Lesbian/Gay Law Notes: 1996 Case Table
Compiled by Charles Wertheimer, NYLS '97, Helen Ullrich, NYLS
'96, and Arthur S. Leonard

A

Abbott v. Bragdon, 893 F.Supp. 99 (D.Me. 1995)(dentist violated
ADA and Maine statute by refusing to treat PWA). 10,177

A.C. v. C.B., 829 P.2d 660 (N.M. Ct. App. 1992), cert. denied,
827 P.2d 837 (N.M. 1992)(reversing dismissal of co-parent custody
and visitation petition). 133

A.L. v. Y.R., T.L.:, Matter of, 1996 WL 393521 (Mo. Cir. Ct. May
7, 1996)(Not reported in S.W.2d)(holding former lover "equitable
parent" and thereby able to raise child despite having ended a
relationship with the child's mother). 82

Able v. United States, 88 F.3d 1280, 65 USLW 2030, (2nd Cir. Jul.
1, 1996)(vacating ruling that military's "don't ask, don't tell"
policy violates the Constitution 1st and 14th Amendments). 93,147

Able v. United States, 880 F.Supp. 968 (E.D.N.Y. Mar. 14,
1995)("Don't Ask, Don't Tell" is unconstitutional). 5,20,93

Abrams v. Davidison Oil Co., 1996 WL 671399 (Tex. Ct. App. Nov.
20, 1996)(Not reported in S.W.2d)(plaintiff bringing claim for
NIED based on fear of contracting AIDS must allege actual
exposure to HIV through defendant's negligence). 181

ACLU v. Reno, 929 F.Supp 824 (E.D.Pa. June 11, 1996) cert.
granted, 117 S.Ct. 554 (Dec. 6, 1996)(preliminarily enjoining two
sections of the Communications Decency Act of 1996).
48,96,115,168

ACT UP!/Portland v. Bagley, 988 F.2d 868 (9th Cir. 1995)(strip
searches after arrest at demonstration were unconstitutional;
remanded to district court for damages; settlement of $20,000.
for each plaintiff). 33

ACT-UP TRIANGLE v. Commission For Health Services, 472 S.E.2d 605
(N.C. Ct. App. Jul. 16, 1996)(upholding a state agency
reclassification of HIV testing by local health departments from
anonymous to confidential). 128

Action for Children's Television v. FCC, 58 F.3d 654 (D.C.D.C.
1995), cert. denied, 64 USLW 3455 (upholding restrictions against
broadcasting "indecent" materials). 16

Adoption of J, Matter of, 642 N.Y.S.2d 814 (N.Y.Surr.Ct., N.Y.
Co. Apr. 25, 1996)(discontinuance of routine appointment of
guardian ad litem in adoptions by same-sex couples). 66

Alison D. v. Virginia M., 77 N.Y.2d 651 (N.Y. 1991)(biological
stranger is not entitled to seek visitation rights). 134

Amer v. Fla. Dept. of Health & Rehabilitative Services, Broward
Cty., Fla., Sun Sentinel, Dec. 18, 1995(lawsuit challenging
Florida's ban on adoptions by gays). 6

Amex Life Assurance Co. v. Superior Court, 51 Cal.Rptr.2d 354
(Cal. Ct. App., 2d Dist. Mar. 27, 1996)(preventing insurance
company from voiding coverage after discovering insured's
concealment of positive HIV status). 71

Anderson v. Gus Mayer Boston Store of Delaware, 924 F.Supp. 763
(E.D.Tex Mar. 25, 1996)(employer's switch to new health plan
which does not provide coverage to PWA may be in violation of the
Americans with Disabilities Act). 71

Anderson v. Romero, 72 F.3d 518 (7th Cir. 1995)(state prison
guard immune from suit for revealing prisoner's HIV status).
2,159

Anonymous, Matter of, A 71 498 940 (IJ N.Y. Oct. 31, 1996), 73
Interp. Rel 910, Jul. 8, 1996 (declaring that an HIV+ is a member
of a social group subject to persecution and on that basis
granting him political asylum). 124

Ann Howard's Apricots Restaurant, Inc. v. Commission on Human
Rights and Opportunities, 676 A.2d 844 (Conn. May 28,
1996)(discharge of waiter suspected of having AIDS violated the
state's human rights law). 86

