Lesbian/Gay Law Notes - 1994 Case Table Compiled by Paul Twarog, NYLS Class of 1995 A Able v. United States, 863 F.Supp. 112 (E.D.N.Y., Sept. 22, 1994), 847 F.Supp. 1038 (E.D.N.Y., April 4, 1994)(denying motion to dismiss in <169>don't ask, don't tell<170> case). 35, 50, 112 Abbruzzes v. Jones, (Mutnomah Co.Cir.Ct.,Ore., May 16, 1994)(The Oregonian)(filing suit claiming unlawful discrimination on basis of gender and sexual orientation). 66 ACT-UP v. NYC Police Dept., NYLJ, Apr. 7, 1994 (settling suit alleging misconduct by police officers). 54 ACT-UP Triangle v. N.C. Commission for Health Services, No. CVS 5480 (Wake Co.) 3 BNA Health Law Reporter 36 d7, 9/15/94 (issuing preliminary injunction barring state from terminating its anonymous HIV testing program). 123 Adams v. Hayne Miller & Farni, Inc., 1994 WL 425189 (Minn.App., Aug. 16, 1994)(reversing dismissal of employment discrimination case). 100 A.D.H. v. State Department of Human Resources, 640 So.2d 969 (Ala.Civ.App., June 10, 1994)(mother who insisted infant is not HIV+ could be ordered to cooperate with doctors in administering AZT to the child). 90 Adoptions of Caitlin & Emily, 1994 WL 761201 (N.Y. Family Ct., Feb. 6, 1994) (court approves second parent adoptions by lesbian life partners of biological mothers). 39 Advisory Opinion to Attorney General - Restricts Laws Related to Discrimination, In re, 632 So.2d 1018 (Fla., Mar. 3, 1994)(anti-gay ballot measure intended to amend constitution failed as it was not a single subject and it was not misleading). 2, 37 AIDS Action Committee of Massachusetts, Inc. v. Massachusetts Bay Transportation Authority, 42 F.3d 1 (1st Cir., Nov. 9, 1994)(MBTA acted unconstitutionally in declining to run seven public services announcements about AIDS). 152 A.L.A. v. West Valley City, 26 F.3d 989 (10th Cir., June 2, 1994)(police officer violated constitutional rights of arrestee by disclosing his believed HIV status). 88 Alberta, Canada, Ct. of Queen's Bench (Apr. 12, 1994)(sexual orientation discrimination is prohibited under Alberta's Individual Rights Protection Act). 150 Alexander v. McCotter, 775 F.2d 595 (5th Cir., 1985)(denying habeas corpus relief in murder conviction). 154 Alfonso v. Fernandez, 606 N.Y.S.2d 259 (N.Y.A.D., Dec. 30, 1993)(holding that voluntary condom distribution plan must offer an opt-out feature by parents). 17 Alison D. v. Virginia M., 77 N.Y.2d 651 (N.Y. 1991)(biological stranger is not entitled to seek visitation rights). 97, 113 Allen v. State, 871 P.2d 79 (Okla.Crim.App., Feb. 15, 1994)(vacating death penalty for lesbian murdering her partner while upholding conviction). 25 American Republic Ins., Co. v. Superintendent of Insurance, 647 A.2d 1195 (Me., Sept. 21, 1994)(holding insurance statute constitutional which prohibits insurance companies from writing policies that have a pre-existing exclusion of greater than 6 mos.). 155 Anastospoulos v. Perakis, 644 A.2d 480 (Me. 1994)(considering wrongful birth case in regard to negligence in HIV testing). 123 Anderson v. Branen, 17 F.3d 552 (2nd Cir., Feb. 24, 1994)(granting new trial to gay man beat up in homophobic manner by DEA agents). 54 Anderson v. Romero, 1994 WL 9645 (N.D.Ill., Jan. 12, 1994)(refusing to dismiss discrimination claims by HIV+ inmate). 18 Anderson v. Shalala, 34 F.3d 1076 (Table) (10th Cir., Aug. 1, 1994)(HIV+ person whose appeal of denial of social security benefits was pending when new regulations passed is entitled to reconsideration under new regulations). 107 Angel Lace M., Interest of, 516 N.W.2d 678 (Wis., June 8, 1994)(denying second-parent adoption to lesbian co-parent). 75, 102 Anonymous Immigration Applicant (U.S. I.N.S., Wash.Blade, Sept. 2, 1994)(granting asylum to gay Pakastani who feared persecution in his own country). 116 Application of Gribetz, 605 N.Y.S.2d 834 (N.Y.Co.Ct., Nov. 29, 1993)(finding a compelling need to order disclosure of results of an AIDS test). 20 Application of Serkan Altan (U.S. I.N.S., Wash.Blade, Oct. 28, 1994)(granting asylum to gay Turk due to harassment of gays in Turkey). 150 Arango-Aradondo v. I.N.S., 13 F.3d 610 (2nd Cir., Jan. 10, 1994)(staying a deportation order of an HIV infected man while he argues that conditions for PWA's in Columbia are hostile). 20 Arkansas Dept. of Correction v. Holybee, 878 S.W.2d 420 (Ark.App., Div. 1, June 29, 1994)(employer is charged with cost of testing for blood infection when employee is potentially exposed to infection). 107 Armstrong v. Flowers Hosp., 33 F.3d 1308 (11th Cir., Oct. 3, 1994)(hospital did not discriminate in firing pregnant nurse who refused to treat AIDS patient). 136 Arnett v. Tuthill Corp., 849 F.Supp. 654 (N.D.Ind., Mar. 30, 1994)(dismissing HIV discrimination case). 57 Arnold v. American Red Cross, 639 N.E.2d 484 (Ohio Ct.App., Mar. 3, 1994)(ruling that trial court improperly ordered Red Cross to release the name, address and social security number of an HIV+ blood donor to plaintiff's attorney in an HIV transmission case). 46 Association for the Lesbian & Gay Movement, In re (Tokyo, Japan Dist. Ct.)(Mar. 30, 1994)(Associated Press)(granting space in public travel lodge for gay group). 56 A.T., Matter of, NYLJ, 1/4/94, p.39, col.3 (HIV+ biting is reckless endangerment). 20 Attorney General v. Desilets, 636 N.E.2d 233 (Mass., July 14, 1994)(statute prohibiting marital discrimination in housing impaired free exercise rights of landlord). 96 B Baehr v. Lewin, 852 P.2d 44 (Hi. 1993)(state's refusal to issue same-sex marriage licenses is subject to strict scrutiny under state constitution's ban of sex discrimination). 56, 86, 115 Bailey v. City of Austin, No. 9407318, Travis Co. Dist.Ct., Texas (June 15, 1994)(filing suit against repeal of domestic partner benefits). 81 Barrett v. Danbury Hospital, 1994 WL 76394 (Conn.Super., Mar. 3, 1994)(to assert a claim for AIDS-phobia, one must show actual exposure to AIDS or HIV). 45 Bass v. Santa Clara County Dept. of Corrections Supervisors, 1994 WL 618554 (N.D.Cal., Oct. 27, 1994)(dismissing civil rights violations complaints of gay and transgender inmates). 148 Bay Times, Matter of, U.S.Dist.Ct., Calf. (N.Y. Times, Sept. 18, 1994)(awarding damages to newspaper against police officers who attempted to remove critical issue from newsstands). 116 Belier Press, Inc. v. Bentley, N.Y. Co. Housing Ct., NYLJ, 9/22/94, p.30(recognizing gay male domestic partners as the equivalent of spouses in eviction dispute). 114 Blain v. Golden State Container, Az.Ct.App., Tucson, May 5, 1994 (Arizona Republic, June 12, 1994)(it is not a violation of public policy for a private sector employer to fire an employee for being gay). 85 Blake v. May Department Stores, 882 S.W.2d 688 (Mo.App. E.D., May 31, 1994)(upholding dismissal of a slander complaint involving AIDS rumors). 90 Blanchette v. Connecticut Genl. Ins. Corp., 419 U.S. 102 (1974)(discussing justiciability in the context of declaratory judgment actions under criminal statutes). 97 Blythe v. Radiometer America, Inc., 886 P.2d 218 (Mont., Dec. 22, 1993)(dismissing an action alleging negligence and breach of contract for using a defective Arterial Blood Gas kit on an AIDS patient). 19 Board of Education v. Sobel, NYLJ, 12/21/93, p.1 (N.Y.Sup.Ct.)(AIDS education must include safe sex and abstinence). 11 Boehm v. American Bankers Insurance Group, Inc., 557 So.2d 91 (Fla.Dist.Ct.App., 1990)(statement that former employee might be gay was not actionable defamation). 63 Bonner v. Lewis, 857 F.2d 559 (9th Cir., 1988)(Rehabilitation Act applies to AIDS). 151 Bordelone v. St. Francis Cabrini Hospital, 640 So.2d 476 (La.App. 3 Cir., May 4, 1994)(one can sue for mental anguish in fear of contracting AIDS when given wrong blood in blood transfusion even if one does not contract AIDS). 69 Bottoms v. Bottoms, 444 S.E.2d 276 (Va.App., June 21, 1994)(lesbian mother is not inherently unfit). 25, 66, 67, 74, 100, 117, 128 Bowers, Estate of, (January 31, 1994)(filing suit against filmmakers for stealing AIDS discrimination story). 33 Bowers, Estate of v. Baker & McKenzie, BNA Daily Labor Report No. 7, 1/11/94, p.A-10 (awarding damages in AIDS discrimination suit). 20 Bowers v. Hardwick, 478 U.S. 186 (1986)(right to privacy does not extend to acts of homosexual sodomy). 3, 51, 78, 102, 129, 130, 140 Boytano v. Fritz, 886 P.2d 31 (Ore.App., Nov. 23, 1994), 875 P.2d 476 (Ore.App., May 25, 1994)(member of electorate could not obtain an order barring an election from being held on a proposed anti-gay initiative). 78, 149 Bracker v. Cohen, 612 N.Y.S.2d 113 (May 10, 1994)(NYC human rights ordinance is not pre-empted by state law). 15, 66 Bradley v. University of Texas M.D. Anderson Cancer Center, 3 F.3d 922 (5th Cir., 1993) cert. denied 114 S.Ct. 1071 (upholding a hospital's decision to transfer a surgical assistant to a clerical position after the assistant revealed in a newspaper article that he is HIV+). 43 Bramer v. Dotson, 437 S.E.2d 773 (W.V., Nov. 23, 1993)(misdiagnosis of HIV infection may give rise to negligent infliction of emotional distress claim). 9 Braschi v. Stahl Associates Co., 543 N.E.2d 49 (N.Y., July 6, 1989)(holding that domestic partners of the same sex were family members for purposes of rent control regulations). 5, 6, 50, 87 Bridgewater v. North American Biologicals Inc., 1994 WL 71269 (E.D.La., Feb. 25, 1994)(refusing to dismiss an emotional distress suit for misrepresenting someone's test as HIV+). 45 Brooklyn Hospital Medical Center, Matter of, NY App.Div., 2 Dept., NYLJ, 10/18/94, p.23, col.4 (affirming order granting mother $25,000 because she was discriminated by hospital because son was dying of AIDS). 137 Brown, In re, 478 So.2d 1033 (Ms. 1985)(right of privacy exists in Mississippi Constitution). 51 Bruce M. & Mark D., In re Adoption Petition of, 20 Fam.L.Rep. (BNA) 1307, Case No. A-62-93 (Apr. 20, 1994)(denying gay-male second- parent adoption petition). 62 Brzoska v. Olsen, 1994 WL 233866 (Del.Super., May 2, 1994)(denying AIDS-phobia suit against estate of deceased dentist). 88 Buchanan & Piras v. Orange Co. Register & Pinkerton, Inc., Orange Co. Super.Ct. (LA Times, Nov. 8, 1994)(jury awarding $270,000 for sexual orientation based dismissal). 148 Buck v. Savage, 323 S.W.2d 363 (Tex.Civ.App., 1959)(stating plaintiff was <169>queer<170> was actionable without pleading and proof of special damages). 63 Burroughs Wellcome Co. v. Barr Laboratories, Inc., 40 F.3d 1223 (Fed.Cir., N.C., Nov. 22, 1994)(upholding pharmaceutical patents for AZT). 155 Buttino v. F.B.I., 801 F.Supp. 298 (N.D.Cal., Feb. 12, 1992)(discussing preliminary approval of a settlement). 7, 15, 42 Bynum v. Premier Cruise Lines, 1994 WL 617067 (M.D.Fla., July 2, 1994)(sailor may not recover maintenance from his employer cruise line for HIV infection when such condition was discovered in a pre- employment physical exam). 156 Byron K., Matter of, 614 N.Y.S.2d 769 (N.Y.A.D. 3 Dept., July 14, 1994)(rejecting contention that exceptional circumstances must be shown before a single adult can adopt a child). 