. Navy, 830 F.Supp. 1319 (E.D.Cal., Aug. 30, 1993). (military ban on homosexuals prior to January 1993 violated 5th Amendment) 71 Delaney v. Superior Fast Freight, 14 Cal.App.4th 590, 18 Cal.Rptr.2d 33 (Cal.App., Mar. 24, 1993) (Los Angeles ordinance that bans sexual orientation discrimination preempted by state Fair Employment and Housing Act) 32, 48, 63 Dinges v. Montgomery, --- N.W.2d ----, 1993 WL 388288 (Table, Text in WESTLAW) (Wis.App., Oct. 05, 1993) (denying father's motion for change in custody based in part on mother's lesbian relationship). 82 Dobbins v. State, 605 So.2d 922 (Fla. Dist. Ct. App., Sept. 24, 1992) jurisdiction accepted by 613 So.2d 3 (Fla. 1992) (TABLE, No. 80-580) (hate crime statute constitutional in case involving anti-Semitic beating) 1 Doe v. American Nat. Red Cross, 151 F.R.D. 71 (S.D.W.Va., Oct. 06, 1993) (plaintiff in HIV transmission case may receive name of deceased donor in order to obtain medical records). 86 Doe v. Armour Pharmaceutical Co. 837 F.Supp. 178 (E.D.La, Sep 21, 1993) (remanding HIV transmission case to state court after defendants removed to federal court). 87 Doe v. Aspin, (D.D.C. filed Jul. 27, 1993) (alleging that "don't ask, don't tell" policy for gays in military is unconstitutional). 61 Doe v. Attorney General of the United States, 814 F.Supp. 844 (N.D. Cal., 1992) (HIV+ doctor must disclose status to patients to sustain a claim of handicap discrimination under  504). 12 Doe v. Boeing Co., 846 P.2d 531 (Wash., Mar. 4, 1993) reconsideration denied (Apr. 5, 1993) (transsexual was discharged for wearing a string of pearls to work was discharged for insubordination and not entitled to accommodation for handicap) 24 Doe v. Casey, 796 F.2d 1508 (D.C.Cir. 1986) (remanding case for determination of whether CIA has blanket policy of discharging homosexuals). 48 Doe v. Commonwealthþs Attorney, 403 F.Supp. 1199 (E.D.Va. 1975) affþd 425 U.S. 901 (1976) rehearing denied 425 U.S. 985 (1976) (Virginia's sodomy law is constitutional). 48 Doe v. Cutter Biological, 813 F.Supp. 1547 (M.D.Fla., Feb. 9, 1993) (statute of limitations accrued when plaintiff discovered he was HIV+, not when diagnosed with AIDS) 29 Doe v. District of Columbia Commission on Human Rights, 624 A.2d 440 (D.C.App., Jan. 29, 1993) (not discriminatory to require HIV test of newly admitted suicidal patient, because he was gay man with documented medical history of sexually transmitted diseases). 22, 36 Doe v. Gates, 981 F.2d 1316 (D.C. Cir., 1993) rehearing denied Doe v. Webster, 991 F.2d 818 (D.C. Cir., Mar. 23, 1993) cert. denied Doe v. Woolsey, 114 S.Ct. 337 (Oct. 12, 1993) (Upholding discharge of gay CIA employee). 8, 79 Doe v. New York, 825 F.Supp. 36 (S.D.N.Y., Jun. 14, 1993) (dismissing action for negligent disclosure of HIV status). 56 Doe v. Noe & Northwestern University, (Ill.Cir. filed July 22, 1993) (patient filed suit against dental school after HIV+ student performed invasive procedures on him). 66 Doe v. Roe, 599 N.Y.S.2d 350 (N.Y.A.D., May 28, 1993) (doctor liable for releasing HIV information about patient). 55 Doe v. Rosa, 1993 WL 522124 (N.Y.Sup., Nov. 17, 1993) (banning military recruiters from campuses of state universities). 92 Doe v. State, 189 A.D.2d 199, 595 N.Y.S.2d 592 (N.Y.A.D., Mar. 12, 1993) (upholding $6 million damage award for HIV transmission) 29 Doe v. Town of Plymouth, 825 F.Supp. 1102 (D.Mass. Jul. 2, 1993) (upholding civil rights claim for breach of HIV confidentiality by police officer). 66 Doe v. United States Air Force, 812 F.2d 738 (D.C.Cir. 1987) (finding possible 4th Amendment violation for illegal search of airman's work station and barracks). 48 Doe v. Vanderbilt University, Inc., 824 F.Supp. 746 (M.D.Tenn., Jun. 24, 1993) (American Red Cross is health care provider for purpose of determining statute of limitations in HIV transmission case). 57 Doe v. Washington University, 780 F.Supp. 628 (E.D.Mo., Oct. 02, 1993) (upholding exclusion of HIV+ person from dental school). 85 Donaghey v. Mason Tenders District Council Trust Fund, 25 Daily Labor Report (BNA) D-1, (January 28, 1993) (union-administered health insurance plan that excludes payment for HIV- related medical claims violates ADA). 19 Donahue v. Fair Employment and Housing Com'n, 859 P.2d 671 (Cal., Sep 30, 1993) (dismissing appeal of ruling that landlord could refuse housing to unmarried couple on religious grounds). 94 Dronenburg v. Zech, 741 F.2d 1388 (D.C.Cir. 1984) rehearing denied 746 F.2d 1579. (upholding of dismissal of soldier for engaging in gay sex). 48, 89 Dubbs v. C.I.A., 866 F.2d 1114 (9th Cir., Jan. 25, 1989) (finding blanket policy in CIA to dismiss people based on homosexuality). 79 Duran v. State, 1993 WL 1634 (Tex.App., 1993) (Not Officially Published) (affirming conviction of gay man for public lewdness resulting from arrest of appellant and another man for engaging in oral sex in a public bookstore and arcade). 10 Dutson v. Farmers Ins. Exchange, 815 F.Supp. 349 (D.Or., 1993) (independent contractor not protected against employment discrimination under ADA). 21 Dwight B. v. Board of Education of City of Newburgh, 600 N.Y.S.2d 414 (N.Y. Sup. Ct. May 11, 1993) (HIV information admissible even though it was obtained unlawfully).44 E Elaine W. v. Joint Diseases North General Hosp.,Inc., 81 N.Y.2d 211, 613 N.E.2d 523 (N.Y., May 6, 1993) (drug detox programs may not discriminate against pregnant women). 45 Elzie v. Aspin, 1993 WL 468483 (D.D.C., Nov. 02, 1993) (ordering reinstatement of discharged gay Marine corpsman). 90 Employment Division v. Smith, 494 U.S. 872 (Apr. 17, 1990) (legitimate government policies that incidentally burden free exercise of religion do not violate free exercise clause). 81 Engel v. Worthington, 19 Cal.App.4th 43, 23 Cal.Rptr.2d 329 (Cal.App. 4th dist, Sept. 30, 1993) (photographer violated civil rights of gay couple by refusing to include them in reunion memory book). 