Ariste v. Kingsbrook Jewish Medical Center, 645 N.Y.S.2d 593
(N.Y. App. Div., 3rd Dep. Jul. 18, 1996)(reversing a Workers
Compensation Board decision that an nurse's aide's HIV infection
represents an occupational hazard). 130

Arizona v. Superior Court, 678 A.2d 1152 (Ariz. Ct. App. Jul. 23,
1996)(upholding HIV testing of juvenile adjudicated delinquent
upon victims request). 129

B

Baehr v. Lewin, 825 P.2d 44 (Haw. 1993)(same-sex marriage
exclusion must be tested under heightened scrutiny as a form of
sex discrimination), appeal denied sub nom, Baehr v. Miike, 80
Haw. 341, 910 P.2d 112 (Haw. 1996)(rejecting attempt by Morman
Church to intervene in same-sex marriage case).
7,23,35,51,102,134,155,167,168,170

Baehr v. Miike, *1996 WL 694235 (Haw. Cir. Ct., 1st Cir. Dec. 3,
1996)(Hawaii's prohibition against same-sex marriages violates
the state constitution's equal protection clause). 167,168,170

Babich v. Waukesha Memorial Hosp., 556 N.W.2d 144 (Wis. Ct. App.
Oct. 30, 1996)(holding that plaintiff who suffered needlestick
injury cannot sue for emotional distress unless he or she can
prove that needle is a "contaminated source"). 163

Baby Z., In re, Connecticut Law Tribune, May 20, 1996 (Superior
Court ruling that Probate Court should allow domestic partner to
adopt baby who was conceived through alternative insemination).
82

Baluyut v. Superior Court of Santa Clara County, 50 Cal. Rptr.2d
101, 911 P.2d 1 (1996)(no requirement to prove government's
intent to punish defendant for membership in specified class to
establish claim of selective prosecution). 44

Balzac v. Stamford Hospital, 1996  WL 222406 (Conn. Super. Ct.
Apr. 2, 1996)(willful disclosure of a person's HIV status creates
a cause of action in addition to traditional common law
remedies). 89

Barese v. Clark, 1996 WL 663850 (Conn. Super. Ct. Nov. 6,
1996)(Slip copy)(immunity to defamation action may not apply to
prosecutor who revealed plaintiff's confidential HIV-status in
open court).  182

Barr Laboratories v. Burroughs Wellcome Co., 40 F.2d 1223
(Fed.Cir. 1994), cert. denied, 116 S.Ct. 771 (1996)(upholding
patent for AZT). 40

Baskerville v. Culligan Int'l  Co., 50 F.3d 428 (7th Cir.
1995)(in dicta, would not exclude possibility that same-sex
sexual harassment would be actionable). 21,48,148

Batson v. Kentucky, 476 U.S. 79 (1986)(peremptory challenges
cannot be used to keep members of a particular race off of a
jury). 114

Baynard v. Milton S. Hershey Medical Ctr. Hosp., 1996 WL 278862
(E.D.Pa. May 22, 1996)(Not reported in F.Supp.)(rejecting as
time-barred a negligence claim brought by a woman who was denied
a kidney transplant after being misdiagnosed as HIV+). 110

Baysinger v. Schmid Prod. Co., 514 A.2d 1 (1996)(case remanded to
determine if claimant should have been put on "inquiry notice"
after her physicians told her that there was no way to determine
whether IUD had her caused medical problems). 88

Berger v. Cantor-Fitzgerald Securities, 942 F.Supp. 963 (S.D.N.Y.
Nov. 4, 1996)(issue of arbitrability in anti-discrimination case
brought by gay employee must be decided by court). 171

Berkshire Life Ins. Co. v. Owens, 1996 WL 11198 (S.D.N.Y. Jan.
11, 1996)(Not reported in F.Supp.)(finding that whether HIV+
insurance applicant committed fraud by declaring his good health
is a jury question). 27

Bernstein v. CapitalCare, Inc., 70 F.3d 783 (4th Cir. 1995)(HMO's
decision to deny benefits to PWA not based on deliberate,
principled reasoning process supported by substantial evidence).
9

Biggs v. City of Jackson, 1996 WL 649992 (Mich. Ct. App. Aug. 9,
1996)(Slip copy)(reversing summary judgment in case where city
refused to designate handicapped parking space to HIV+
individual). 179

Bishop v. Mt. Sinai Medical Ctr., N.Y.L.J., October 28, 1996, p.
28, col. 5 (N.Y. Sup. Ct., N.Y. Co. 1996)(refusing to grant
summary judgment to defendant hospital in suit brought by
pedestrian cut by object in hospital dumpster). 164