96 C C.R.S. by D.B.S. v. United States, 11 F.3d 791 (8th Cir., Dec. 10, 1993)(holding HIV infected family could not sue for negligence after father contracted HIV during surgery in a military hospital from a transfusion in 1983). 10 Cain v. Hyatt, 734 F.Supp. 671 (E.D.Pa., Apr. 3, 1990)(awarding damages to attorney who was fired because he had AIDS). 9, 32, 33, 106 Callender v. Corbett, No. 296666 (Az.Super.Ct., Apr. 13, 1994)(law restricting marriage to opposite sex couple is constitutional). 53, 86 Cammermeyer v. Aspin, 850 F.Supp 910 (W.D.Wa., June 1, 1994)(excluding lesbian nurse violated equal protection). 51, 73, 112 Campos v. Senkowski, 1994 WL 330073 (S.D.N.Y., July 8, 1994)(denying habeas corpus petition of man who was convicted by a jury of murdering man with whom he had a gay relationship). 83, 84 Canedy v. Boardman, 16 F.3d 183 (7th Cir., Feb. 8, 1994)(stating that male prisoner's rights were violated by requiring him to strip for female guards). 28 Capitol Area Right to Life, Inc. v. Downtown Frankfurt, Inc., 862 S.W.2d 297 (Ky. 1993) cert.denied 114 S.Ct. 2132 (May 31, 1994)(non-profit corp. running street festival has right to bar anti-abortion group). 77 Caprow v. Frank & Freedus, No. 663868 (Ca.Super.Ct., Mar. 16, 1994)(BNA Daily Report, No. 54, A-3)(ruling that a law firm did not discriminate on the basis of HIV status or sexual orientation in dismissing an associate who is HIV+). 44 Carparts Distribution Center, Inc. v. Automotive Wholesaler's Association of New England, Inc., 37 F.3d 12 (1st Cir., Oct. 12, 1994)(reviving HIV benefits claim by auto dealer against industry benefits plan). 133 Carey v. Population Services, 431 U.S. 678 (1977)(prohibition of distribution of condoms was unconstitutional).17 Carroll v. Sisters of St. Francis Health Services, Inc., 868 S.W.2d 585 (Tenn., Dec. 20, 1993)(no cause of action for fear of AIDS unless plaintiff is actually exposed to AIDS). 9 Casarez v. NME Hospitals Inc., 883 S.W.2d 360 (Tex.App.-El Paso, Aug. 8, 1994)(nursing assistant who acquired HIV as a result of being splashed with patient's blood had no cause of action against patient's physician). 107 Cavagnuolo v. Baker & McKenzie, 1994 BNA Daily Labor Rep. 7, d14, 1/11/94(NYS Human Rights Div.)(ordering payment to decedent's estate for wrongful termination of employee with AIDS). 20 Cedotal v. Community Blood Center of Louisiana, Inc., 644 So.2d 663 (La.App. 1 Cir., June 30, 1994)(suit against hospital for alleged transmission of HIV is a strict products liability action, not subject to time limitations of Medical Malpractice Act). 122 Chalk v. U.S.Dist.Ct., 840 F.2d 701 (9th Cir., 1988)(AIDS is a handicap protected by Rehabilitation Act). 106 Chambarry v. Mt. Sinai Hosp., NYLJ, 5/24/94, p.21 (estates of husband and wife could maintain action for wrongful death after AIDS death even though source of HIV infection was a transfusion to husband in 1981 and was not transferred to wife until 1985). 69 Charles v. Rice, 28 F.3d 1312 (1st Cir., July 14, 1994)(no constitutional right violated in Puerto Rico Air National Guard discharging HIV+ employee). 87 Charon, Matter of Estate of, Fed.Circ.Ct., Toledo, OH, June 14, 1994(awarding damages to estate of AIDS victim who was denied medical assistance). 89 Chateau v. Chateau, Jefferson Co., Alab.Fam.Ct. (San Fran. Sentinel, Aug. 24, 1994)(granting lesbian petition to regain custody of her children). 113 Chicago Area Council of Boy Scouts of America, In re, (Chicago Commission on Human Relations, Chicago Tribune, Aug. 12, 1994)(probable cause to believe Scouts violate human rights ordinance by refusing to hire gay people). 101 Christine, Matter of, NYLJ, 6/16/94, p.30, Surrogate's Ct., King's Co., N.Y. (denying lesbian second-parent adoption). 75 Cinel v. Connick, 15 F.3d 1338 (5th Cir., Mar. 11, 1994)(Roman Catholic priest's homemade gay-sex video, did not state valid claims for deprivation of civil rights who allegedly conspired with others to make tapes public). 40 Citizen A. v. Meliti, Maricopa Co. Super.Ct., Az. (April 21, 1994)(filing suit against a proposed anti-gay initiative). 53 City of Dallas v. England, 846 S.W.2d 957 (Tex.App., Feb. 10, 1993)(Dallas police cannot deny employment to lesbian on the basis of sodomy law)(suit settled 1994). 13, 42, 117 City of New London v. U. of Conn., 1994 WL 65316 (Conn.Super., Feb. 24, 1994)(dissolving injunction against AIDS resource unit). 43, 44 Civil Services Commission v. Pennsylvania Human Relations Commission, 591 A.2d 281 (Pa., May 14, 1991)(perceived handicap is narrowly construed not to include transsexualism). 4 Clementson v. IRS (San Fran. Sentinel, April 1994)(challenging IRS ruling of capital gains tax in regard to forced sale of house). 46 Cloutier v. Delta Airlines, U.S.Dist.Ct., Mass. (filed 7/31/94)(alleging HIV discrimination). 90 Code of Judicial Conduct, In re:, 643 So.2d 1037 (Fla., Sept. 29, 1994)(adopting code which prohibits sexual orientation discrimination by judges). 132 Coleman v. American Red Cross, 145 F.R.D. 422 (E.D.Mich., 1993) reinstated 23 F.3d 1091 (6th Cir., May 16, 1994)(suit originally thrown out of court because attorney disobeyed discovery order in attempt to file suit against HIV+ blood donor). 69 Coleman v. Caddo Parish Sch. Bd., 635 So.2d 1238 (La.App. 2 Cir., Mar. 31, 1994) order granting rehearing in part (May 2, 1994)(court edited public school sex education texts). 49 Colon v. Frias, King's Co., N.Y.Civ.Ct., NYLJ, 7/8/94 (two women in sisterly relationship qualify for leasehold succession although they were not lovers). 84 Commitment of Jessica N. & Eula N., In re, 609 N.Y.S.2d 209 (N.Y.A.D. 1st Dept., Mar. 22, 1994)(granting adoption petition of black infant by white, lesbian foster-mother over protest of black grandmother). 39 Commonwealth v. Birdseye, 637 A.2d 1036 (Pa.Super., Mar. 4, 1994)(affirming a ruling which declared that prostitution, due to HIV, is a danger to life & limb). 44 Commonwealth v. Guatieri, 636 A.2d 1153 (Pa., Feb. 1, 1994)(holding that statutory rape does not irreconcilably conflict with IDSI). 29 Commonwealth v. Lee, 638 A.2d 1006 (Pa.Super., Mar. 16, 1994)(when two men are involved, IDSI is identical to rape, therefore defendant cannot be convicted of violating both crimes in regard to the same incident). 41 Commonwealth v. Pierce, 642 N.E.2d 579 (Mass., Nov. 21, 1994)(sustaining conviction for murder of gay man). 141 Commonwealth v. Walden, 405 N.E.2d 939 (Mass., May 30, 1980)(no error in refusing to instruct jury on lower charge of manslaughter). 142 Commonwealth v. Wasson, 842 S.W.2d 487 (Ky. 1992)(statute criminalizing consensual homosexual sodomy violates Kentucky constitution). 42, 51, 78 Commonwealth v. Webb, Petersburg Cir.Ct., NJ, 5/11/94, (AIDS Policy & Law, May 27, 1994)(10 year prison sentence for HIV+ man having unprotected sex with three teenage girls). 89 Confer v. Custom Engineering, 952 F.2d 41 (3rd Cir., Dec. 19, 1991)(oral announcement amending plan does not change written plan). 57 Coon v. State, 871 S.W.2d 284 (Tex.App., Feb. 15, 1994)(upholding obscenity conviction based on sale of gay skin magazine). 26 County of Fauquier Emergency Services v. Clayton, 1993 WL 479776 (Va.App., Nov. 23, 1993)(finding no merit to appeal of an EMS worker denied reimbursement for HIV test after being stuck by a needle on the job). 9 Craig & Clark v. State, Pinellas Co., Fla. (St. Petersburg Times, Aug. 17, 1994)(acquitting clerks of violating obscenity laws for renting gay sex video). 99 Cruz v. Latin News Impacto Newspaper, NYLJ, 6/7/94 p.23 (Bronx Co., N.Y.Sup.Ct.)(HIV+ person may maintain an action in libel against a newspaper which erroneously reports that the person has AIDS). 90 Cruz v. State, 877 S.W.2d 863 (Tex.App.-Beaumont, June 8, 1994)(upholding life sentence against man accused of fatally stabbing his male sexual partner). 89 Cuevas v. Columbia, Constitutional Ct. of Columbia (Dallas Morning News, Mar. 13, 1994)(reinstating gay officer). 43 Curiale v. Reagan, 222 Cal.App. 3d 1597 (Ct.App., 2nd Dis., Div. 7, Mar. 29, 1994)(Mom's lesbian partner not awarded visitation). 38, 85 Curran v. Mt. Diablo Council, Boy Scouts of America, 29 Cal.App. 4th 192 (Mar. 29, 1994)(boy scouts not covered by Calf. Unruh Civil Rights Act). 38, 84, 85 D Dana, Matter of, 20 Fam.L.Rep. 1189 (Fam.Ct.,Putnam Co., N.Y., Jan. 26, 1994)(denied adoption petition of a non-biological mother on ground that she lacked standing). 38, 39 Danilowitz v. El Al Airlines, Israel Supreme Court (Nov. 30, 1994)(ruling same-sex couples are entitled to be treated on an equal basis as heterosexual married couples on principle of social equality). 7, 150 David M. v. Lisa M., Matter of, 615 N.Y.S.2d 783 (N.Y.A.D. 3 Dept., Aug. 18, 1994)(great-grandparent not entitled to visitation). 97, 113 DeGroat v. Air Force, S.D.Ohio (Dayton Daily News, July 22, 1994)(filing suit that discharge for cross-dressing when off-duty violates First Amendment rights). 98 DeMuth v. Miller, Pa.Super., Dec. 20, 1993(upholding verdict against gay employee for breach of contract). 16 Denton v. Denton, Ky.Ct.App., April 15, 1994(reversed a marriage annulment predicated on husband's failure to disclose a gay affair prior to marriage ceremony). 53 Dept. of Health & Rehab. Services v. Cox, 627 So.2d 1210 (Fla.App., Dec. 1, 1993)(upholding state ban on gays adopting children). 3, 62 DeParrie v. Keisling, 862 P.2d 494 (Ore., Nov. 26, 1993)(rewriting and approving an anti-gay ballot measure). 2 Dietz v. State, 1994 WL 15084 (Tex.App., Jan 24, 1994)(rejecting claim by adult video store owner convicted of selling obscene material). 16 Dillon v. Frank, 952 F.2d 403 (Table)(6th Cir. Mich, Jan. 15, 1992)(mistreatment in employment on belief that victim is homosexual is not actionable under Title VII). 37 Dinkel v. Lincoln Publishing, Inc., 638 N.E.2d 611 (Ohio.App. 12 Dist., Feb. 28, 1994)(summary judgment for a newspaper that reported emergency room personnel were sprayed with AIDS-infected blood in fight with a patient). 45 Dobre v. National Railroad Passenger Corp. (Amtrak), 1993 WL 496676, 63 Fair Empl.Prac.Case (BNA) 923 (E.D.Pa., Nov. 30, 1993)(transsexual cannot state a claim for sex discrimination under Title VII). 4 Doe v. Aliquippa Hosp. Assoc., No. 93-570 (W.D.Pa., Sept. 29, 1994)(hospital was not required to provide an accommodation to an operating room technician who developed an extreme fear of contracting AIDS). 136 Doe v. American National Red Cross, 500 N.W.2d 804 (Wis., June 3, 1993) reconsideration denied 508 N.W.2d 425 (Wis., Sept. 9, 1993)(holding that the negligence and not the malpractice statute of limitations applied in HIV transmission cases). 10 Doe v. American National Red Cross, 848 F.Supp. 1228 (S.D.W.V., Mar. 25, 1994)(plaintiff received blood transfusion from AIDS patient). 56 Doe v. American National Red Cross, 874 P.2d 828 (Ore.App., May 11, 1994)(statute of limitations on HIV transmission claim began to run when patient contracted AIDS). 69 Doe v. American National Red Cross, 866 F.Supp. 242 (D.Md., Sept. 30, 1994)(Red Cross entitled to summary judgment in HIV transmission suit arising from blood donation taken in January 1984). 