83 Evans v. Romer, 60 Empl. Prac. Dec.  41,998, 1993 WL 19678 (Colo. Dist. Ct., Jan. 15, 1993) (preliminary injunction preventing stateþs anti-gay Amendment 2 from taking effect). 7 Evans v. Romer, 854 P.2d 1270 (Colo. Jul. 19, 1993) cert. denied 114 S.Ct. 419 (Nov. 01, 1993) (affirming lower court's issuance of preliminary injunction against Amendment 2.) 59, 80, 94 F Faipeas v. Municipality of Anchorage, 860 P.2d 1214 (Alaska, Oct. 15, 1993) (title and description of anti-gay initiative were misleading and could not be used to initiate a referendum). 81 Farmer v. Brennan, 1992 WL 551148 (7th Cir., Aug. 7, 1992) cert. granted 114 S.Ct. 56 (Oct. 04, 1993) (suit by male to female transsexual prisoner on cruel and unusual punishment claim). 79 Faya v. Almaraz, 620 A.2d 327 (Md., Mar. 9, 1993) (HIV+ surgeon has legal duty to disclose HIV status to patients before performing invasive surgery) 23, 65 Feres v. United States, 340 U.S. 135 (1950) (suits under the FTCA by service members are barred if they arise out of or are in course of activity incident to service). 21 Finley v. National Endowment for Arts, 795 F.Supp. 1457 (C.D.Cal., Jun. 9, 1992) (þgeneral standards of decencyþ standard is unconstitutional) 34, 52 Forsyth County v. Nationalist Movement, 112 S.Ct. 2395 (1992) (parade permit schemes must be content-neutral). 73 Fox v. Fox, No. 79,676 (Ok.App., Sep. 28, 1993) (change of custody due to mother's lesbian relationship). 82 Franklin v. Gwinnett County Public Schools, 112 S.Ct. 1028 (1992) (individual right of action for discrimination under federal statute). 56 G Gay & Lesbian Law Students Ass'n at University of Connecticut School of Law v. Board of Trustees, University of Connecticut, 1992 WL 310610 (Conn.Super., Oct. 14, 1992) (refusing to exempt military from school's anti-discrimination policy). 92 Gay Alliance of Genesee Valley v. City Assessor, City of Rochester, 599 N.Y.S.2d 370 (N.Y.Sup.Ct., Apr. 14, 1993) (City unconstitutionally discriminated against Alliance when it denied property tax exemption to group's community center) 34 Gay and Lesbian Services Network, Inc. v. Bishop, 832 F.Supp. 270 (W.D.Mo., Sept. 13, 1993) (parade fee violates 1st amendment). 73 Gay Law Students Assþn v. Pacific Telephone and Telegraph, 595 P.2d 592 (Cal. 1979) (California Constitution prohibits public utility from arbitrarily discriminating against homosexuals). 51 Gay Teachers Assoc.'s v. Board of Education, 183 A.D.2d 478, 585 N.Y.S.2d 1016 (N.Y.A.D., 1st Dept, 1992) (Gay teachers association entitled to trial of claim for partnership benefits). 73, 90 Gilbert v. Sears, Roebuck and Co., 826 F.Supp. 433 (M.D.Fla., Jul. 14, 1993) (allowing suit to go forward on restroom surveillance). 62 Glasser v. California State Automobile Association, No. 948285 (Ca.Super.Ct.., Apr. 5, 1993) (San Franciscoþs gay rights law is preempted by state Fair Employment and Housing Act) 32 Gordon v. Lance, 403 U.S. 1 (1971) (equal protection clause not violated by requirement that 60% of voters in referendum election approve tax increase). 59 Grady v. Corbin, 495 U.S. 508, 110 S.Ct. 2084, 109 L.Ed.2d 548 (1990) (issue for double jeopardy is conduct State will prove, not evidence proving it) 27 Grievance of B.M., S.S., C.M. and J.R., No. 92-32 (Vt.Lab.Rel.Bd. June 4, 1993) (University of Vermont violated its policy against sexual orientation discrimination by not offering medical benefits to partners of lesbian and gay faculty members). 51 Griffin v. Breckenridge, 403 U.S. 88 (1971) (Racial conspiracies covered by 42 U.S.C.  1983). 52 Griggs v. Duke Power Co., 401 U.S. 424 (1971) (facially neutral policies violate Title VII if they disproportionately affect defined group of employees). 51 Grundy v. Clevinger, 1993 WL 243647 (Va.App. Jul. 6, 1993) (employer liable for cost of HIV and hepatitis testing). 67 H H.J.B. v. P.W., 1993 WL 270865 (Ala.Civ.App., Jul. 23, 1993) (Court removes HIV+ gay father as custodian of child). 67 Haig v. Canada, 9 O.R.3d 495 (Canada, 1992) (Canadian Human Rights Act bars anti-Gay discrimination) 27 Haitian Centers Council, Inc. v. Sale, 817 F.Supp. 336 (E.D.N.Y., Mar. 26, 1993) (HIV+ Cubans detained at Guantanamo must be moved due to inadequate medical conditions). 36 Haitian Centers Council, Inc. v. Sale, 823 F.Supp. 1028 (E.D.N.Y., Jun. 8, 1993) (unconscionable treatment of HIV+ Haitian detainees must cease). 54 Haitian Refugee Center, Inc. v. Baker, 953 F.2d 1498 (11th Cir. 1992) (ordering an end to unfair treatment of HIV+ Haitian refugees) 55 Hall v. Abigail Adams National Bancorp, Inc., 2 Am.Dis.Cases (BNA) 1265 (D.C.Super, Sep 10, 1993) (bank could be sued by former employee for disability discrimination, even though bank did not know employee had AIDS). 85 Harrington v. Cole, BNA Daily Lab. Rep. No. 120, A-9 (6/24/93) (jury awarded $960,000 to police officer suspended for refusing to submit to a penile plethysmograph). 52 Harris v. Forklift Systems, Inc., 114 S.Ct. 367 (Nov. 09, 1993) (Clarifying hostile work environment claims under Title VII). 91 Harry G., Matter of, N.Y.L.J., 6/28/1993 at 28 (N.Y.Fam.Ct.) (there must be evidence that rapist/child molester has HIV before a court can demand that accused submit to AIDS test). 56 Hartman v. Stassis, 504 N.W.2d 129 (Iowa App. 1993) (motherþs sexual orientation not an issue in child support case). 49 Hazleton v. State Personnel Commission, 505 N.W.2d 793 (Wis.App. Aug. 11, 1993) (State antidiscrimination law does not apply to National Guard officer who was involuntarily transferred to stand-by reserve after testing HIV+). 67 Hecht v. Superior Court, 16 Cal.App.4th 836, 20 Cal.Rptr.2d 275 (Cal.App. 1993) (heirs of man who committed suicide cannot block bequest of sperm to a woman the man had been involved with). 