Bledsoe v. Palm Beach Soil and Water Conservation Dist., 942
F.Supp. 1439 (S.D.Fla. Oct. 17, 1996)(holding that Title II of
the ADA does not provide a cause of action for employment
discrimination). 183

Board of Education v. Pico, 457 U.S. 853 (1982)(school officials
may not remove books from school library based solely upon their
disagreement with contents). 5

Boring v. Buncombe County Board of Education, 93 F.3d 1474 (4th
Cir. Oct. 31, 1996)(1st Amendment protects drama teacher
involuntarily transferred after selecting play depicting
dysfunctional family with lesbian daughter). 156

Borquez v. Ozer, 923 P.2d 166 (Colo. Ct. App. 1995)(holding law
protecting lawful off-duty conduct extended to gay employee
wrongfully discharged for taking time off to care for AIDS
stricken partner). 157

Bottoms v. Bottoms, 457 S.E.2d 102 (Va. 1995)(reversing 444
S.E.2d 276 (Va. App. 1994)(ruling lesbian mother unfit by reason
of her conduct, including felonious conduct inherent in
lesbianism). 34

Bowen V. Lumbermens Mutual Casualty Co., 517 N.W.2d 431 (Wis.
1994)(plaintiff claiming negligent infliction of emotional
distress may prevail without proving physical manifestations).
163

Bowers v. Hardwick, 478 U.S. 186 (1986)(right to privacy does not
extend to same-sex sodomy).  1,15,16,31,43,70,77,78,91,100,102,
113,119,147

Boytano v. Fritz, 321 Or. 498, 901 P.2d 835 (Or. 1995)(denying
injunction of anti-gay civil rights ballot initiative). 34

Brakett v. Chater, Unempl.Ins.Rep. (CCH) P15082B, 1996 WL 26579
(S.D.N.Y. 1996)(Not reported in F.Supp.)(affirming SSA ruling
that PWA was capable of performing sedentary work and therefore
not eligible for disability benefits). 27

Brandenburg v. Ohio, 395 U.S. 444 (1969)(speech must present
imminent danger of lawless acts to be proscribed). 16

Braschi v. Stahl Associates, Inc., 74 N.Y.2d 201 (N.Y.
1989)("family" in non-eviction provision of rent-control laws
includes unmarried lifetime partner). 19,99

Braunfield v. Brown, 366 U.S. 599 (1961)(Sunday closing laws do
not impermissibly burden the religious belief's of Sabbath
observers). 61

Brown v. Coombe, 1996 WL 507118 (N.D.N.Y. Sep. 5, 1996)(Not
Reported in F.Supp.)(refusing transsexual prisoner's preliminary
order to enjoin prison and state agency from refusing to provide
hormone therapy). 137

Brown v. New York Health and Hosp. Corp., 648 N.Y.S.2d 880 (N.Y.
App. Div., 2nd Dept. Oct. 15, 1996)(nurse suffering a neddlestick
injury could maintain a claim for AIDS-phobia damages for only
six months after the injury). 162

Bruton v. United States, 391 U.S. 123 (1968)(holding that the
evidence of co-defendant's confession is inadmissible as hearsay
and trials must be severed before such evidence is introduced).
173

Buchanan v. Mayfield, 925 S.W.2D 135 (Tex. Ct. App. Jun. 12,
1996)(dental patient entitled to know the name of previous
patient in dental chair after plaintiff used the same spit cup).
108

Bullock v.Gomez, 929 F.Supp. 1299 (C.D.Cal. May 6, 1996)(refusing
to grant prison official's motion of summary judgment in claim
brought by HIV+ prisoner who was excluded from an overnight
visitation program with his wife). 110

Burk v. State, 478 S.E.2D 416 (Ga. Ct. App. Nov. 13,
1996)(upholding felony reckless endangerment conviction of HIV+
individual who attempted to bite police officer). 181 

Burwick v. Yuhas, 1996 WL 389355 (Mo. Ct. App., So. Dist. Jul.
10, 1996)(Not reported in S.W.2d)(reversing a directed verdict in
favor of a doctor who was sued for malpractice for ordering an
unnecessary AIDS test for plaintiff). 107

C

Cammermeyer v. Aspin, 850 F.Supp. 910 (W.D. Wash. 1994)(ordering
reinstatement of lesbian soldier). 5