136 Doe v. Attorney General, 34 F.3d 781 (9th Cir., Aug. 30, 1994)(permissible for FBI to inquire into AIDS-status of physicians who perform physicals on FBI agents). 119 Doe v. Burger, (Md.)(Washington Times, Oct. 18, 1994) (settling lawsuit of man who was forced to undergo HIV testing by police officers). 136 Doe v. Burgos, 638 N.E.2d 701 (Ill.App., 4th Dist., Aug. 5, 1994)(inmate tested for HIV and results shared with prison guard whom inmate bit). 105 Doe v. Celtic Life Ins., 12 F.3d 208 (5th Cir., Dec. 7, 1993)(denying motion to shed anonymity of plaintiff in insurance discrimination case). 11 Doe v. City of Chicago, 1994 WL 654492 (N.D.Ill., Nov. 17, 1994)(refusing to dismiss HIV discrimination charge against the police dept.). 156 Doe v. City of New York, 15 F.3d 264 (2nd Cir., Jan. 28, 1994)(constitutional right to privacy regarding HIV status). 23 Doe v. City of Philadelphia EMS, DOJ Complaint No. 204-64-24, BNA Daily Labor Report No. 54, 3/22/94 (setting AIDS discrimination public services case). 46 Doe v. Cutter Biological, 852 F.Supp. 909 (D.Idaho, May 12, 1994)(dismissing suit by hemophiliac who was unable to specify which manufacturer of Factor VIII was specifically responsible for HIV infection). 69, 70 Doe v. Daily News, L.P., N.Y.Co.Sup.Ct., NYLJ, 11/16/94, p.21 (Prospect Park rape victim case for libel; motion process). 148 Doe v. Doe, 284 S.E.2d 799 (Va., 1981)(mother's lesbian lifestyle is a factor to be considered in a custody dispute, but it is not dispositive). 74 Doe v. Doe, (Fla.)(St. Petersburg Times, Aug. 20, 1994)(husband filed for annulment because wife used to be a man). 101 Doe v. Doe, 526 N.Y.S.2d 718 (N.Y.Sup.Ct., 1988)(parent given custody need not submit to an HIV test). 155 Doe v. England, Manchester High Court, England(June 24, 1994)(Washington Blade, July 8, 1994)(granting lesbian second parent adoption). 75 Doe v. Jamaica Hospital & Abitol, 608 N.Y.S.2d 518 (N.Y.App.Div. 2nd Dept., Mar. 7, 1994)(ruling that federal Rehabilitation Act does not apply to doctors simply because they are employees of a federally funded hospital). 46 Doe v. Kohn, Nast & Graf, P.C., 866 F.Supp. 190 (E.D.Pa., Oct. 6, 1994), 1994 WL 517989 (E.D.Pa., Sept. 20, 1994), 862 F.Supp. 1310 (E.D.Pa., Aug. 4, 1994), 853 F.Supp. 147 (E.D.Pa., May 13, 1994)(suit by Philadelphia lawyer against his firm for termination due to AIDS; settled). 9, 70, 106, 123, 134, 156 Doe v. WMAZ-TV, Macon, Ga., Ct.App., (Dec. 27, 1993)(Natl.L.J.)(reversing damages in AIDS privacy claim). 21 Doe v. Marselle, 1994 WL 185662 (Conn.Super., Apr. 29, 1994)(adopting a strict construction of state's HIV confidentiality law). 70 Doe, Matter of, Ky. Ct.App. (Washington Blade, Aug. 26, 1994)(reversing ruling, restoring gay, HIV+ father's visitation rights). 113 Doe, Matter of, NYC Human Rights Commis., Dec. 1994 (settling case of domestic partner succeeding partner's coop proprietary lease). 149 Doe v. McNulty, 630 So.2d 825 (La.App, Dec. 3, 1993)(upholding $700,000 damage award against doctor for negligence in delay of informing plaintiff of her HIV infection). 10 Doe v. Methodist Hospital, 639 N.E.2d 683 (Ind.App., 1 Dist., Sept. 8, 1994)(disclosure of hospital patient's HIV status to patient's co-workers was not an invasion of privacy). 121 Doe & Doe v. Medical Center of North Hollywood, (Calf.)(Natl.L.J., Aug. 8, 1994)(hospital ordered to pay $1.8 million in punitive damages for AIDS fraud suit). 108 Doe v. Montana, (Washington Blade, July 8, 1994)(trial judge refuses to dismiss challenge to constitutionality of state sodomy law). 85 Doe v. New York, NYS Ct.Claims, NYLJ, Dec. 21, 1993 (rejecting request for acceleration of damages in HIV transmission case). 10, 11 Doe v. Popular Photography, (Buffalo News, June 11, 1994)(lesbian couple suing magazine for publishing photo of their commitment ceremony). 85 Doe v. Price, No. 5914 (Philadelphia, Penn.Ct.Common Pleas, Dec. 15, 1993)(awarding damages against funeral director who use an empty casket due to fear of HIV). 21 Doe v. Rosa, 606 N.Y.S.2d 522 (N.Y.Sup.Ct., N.Y.Co., 1993)(allowing military at SUNY-Buffalo's law school campus violated Executive Order 28 of Governor Cuomo's prohibition of sexual orientation discrimination by state agencies). 39 Doe v. Rowe, Fed.Dist.Ct. (New York Times, Mar. 1994)(filing suit alleging right to privacy violation in HIV testing). 46 Doe v. Shapiro, No. 94-0925 (U.S.D.C.Pa.) BNA Daily Labor Report No. 86, 5/16/94, A-1 (finding ADA jurisdiction for a small firm in AIDS discharge suit). 70 Doe v. Surgicare of Joliet, Inc., 643 N.E.2d 1200 (Ill.App. 3 Dist., Aug. 25, 1994)(to recover for intentional infliction of emotional distress in fear of AIDS case, one must prove actual exposure to the virus). 122 Doe v. Township of Robinson, 637 A.2d 764 (Commonwealth Ct. of Pa., Feb. 3, 1994)(finding police chief is not an individual health care provider covered by Confidentiality Act). 32 Doe v. Wiggington, 21 F.3d 733 (6th Cir., Apr. 19, 1994)(denying HIV testing to prisoner does not violate his constitutional rights). 58 Doe v. Yale University, 1994 WL 591711 (Conn.Super., Oct. 19, 1994)(denying plaintiff's motions in regard to hospital training for HIV patients). 154 Domingos v. United States, 35 F.3d 555 (Table)(4th Cir., Aug. 18, 1994)(affirming dismissal in transfusion AIDS negligence case). 107 Donahue v. Fair Employment & Housing Commission, 2 Cal.Rptr.2d 32 (Cal.App. 2 Dist. 1991) app. dismissed 859 P.2d 671 (Calf. 1993)(state's interest in protecting religious freedom was more compelling than protecting against marital status discrimination in housing). 77, 145 Donovan v. Fiumara, 442 S.E.2d 572 (N.C.App., May 3, 1994)(falsely stating that someone is gay is not defamatory per se). 62, 63 Dronenburg v. Zech, 741 F.2d 1388 (D.C.Cir. 1984) rehearing denied 746 F.2d 1579 (denying rehearing, thereby upholding dismissal for soldier involved in gay sex). 14, 140 Dunphy v. Gregor, 642 A.2d 372 (N.J., June 2, 1994)(bystander liability may be extended to allow for recovery by a person who was not legally married to the deceased victim, but who cohabited with and was engaged to marry him). 84 Dutson v. Farmers Ins. Exchange, 35 F.3d 570 (Table)(9th Cir., Sept. 9, 1994), 815 F.Supp. 349 (D.Ore. 1993)(denying summary judgement in HIV discrimination dismissal). 88, 137 E Eberhart v. Randall, NYLJ, 12/1/93, p.23, col. 1 (N.Y.Co.Civ.Ct.)(finding insufficient evidence to give succession rights to ten year male tenant after his girlfriend, tenant of record, moved out). 5 E.O.G. & A.S.G., In re Adoption of, Nos. 7518 & 7519 (York Co. Ct. Common Pleas, Pa., Dec. 22, 1993)(granting lesbian second-parent adoption). 54 Employment Division v. Smith, 494 U.S. 872 (1990)(free exercise clause did not prohibit application of Oregon drug laws to ceremonial ingestion of peyote). 77, 96, 144 Engel v. Worthington, 19 Cal.App.4th 43 (Cal.App. 4th Dist., Sept. 30, 1993)(holding photographer engaged in sex discrimination by excluding gay couple). 28, 29 Epperson v. Arkansas, 393 U.S. 97 (1968)(declaratory judgment action brought by a teacher seeking to invalidate state law outlawing teaching of evolution). 97 EEOC v. Connecticut Refining Co., BNA Daily Labor Report, No. 46, (3/10/94)(lifetime benefit cap on AIDS related claims violates ADA). 44 EEOC v. Tarrant Distributors, No. H-94-3001 (S.D.Tex., Oct. 11, 1994) BNA Daily Labor Report No. 196, 10/13/94 at A1 (settlement under which Tarrant will drop its $10,000 cap on HIV and AIDS related benefits). 137 Equality Foundation of Greater Cincinnati, Inc. v. City of Cincinnati, 860 F.Supp. 417 (S.D.Ohio, Aug. 9, 1994), 838 F.Supp. 1235 (S.D.Ohio 1993)(enjoining anti-gay ballot measure) . 1, 65, 79, 95, 96, 115, 116 E.S. & R.L., In re Petition of, 1994 WL 157949 (Ill.Cir., Mar. 14, 1994)(granting lesbian couple's motion for reconsideration on joint adoption petition). 62 Espinosa v. Guardian Life Ins., 856 F.Supp. 711 (D.Mass, July 7, 1994)(misrepresentation of HIV status is probable grounds for cancelling an insurance policy). 105 Evan, Matter of, 583 N.Y.S.2d 997 (N.Y.Co. Surrogate's Ct., Jan. 30, 1992)(N.Y.'s first 2nd parent adoption case). 39, 53 Evans v. Romer, 882 P.2d 1335 (Colo., Oct. 11, 1994), 1993 WL 518586, 63 Fair.Empl.Practice Case (BNA) 753 (Colo.Dist.Ct., Dec. 14, 1993), 854 P.2d 1270 (Colo., July 19, 1993) cert. denied 114 S.Ct. 419 (Nov. 1, 1993)(enjoining anti-gay Amendment 2). 1, 14, 42, 78, 95, 115, 127 Evans v. United States, 277 F.2d 354 (D.C.Cir. 1960)(evidence on a victim's character would be relevant to determine whether victim's claim of sexual assault was truthful). 24 F Factor VII or IX Concentrate Blood Products, In re, 853 F.Supp. 454 (Jud.Panel Mult.Dis.Lit., Dec. 7, 1993)(consolidating cases pending nationwide by HIV infected hemophiliacs against manufacturers of blood-clotting medication). 10 Farley v. Perry, 1994 WL 413316 (D.D.C., July 20, 1994)(heterosexual plaintiff claiming wash-out from Marine training was due to homophobic drill sergeant who believed him to be gay lost bid to get discharge changed). 98 Farmer v. Brennen, 114 S.Ct. 1970 (1994)(prison conditions constitute cruel and unusual punishment only if officials know of and disregard an excessive risk to an inmate's health or safety). 15, 74 Faya v. Almaraz, 620 A.2d 327 (Md., Mar. 9, 1993)(HIV infected surgeon has legal duty to disclose his or her HIV status to patients before performing pervasive surgery). 8, 120 Fedro v. Reno, 21 F.3d 1391 (7th Cir., Apr. 1, 1994)(U.S. Marshall Service was not required to retain marshall who had contracted hepatitis-B virus infection on the job). 58 Feres v. United States, 340 U.S. 135 (1950)(creating an immunity against suits by members of the armed services for injuries arising in the course of activities incident to military service). 41 Floris v. Wild Boyz, Bergen Co. (N.J. Record, May 24, 1994 (filed lawsuit for defamation and invasion of privacy for use of photo to promote gay club). 63 Flowers v. Flowers, 1993 WL 542086 (Tenn.App., Dec. 30, 1993)(awarding children of lesbian into custody of their grandparents). 16 Foote v. Folks, Inc., 864 F.Supp. 1327 (N.D.Ga., Sept. 16, 1994)(estranged wife of an employee does not have standing under employment provisions of ADA to bring claim against ex-husband's employer for AIDS discrimination in health coverage). 156 Frank v. State, 604 P.2d 1068 (Ak., 1979)(Native Americans allowed a religious exemption to state's moose hunting restrictions). 145 Franklin v. Hill, 444 S.E.2d 778 (Ga., June 27, 1994)(Civil War era seduction statute is an unconstitutional violation of equal protection). 85 Fraser v. Fraser, 1994 WL 577121 (Conn.Super., Oct. 12, 1994)(husband's homosexuality was not the cause of marriage breakdown). 131 G Garcia v. Elf Atochem North America, 28 F.3d 446 (5th Cir., July 29, 1994)(dismissing Title VII sexual harassment suit involving male-on-male harassment). 130 Gates v. Rowland, 39 F.3d 1439 (9th Cir., Nov. 4, 1994)(disallowing prisoners with HIV from serving food to other inmates). 