53 Heller v. Doe by Doe, 113 S.Ct. 2637 (Mar. 22, 1993) (making Title VII disparate treatment discrimination claims more difficult to win). 47, 71, 89 Henrickson v. Sammons, 434 S.E.2d 51 (Ga., Sept. 13, 1993) (HIV discrimination claim governed by two-year statute of limitations). 77 Herrod, Estate of, 1993 WL 382464 (Ill.App. 1st Dist, Sep 30, 1993) (HIV positive mother may appoint "standby guardian" to care for children if she was unable to). 85 High Tech Gays v. DISCO, 895 F.2d 563 (9th Cir., 1990) (upholding denial of security clearances to homosexuals). 71 Hill v. Evans, 1993 WL 439966 (M.D.Ala., Oct. 07, 1993) (striking down part of Alabama law requiring involuntary testing of people at high risk for HIV). 97 Hotel St. George Associates v. Morgenstern, 819 F.Supp. 310 (S.D.N.Y., Apr. 20, 1993) (dismissing suit against New York City over AIDS housing issues). 43 Howard v. Alexandria Hospital, 429 S.E.2d 22 (Va., Apr. 16, 1993) (sustaining cause of action for malpractice for fear of AIDS). 44 Hunter v. Bryant, 112 S.Ct. 534 (Dec. 16, 1991) on remand to Bryant v. U.S. Treasury Dept., 957 F.2d 729 (9th Cir., Feb. 27, 1992) (the question of whether police officers acted reasonably was for the jury) 25 Hunter v. Erickson, 393 U.S. 385 (1969) (striking requirement that electorate approve fair housing laws). 59 I Irish-American Gay, Lesbian, and Bisexual Group of Boston v. South Boston Allied War Veterans Council, No. 93-J-138 (Mass. App. Ct., Mar. 1, 1993) (affirming superior courtþs issuance of injunction mandating inclusion of gay and lesbian group in St. Patrickþs Day parade) 23 Irish-American Gay, Lesbian & Bisexual Group of Boston v. City of Boston, Civ. No. 92-1518 (Mass.Sup.Ct., February 19, 1993) (issuing preliminary injunction mandating inclusion of gay group in St. Patrickþs Day Parade). 17, 23 J J.B. and J.W.B. v. Sacred Heart Hospital, 996 F.2d 276 (11th Cir. Jul. 27, 1993) (certified question to Florida Supreme Court whether hospital committed malpractice by not informing brother of AIDS patient of risks from transport). 68 J.B. v. Bohonovsky, 835 F.Supp. 796 (D.N.J., Nov. 3, 1993) (Surviving partner may bring suit against lover's estate for intentional infliction of emotional distress for failure to disclose he was HIV+). 97 J.M.G., Matter of Adoption of a Child by, 632 A.2d 550 (N.J.Super.Ct.Ch.Div., Jul. 28, 1993) (Approving lesbian co-parent adoption) 62 J.N. and E.N., Matter of Commitment of, 601 N.Y.S.2d 215 (N.Y.Fam.Ct., Jun. 22, 1993) (granting adoption petition of white lesbian foster mother for a black infant). 49 Jacobson v. United States, 112 S.Ct. 1535 (Apr. 6, 1992) (federal postal officials unconstitutionally entrapped Nebraska farmer for purchasing pornography featuring underage males) 26 Jaime (Encarnation) v. St. Jose Hospital Foundation, 853 S.W.2d 604 (Tex.App., Mar. 18, 1993) (summary judgment for hospital on allegation of negligent transmission of HIV through 1982 transfusion). 36 Jantz v. Muci, 976 F.2d 623 (10th Cir. 1992) cert. denied 113 S.Ct. 2445 (1993) (denying petition for cert. in a sexual orientation discrimination case). 47 Jeanne v. Hawkes Hosp. of Mt. Carmel, 598 N.E.2d 1174 (1991) caused dismissed by 579 N.E.2d 210 (Ohio, 1991) (upholding $8 million verdict for HIV transmission) 29 Jhordan C. v. Mary K., 179 Cal. App.3d 386, 224 Cal.Rptr. 530 (Cal.App., Mar. 28, 1986) (sperm donors can assert parental rights if donation was neither anonymous nor made with physician intermediary) 34 Johnson v. Calvert, 851 P.2d 776 (Cal., May 20, 1993) (surrogacy contract did not violate public policy under specific circumstances). 41 Johnson v. Schlotman, 502 N.W.2d 831 (N.D., Jul. 1, 1993) (denying lesbian motherþs custody request). 49 Johnson v. United States, 810 F.Supp. 7 (D.D.C., Jan. 11, 1993) (HIV-negative plaintiffþs claim of negligence against military for failing to inform her that positive test was false may continue, because acts of negligence were not connected to military service). 21 Johnson, Matter of Adoption of, 612 N.E.2d 569 (Ind. Ct. App., Apr. 19, 1993) (taking custody of child away from prospective adoptive parents with AIDS). 44 Jones v. Moore, 996 F.2d 943 (8th Cir., Jun. 28, 1993) (constitutional to deprive access to sex offenders program to HIV+ prisoner). 56 Joshua H., In re, 13 Cal.App.4th 1734, 17 Cal.Rptr.2d 291 (Cal.App., Mar. 8, 1993) (California hate crimes law does not violate 1st Amendment) 24 K Katz v. United States, 389 U.S. 347 (1967) (right of privacy from unwarranted surveillance covers telephone booth) 33 Kerins v. Hartley, 17 Cal.App.4th 713, 21 Cal.Rptr.2d 621 (Jul. 30, 1993) opinion modified, rehearing denied (Cal. Aug. 27, 1993) (reversing summary judgment dismissal in "fear of AIDS" case brought by former patient of doctor who died from AIDS). 66 Kern v. Brown, 4 Vet.App. 350, 1993 WL 63027 (Vet.App., Mar. 10, 1993) (upholding denial of military disability pension because U.S. Army reservistþs HIV infection not service related) 29 Kirkpatrick v. Whitley, 992 F.2d 491 (5th Cir., May 20, 1993) (granting writ of habeas corpus for defendant convicted of murder because police and prosecutors kept evidence of defendantþs sexual orientation from jury, which could have supported justification defense). 41 Kramer v. Union Free School District No. 15, 395 U.S. 621 (1969) (equal rights violations by government are subject to strict scrutiny). 59 Krivanek v. Take Back Tampa Political Committee, 625 So.2d 840 (Fla., Sep. 30, 1993) (people must be registered to vote when they signed petitions to repeal a gay rights ordinance). 81 L Leckie v. Voorhies, No. 60-92-06326 (Or. Cir. Ct. April 5, 1993) (dismissing paternity and visitation petition by sperm donor against lesbian mother). 50 Leitner v. State, 1993 WL 304606 (Ala.Crim.App., Aug. 13, 1993) (holding sadomasochistic gay fantasy journal admissible in murder trial). 