Cahill v. Rosa, 89 N.Y.2d 14 (N.Y. Oct. 15, 1996)("private"
dental office is a public accommodation within the meaning of New
York Human Rights Law). 159

Cammermeyer v. Perry, 97 F.3d 1235 (9th Cir. Oct. 7,
1996)(holding moot Government's appeal of the 1994 decision
ordering reinstatement of lesbian to military). 150

Campbell v. Sundquist, 926 S.W.2d 250 (Tenn. Ct. App. Jan. 26,
1996)(invalidating same-sex sodomy law). 15,31,91

Case v. Unified School Dist. No. 233, 908 F.Supp. 864 (D.Kan.
1995)(school board's removal of book about teen-age lesbian
relationship from school library violates 1st Amendment). 5,24

Castrejon-Garcia v. INS., 60 F.2d 1359 (9th Cir. 1995)(an
immigrant can establish a continuous presence in the United
States if temporary absence does not call into question 
commitment to living in the U.S.). 142

Cavanaugh v. Burlington Northern R.R. Co., 941 F.2d 872 (D,Minn.
Sep. 30, 1996)(dismissing employees' torts claims brought against
employer who instituted anti-gay bias investigation). 156

Celotex Corp. v. Copeland, 471 So.2d 533 (Fla. 1985)(holding the
market-share alternate theory of liability inappropriate in a
case of asbestos-related injury). 109

Chapman v. Byrd, 475 S.E.2d 734 (N.C. Ct. App. Oct. 1,
1996)(dismissing claims of defamation and civil rights violation
but letting stand claim of intentional and negligent infliction
of emotional stress against EMS workers who spread rumors that a
restaurant worker had AIDS). 163

Chattmon v. State, 1996 WL 156914 (Tex. Ct. App. Apr. 4,
1996)(Not reported in S.W.2d)(defendant's assertion that
discovery of sexual partner's HIV-positive status motivated
killing partner constitutes insufficient grounds to reduce murder
to manslaughter). 74

Cheung v. Merrill Lynch, 913 F.Supp. 248(S.D.N.Y.
1996)(discrimination based on sexual orientation can be inferred
from appearance or mannerisms). 21

Choroszy v. Wentworth Institute of Technology, 915 F.Supp.
446(D.Mass. 1996)(dismissing claim of negligent supervision for
anti-gay harassment). 34

Christiansen v. State, 468 S.E.2d 188 (March 11, 1996)(upholding
the constitutionality of criminalization of solicitation for oral
sex). 43,120

Christine G., Matter of, 644 N.Y.S.2d 1016 (Jul. 22,
1996)(reversing decision which had denied an adoption petition by
a lesbian co-parent). 123

City of Atlanta v. McKinney, 454 S.E.2d 517 (Ga. 1995)(Atlanta
domestic partnership benefits ordinance ultra vires, but Human
Rights ordinance and partner registration ordinance sustained).
43

City of Cleburne v. Cleburne Center for Independent Living, 473
U.S. 432 (1985)(equal protection clause requires at least
rational basis review where discrimination is not race-based).
4,60

City of Dallas v. England, 846 S.W.2d 957 (Tex. App. 1993) (state
constitutional privacy rights applies to consensual sexual
conduct between adults). 102

City of New Orleans v. Benson, 665 So.2d 1196 (La. App.,4th Cir.
Nov. 30, 1995)(affirming lower court's grant of injunction to
city which closed down large part of gay bathhouse). 6

City of Sherman v. Henry, 928 S.W.2d 464 (Tex. Jul. 8,
1996)(citing Bowers v. Hardwick, Texas city did not violate
police officer's constitutional rights by denying him a promotion
because he was having an adulterous affair). 92,102

Civil Rights Cases, 109 U.S. 3 (1883)(invalidating Reconstruction
civil rights legislation as a violation of the 14th Amendment).
77.