151 Gay & Lesbian Law Students Assoc. v. Bd. of Trustees, 1994 WL 395669 (Conn.Super., July 14, 1994)(issuing a permanent injunction barring military from recruiting at U.Conn. Law School). 101 Gayer v. State Bar of California, 1994 WL 163920 (N.D.Cal., Apr. 14, 1994)(dismissing suit by gay rights attorney after he claimed that he was discriminated against through an investigation by the State Bar). 67 Georgia P. v. Kerry B., (Cal.App., 1st Dis., Feb. 9, 1994)(San Fran. Sentinel)(written agreement between lesbian partners is not an enforceable contract as to non-birth mother custody rights). 25, 54 Giddens v. Shell Oil Co., 12 F.3d 208 (Table)(5th Cir., Dec. 6, 1993) cert. denied 115 S.Ct. 311 (Oct. 11, 1994)(male-on-male sexual harassment is not gender discrimination to qualify for Title VII relief). 130 Gilkes v. Warren General Hospital, 628 N.E.2d 157 (Ct.App.Ohio, Sept. 30, 1993)(hospital was not negligent in testing decedent for HIV and warning mortician). 58 Glasser v. Orkin Exterminating Co., San Fran.Super.Ct. (San Fran. Chron., Feb. 17, 1994)(filing suit in AIDS discrimination claim). 32 Glasser v. California Automobile Assoc., San Fran.Super.Ct. (San Fran. Chron., Aug. 2, 1994)(employer did not discriminate on basis of sexual orientation). 101 Glassock v. Armstrong Cork Co., 946 F.2d 1085 (5th Cir.) cert. denied 112 S.Ct. 1178 (1991)(awarding damages in asbestos suit). 19 Glegola v. Nevada, 871 P.2d 950 (Nev., Mar. 30, 1994)(upholding 15 year sentence for HIV+ prostitute soliciting sex with police officer). 59 Goeffert v. Beech Aircraft Corp., 146 L.R.R.M. (BNA) 2492, 1994 WL 146355 (D.Kan., Apr. 11, 1994)(Title VII does not cover sexual orientation harassment). 54 Goehring v. Wright, 858 F.Supp. 989 (N.D.Cal., July 20, 1994)(dismissing federal civil rights claims brought by landlord against a gay couple who were renting some property from him). 98, 99 Good, Matter of, DeKalb Co. Sup.Ct., Ga. (Wash.Blade, Nov. 18, 1994)(out of court settlement in lesbian custody dispute). 146 Gonzalez v. Associates Life Insurance Co., 641 So.2d 895 (Fla.App. 3 Dist., June 14, 1994)(narrowly construing AIDS exclusion insurance statute). 90 Gonzalez v. Garner Food Services Inc., 855 F.Supp. 371 (N.D.Ga., Mar. 17, 1994)(Title I of ADA cannot be used to challenge denial of AIDS benefits that occurred after effective date of the Act). 107 Green v. Howard University, 22 F.3d 1184 (D.C.Cir., Mar. 31, 1994)(dismissing a sexual orientation discrimination claim alleging discrimination due to heterosexuality). 66 Gross v. Sullivan, 839 F.Supp. 1532 (D.Wyo., Dec. 6, 1993)(dismissing case by inmate demanding separation of HIV+ inmates). 11 Gryczan v. State, No. BDV-93-1869, Mont.D.Ct., Lewis & Clark Co., June 28, 1994 (refusing to dismiss challenge to state sodomy law). 97, 98 Guardianship of Barry, In re, 445 So.2d 365 (Fla.App. 1984)(minor has a right to refuse medical treatment). 79 Guevara's Estate, In re, (HUD Administrative)(San Fran. Chron., June 24, 1994)(awarded damages to estate of AIDS who was evicted prior to death). 84 Guthrie v. State, 637 So.2d 35 (Fla.App. 2 Dist., May 11, 1994)(evidence of homosexual relationship was admissible to establish motive for murder). 66 H Haig & Birch v. Canada, 9 O.R.3d 495 (Ct.App. 1992)(construing Canadian Human Rights Act to cover sexual orientation). 150 Halsband, Estate of, NYLJ, 2/15/94, p.25, col.3 (unreported decision)(holding a codicil to a will made at 11th hour was invalid). 30 Hamilton Co., Ohio, Dept. of Social Services v. Ohio Civil Service Employees Assoc., Local 11, 94-2 ARB (CCH) 4488 (June 29, 1994)(upholding discharge of openly lesbian social case worker). 146 Hands-Off Washington, (King Co., Wash., Sup. Ct., Feb. 16, 1994)(unreported decision)(rejecting attempt by gay rights group to intercept anti-gay initiatives). 28, 38 Hanke v. Safari Hair Adventure, 512 N.W.2d 614 (Minn.Ct.App., Mar. 1, 1994)(openly gay employee who quit due to harassment was entitled to employment benefits). 37 Harris v. Forklift Systems, 114 S.Ct. 367 (1993)(sexual harassment need not raise to level of nervous breakdown to be actionable under Title VII). 54 Haring, Estate of, N.Y.Co. Surrogate's Ct., NYLJ, 9/29/94, p.28 (refusing to grant summary judgement to estate representatives in claim against estate). 124 Hart v. National Mortgage & Land Co., 189 Cal.App.3d 1420 (May 23, 1989)(holding there is no cause of action for same gender sexual harassment in California). 4 Hayes v. Smith, 832 P.2d 1022 (Colo.App., 1991)(allegedly false accusations of homosexual conduct are not slander per se). 63 HB 3500, Oregon Citizen's Alliance (Marion Co. Cir.Ct., Ore., Feb. 8, 1994, The Oregonian)(stating legislature has the right to pre-empt anti-gay ballot initiatives). 28 Head v. Newton, 596 S.W.2d 209 (Tex.Civ.App., 1980)(stating plaintiff is <169>queer<170> is prima facie slander). 63 Hebler v. Hebler, 1994 WL 442648 (Conn.Super., Aug, 4, 1994)(divorce of a gay man from first wife). 97 Heiner v. Moretuzzo, 1994 WL 78687 (Ohio App. 9 Dist., Mar. 16, 1994)(dismissing an emotional distress suit for misrepresenting HIV status). 45 Heller v. Doe, 113 S.Ct. 2637 (1993)(involuntary commitment of mentally ill violates neither equal protection nor due process). 73, 140 Hendry, Mississippi for Family Values v. Reno (Fed.Ct., Mar. 1994)(filed suit claiming Reno exceeded her authority in sending mediators to Mississippi to protect lesbians). 42 Hennelly v. City of New York, (New York Times, Feb. 1994)(settling suit for being beaten by police in an ACT-UP demonstration). 32 Hennessy's Children, In re, (Buffalo News, June 12, 1994)(lover and dead partner's parents in dispute over custody). 85 Herbert v. Regents of the U. of Calf., 31 Cal.Rptr.2d 709 (Ct.App., 2nd Dist., Div. 1, July 6, 1994)(cannot recover damages for fear of HIV in hospital without a likelihood that victim will develop virus). 104 Hicks v. Arthur, 843 F.Supp. 949 (E.D.Pa., Jan. 31, 1994)(okay to discharge from private employment based on sexual orientation). 28 Holder v. Harlem Men's Shelter, 613 N.Y.S.2d 899 (App.Div., 1st Dept., June 28, 1994)(upholding homeless shelter requirement that all residents be tested for tuberculosis). 107 Hogar Agua Y Vida en el Desierto, Inc. v. Suavez-Medina, 36 F.3d 177 (1st Cir., Sept. 28, 1994)(construing Fair Housing Act to extend to a group seeking to establish a group home for AIDS victims). 123 Holless v. American Airlines (Feb. 1994)(negotiating settlement in AIDS discrimination case). 21 Hopfinger v. Leapley, 511 N.W.2d 845 (S.Ct. S.D., Feb. 16, 1994)(upholding lengthy sentence for HIV infected man). 30 Howe v. Hull, 873 F.Supp. 72 (N.D.Ohio, Nov. 21, 1994)(hospital violated ADA for refusing admission to AIDS patient) (see also 874 F.Supp. 779 (May 25, 1994). 152 Huff v. Chapel Hill Chauncy Hall School, Mass.Commis. Against Discrim., Docket No. 93 - BEM - 1041 (Boston Globe, Sept. 16, 1994)(rejecting lesbian's campus housing discrimination claim). 116 Hughes Aircraft Co. and Electronic & Space Technicians Local 1553, 94-2 ARB, 4357 (CCH)(Sept. 1994)(just cause for dismissing gay male stockroom clerk who made unwelcome sexual advances). 117 Hunt v. Washington, 25 F.3d 1053 (7th Cir., May 20, 1994)(claim by prisoner that it was cruel and unusual punishment to remain in cell with cellmate who tried to rape him was improperly dismissed). 83 I Incitti v. Skinner, (N.D.N.Y., Sept. 14, 1994)(allowing liability suit against state police officers for HIV testing of arrestee). 134 International Covenant of Civil & Political Rights, In re, UN Human Rights Committee (Apr. 11, 1994)(Washington Blade)(ruling sodomy laws violate covenant). 56 Irish-American Gay, Lesbian & Bisexual Group of Boston v. City of Boston, 636 N.E.2d 1293 (Mass., July 11, 1994), Civ. No. 92-1518 (Mass.Sup.Ct., Feb. 19, 1993)(affirming injunction requiring parade sponsors to allow a gay Irish group to march). 4, 39, 76 J Jackson v. Brigle, 17 F.3d 280 (9th Cir., Cal., Feb. 25, 1994) cert. denied 115 S.Ct. 187 (Oct. 3, 1994)(instructing district court to dismiss Jackson's Biven's claim relating to discharge from Air Force). 41, 130 Jackson v. Virginia, 443 U.S. 307 (June 28, 1979)(denying habeas corpus relief to convicted murderer). 153 Jackson Township Volunteer Fire Co. v. Workmen's Compensation Appeal Board, 594 A.2d 826 (Pa.Comm.Ct., 1991)(fire dept. had to cover costs of HIV testing when fireman was splashed with blood of an AIDS victim). 107 Jacobson v. United States, 112 S.Ct. 1535 (1992)(postal service child pornography sting went too far in luring defendant to order porn). 116 J.B. v. Sacred Heart Hosp. of Pensacola, 635 So.2d 945 (Fla., Apr. 21, 1994)(brother who became infected with HIV while driving his HIV+ brother to the hospital at hospital's request could sue hospital for negligence, not malpractice). 58 J.E.B. v. Alabama, 114 S.Ct. 1419 (1994)(peremptory strikes on basis of gender in jury selection violate equal protection). 53 Jenkins v. Jenkins, 447 S.E.2d 554 (W.V., July 18, 1994)(returning custody to lesbian mother). 113 Jett v. Mitchell, 1993 WL 478396 (S.D.N.Y., Nov. 15, 1993)(upholding conviction in sado-masochistic murder case). 5 Jones v. Mitchell, 1994 WL 517202 (N.D.Ill., Sept. 20, 1994)(rejecting appeal of conviction for receiving child pornography through the mail). 116 Jones v. Philadelphia College of Osteopathic Medicine, 813 F.Supp. 1125 (E.D.Pa., Feb. 8, 1993)(informed consent necessary for blood transfusion). 31 Jones v. State, 640 So.2d 1084 (Fla., May 26, 1994)(upholding age of consent law). 79 Jory v. State, 647 So.2d 152 (Fla.App. 5 Dist., June 3, 1994)(upholding a 150 year sentence for a single count of homosexual statutory rape). 79 K K.A.C. v. Benson, 1993 WL 515825 (Minn.App., Dec. 14, 1993)(tort action upheld by non-HIV infected physician for nondisclosure). 8 Kadinger, Estate of v. International Brotherhood of Electrical Workers Local 110, No. CIV 3-93-159 (D.Minn., Dec. 21, 1993)(approving consent decree removing $50,000 cap on AIDS related health benefits). 9 Kagebein v. State, 496 S.W.2d 435 (Ark. 1973)(defendant can introduce evidence to show victim's prior homosexual acts to support defendant's claim that homosexual activities preceded the killing). 24 Kahn v. I.N.S., 20 F.3d 960 (9th Cir., Mar. 25, 1994)(federal, not state, law controls whether a resident alien has sufficient family ties in the U.S. to justify a waiver of deportation). 36, 37 Kappers, Matter of, Ga.Super.Ct., DeKalb Co. Bd. of Health (Chicago Trib., Apr. 13, 1994)(refusing to overturn ruling that HIV+ man with TB stay confined to his home). 59 Katz v. Children's Hosp. of Orange Co., 28 F.3d 1520 (9th Cir., July 26, 1994)(medical malpractice action in AIDS transfusion case accrues at date of injury, not on date of wrongful act). 91 Kaufman v. Physical Measurements, 615 N.Y.S.2d 508 (N.Y.A.D. 3rd Dept., Aug. 4, 1994)(fear of HIV is not enough to bring emotional distress claim under NY law). 104 Kerins v. Hartley, 33 Cal.Rptr.2d 172 (Cal.Ct.App., 2nd Dist., Aug. 23, 1994), 21 Cal.Rptr. 2d 621 (July 30, 1993)(dismissing fear of AIDS case brought by former patient of doctor who died of AIDS). 