74 Lewis v. Alcorn, 996 F.2d 1225 (9th Cir., Jun. 14, 1993) (homosexuals not a class entitled to protection under  1983). 52 Lewis v. Arave, 996 F.2d 1225 (9th Cir., Jun. 14, 1993) (upholding prison warden's decision to block inmate from receiving NAMBLA Bulletin). 52 Lloyd v. Grella, 151 Misc.2d 412, 580 N.Y.S.2d 988 (N.Y.Sup.Ct., 1992) affþd 594 N.Y.S.2d 1007 (N.Y.A.D., 1993) leave to appeal granted 82 N.Y.2d 657 (N.Y., Oct. 07, 1993) (affirming ruling requiring all schools chartered by the state of New York to let military recruiters use their placement facilities). 16, 84, 92 Lock v. Grape Expectations, Inc., 2 F.3d 1157 (9th Cir., Aug. 2, 1993) (HIV+ man protected by Oregon law protecting disabled). 76 Long Beach Lesbian and Gay Pride, Inc. v. City of Long Beach, 14 Cal.App.4th 312, 17 Cal.Rptr.2d 861 (Cal.App., Mar. 19, 1993) (Long Beach ordinance vested too much discretion in city manager to withhold parade permit) 33 Long v. American Red Cross, 145 F.R.D. 658 (S.D.Ohio, Feb. 26, 1993) (plaintiffs in HIV transmission suit are entitled to discovery of the identity of the deceased blood donor) 29 Loving v. Virginia, 388 U.S. 1 (1967) (holding unconstitutional Virginia law banning inter-racial marriages). 39 Lubowitz v. Albert Einstein Medical Center, 623 A.2d 3 (Pa. Super. Ct., 1993) (no cause of action against medical center for false positive result in HIV test). 44 Lucas v. South Carolina Coastal Council, 112 S.Ct. 2886 (1992) on remand to 424 S.E.2d 484 (S.C., 1992) (takings clause case is ripe and may proceed). M M.J.P. v. J.G.P., 640 P.2d 966 (Okl., Feb. 02, 1982) (unfair to the well being of child to let it be raised in homosexual household). 82 M.S. and A.G., In re, 17 Cal.App.4th 1328, 22 Cal.Rptr.2d 560 (Aug. 17, 1993) (upholding portion of hate crimes law that penalizes threat of force directed at people due to sexual orientation). 63 Mabon v. Keisling, 856 P.2d 1023 (Or., Aug. 19, 1993) (approving wording of anti-gay ballot initiative). 72 Malanga v. Goldshein, NYLJ, 6/30/93, p.22 (N.Y.Sup.Ct., N.Y. County) (non-traditional families need to formalize living together arrangements to recover after separation). 52 Male Infant L., Matter of, 462 N.E.2d 1165, 474 N.Y.S.2d 447 (N.Y., Mar. 29, 1984) (biological parent has right to custody above all others). 94 Marchica v. Long Island Rail Road, 810 F.Supp. 445 (E.D.N.Y., Jan. 26, 1993) (emotional injuries resulting from fear of contracting AIDS are recoverable under FELA). 21, 36 Marcussen v. Brandstat, 836 F.Supp. 624 (N.D.Iowa, Nov. 01, 1993) (does not violate 8th Amendment to house an HIV+ inmate with non-infected inmate). 99 Marriott v. Sedco Forex International Resources, Ltd., 827 F.Supp. 59 (D.Mass. Jul. 22, 1993) (oil rig workers have cause of action for emotional distress after vaccination for hepatitis B that may have been tainted with HIV). 66 Mason Tenders District Council Welfare Fund v. Donaghey, No 93 Civ. 1154, Daily Labor Report (BNA No. 223, Nov. 11, 1993 (S.D.N.Y.)) (welfare fund is an employer under ADA and must provide coverage for HIV positive member). 96 Mason Tenders District Council Welfare Fund v. Donaghey, No. 93-CIV-1154 (S.D.N.Y. filed Mar. 1, 1993) [Daily Labor Rep. (BNA) No. 40 (Mar. 3, 1993) p. A-8] (request to declare invalid EEOC ruling that cutting insurance benefits for AIDS was in violation of ADA) 28 McGann v. H. & H. Music Co., 946 F.2d 401, (5th Cir., 1991) cert. denied sub. nom. Greenberg v. H. & H. Music Co., 113 S.Ct. 482 (1992) (employer did not violate ERISA by switching to self-insurance to avoid paying for employeeþs AIDS care) 28 McKinney v. Atlanta, CA No. E-16763 (Ga. Super., Fulton Co., filed Aug. 9, 1993) (Challenging domestic partnership benefits ordinance). 63 Meinhold v. United States, 808 F.Supp. 1455 (C.D. Cal. 1993) upholding injunction, 61 Empl. Prac. Dec. 42,619 (9th Cir., 1993) (permanent injunction against Department of Defense preventing enforcement of anti-gay ban). 7, 17, 25, 61, 71 Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986) (embracing hostile environment theory for sexual harassment). 64, 91 Miller v. Spicer, 822 F.Supp. 158 (D.Del., May 7, 1993) (allowing suit against hospital claiming discrimination for perceived homosexuality). 55 Mitchel B., Matter of, 80 N.Y.2d 299, 604 N.E.2d 122 (N.Y., Oct. 29, 1992) (a child will have a more "normal" life in its "natural home"). 94 Mixon v. Grinker, 595 N.Y.S.2d 876 (N.Y.Sup., Mar. 4, 1993) (HIV-infected homeless housed in same room must be in beds at least 8 feet apart to cut down on the spread of disease) 28 Moore v. Johnson, 826 F.Supp. 1106 (W.D.Mich. Jul. 22, 1993) (daughter of person allegedly infected with AIDS by "Magic" Johnson does not have a claim for intentional infliction of emotional distress). 67 Murray v. Hamot Medical Center, 633 A.2d 196 (Pa.Super., Nov. 04, 1993) (statute of limitations begins to run when plaintiff discovers HIV infection). 99 N Nazeri v. Missouri Valley College, 860 S.W.2d 303 (Mo., Aug. 17, 1993) (allegations that person is a lesbian prima facie case for slander) 75 Neal v. Neal, 1993 WL 94461 (Idaho App., 1993), Opinion Withdrawn and Superseded by 1993 WL 130291, Opinion Withdrawn and Superseded by 1993 WL 228394 (suggesting that there may be a cause of action for mental anguish for fear of contracting AIDS under state law). 36, 44, 56 Nelson v. State, 848 S.W.2d 126 (Tex. Ct. App. 1992) petition for cert. filed (Apr. 20, 1993) (NO. 92-8444) (fear of lustful advance from homosexual not defense to murder) 2 New York City Employees' Retirement System v. Securities and Exchange Commission, 1993 WL 556412 (S.D.N.Y., Oct. 15, 1993) (SEC violated APA by excusing corporations from including shareholder resolutions on corporate non-discrimination policies from proxy statements). 