Clarke v. Kentucky Fried Chicken, 57 F.3d 21 (1st Cir.
1995)(claim for sexual harassment must be brought under Mass.
anti-discrimination statute). 35

Commonwealth v. Capone, 659 N.E.2d 1196 (Mass. App. Ct. 1996)(in
same-sex sexual assault trial, warnings to jury to remain
dispassionate suffice to ensure fair trial). 22

Commonwealth v. Delp, 672 N.E.2d 114 (Mass. App. Ct. Oct.
8,1996)(upholding verdict despite a juror's post-verdict
admission that he had an anti-gay bias). 170

Commonwealth v. Martin, 660 N.E.2d 670 (Mass. App. Ct.
1996)(reversing rape verdict due to AIDS-related errors by
judge). 28

Commonwealth v. Plunkett, 664 N.E.2d 833 (Mass. May 13,
1996)(vacating the conviction of an individual for murdering a
gay man and also alerting state court judges to the problem of
jurors' anti-gay bias). 79

Commonwealth v. Wasson, 842 S.W.2d 487 (Ky. 1992)(striking down
state sodomy law). 15,35,43,120

Commonwealth v. Zawatsky, 670 N.E.2d 969 (Mass. App. Ct. Oct. 2,
1996)(affirming convictions of assault and battery in gay bashing
case while dismissing civil rights violation for lack of
jurisdiction). 155

Comparone, Matter of, N.Y.L.J., Jan. 19, 1996, p.26, col.3
(Sup.Ct., N.Y.Co., Goodman, J.)(Not reported in N.Y.S.2d)(tenant
succession regulations governing unmarried cohabitants in rent-
controlled apartment do not extend to rent increase situations).
19

Compassion in Dying v. Washington, 79 F.3d 790 stay granted sub
nom, Washington v. Glucksberg, 116 S.Ct. 2494, rehearing en banc
denied by full court, 85 F.3d 1440 (1996), cert. granted, 117
S.Ct. 37 (Oct. 1, 1996)(holding that law banning physician-
assisted suicide is unconstitutional under the Due Process
Clause). 70,142,158

Cooper, Matter of, 187 App.Div.2d 128 (N.Y. App. Div., 2nd Dept.
1993) appeal dismissed, 82 N.Y.2d 801 (1993)(refusing to construe
"surviving spouse" as including same-sex partners). 100

Coraggio v. Time Inc. Magazine Co., 1996 WL 139786 (S.D.N.Y. Mar.
28, 1996)(Not reported in F.Supp.)(dismissing claim of
discrimination on the basis of pregnancy and marital status
brought by employee against two lesbian supervisors). 65

Cotton v. Bowen, 799 F.2d 1403 (9th Cir. 1986)(SSI claimant must
produce objective medical evidence of impairment and show that
impairment could reasonably be expected to produce symptoms). 164 

Cox v. Fla. Dept. of Health & Rehabilitative Services, 656 So.2d
902 (Fla. 1995)(equal protection claims brought by gays should be
adjudicated under rational basis standard rather than heightened
scrutiny). 6

Cross v. Cutter Biological, 676 So.2d 131 (4th Cir. May 29,
1996)(affirming the jury verdict against parents of child whose
AIDS-related death followed a transfusion of Factor VIII, a blood
product). 106

Curiale v. Reagan, 222 Cal.App. 3d 1597 (Ct. App., 2nd Dis., Div.
7, Mar. 29, 1994)(biological mother's lesbian partner not
entitled to visitation). 134

Curtis v. School Committee of Falmouth, 420 Mass. 749, 652 N.E.2d
580 (1995)(No. 95-617, 64 USLW 3456 [Jan. 9, 1996])(denying cert
to claim that school safe sex education violated parents' and
students' constitutional rights). 25

Custody of H.S.H.-K.: Holtzman v. Knott, 533 N.W.2d 419 (Wis.
1995), cert. denied, 116 S.Ct. 475 (1995)(same-sex co-parent has
standing to seek visitation rights). 133,145

D

D.B. v. Bloom, 896 F.Supp. 166 (D.N.J. 1995)(refusal to treat
HIV+ dental patient violates state and federal disability
discrimination laws). 10

D.B. and J.B. v. CCH-GP,Inc., 664 So.2d 1094 (Fla. App. 2 Dist.
1995)(date plaintiff had knowledge of HIV infection was genuine
issue of material fact in determining whether her claim for
negligent transfusion could proceed). 12

Dale v. Boy Scouts of America, No. Mon-C-330-92 (N.J. Super. Ct.,
Monmouth Cty., Nov. 3,1995)(state nondiscrimination law does not
apply to Boy Scouts because it is not a public accommodation nor
is volunteer scoutmaster an employee). 41

Damiano v. McDaniel, 670 So.2d 1198 (Fla. Dist. Ct. App., 4th
Dist. Apr. 10, 1996)(certifying question of statute of
limitations to Florida Supreme Court in HIV transfusion case). 72