8, 104, 120 Key v. Ohio Dept. of Rehab. & Corrections, 598 N.E.2d 207 (Ohio Ct.Claims, 1990)(supervisor's statement that inmate was homosexual constituted defamatory statement). 63 Kobe v. McGinnis, 21 F.3d 428 (6th Cir., Mar. 17, 1994)(refusing right of prisoner to receive mail depicting homosexual activity is not unconstitutional). 66 Krivanek v Take Back Tampa Political Committee, 625 So.2d 840 (Fl. 1993) cert.denied 114 S.Ct. 1538 (Apr. 18, 1994)(refusing to review Fla. S.Ct. decision that invalidated anti-gay initiative vote in Tampa). 52 L Lambda Amateur Radio Club v. American Radio Relay League, No. 9210423 (Ct.Comm. on Human Rights & Opportunities, Mar. 18, 1994)(ARRL probably discriminated against Lambda by not publishing gay club's notice in its newsletter; complaint settled - League must adopt a non-discrimination policy). 54, 131, 132 Lankford & Calvary v. City of Hobart, 27 F.3d 477 (10th Cir., June 14, 1994)(stating valid cause of action for invasion of privacy when police chief employer sought her private medical records to prove that she is a lesbian), 66, 83 LaPay & Benavides v. City of Los Angeles Police Dept., (L.A.Super.Ct., Aug. 16, 1994)(police officers filing suit against department for harassment on basis of sexual orientation). 101 Large v. Large, 1993 WL 498127 (Ohio App. 10 Dist., Dec. 2, 1993)(awarding sole residential custody of three children to their lesbian mother). 3 Laureano v. Vega, 1994 WL 68357 (S.D.N.Y., Feb. 28, 1994)(dismissing discrimination claims of a New York State prisoner with AIDS). 46 Leckie v. Voorhies, 875 P.2d 521 (Ore., May 25, 1994)(affirming summary judgment relinquishing donor's parental rights). 96 Lewis v. Keisling, 879 P.2d 857 (Ore., Sept. 6, 1994)(approving explanatory statement in anti-gay ballot initiative). 115 Lilly v. Minneapolis, 1994 WL 315620 (Minn.Dist.Ct., June 3, 1994)(invalidating Minneapolis domestic partnership ordinance). 15, 80 Lloyd v. Grella, 634 N.E.2d 171 (N.Y.Ct.App., May 3, 1994), 624 N.E.2d 177 (Table)(N.Y. 1993), 594 N.Y.S.2d 1007 (N.Y.A.D.), 580 N.Y.S.2d 988 (N.Y.Sup.Ct., 1992)(education law sec. 2-a allowing military recruiters equal access to schools does not override a local resolution which bars recruiters who discriminate on the basis of sexual orientation). 39, 61 Louisiana Electorate of Gays & Lesbians, Inc. v. State of Louisiana, No. 94-9260 (La., June 23, 1994)(preliminarily enjoining sodomy statute). 77 Lowe v. Keisling, 1994 WL 476073 (Ore.App., Sept. 1, 1994), No.93C- 11972 (Cir.Ct.Ore., 3 Jud. Dis., Apr. 8, 1994)(restoring anti-gay initiative to the ballot). 52, 115 Lupo, Matter of Darren, U.S.Dist.Ct., Fla. (Ft. Lauderdale Sun- Sentinel, Sept. 5, 1994)(awarding damages to lesbian police officer who was forced to work a Christmas shift because she did not have a family). 117 Lutz v. Sec. of the Air Force, 944 F.2d 1477 (9th Cir., 1991)(Air Force personnel broke into retired lesbian officer's office and found evidence of her sexual orientation that ultimately ended in her forced resignation). 41 M Mabon v. Keisling, 856 P.2d 1023 (Ore., 1993)(revising form of anti-gay initiative). 115 Mack v. Great Atlantic & Pacific Tea Co., Inc., 871 F.2d 179 (1st Cir., Mar. 28, 1989)(setting limits on FRCP 26 discovery requests). 9 Manale v. Manale, 628 So.2d 282 (La.App., Nov. 23, 1993)(upholding order that gay, HIV+ father be denied visitation with his son). 11 Marcella v. Brandywine Hosp., 838 F.Supp. 1004 (E.D.Pa., Nov. 29, 1993)(blood bank not liable for AIDS transmission if donor donates even though he knows he is in a high risk group). 10 Marchica v. Long Island R.R. Co., 31 F.3d 1197 (2nd Cir., July 29, 1994)(fear of HIV is enough to bring emotional distress claim). 104 Marcus Garvey Nursing Home, Inc. v. NYS Div. of Human Rights, 619 N.Y.S.2d 106 (N.Y.A.D. 2 Dept., Nov. 21, 1994)(upholding decision that nursing home unlawfully discriminated against an HIV+ patient). 155 Marganthaler v. Asbestos Corp. of America, 480 A.2d 647 (Del.Super. 1984)(fear of contracting cancer due to asbestos is not enough to state claim if asbestos is not found in your body). 88 Mark a/k/a Susan Marie Pollock, Matter of, Ohio 12th Dist., Ct.App. (Dayton Daily News, July 16, 1994)(throwing out claim of preoperative transsexual convict who wants to be treated like a woman). 101 Martineau v. Angelone, 1994 WL 186772 (9th Cir., May 17, 1994)(reversing manslaughter conviction in death of child of lesbian couple). 61, 62 Mason v. Calhoun, NYLJ, 5/17/94, p.22 (ruling trial is necessary to determine validity of AIDS-phobia claim against the estate of deceased lover). 68 Masterson v. Cox, 886 S.W.2d 436 (Tex.App.-Hous., 1 Dist., Sept. 15, 1994)(disallowing damages for failure to attend pretrial conference in gay slander case). 117 Matthews v. Marsh, 755 F.2d 182 (1st Cir., 1985)(vacating trial judge's order that lesbian be reinstated to military reserve service - Judge Breyer dissenting). 67 Matthews v. Weinberg, 645 So.2d 487 (Fla.App., 2nd Dist., Sept. 30, 1994)(disqualification if gay couples from being foster parents violated administrative hearing and notice requirements). 131 Matthews & Kohler v. Dept. of Health & Rehabilitative Services, 645 So.2d 487 (Fla.App., 2 Dist., Sept. 30, 1994)(state officials cannot apply unwritten standards disqualifying gays from being foster parents). 117, 131 May Department Stores v. W.V. Human Rights Commission, 446 S.E.2d 692 (W.V., June 16, 1994)(HRC appropriately reversed dismissal of AIDS discrimination claim). 89 MBTA v. AIDS Action Committee of Mass., U.S.Dist.Ct.(Boston Globe, Dec. 29, 1993)(censorship of safe sex posters violates the First Amendment). 21 McDonald v. McDonald, NYLJ, 3/2/94 (N.Y.App.Div., 2nd Dept., Feb. 22)(in-vitro mother is full mother for purposes of custody). 29, 30 McGann v. H & H Music, 946 F.2d 401 (5th Cir., 1991)(employer did not violate ERISA by reducing benefits available for AIDS). 57 McIntyre v. Crouch, 780 P.2d 239, rev. denied, 784 P.2d 1100 (1989)(statute relinquishing rights of sperm donor may be unconstitutional in certain circumstances). 96 McKinney v. City of Atlanta, 20 Fam.L.Rep.(BNA) 1326 (5/17/94)(Atlanta city government lacked authority to grant benefits to domestic partner of city employees). 63 McKnight v. American Red Cross, 1994 WL 323861 (E.D.Pa, July 6, 1994)(deciding a variety of motions in a AIDS transfusion case). 91 McKolanis v. McKolanis, 644 A.2d 1256 (Pa.Super., July 20, 1994)(wife was entitled to spousal support when she left home because she realized husband was a cross-dresser). 97 Megan Doe, In re Adoption of, 90 CoA 1202 (Cook Co., Ill.)(Natl.L.J., a8, Mar. 28, 1994)(authorized consideration of a lesbian co-parent joint adoption petition for a child borne by one of the adoptive mothers through donor insemination). 39 Meinhold v. U.S. Dept. of Defense, 34 F.3d 1469 (9th Cir., Aug. 31, 1994), 808 F.Supp. 1455 (C.D.Cal. 1993)(statements alone insufficient to discharge gay servicemember). 50, 111, 130, 139, 140, 141 Merino v. Boy Scouts, San Diego Co. Sup. Ct., July 7, 1994(Associated Press, July 8, 1994)(reinstating gay scout leader). 85 Meyer v. Nebraska, 262 U.S. 390 (June 4, 1923)(establishing the right of parents to have their children learn a foreign language in school). 18 Michael WW, Matter of, 611 N.Y.S.2d 47 (N.Y.App.Div. 3rd Dept, Apr. 21, 1994)(denying forced HIV testing of child sex abuser). 57 Miller v. California, 413 U.S. 15 (1973)(landmark obscenity test case). 99 Miller v. State, 636 So.2d 391 (Ms., Apr. 14, 1994)(sodomy statute is constitutional). 51, 78 Minnesota v. French, 460 N.W.2d 2 (Minn., Aug. 31, 1990)(refusing to rent to an unmarried couple did not violate statute against marital status discrimination). 144 Miranda v. Arizona, 384 U.S. 436 (1966)(holding that the accused have certain rights on arrest and they must be informed of those rights). 5 Missouri v. Jones, Jefferson Co., Mo. Cir.Ct., May 3, 1994(Louisville Courier Journal)(sentencing gay-basher to 533 year sentence for murder). 65 Modinos v. Cyprus, No. A/259 (European Court of Human Rights)(European Human Rights Report, vol. 16, part 5, Nov. 1993)(Cyprus' law penalizing consensual, adult homosexual sex violates European Charter of Human Rights). 34 Mogilefsky v. Superior Ct., 20 Cal.App.4th 1409 (Cal.App., Dec. 10 1993)(holding that there may be a cause of action for same gender sexual harassment). 3 Moreno, Matter of, Travis Co., TX, Dist.Ct. (Sept. 6, 1994)(Austin American Statesman, Sept. 7, 1994)(awarding damages to HIV+ employee who was harassed at work). 124 Moricoli v. Schwartz, 361 N.E.2d 74 (Ill..App. 1977)(referring to plaintiff as a <169>fag<170> sufficiently alleged cause of action for slanderous defamation). 63 Morrisette v. Beatte, 17 A.2d 464 (R.I. 1941)(mere use of filthy word in heat of passion is not slander per se). 63 N Nancy S. v. Michele G., 228 Cal.App.3d 831, 27 (Cal.App. 1st Dist., Mar. 20, 1991)(non-birth mother in a lesbian couple cannot assert parental rights). 25 Nationalist Movement v. Commissioner, 102 T.C. No. 22, 1994 WL 118959 (U.S.Tax Ct.)(Apr. 11, 1994)(virulent anti-gay group does not qualify for charitable tax-exempt status). 54 National Organization for Women, Inc. v. Scheidler, 114 S.Ct. 798 (Jan. 24, 1994)(abortion clinics may use RICO to stop anti-abortion groups from shutting down the clinics). 16 Neal v. Neal, 873 P.2d 871 (Idaho, Apr. 22, 1994)(dismissing wife's claim of emotional distress against husband, in divorce, for fear of contracting sexually transmitted disease). 59 Nelson v. American Red Cross, 26 F.3d 193 (D.C.Cir., June 28, 1994)(statute of limitations on AIDS wrongful death claim began running when patient learned that he was HIV+). 91 Nelson v. Streeter, 16 F.3d 145 (7th Cir., Feb. 1, 1994)(stating that public officials cannot claim immunity for theft of painting from private gallery). 28 New York City Employees' Retirement System v. S.E.C., 843 F.Supp. 858 (S.D.N.Y., Jan. 13, 1994)(publicly traded corporations do have to place shareholder initiated policy resolutions on employment discrimination policy in proxy statements mailed to all shareholders). 16 New York Co. Bd. of Ancient Hibernians v. Dinkins, 814 F.Supp. 358 (S.D.N.Y., Feb. 26, 1993)(private parade sponsor may exclude gay and lesbian groups from their parade). 4, 26 Nogohosian v. American Red Cross, 838 F.Supp. 371 (N.D.Ill., Dec. 3, 1993)(holding that the negligence and not the malpractice statute of limitations applies in HIV transmission cases). 10 North v. North, 648 A.2d 1025 (Md.App., Oct. 25, 1994)(granting rehearing in HIV+ visitation case). 113, 128 Northwestern U.S. E.E.O.C. v. A.D.P.S. Enterprises Inc., Ca. No. C94-0407C (W.D.Wash., Mar. 21, 1994)(BNA Daily Labor Report, No.56, Mar. 24, 1994, A-13)(E.E.O.C. filed A.D.A. AIDS discrimination suit). 44 O OFCCP v. Commonwealth Aluminum, 1994 DLR 31 d 23 (No. 82-OFC- 6)(Feb. 10, 1994)(strengthening protection against employment discrimination for conditions that were not symptomatic). 