26, 82 New York County Bd. of Ancient Order of Hibernians v. Dinkins, 814 F.Supp. 358 (S.D.N.Y., 1993) (parade sponsor may exclude gay and lesbian groups from St. Patrickþs Day Parade) 23 New York Times Co. v. Sullivan, 376 U.S. 254 (1964) (in libel suit involving public official, plaintiff must prove actual malice). 53 New York v. Ferber, 458 U.S. 747 (1982) on remand to People v. Ferber, 57 N.Y.2d 256, 441 N.E.2d 1100, 455 N.Y.S.2d 582 (N.Y., 1982) (upholding statute making age of majority 16). 9 Nomi v. Regents for the University of Minnesota, 5 F.3d 332 (8th Cir., Sept. 21, 1993) (student lacked standing to challenge school's ban on anti-gay recruiting). 75 Nomi v. Regents for University of Minnesota, 796 F.Supp. 412 (D.Minn., Jun. 16, 1992) (just because it is legal for government to discriminate based on sexual orientation does not mean State must follow that rule). 93 North Shore University Hospital v. Rosa, 600 N.Y.S.2d 90 (N.Y.A.D. 1993) (hospitalþs isolation techniques appropriate in mid-1980þs to combat AIDS). 56 Northern Life Ins.Co. v. Ippolito Real Estate Partnership, 1993 WL 310492 (Ill.App. 1st Dist., Aug. 17, 1993) (summary judgment against insurance company that avoided obligation to pay on death of AIDS patient). 77 O Otway et al., v. City of New York, 818 F.Supp. 659 (S.D.N.Y., Apr. 15, 1993) (refusing to enjoin City from preventing Hibernians from using city streets or funds for St. Patrickþs Day parade) 35 Owens v. Storehouse, Inc., 984 F.2d 394 (11th Cir., Feb. 25, 1993) (ERISA no bar to putting $25,000 cap on AIDS-related health care claims) 28 P Palmore v. Sidoti, 466 U.S. 429 (1984) (private biases and injury therefrom are impermissible considerations under equal protection for denying custody to natural mother). 82, 89 Patton v. State, 1993 WL 25365 (Tex.App., Feb. 5, 1993) (right to privacy does not extend to masturbation in public restroom). 16 People v. Baggett & Lev, Nos. 93N010775 & 93N010776 (N.Y.Crim.Ct., N.Y.County, 1993) (dismissing criminal mischief charges against two ACT-UP members). 56 People v. Baxley, (Louisiana Criminal District Court, 1993), appeal pending (granting motion declaring sodomy law unconstitutional). 48 People v. Brashier, 496 N.W.2d 385 (Mich. App., Dec. 29, 1992) (gross indecency measured by þcommon sense of societyþ standard) 24 People v. Brown, 597 N.Y.S.2d 395 (N.Y. App. Div. 1st Dept, 1993) (evidence that defendant said he had AIDS and threatened to bite police during arrest was not admissible). 45 People v. Cord, 607 N.E.2d 574, (Ill.App., Jan. 15, 1993) (rejecting þhomosexual panicþ defense for rape-murder of gay man). 9 People v. Dempsey, 610 N.E.2d 208 (Ill.App., Mar. 19, 1993) (trial judge abused discretion in sentencing defendant for criminal transmission of HIV, sentence vacated) 35 People v. Dexter, 148 N.W.2d 915 (Mich. App., 1967) (adopting þcommon sense of societyþ standard for gross indecency) 24 People v. Hicks, 56 N.W. 1102 (Mich., 1893) (adopting þcommon sense of the communityþ standard for gross indecency) 24 People v. Howell, 238 N.W.2d 148 (Mich., 1976) (rejecting þcommon sense of societyþ standard for gross indecency because it vested unstructured discretion in trier of fact to determine whether crime has been committed). 24 People v. Lawson, 603 N.Y.S.2d 311 (N.Y.A.D. 1st dept., Nov. 16, 1993) (upholding dismissal of criminal charges against homeless HIV+ defendant). 96 People v. Lino, 476 N.W.2d 654 (Mich.App., 1991) (adopting Howell plurality decision rejecting þcommon sense of societyþ standard for gross indecency) 24 People v. Nitz, 610 N.E.2d 1289 (Ill.App., Mar. 9, 1993) (upholding life sentence for brutal murder and decapitation of gay man) 26 People v. Overs Enterprises, N.Y.L.J., January 22, 1993, at 26 (N.Y.Sup.Ct., Jan. 22, 1993) (Issuing permanent injunction against marketing HIV-negative ID cards). 13 People v. Price, NYLJ, 7/26/93 p. 27 (N.Y.Sup.Ct., Richmond County) (granting compassionate release for AIDS victim arrested on drug charges). 67 People v. Rios, N.Y.L.J. (February 29, 1993) at 21 (N.Y.Sup.Ct.) (AIDS defense does not vacate defendantþs guilty plea). 21 People v. Shoemake, 16 Cal.App.4th 243 (Cal.App. 1993) (upholding AIDS-enhancement for a rape-sodomy conviction). 56 People v. Superior Court, 15 Cal.App.4th 1593 (Cal. App. May 19, 1993) (upholding Californiaþs hate-crimes law). 47 People v. Triggs, 8 Cal.3d 884, 506 P.2d 232, 106 Cal.Rptr. 408 (Cal., 1973) (surreptitious surveillance of menþs room through a peep hole by police officers was unconstitutional). 16 Petition of Bruce Joel Gressin, No. A72-457-702 (INS, N.Y., Sept. 3, 1993) (approving advance processing for gay man to adopt a child from overseas). 73 Peyton, Charles d/b/a Jeff Stryker v. California Publishers Liquidating Corp. (Cal. Super. Ct., Los Angeles County, Sep 9, 1993) (dismissing breach of contract suit over Jeff Stryker dildos). 95 Phelps v. Field Real Estate Co., 991 F.2d 645 (10th Cir., Apr. 16, 1993) (you must disclose your HIV status to be protected under ERISA). 42 Piazza v. University of Oregon, CA A70094 (Or.App., Oct. 01, 1993) (dismissing housing discrimination suit as moot after change in policy). 84 Polly v. Houston Lighting and power Co., 825 F.Supp. 135 (S.D.Tex.,Jun. 7, 1993) (sex discrimination claim could arise from same-sex harassment). 52 Presbytery of New Jersey v. Florio, 830 F.Supp. 241 (D.N.J. Aug. 10, 1993) (Dismissing challenge to constitutionality of New Jersey's gay rights law). 64, 75 Presbytery of New Jersey v. Florio, 983 F.2d 1052 (3rd Cir., 1992) (affirming a ruling refusing to enjoin State from enforcement of gay rights law) 1 Pruitt v. Cheney, 963 F.2d 1160 (9th Cir. 1991), cert. denied 113 S.Ct. 655, (1992) (Supreme Court denies governmentþs petition for review of 9th Circuit ruling that Army must provide objective justification for discharge of Lesbian servicemember) 1, 7, 47, 61, 71 R R.A.V. v. City of St. Paul, 112 S.Ct. 2538 (1992) (hate speech law violates 1st Amendment), 1, 24, 47, 74, 83 R.J. v. Humana of Florida, Inc., 625 So.2d 116 (Fla.App. 5th dist., Oct. 15, 1993) (no cause of action for incorrectly diagnosing someone HIV+). 