32, 44, 45 Ogden Allied Plant Maintenance Co. v. International Union of Operating Engineers Local 670, 101 Lab.Arb. (BNA) 467 (July 9, 1993)(arbitrator has no authority to order employer to give light duty to plaintiff injured on the job). 9 O'Grady v. McBarnette, 607 N.Y.S.2d 191 (N.Y.App.Div.3rd, Feb. 3, 1994)(AIDS Institute releasing HIV status of an employee). 32 O'Malley v. Silva, NYLJ, 12/15/1993, p.25 (N.Y.Civ.Ct., Queens Co.)(upholding tenant succession rights to lesbian partner). 6 11126 Baltimore Blvd. v. Prince George's Co., Maryland, 32 F.3d 109 (4th Cir., Aug. 12, 1994)(violation in constitutional standards in specific licensing scheme for gay bookstores). 100 119-121 East 97th St. Corp. v. City of N.Y. Commission on Human Rights, NYLJ, 2/09/94, p.22, col.3 (N.Y.Co.Sup.Ct.)(affirming $100,000 in damages for landlord harassing gay tenant). 27 Ohio v. Snead, 1994 WL 189389 (Ohio App. 8 Dist., May 12, 1994)(upholding murder conviction in death of gay man who was infatuated with defendant). 66 Overlooked Opinions, Inc. v. AIDA Services, Inc. 1993 WL 498350 (N.D.Ill., Nov. 30, 1993)(transferring gay polling case to D.C. as location where contract would be performed). 6 Overton v. Reilly, 977 F.2d 1190 (7th Cir., 1992)(denying summary judgment in firing of chemist due to handicap). 88 Owens v. Storehouse, 984 F.2d 394 (11th Cir., Feb. 25, 1993)(capping AIDS related claims did not violate ERISA). 57 P Padula v. Webster, 822 F.2d 97 (D.C.Cir., June 26, 1987)(upholding the FBI's policy of banning homosexuals). 14, 140 Palmore v. Sidoti, 466 U.S. 429 (1984)(race is an unconstitutional consideration in a custody case). 112 Pappas v. Bethesda Hosp. Assoc. and Benefit Services Agency Inc., 861 F.Supp. 616 (S.D.Ohio, Aug. 29, 1994)(insurance co. is not an entity within Title III of the ADA). 105 Parisie v. Greer, 705 F.2d 882 (7th Cir., 1983) cert. denied 464 U.S. 918 (plurality rejects equating homosexual panic defense with insanity defense; majority affirms murder conviction). 24 Passel v. Fort Worth Independent School District, 440 S.W.2d 61 (Tex., Apr. 16, 1969)(enjoining school officials from forbidding students to join objectional student clubs). 13 Patricia L.D. v. Herkimer Co. Attorney, ---N.Y.S.2d---, 1994 WL 639994 (N.Y.A.D. 4 Dept., Nov. 16, 1994)(application for adoption may not be precluded solely on basis of homosexuality). 145, 146 Patterson v. Walrath, 1994 WL 328353 (E.D.Pa., July 11, 1994)(refusing to dismiss claim of prisoner who was forced to have sex at razor-point). 83 Paul C. v. Tracy C., Matter of, ---N.Y.S.2d---, 1994 WL 640088 (N.Y.A.D. 4 Dept., Nov. 16, 1994)(dismissing appeal that claimed awarding custody to lesbian mother was not in child's best interests). 145 People v. Alvira, 619 N.Y.S.2d 126 (N.Y.A.D. 2 Dept., Nov. 21, 1994)(HIV-infection alone is not a basis for reducing the sentence of a person with an extensive criminal record). 155 People v. Baker, 20 Cal.App.4th 1700 (Cal.App., Dec. 15, 1993)(upholding state hate crimes penalty enhancement statute as constitutional). 6 People v. Booth, 637 N.E.2d 580 (Ill.App. 1st Dept., June 23, 1994)(upholding a 30 year prison sentence for teenager who participated in murder of gay man). 100 People v. Branham, 616 N.Y.S.2d 698 (Oct. 4, 1994)(declining petition for reduction of sentence because of HIV infection). 136 People v. Childs, 615 N.Y.S.2d 232 (N.Y.Sup., Bronx Co., June 30, 1994)(evidence of a murder victim's past sexual conduct is admissible when it has a significant bearing on the issues in the case). 98 People v. Georgia A. (King's Co., NY), NYLJ, Oct. 27, 1994, p.37, col.1 (non-sexual S&M activity performed for a fee is not prostitution within penal code). 131 People v. Herman L. (Anonymous), 639 N.E.2d 404 (N.Y., June 30, 1994)(dismissing in interest of justice criminal drug sale charges against an HIV infected defendant). 89 People v. Kavanaugh, 1994 WL 520916 (N.Y.A.D. 1 Dept., Sept. 20, 1994)(trial court did not abuse discretion in prohibiting cross- examination of defendant's HIV status). 122 People v. Laurie Arbeiter, et al, N.Y.Crim.Ct., NYLJ, 11/3/94, p.29 (dismissing charges against St. Patrick's Day Parade protesters). 147 People v. Lawson, 603 N.Y.S.2d 311 (App.Div. 1st Dept., Nov. 16, 1993)(affirming dismissal in interest of justice drug related indictments against a person with AIDS). 46 People v. Mangum, 632 N.E.2d 1097 (Ill.App. 2 Dist., Apr. 15, 1994)(reducing sentence by half for murderer of gay man). 52 People v. McNamara, 578 N.Y.S.2d 476 (N.Y.Ct.App., 1991)(sexual activity in parked cars does not violate law against public sex if you did not intend it to be public). 130 People v. Ramirez & Enriquez, Maricopa Co., Az.Super.Ct. (Apr. 29, 1994)(sentencing two defendants to prison for gay bashing). 65, 66 People v. Rodriguez, NY Sup.Ct. (NYLJ, Sept. 8, 1994, p.23, col. 2)(dismissing drug charge due to advanced stage of HIV status). 123 People v. Russell, 630 N.E.2d 794 (Ill., Jan. 20, 1994)(sustaining constitutionality of a state law that makes it a felony for an HIV+ person to engage in intimate contact with another person). 19, 43 People v. Shapiro, 409 N.E.2d 897 (N.Y. 1980)(suppressing wiretap evidence concerning a single incident of promoting prostitution). 44 People v. Zebrowski, 604 N.Y.S.2d 622 (N.Y.A.P., Nov. 24, 1993)(statement at trial that defendant accused of murder was gay bashing was not unduly prejudicial to defendant). 7 Peterson v. McDonalds, (L.A.Co.Super.Ct., CA) (Los Angeles Times, Aug. 7, 1994)(filing suit claiming unsanitary conditions at restaurant caused accession to full blown AIDS). 108 Petri, Matter of, N.Y.Co. Surrogate Ct., NYLJ, p.29, col. 1 (Apr. 4, 1994)(intestacy law requirement that a legal spouse be given priority of succession does not discriminate on the basis of sexual orientation). 53 Pettyjohn v. Goodyear Tire & Rubber Co., 1992 WL 105162 (E.D.Pa, Apr. 29, 1992)(ordering HIV test of plaintiff in products liability case where future earnings are an issue). 9 Phelps v. Hamilton, 845 F.Supp. 1465 (U.S.D.C., D.Kan., Feb. 28, 1994)(reducing attorneys fees award to anti-gay activist who brought suit to challenge constitutionality of criminal defamation statute). 41 Phillips v. Mufleh, 642 N.E.2d 411 (Ohio App. 6 Dist., May 27, 1994)(trial judge inappropriately dismissed AIDS discrimination damage claim). 90 Plaza v. Estate of Wisser, No. 121575/93 (N.Y.Sup.Ct., N.Y.Co., Dec. 23, 1993)(unreported decision)(dismissing claim of partner against estate of partner who died intestate). 31 Pleasant v. Pleasant, 628 N.E.2d 633 (Ill.App., Dec. 8, 1993)(overturning a trial court's restrictions on lesbian mother's visitation rights). 3 Potter v. Firestone Tire & Rubber Co., 863 P.2d 795 (Ca., 1993)(fear of cancer is not enough without exposure to a carcinogen and likelihood of development of cancer). 104, 120 Presbytery of New Jersey v. Florio, 40 F.3d 1454 (3rd Cir., Nov. 16, 1994)(upholding dismissal of suit challenging non- discrimination statute). 141 Privacy Right Education Project v. Moriarty, No.CV 193-1200 CC (Cir.Ct., Cole Co., Mo., Jan. 31, 1994)(stating that petitioners cannot ask court to deal in advance with anti-gay ballot initiative). 28 Pruitt v. Cheney, 963 F.2d 1160 (9th Cir., 1991) cert. denied 113 S.Ct. 655 (1992)(1st Amendment was not violated by dismissing servicemember who stated that she is a lesbian, but laying out rational basis with teeth test for lesbian and gay military cases). 67, 73, 112 Purohit v. State, 638 A.2d 1206 (Md.Ct.Spec.Apps., Mar. 31, 1994)(affirming a conviction for distribution and possession of obscene material). 55 Q Q-Tone Broadcasting Co. v. Musicradio of Maryland, Inc., 1994 WL 555391 (Del.Super., Aug. 22, 1994)(permitting defamation action for calling employees of rival stations homosexuals who make passes at business associates). 129 Quintana v. United Blood Services, 827 P.2d 509 (Colo. 1992)(professional standard of care imposed upon blood bank in procuring and processing human blood for use in subsequent transfusion during medical treatment). 136 R Radikovich v. The Higbee Co., 1994 WL 189409 (Ohio App. 8 Dist., May 12, 1994)(dismissing a wrongful discharge claim by a store guard who suffered a bite from a shoplifting suspect). 70 Ragucci v. Blue Cross/Blue Shield of North Carolina, 1994 WL 218235 (W.D.N.C., Jan. 7, 1994)(granting injunction on defendant's denial of cancer benefits to plaintiff as case goes to trial). 57 Randall v. Orange Co. Council, Boy Scouts of America, 28 Cal.Rptr.2d 53 (Ct. of App., 4th Dist., Feb. 28, 1994)(Scouts are a business organization subject to regulation under Unruh Civil Rights Act). 38 R.A.V. v. City of St. Paul, 112 S.Ct. 2538 (June 22, 1992)(stating that a city ordinance prohibiting bias-motivated disorderly conduct violated the First Amendment). 27, 76 Reagan v. Texas, 1994 WL 548711 (Tex.App.-Houston, 14 Dist., Oct. 6, 1994)(refusing to admit into evidence pornographic photos of murder victim). 131, 148 Reeves v. Florida, 631 So.2d 374 (Fla.D.C.App., Feb. 11, 1994)(affirming conviction of violating a hate crimes statute in regard to sexual orientation). 27 Rejent v. Liberation Publications, Inc., 611 N.Y.S.2d 866 (N.Y.A.D., 1 Dept., May 12, 1994)(permitting male model to go forward in defamation suit for unauthorized use of his picture). 63 Rendon v. United Airlines, 881 P.2d 482 (Colo.Ct.App., Div. I, Aug 25, 1994)(affirming grant of employment disability benefits due to anti-gay harassment). 113 Rent Stabilization Association v. Higgins, 83 N.Y.2d 156 (1993) cert.denied 114 S.Ct. 2693 (June 13, 1994)(upholding tenant succession rights for same-sex partners). 5, 84 Rhone-Poulenc Rorer, Inc. v. Aetna Casualty and Surety Insurance, 32 F.3d 851 (3rd Cir., Pa., Aug. 17, 1994)(reversing order requiring disclosure of discussions protected by attorney-client privilege - HIV transmission suit). 122 Richey v. United States, 16 F.3d 417 (10th Cir., Feb. 16, 1994)(federal prisoner claiming HIV infection due to rape by cellmate does not have a claim against government under Torts Act). 31 Riddle v. State, 888 S.W.2d 1 (Tex.Civ.App., June 8, 1994)(rejecting homosexual panic defense). 76 Rivera v. Yale Inns, Inc., 1994 WL 495457 (Conn.Super., Sept. 1, 1994)(maintaining negligence action against Inn when plaintiff stuck herself with hypodermic syringe). 123 Roe v. District of Columbia, 842 F.Supp. 563 (D.D.C., Dec. 21, 1993)(finding violation of the Rehabilitation Act for not allowing hepatitis-B infected firefighter to perform mouth to mouth resuscitation). 9 Roe & Roe, Matter of, Cook Co., Ill. (Chicago Trib., Nov. 30, 1994)(denying adoption petitions by two lesbians to adopt biological children of domestic partners). 149 Roe v. Roe, 324 S.E.2d 691 (Va., Jan. 18, 1985)(awarding sole custody to mother due to father's illicit and immoral homosexual relationship). 25, 74 Rosetti v. Shalala, 12 F.3d 1216 (3rd Cir., Dec. 15, 1993)(reversing dismissal in case by HIV infected people against the Social Security Administration concerning determination of disability benefits). 8, 107 Ross v. Denver Dept. of Health & Hospitals, 883 P.2d 516 (Colo.App.)