98 Rathke v, MacFarlane, 648 P.2d 648 (Colo. 1982) (articulating Colorado's six part test for injunctive relief) 59 Ratner v. Noble, 617 N.E.2d 649 (Mass.App.Ct., Aug. 13, 1993) review denied 621 N.E.2d 685 (Mass., Sept 28, 1993) (openly lesbian legislator was not liable for tortuous interference with advantageous relationships in suit by former lover). 75 Reitman v. Mulkey, 387 U.S. 369 (1967) (holding government responsible for discrimination that it significantly encourages). 92 Renander v. Inc., Ltd., 500 N.W.2d 39 (Iowa, 1993) (Hate crimes law required physical harm or threat of physical harm). 53 Rent Stabilization Assþn of New York v. Higgins, 592 N.Y.S.2d 255 (N.Y.A.D., Jan. 12, 1993) (upholding regulations granting succession rights to domestic partners of rent-controlled and rent- stabilized tenants). 10 Reuter v. Skipper, 832 F.Supp. 1420 (D.Or., Aug. 24, 1993) (cannot discharge corrections officer for cohabiting with ex-con). 84 Reynolds v. Sims, 377 U.S. 533 (1964) (voting rights and reapportionment). 59 Rhone-Poulenc Rorer, Inc. V. Home Indem. Co., 832 F.Supp. 114 (E.D.Pa. Aug. 9, 1993) (insurers not excluded from liability to hemophiliacs who acquired HIV infection from Factor VIII). 68 Richards v. State, 608 So.2d 917 (Fla. Dist. Ct. App., 1992) (hate crime statute is unconstitutionally void for vagueness) 1 Robert Paul P., Matter of Adoption of, 63 N.Y.2d 233, 471 N.E.2d 424 (N.Y., 1984) (same- sex adult adoptions cannot be granted). 40 Roberts v. United States Jaycees, 468 U.S. 609 (Jul. 03, 1984) (holding, in dicta, there is a constitutional right to intimate association). 81 Robinson v. Lorillard Corp., 444 F.2d 791 (4th Cir., 1971) (expense is not a consideration when employment practice is discriminatory). 51 Roe v. Roe, 324 S.E.2d 691 (Va., 1985) (irrebuttable presumption against lesbian and gay parents attempting to seek or retain their rights as parents). 72 Roe v. Wade, 410 U.S. 113 (1972) (women have constitutional right to abortion under the right to privacy). 48 Roth v. New York Blood Center, 596 N.Y.S.2d 639 (N.Y.Sup., Feb. 10, 1993) (refusing to require blood donor to appear before court in negligence suit against blood bank for supplying woman with HIV contaminated blood) 29 Rotondo v. State, 1993 WL 260381 (Tex.App. Jul. 14, 1993) (affirming murder conviction of man who sodomized and killed roommate who was KKK member). 63 Rovira v. A T & T, 817 F.Supp. 1062 (S.D.N.Y., Mar. 25, 1993) (dismissing a claim for survivorþs benefits by lesbian life partner of deceased employee). 33 S Sanfilippo v. Carrington's of Melville, Inc., 601 N.Y.S.2d 663 (N.Y.Sup., Aug. 12, 1993) (HIV+ patient who has not developed AIDS entitled to trial preference). 77 Sattler v. New York Commþn on Human Rights, 180 A.D.2d 644 (N.Y.A.D. 1992) rev. denied 81 N.Y.2d 701 (1992) (dentistþs private practice not place of public accommodation). 56 Seaman v. Arvida Realty Sales, 985 F.2d 543 (11th Cir., Mar. 10, 1993) (employer cannot require employees to switch to independent contractor status to avoid health care costs) 28 Selby v. Rapping, 1992 WL 400739 (S.D.N.Y., 1992) reconsideration denied 1993 WL 36143, reconsideration denied 1993 WL 88269 (prison and hospital officials did not violate plaintiffþs rights by releasing HIV status to physician treating plaintiff). 13 Selland v. Aspin, 832 F.Supp. 12 (D.D.C., Sept. 28, 1993) (Navy Lieutenant granted temporary injunctive relief against discharge based on sexual orientation pending resolution of constitutionality of ban). 79 Seward v. Mentrup, 622 N.E.2d 756 (Ohio Ct. App., 1993) (Same-sex couple not entitled to þequitable distributionþ of property when long term relationship ends). 40 Shahar v. Bowers, 836 F.Supp. 859 (N.D.Ga., Mar. 06, 1993) (gay relationships protected by right of intimate association; attorney general could refuse to employ lesbian who participated in wedding with lover). 80 Singer v. Hara, 522 P.2d 1187 (Wash, Ct. App., 1974) (ban on same-sex marriage not sex discrimination because men and women affected equally). 39 Smayda v. United States, 352 F.2d 251 (9th Cir., 1965) cert. denied 382 U.S. 981, 86 S.Ct. 555, 15 L.Ed.2d 471 (1966) (upholding surveillance of toilet stall where police had probable cause to believe homosexual activity was taking place) 33 Smedley v. Capps, Staples, Ward, Hastings and Dodson, 820 F.Supp. 1227 (N.D.Cal. 1993) (allegation of sexual orientation discrimination against law firm). 50 Smith v. Jacksonville, Daily Labor Report (BNA) No. 43, (Mar. 8, 1993) p. A-7 (reporting settlement of discrimination claim and reinstatement of transsexual corrections officer) 25 Smith v. Paslode Corp., 7 F.3d 116 (8th Cir., Oct. 07, 1993) (HIV transmission suit barred by statute of limitations, discovery rule does not apply). 86 Soroka v. Dayton Hudson Corp., 13 Cal.App.4th 192 (Cal.App., 1991) (pre-employment psychological tests that ask about sexual orientation violate privacy provision of state constitution). 52 South Boston Allied War Veterans Council v. Zobel, 830 F.Supp. 643 (D.Mass., Mar. 11, 1993) (district court lacked subject matter jurisdiction to decide whether gay group should be included in St. Patrickþs Day Parade) 23 St. Maryþs Honor Center v. Hicks, 113 S.Ct. 2742 (Jun. 25, 1993) (Title VII requires affirmative evidence of discrimination). 47 State Personnel Department v. Mays, 1993 WL 85943 (Ala.Civ.App., Mar. 26, 1993) (reinstating gay man dismissed after allegedly making a homosexual advance towards a co- worker) 34 State v. Ballentine, 1993 WL 290289 (Minn.App., Aug. 3, 1993) (affirming exclusion of evidence of sexual orientation of murder victim). 