(Apr. 7, 1994)(domestic partner not part of immediate family) rehearing denied). 50, 149 Rowe & Rowe, Matter of, Manchester, UK, June 24, 1994 (Wash.Blade, July 8, 1994)(granting joint recognition as parents to lesbian couple). 75 S St. Hilaire v. Lewis, 26 F.3d 132 (unpublished disposition) 1994 WL 245614 (9th Cir., Ariz., June 7, 1994)(prisoner's rights were not violated through his being denied an HIV test). 89 Sacramona v. Bridgestone/Firestone, Inc., 152 F.R.D. 428 (D.Mass., Dec. 3, 1993)(defendants may not discover plaintiffs HIV status in products liability case where future earnings are at stake). 9 San Diego Gay Pride, In re, Cal.Super.Ct., San Diego (Washington Blade, July 22, 1994)(refusing to order parade organizers to allow heterosexual anti-gay group to march in parade). 101 Sapp v. Paul Revere Life Insurance Co., 28 F.3d 108 (9th Cir., Cal., June 13, 1994)(full blown AIDS is a known loss if one is HIV+ when applying for health insurance; insurers do not have to cover known losses). 105 Schaefer v. Gulf Coast Regional Blood Center, 10 F.3d 327 (5th Cir., Jan. 4, 1994)(two year statute of limitations from discovery on AIDS transmission case). 19 School Board of Nassau Co. v. Arline, 480 U.S. 273 (1987)(teacher with recurrent TB had a protected disability). 106, 151 Schultz v. State, 1994 WL 35576 (Tex.App.-Hous. 14 Dist., Feb. 10, 1994)(rejecting homosexual panic defense to murder charge). 24 Seattle Times v. Rhinehart, 467 U.S. 20 (1984)(stating scenarios when protective orders do not violate the First Amendment). 148 Seimon v. Becton Dickinson & Co., 632 N.E.2d 603 (Ohio App., Nov. 29, 1993)(plaintiff needs to show actual exposure to HIV to show proximate cause of fear). 10 Selland v. Aspin, 832 F.Supp. 12 (D.D.C. 1993)(Naval discharge under policies in effect in January of 1993 was blocked). 36, 51 Shahar v. Bowers, 836 F.Supp. 859 (N.D.Ga., Oct. 7, 1993)(withdrawing offer of employment to lesbian did not violate freedom of association). 15 Shaw v. PACC Health Plan, Inc., 881 P.2d 143 (Ore.App., Sept. 7, 1994)(employee with AIDS had tort claim against insurance company). 121 Shelby v. United States, 40 M.J. 909 (Sept. 14, 1994)(HIV+ servicemember did not receive ineffective counsel in court martial proceeding). 156 Sherck v. California Golf Club of San Francisco, CA Ct.App., 1st Dist. (Sacramento Bee, Sept. 30, 1994)(reviving appeal of gay man protesting exclusion from golf club). 131 Sherman v. Sherman, 1994 WL 649148 (Tenn.App., Nov. 18, 1994)(upholding visitation rights of father who shares house with HIV+ brother). 133, 155 Skinner v. Glenn, 1994 WL 524036 (D.N.J., Sept. 20, 1994)(dismissing case against employer of inmate for negligence in handling materials possibly contaminated with HIV+ blood). 136 Smith v. American Red Cross, Keystone Community Blood Bank, Inc. & the Reading Hospital and Medical Center, 1994 WL 22688 (E.D.Pa., Jan. 27, 1994)(dismissing three counts of HIV transmission suit). 31 Smith v. Commission of Fair Employment & Housing, 30 Cal.Rptr.2d 395 (Cal.App. 3 Dist., May 26, 1994)(okay for landlord to discriminate against unmarried couples due to religious belief). 77 Smith v. Dovenmuehle Mortgage Co., 859 F.Supp. 1138 (N.D.Ill., June 10, 1994)(denying summary judgment motion in HIV discrimination suit). 87 Smith v. Martin Correctional Institution, (Fla., May 18, 1994)(Houston Post, May 20, 1994)(suing prison officials for denying transsexual estrogen treatments). 68 Snelham-Moor, Matter of, NYC Loft Bd., TR-0580, NYLJ, Oct. 12, 1994, p.1 (recognizing right of surviving gay partners to take over lofts of their deceased partners). 132 Snyder v. American Assoc. of Blood Banks, NJ Super.Ct., June 24, 1994(awarding $405,000 in compensatory damages for plaintiff who contracted HIV as a result of a blood transfusion). 91 Sommers v. Iowa Civil Rights Commission, 337 N.W.2d 470 (Iowa, May 18, 1983)(rejecting claim by transsexual for disability discrimination). 4 Spence v. Miles Laboratories, Inc., 37 F.3d 1187 (6th Cir., Tenn., Oct. 19, 1994)(in a product liability action for HIV transmission through blood products, statute of limitations begins to run when blood is given to the patient). 135 State v. Aldrich, (Kerrville, TX, Chicago Trib., Aug. 10, 1994)(conviction for capital murder for targeting murder victim because he was gay). 101 State v. Baxley, 633 So.2d 142 (La., Apr. 6, 1994)(denying motion for rehearing to challenge constitutionality of state sodomy law). 14, 35, 66, 77 State v. Brimmer, 876 S.W.2d 75 (Tenn., Feb. 7, 1994)(rejecting homosexual panic defense). 25 State v. Craig & Clark, Pinellas, Co., Fla. (St. Petersburg Times, Aug. 17, 1994)(acquittal on obscenity charges for renting adult films). 99 State v. Cross, 516 N.W.2d 20 (Table)(Wis.App., Mar. 17, 1994)(HIV+ status alone does not provide a basis for modifying prison sentence when defendant first learned of status after sentencing). 46 State v. Degree, 442 S.E.2d 323 (N.C.App., Apr. 19, 1994)(no mistrial when newspaper reported, and jury might have read, defendant had AIDS). 89 State v. DeMagistris, P2/93 - 3890, (R.I.Super.Ct., June 28, 1994)(dismissing charges for violation of sodomy statute). 129 State v. Dizzy Duck, 511 N.W.2d 907 (Mich.Ct.Apps., Jan. 18, 1994)(refusing to shut down a heterosexual nude dancing establishment). 29 State v. Ellevan, 880 P.2d 139 (Ariz.App.Div. 1, Aug. 23, 1994)(sentence vacated when prisoner showed he was infected with HIV when sentence was handed down). 108 State v. E.R., 641 A.2d 1072 (NJ Super.A.D., May 11, 1994)(reducing sentence to probation due to medical condition). 89 State v. Erickson, 883 P.2d 511 (Colo.App., Apr. 7, 1994)(exclusion of character evidence concerning victim's sexuality). 54 State v. Escamilla, 511 N.W.2d 58 (Neb., Jan. 28, 1994)(rejecting homosexual panic defense to murder charge). 24 State v. Gamberella, 633 So.2d 595 (La.App., Dec. 29, 1993)(sustaining HIV transmission conviction). 19 State v. Harper, Mich.Ct.App., Sept. 9, 1994(San Fran. Sentinel, Sept. 14, 1994)(reversing child abuse conviction due to possible prejudice against lesbian). 117 State v. Hinkhouse, (Portland, Ore., Mar. 15, 1994)(Philadelphia Enquirer, Mar. 16, 1994)(convicted on 30 counts of attempted murder based on incidents of unprotected consensual intercourse with three women). 46 State v. Kinder, 879 S.W.2d 677 (Mo.App.W.D., May 24, 1994)(quashing a rule by judges of 19th Judicial Circuit under which no prisoner would be allowed in the courthouse unless the Corrections' Department first advised the court of any infectious condition - including HIV - of the prisoner). 71 State v. Lopes, P1/90 - 3789 (R.I.Super.Ct., Mar. 11, 1994)(arresting judgment in case of consensual sodomy). 129 State v. Lucas, 870 P.2d 1037 (Wa., Apr. 11, 1994)(biological mother who tried to adopt child after realizing it would go to a gay couple lacked standing after relinquishing parental rights). 51, 52, 117 State v. McClendon, Jones Co., Miss., Circ.Ct. (Wash. Blade, Nov. 18, 1994)(ordering an HIV test on bodies of two murdered gay men). 155 State v. McCullum & Others, (Houston, TX)(Houston Post, Aug. 17, 1994)(charging four teens with capital murder in death of gay man). 103 State v. McKnight, 511 N.W.2d 389 (Iowa, Jan. 19, 1994)(rejecting constitutional challenge to state's hate crimes law). 16 State v. Menendez, (Ca.)(hung jury in sensational murder trial by wealthy brothers of parents; some female jurors claimed male jurors were homophobic). 29 State v. Morales, 869 S.W.2d 941 (Tex., Jan. 12, 1994), 826 S.W.2d 201 (Tex.App., 1992)(Texas S.Ct. lacked jurisdiction to rule on Constitutional sodomy challenge). 13 State v. Morello & Crespo (24th Jud.Dist.Ct., La., June 30, 1994)(New Orleans Times Picayune, July 1, 1994)(privacy irrelevant to heterosexual sodomy prosecution). 78 State v. Mortimore, 641 A.2d 257 (N.J., May 26, 1994)(upholding penalty enhancement provisions of state's harassment statute). 76 State v. Naylor, 474 N.W.2d 314 (Minn. 1991)(allowing books about satanism to be introduced in trial of ritualistic killing of a cult member). 75 State v. Perea, (Fla., Feb. 28, 1994)(Nat'l.L.J., Mar. 14, 1994)(accepted HIV as a deadly weapon in the context of a sexual assault). 46 State v. Pink Pyramid, Hamilton Co. Muni.Ct., Ohio (Oct. 3, 1994)(refusing to dismiss obscenity charges against gay bookstore for renting Pasolini film). 131, 149 State v. Raines, (Cal.Super.Ct., Jan. 8, 1994)(imposing 10 year sentence for gay-bashing incident). 15 State v. Reid, Mass.Parole Bd., (Oct. 18, 1994)(paroling woman who was convicted of manslaughter of her partner but was prohibited from asserting the battered women's syndrome defense). 132 State v. Sachs, 526 So.2d 48 (Fla. 1988)(lack of remorse cannot constitute a valid reason for upward departure from sentencing guidelines). 79 State v. Santos, 413 A.2d 58 (R.I., Mar. 20, 1980)(upholding state sodomy law). 129 State v. Stalder, 630 So.2d 1072 (Fla., Jan. 27, 1994)(upholding hate crime statute). 27 State v. Starkey, 516 N.W,2d 918 (Minn., May 27, 1994)(excluding pornography found in victim's house in trial involving murder of a gay man). 75 State v. T.B.D., 638 So.2d 165 (Fla.App. 1 Dist., June 14, 1994)(cross-burning statute violates First Amendment overbreadth doctrine). 76 State v. Thacker, Utah Dist.Ct. (Associated Press, Aug. 17, 1994)(reducing murder to manslaughter in killing of gay man). 103 State v. Vanatter, 869 S.W.2d 754 (Mo., Jan. 25, 1994)(upholding hate crime statute). 27 State v. Vawter, 642 A.2d 349 (N.J., May 26, 1994)(declaring hate crime statute unconstitutional). 76 State v. VideoVisions Inc., 1994 WL 167925 (Ohio App. 5 Dist., Apr. 28, 1994)(bookstore with video booths for masturbating was a nuisance which could be shut down). 66 State v. Wal-Mart Stores, Inc., No. 80737/93 (N.Y.Sup.Ct., Dec. 16, 1993)(New York's off-duty conduct law may protect employees from discrimination based on their off-duty dating habits). 4 State v. West, Kerrville, Tex. (Chicago Trib., Aug. 10, 1994)(sentencing convicted murderer of gay man to death sentence). 101 State v. Winrow, (Burlington Co., NJ, Superior Ct.)(Philadelphia Enquirer, July 2, 1994)(sentencing killer of gay man to five years in prison). 85 State v. Woller, ---N.W.2d---, 1994 WL 643665 (Wis.App., Nov. 16, 1994)(refusing to modify sentence imposed on HIV+ defendant). 155 State v. Wyant, 624 N.E.2d 722 (Ohio, Jan. 12, 1994)(on remand from United States Supreme Court, state's ethnic intimidation law is constitutional). 16 Steffan v. Perry, 41 F.3d 677 (D.C.Cir., Nov. 22, 1994),8 F.3d 57 (D.C.Cir., Nov. 16, 1993)(reversing appeal panel, military homosexual exclusion regulations not unconstitutional as applied to Steffan). 6, 14, 41, 50, 51, 63, 65, 112, 139, 140 Stewart v. Stewart, 645 So.2d 1319 (Miss., Nov. 17, 1994)(dismissing appeal by mother who lost custody of son on possibility that she had a lesbian affair). 148 Sullivan v. Delta Airlines, Inc., BNA Daily Labor Report No.89, 5/11/94 at A-9., BNA Daily Labor Report, No.47, Mar. 11, 1994)(finding in favor of employee in a suit seeking damages for discharge due to HIV status) 44, 71 Swanigan v. American Natl. Red Cross, 438 S.E.2d 251 (S.C., Dec. 6, 1993)(a six year statute of limitations should be used in HIV transmission suits). 10 Swanner v. Anchorage Equal Rights Commission, 1994 WL 41377 (Ak., Feb. 11, 1994) cert. denied 115 S.Ct. 460 (Oct. 31, 1994)(landlord who refused to rent to unmarried couples violated state and municipal anti-discrimination laws). 40, 41, 144 Syracuse Community Health Center v. Wendi A.M., 604 N.Y.S.2d 406 (N.Y.A.D., Nov. 19, 1993)(finding different treatment of HIV infected dental patient was not discrimination). 11, 46 T Tanberg v. Weld Co. Sheriff, 787 F.Supp. 970 (D.Colo., Mar. 18, 1992)(compensatory damages available for employment discrimination due to HIV status under Rehabilitation Act). 70 Taylor v. Hennepin Co., 1994 WL 175010 (Minn.App., May 10, 1994)(prisoner's AIDS discrimination claim abated when plaintiff subsequently dies). 70 Taylor Home of Charlotte, Inc. v. City of Charlotte, 447 S.E.2d 438 (N.C.App., Sept. 6, 1994)(municipal zoning board may repeal zoning approval of AIDS residence). 120 Teegarden v. Teegarden, 642 N.E.2d 1007 (Ind.App. 4 Dist., Nov. 23, 1994)(trial court abused discretion by imposing restrictions on custody rights of lesbian mother). 25, 26, 146 Thomas v. <169>Equal Rights, Not Special Rights<170>, Ohio Elec.Commis. (The Advocate, Mar. 1994) (filing charges claiming rightwing group used improperly channeled funds). 38 Thomas S. v. Robin Y., 618 N.Y.S.2d 356 (N.Y.A.D. 1 Dept., Nov. 17, 1994)(granting sperm donor's petition for filiation). 142 Thoreson v. Penthouse Int'l Ltd., 606 N.E.2d 1369 (N.Y., Dec. 21, 1992)(punitive damages are not available under state human rights law). 15, 66 Tichenor, Estate of, Fed. Retirement Thrift Investment Bd., Dec. 6, 1993 (Wash.Blade)(filing appeal in savings account going to decedent's parents rather than lover). 15 Tischler v. DiMenna, 609 N.Y.S.2d 1002 (S.Ct. Westchester Co., Mar. 1, 1994)(permitting a young woman, whose male sexual partner of nine years died of AIDS, to assert intentional tort and negligence claims against his estate). 45 T.K.'s Video Inc. v. State, 883 S.W.2d 300 (Tex.App.-Fort Worth, July 26, 1994), 871 S.W.2d 527 (Tex.App., Jan. 25, 1994)(obscenity is to be determined by a reasonable member of the community as a whole). 26, 100 Toney v. U.S. Healthcare, Inc., 838 F.Supp. 201 (E.D.Pa., Nov. 5, 1993)(dismissing AIDS discrimination case against health care provide). 20 Town of Wallingford v. Hartford Accident and Indemnity Co., (Conn., Nov. 8, 1994)(City not covered by insurance in suicide death of HIV+ prisoner). 154 Tucker v. Tucker, 881 P.2d 948 (Utah App., Sept. 6, 1994)(reversing trial court, thus granting custody to lesbian mother over straight father). 112 Turner v. Safley, 482 U.S. 78 (1987)(prison regs. are valid if related to a legitimate penological interest). 151 T.W., In re, 551 So.2d 1186 (Fla. 1989)(abortion parental consent statute is unconstitutional). 79 Tyler v. City of Manhattan, 849 F.Supp. 1442 (D.Kan., Apr. 20, 1994)(ADA does not afford a jury trial in public services case). 70 U Ulane v. Eastern Airline, 742 F.2d 1081 (7th Cir., 1984) cert. denied 471 U.S. 1017 (1985)(same-sex sexual harassment is not actionable under Title VII). 145 Underwood v. Archer Management Services 857 F.Supp. 96 (D.D.C., July 12, 1994)(being discharged on basis of one's transsexuality does not violate DCRHA). 84, 98 United Blood Services v. Quintana, 827 P.2d 509 (Colo. 1992)(professional standard of care in regard to AIDS-infected blood at blood bank). 56, 122 United States v. Bygrave, 40 M.J. 839 (NMCMR, Aug. 30, 1994)(consent is not a defense to prosecution for aggravated assault for exposing a sexual partner to HIV). 135 United States v. Castle Dental Clinic, Houston, 3 BNA Health Law Report 1343 (1994)(settling claim of HIV discrimination in dental services). 137 United States v. Chagra, 807 F.2d 398 (5th Cir., 1986)(upholding conviction for conspiracy to commit murder of federal judge). 154 United States v. Gates, 40 M.J. 354 (CMA)(Sept. 16, 1994)(constitutional right to privacy does not include heterosexual fellatio). 130 United States v. Gootee, 34 F.3d 475 (7th Cir., Sept. 2, 1995)(affirming criminal drug conviction). 147 United States v. Grooters, 39 M.J. 269 (CMA)(June 8, 1994)(reversing attempted murder conviction for starting on fire sofa of gay man who defendant thought attacked fellow soldier). 84 United States v. Guglielmi, 819 F.2d 451 (4th Cir., May 21, 1987)(finding of obscenity of films depicting bestiality does not necessitate finding that films appeal to average zoophiliacs). 26, 100 United States v. Hoffmann, 93 Cr. 948 (NYLJ, Oct. 20, 1994, p.1)(vacating conviction for public lewdness). 130 United States v. Huff, 1994 WL 164471 (AFCMR)(affirming dismissal and sentence of an Air Force Lieutenant who was court-martialed for making a pass at another soldier). 65 United States v. Marsh, 26 F.3d 1496 (9th Cir., June 27, 1994)(upholding attempted extortion conviction involving money for sex). 83 United States v. McCarthy, 38 M.J. 398 (C.M.A., Sept. 30, 1993)(the 4th Amendment does not bar warrantless searches by security officers in military dormitories). 15 United States v. Modesto, 39 M.J. 1055 (ACMR, May 10, 1994)(affirming military conviction of dismissal and confinement for sodomy and cross-dressing). 65 United States v. Morvant, 1994 WL 507448 (E.D.La., Sept. 14, 1994), 1994 WL 419873 (E.D.La., July 28, 1994), 843 F.Supp 1092 (E.D.La, Jan. 26, 1994)(dentist not shielded from ADA for refusing to treat HIV+ patients; other motions). 31, 106, 121, 122 United States v. Osornio, 1994 WL 247073 (AFCMR, May 11, 1994)(upholding a bad conduct discharge for engaging in consensual homosexual sodomy while in Air Force). 84 United States v. Schein, 31 F.3d 135 (3rd Cir., July 29, 1994)(reconsidering probation sentence for mail order dealers in gay sex videos). 99, 100 United States v. Schoolfield, 40 M.J. 132 (Aug. 19, 1994)(court martial verdict for HIV+ servicemember who engaged in unprotected intercourse with women after being warned to use contraceptives). 123 United States v. Stanfield (9th Cir., Apr. 7, 1994)(San Fran.Sentinel)(reversing bail decision for defendant with AIDS). 58 United States v. Undetermined Number of Unlabeled Cases, 21 F.3d 1026 (10th Cir., Apr. 15, 1994)(premarket approval not required for urine sample containers for HIV testing of life insurance applicants). 58 United States v. X-Citement Video, Inc., 115 S.Ct. 464 (Nov. 29, 1994), 982 F.2d 1285 (9th Cir., Dec. 16, 1992)(reversing, holding statute constitutional, reading scienter requirement into federal child porn law). 41, 141 United States Information Agency v. Krc, 989 F.2d 1211 (D.C.C., July 23, 1993) rehearing denied 998 F,2d 1040 (D.C.C., July 23, 1993) cert. denied 114 S.Ct. 1049 (Feb. 22, 1994), 905 F.2d 389 (D.C.Cir, June 5, 1990)(denying cert. in regard to anti-gay employment policies of federal agencies). 24 V Vallery v. Southern Baptist Hosp., 630 So.2d 861 (La.App., Dec. 30, 1993)(reversing dismissal of emotional distress claim after her husband's possible exposure to HIV on the job). 18 Vandeventer v. Wabash National Corp., 867 F.Supp. 790 (N.D.Ind., Oct. 17, 1994)(same-sex sexual harassment is not actionable under Title VII). 145 Velez v. State, 645 So.2d 42 (Fla.App. 4 Dist., Oct. 26, 1994)(dismissing appeal for murder conviction with homosexual panic defense). 131 Vernon v. City of Los Angeles, 27 F.3d 1385 (9th Cir., June 23, 1994)(religious freedom was not violated by police investigation into impact of officer's religious views on his performance). 83 W Wadleigh v. Rhone-Poulenc Rorer, Inc., 157 F.R.D. 410 (N.D.Ill., Aug. 17, 1994)(certifying class in HIV infection suit). 122 Waisbren v. Board of Registration in Medicine, 641 N.E.2d 700 (Mass., Nov. 8, 1994)(revoking license of physician who performed HIV tests without consent). 154 Walber 72nd Street Associations v. Pardo, NYLJ, 8/24/94, p.22 (N.Y.Co.Civ.Ct.)(successorship in apartments to domestic partners requires a showing of emotional and financial interdependence). 102 Ward v. State, 636 So.2d 68 (Fla.App. 5th Dist., Mar. 18, 1994)(reversed circuit ct. to suppress evidence in public restroom lewdness case). 42 Watkins v. U.S. Army, 875 F.2d 699 (9th Cir., 1989)(Army estopped from discharging gay servicemember). 111 Weeks v. Collins, 867 F.Supp. 544 (S.D.Tex., Oct. 11, 1994)(denying habeas corpus relief to HIV+ prisoner who was convicted of attempted murder for spitting on a guard). 153 Weeks v. Morales, No. H-93-3708 (S.D.Tex., Jan. 10, 1994)(refusing to dismiss a habeas corpus petition of HIV+ man serving time for attempted murder by spitting). 19 Weeks v. State, 834 S.W.2d 559 (Tex.App., July 9, 1992)(upholding conviction for attempted murder after HIV+ man spat on prison guard). 20 West Village Committee, Inc. v. City of New York, NYLJ, 8/10/94, p.21 (N.Y.Co.Sup.Ct.)(rejecting attempt to end weekly block party outside of gay bar). 101 Whalen v. Roe, 429 U.S. 589 (1977)(state requirement that it be provided with a copy of every prescription for certain drugs is not unconstitutional as to privacy). 23 Wheeler v. Dynamic Engineering, 850 F.Supp. 459 (E.D.Va., Apr. 4, 1994)(self-insured employer could not deny coverage to an employee's spouse for expensive chemo-therapy by changing the terms of the insurance plan after the insured commenced treatment). 57 Whelan v. Albertson's Inc., 879 P.2d 888 (Ore., Aug. 10, 1994)(reviving tort claims of a heterosexual subject to homophobic attacks on belief that he was gay). 99 Williams v. Hill, 1994 WL 494459 (E.D.Pa., Sept. 8, 1994)(denying HIV+ person's discrimination prison employment claim). 123 Williams v. Superior Ct., 36 Cal.Rptr.2d 112 (Cal.App. 4 Dist.,Oct. 27, 1994)(barring punitive damages in an AIDS-phobia case). 154 Wills v. Stamford Hosp., 1994 WL 146406 (Conn.Super., Apr. 12, 1994)(HIV transfusion case dismissed on summary judgment due to plaintiff's failure to offer expert testimony in support of her allegations). 69 Wisconsin v. Krueger, 513 N.W.2d 708 (Table)(Wis.App., Jan 13. 1994)(refusing to allow HIV+ man to serve 7 month sentence for a traffic conviction at home). 20 Wisconsin v. Mitchell, 113 S.Ct. 2194 (1993)(holding that enhanced sentences for commission of hate crimes may be constitutional). 16, 27, 76 Wotman on behalf of Doe v. Kahn, San Fran.Super.Ct., Mar. 2, 1994 (San Fran. Sentinel)(filing suit against cosmetic surgeon who refuses to treat HIV+ patients). 46 X Y Ylst v. Meneweather, 19 F.3d 28 (Table) (9th Cir., Mar. 22, 1994)(claim was moot regarding cruel and unusual punishment and HIV+ inmates). 58 Z Zaccone v. American Red Cross, 1994 WL 485892 (N.D.Ohio, Apr. 18, 1994)(blood bank industry was not negligent in early response to HIV epidemic). 122 Z.J.H., Interest of, 471 N.W.2d 202 (Wis., June 26, 1991)(refusing to recognize lesbian co-parent rights). 75 ZN v. Brown, 6 Vet.App. 183 (Feb. 4, 1994)(vacating decision which denied benefits to a veteran with AIDS). 30, 31