64 State v. Bates, 507 N.W.2d 847 (Minn. App., Oct. 27, 1993), review denied (Dec. 27, 1993) (affirming conviction for criminal sexual conduct involving children under age of 12). 95 State v. Castillo, 853 S.W.2d 381 (Mo. Ct. App., 1993) (upholding first degree robbery and armed criminal action conviction in gay-bashing incident). 42 State v. Dressler, --- N.W.2d ----, 1993 WL 469759 (Table, Text in WESTLAW) (Wis.App., Nov. 17, 1993) (affirming conviction for murder on the grounds of "homosexual overkill" based on sadomasochistic pornography found in murderer's home). 95 State v. Ellis, 853 S.W.2d 440 (Mo.App. 1993) (upholding þpatronizing prostitutionþ statute on grounds it was not unconstitutionally vague). 53 State v. Ladue, 631 A.2d 236 (Vt. July 1, 1993) (holding constitutional Vermont hate crimes law.) 47 State v. Lancaster, 631 A.2d 452 (Md., Oct. 07, 1993) (holding fellatio is lesser included offense of crime of performing fellatio with a minor). 83 State v. Lewis, 848 P.2d 394 (Idaho, Feb. 25, 1993) (two trials based on same facts, one for knowingly transferring bodily fluid containing HIV and the second for lewd conduct with minor, did not raise Double Jeopardy issue) 27 State v. Lindemann, 506 N.W.2d 172, 1993 WL 280187 (Wis.App. Jul. 28, 1993) (TABLE, Text in WESTLAW) (fear of AIDS from needle not grounds for refusing blood test after drunk driving arrest). 67 State v. Lowe, 505 N.W.2d 662 (Neb., Sept. 17, 1993) (upholding lower court's refusal to admit evidence of accused murderer's sexual orientation). 75 State v. Mitchell, 169 Wis.2d 153, 485 N.W.2d 807 (Wis. 1992) cert granted by Wisconsin v. Mitchell, 113 S.Ct. 810, 121 L.Ed.2d 683 (1992) (NO. 92-515), (sentence enhancement provision for hate crime violates 1st Amendment), 1, 34, 83 State v. Morales, 826 S.W.2d 201 (Tex.App., 1992) (Texas sodomy law unconstitutional). 16 State v. Nowak, 499 N.W.2d 301, (Wis.App., 1993) (TABLE, TEXT IN WESTLAW) (upholding disorderly conduct conviction for soliciting þsome actionþ from undercover police officer in gay cruising area). 9 State v. Plowman, 838 P.2d 558 (Or. 1992), petition for cert. filed (Nov. 23, 1992) (NO. 92- 6702) (upholding constitutionality of hate crimes statute) 1 State v. Sheldon, 629 A.2d 753 (Md., Aug. 27, 1993) (striking state cross burning statute). 74 State v. Smith, 621 A.2d 493 (N.J.Super.A.D., 1993) (whether HIV+ defendant could infect the guard through biting was irrelevant, so long as defendant believed he could infect guard at time he engaged in action). 21 State v. Starkey, 507 N.W.2d 8 (Minn.App., Oct. 12, 1993) (holding exclusion of gay pornography harmless error in conviction of murderer). 83 State v. Talley, 858 P.2d 217 (Wash., Sept. 9, 1993) (holding part of Washington's hate crimes statute unconstitutional). 74 State v. Thomas, 332 N.C. 544, 423 S.E.2d 75 (N.C. 1992) (affirming conviction of truck driver for brutal murder of lesbian) 2 State v. Wyant, 597 N.E.2d 450 (Ohio, 1992) petition for cert. filed 61 USLW 3303 (1992) (NO. 92-568) (sentence enhancement for hate crimes violates 1st Amendment) 1 Steffan v. Aspin, 8 F.3d 57 (D.C.Cir., Nov. 16, 1993) ("no rational basis" for the anti-gay policy under which Steffan was denied Naval Academy diploma and commission as officer). 89 Steffan v. Cheney, 780 F.Supp. 1 (D.D.C. 1991) (finding pre-Clinton policy on gays in military constitutional). 61, 71, 79 Stewart v. Schwartze Brothers-Jeffer Memorial Chapel, Inc., NYLJ, 9/13/93 p. 21 (N.Y.Sup.Ct., Queens County) (gay partner has standing to sue over lover's funeral). 82 Swanson, In re Adoption of, 623 A.2d 1095 (Del. Super. Ct., Apr. 27, 1993) (member of same- sex couple could adopt partner to facilitate estate planning). 40 Syring v. Tucker, 498 N.W.2d 370 (Wis., Apr. 23, 1993) (requiring woman to submit to HIV test after she bit and broke skin of victim, then screamed that she had AIDS). 43 T T.E.P. and K.J.C. v. Leavit, 2 A.D. Cases (BNA) 1299, 1993 WL 547113 (D.Utah, Sept. 17, 1993) (statute invalidating marriages of people with AIDS invalid). 77 Thomas S. v. Robin Y., 599 N.Y.S.2d 377 (N.Y.Fam.Ct. Apr. 13, 1993) (gay man who donated sperm to lesbian couple estopped from asserting parental rights) 33, 50, 94 Thompson v. Patterson, 985 F.2d 202 (5th Cir., Mar. 5, 1993) (rejecting prisonerþs claim of censorship after prison intercepted and deprived plaintiff of paperback books published by Penthouse depicting lesbian sex) 25 Toney v. U.S. Healthcare, Inc., 838 F.Supp. 201 (E.D.Pa., Nov. 5, 1993) (dismissing AIDS discrimination case against health care provider). 97 Traxler v. Varady, 12 Cal.App.4th 1321, 16 Cal.Rptr.2d 297 (Cal.App., Jan. 29, 1993) (affirming jury verdict for defendant doctor after Traxler was infected with HIV from blood transfusion). 20 U United States Information Agency v. Krc, 989 F.2d 1211 (D.C.Cir., Apr. 9, 1993) rehearing denied 998 F.2d 1040 (D.C.Cir., Jul. 23, 1993) pet. for cert filed 62 USLW 3299 (Oct. 21, 1993) (Foreign Service Officer dismissed for his þsexual conductþ on overseas assignment and not for being a homosexual) 31, 94 United States v. City of Philadelphia, 798 F.2d 81 (3rd Cir., Aug. 1, 1986) (city preempted from requiring private law school to exclude military recruiters). 93 United States v. Felix, 112 S.Ct. 1377 (1992) (Double Jeopardy is not judged by a same transaction test) 27 United States v. Gillespie, 852 F.2d 475 (9th Cir., 1988) (evidence of homosexuality can prejudice jury). 52 United States v. Ham, 998 F.2d 1247 (4th Cir., 1993) (evidence of homosexuality was prejudicial in a RICO/mail fraud prosecution). 52 United States v. Jennings, 36 M.J. 773, 1992 WL 405177 (NMCMR, 1992) (refusing to modify military discharge to be administrative rather than for bad conduct after defendant was arrested after being observed performing fellatio with a male servicemember). 18 United States v. Joseph, 37 M.J. 392 (CMA, Sept. 10, 1993) (upholding aggravated assault case for AIDS transmission through broken condom). 76 United States v. Lallemand, 989 F.2d 936 (7th Cir., Mar. 29, 1993) (enhanced prison sentence is justified for blackmail when victim is closeted married homosexual) 32 United States v. Lee, 6 F.3d 1297 (8th Cir., Oct. 7, 1993) (reversing conviction in cross burning incident on 1st Amendment grounds). 83 United States v. Malone, 822 F.Supp. 1187 (E.D.Pa., Jun. 1, 1993) (undercover entrapment of homosexuals for solicitation may not be permissible in known gay cruising areas.) 51 United States v. Meinhold, 114 S.Ct. 374 (Oct. 29, 1993) (Staying injunction against military on "don't ask don't tell" policy). 79, 90 United States v. Morrow, 1992 WL 367882 (AFCMR, 1992) (affirming conviction and dishonorable discharge of HIV+ Air Force Sergeant for series of acts of misconduct against female airman). 12 United States v. Scarpa, 815 F.Supp. 88 (E.D.N.Y., Feb. 23, 1993) (recommending bail be granted so defendant who is terminally ill with AIDS may be moved to private hospital at own expense) 29 United States v. Thomas, 893 F.2d 1066 (9th Cir., 1990) cert. denied 498 U.S. 826 (1990) (requiring scienter for conviction for distribution or receipt of child pornography). 9 United States v. University Hospital, 729 F.2d 144 (2nd Cir., Feb. 23, 1984) (where handicapping condition is condition being treated it is difficult to prove health care discrimination). 98 United States v. X-Citement Video, Inc., 982 F.2d 1285 (9th Cir., 1992) (18 U.S.C.  2252, which prohibits distribution or receipt of child pornography, violates the 1st and 5th Amendments because it lacks scienter requirement regarding minority of performers). 9 Urbaniak v. Newton, 19 Cal.App.4th 1837 (Cal.App. 1st dist., Nov. 12, 1993) (estate of AIDS victim cannot recover for unauthorized disclosure of HIV status). 98 V Vail v. Plain Dealer Publishing Co., 1993 WL 277085 (Ohio App., Jul. 22, 1993) (dismissing claim by political candidate that Cleveland Plain Dealer defamed her by calling her homophobe). 64 Van Dyke v. Van Dyke, 425 S.E.2d 853 (Ga., Feb. 8, 1993) (ex-wife who voluntarily cohabits with another woman still entitled to alimony payments from ex-husband). 15, 31 W Waller, State v., 1993 WL 398452 (Tenn.Cr.App., Oct. 06, 1993) (defending homosexual advance is not defense to murder). 84 Washington v. Champion, 7 F.3d 1046 (10th Cir., Oct. 05, 1993) (TABLE, TEXT IN WESTLAW) (not cruel and unusual punishment to briefly house inmate in same cell with inmate with AIDS). 86 Webster v. Doe, 486 U.S. 592, 108 S.Ct. 2047 (1988) (homosexual CIA employees may be dismissed for reasons of national security). 8 Welsh v. Boy Scouts of America, 993 F.2d 1267 (7th Cir., 1993) (Title II of Civil Rights Act does not apply to Boy Scouts; they are essentially a private club). 41 Westoven v. Lincoln Foodservice Products, Inc., 616 N.E.2d 778 (Ind.Ct.App., Jul. 6, 1993) (affirming low cap on AIDS related medical benefits) 54 Wey v. Evangelical Community Hosp., 833 F.Supp. 453 (M.D.Pa., Sep 21, 1993) (hospital did not violate HIV+ patient's rights by stabilizing him and transferring him to VA hospital). 86 Whalen v. Roe, 429 U.S. 589 (1977) (recognizing right to privacy in avoiding disclosure of personal matters). 66 White v. State, 428 S.E.2d 789 (Ga., May 3, 1993) (affirming murder conviction of defendant who claimed victim used drugs and alcohol to render him susceptible to homosexual sex and drugs caused him hallucinations that led to murder). 41 Williams v. Rhodes, 393 U.S. 23 (1968) (striking down laws that made it difficult for new political parties to field candidates). 59 Willits v. Superior Court, 20 Cal.App.4th 90, 24 Cal.Rptr.2d 348 (Cal.App. 6th dist., Nov. 16, 1993) (clarifying discovery rules in HIV infection cases). 98 Wilson v. Castle, 1993 WL 276959 (E.D.Pa. Jul. 15, 1993) (requiring that sponsors of an anti- gay protest obtain $1 million in insurance was unreasonable). 63 Wisconsin v. Mitchell, 113 S.Ct. 2194 (1993) (enhanced sentences for commission of hate crimes may be constitutional). 47, 63 Woolfork v. State, 623 So.2d 823 (Fla.App. 2nd dist., Sept. 3, 1993) (vacating a sentence under Florida's hate crimes statute). 74 Wyche v. State, 619 So.2d 231 (Fla., Mar. 25, 1993) (invalidating Tampa anti-loitering ordinance as facially unconstitutional because it does not give equal treatment to people with criminal records) 34 Wyman v. Secretary of State, 625 A.2d 307 (Me. 1993) (potential unconstitutionality of proposed anti-gay initiative is not grounds for refusing a petition to put it on ballot). 53 X X Corporation v. "Y" Person, 622 So.2d 1098 (Fla.App. Aug. 6, 1993) (employers can use Declaratory Judgment statute to clarify obligations under State's HIV Discrimination Statute). 67 Y Yee v. City of Escondido, 112 S.Ct. 1522 (1992) (Owners of mobile home park challenge constitutionality of rent control under takings clause). Yepes-Prado v. I.N.S., 10 F.3d 1363 (9th Cir., Oct. 08, 1993) (vacating deportation order based in part on alien's co-habitation and procreation with woman outside of wedlock). 83 Young v. State, 849 P.2d 336 (Nev., Mar. 24, 1993) (videotape surveillance of public restrooms does not violate 4th Amendment) 33 Young, Matter of Adoption of, 1993 WL 115938 (Ohio App., Apr. 12, 1993) (motion to reopen adoption proceeding where adoptive mother is lesbian is time barred) 34 Z Zaczek v. Murray, 983 F.2d 1059, 1992 WL 387565 (4th Cir., 1992) (TABLE, Unpublished Disposition, Text in WESTLAW) (rejecting prisoner's claim that prison violated 8th Amendment rights by failing to identify and separate HIV+ prisoners in order to protect health and safety). 13