Darden v. Alameda County Network, 1996 WL 440545 (N.D.Cal. Jul.
26, 1996)(Not reported in F.Supp.)(African-American male claiming
anti-heterosexual bias failed to allege sufficient facts to state
a claim under Title VII). 120

Davis v. Davis, 842 S.W.2d 588 (Tenn. 1992)(affirming ex-
husband's right to block use of frozen embryos by ex-wife). 15

Degen v. New York Stock Exchange, Inc., N.Y.L.J., Dec. 25, 1995
(allowing discriminatory discharge claim based on sexual
orientation to go forward under NYC Human Rights law). 7

DeMuth v. Miller, 652 A.2d 891 (Pa.Super. 1995) cert. denied, 116
S.Ct. 916 (rejecting discharged gay accountant's appeal of
enforcement of noncompetition clause). 32

Denver Area Educational Telecommunications Consortium, Inc. v.
Federal Communications Commission, 116 S.Ct. 2374, (Jun. 28,
1996)(cable system operators have the right to refuse to show
sex-related materials which they deem to be "patently
offensive"). 32,92,115

deParrie v. City of Portland, 906 P.2d 844 (Or. App. 1995)(Oregon
statute that forbids "singling out" based on sexual orientation
is a prohibition against discrimination). 18

DeSimone v. Transprint, USA, Inc., 1996 WL 209951 (S.D.N.Y. Apr.
29, 1996)(Not reported in F.Supp.)(refusing to grant summary
judgment to employer who had fired employee after learning that
employee's HIV+ gay partner had been hospitalized). 87

DiPaolo v. N.Y. Blood Center (Sup.Ct., N.Y.Co.) NYT, Dec. 20,
1996 (claiming that blood center should have no liability for
tainted blood because family had already settled claim with
hospital and doctors). 11

Dixon v. State Farm Fire and Casualty Insurance Co., 926 F.Supp
548 (E.D.Va. May 28, 1996)(rejecting defendant's assertion that
plaintiff did not state hostile environment sexual harassment
claim because defendant's behavior was, at best, suggestive of
homosexuality and not "homosexuality-in-fact"). 101

Dockery v. North Shore Medical Center, 909 F.Supp. 1550 (S.D.Fla.
1995)(qualification for disability benefits does not estop a
person from being a "qualified individual" if given reasonable
accommodations). 12

Doe v. Alexian Brothers Medical Center, 1996 WL 210074 (N.D.Ill.
Apr. 25, 1996)(Not reported in F.Supp.)(ruling that plaintiff may
proceed anonymously in suit where plaintiff alleges he was given
HIV test without his consent). 88

Doe v. American National Red Cross, 923 F.Supp. 753 (D.C.Md. Apr.
25, 1996)(statute of limitations begins to run when HIV-infected
claimant has been put on inquiry notice that wrong may have
occurred and not on the date that expert concluded there has been
malpractice). 87

Doe v. American Red Cross, 322 Or. 502, 910 P.2d 364 (Or.
1996)(statute of limitations not tolled because reasonable
inquiry would not necessarily have discovered defendant's
tortious conduct). 39

Doe v. Bridgeport Hospital, 671 A.2d 405 (Conn. App. Ct. Feb. 27,
1996)(ordering trial court to articulate reason for dismissing
claim arising from false HIV-positive test result). 56 

Doe v. Chubb Sovereign Life Insurance Co., No. C-96-1458-VRW
(N.D.Cal. Nov. 13, 1996)(finding that Title III of the ADA
applies to case where insurance company refused to sell insurance
to the spouse of an HIV-infected individual). 178

Doe v. Cutter, 89 F.3d 844 (9th Cir. Jun. 24, 1996)(dismissing
products liability action involving HIV-contaminated blood
product because the death of the victim rendered the case moot).
127

Doe v. Lockwood, 89 F.3d 833 (Jun. 27, 1996)(upholding dismissal
of claims brought by man and his fiance after public disclosure
of the man's HIV+ status). 125

Doe v. Marselle, 38 Conn.App. 360, 660 A.2d 871
(1995)(defendant's revelation of plaintiff's HIV+ status to her
sons held not willful under state statute). 89

Doe v. Marselle, 675 A.2d 835 (Conn. May 7, 1996)(patient has
cause of action against physician whose surgical assistant
wilfully disclosed patient's HIV status). 86,182

Doe v. Marsh, 918 F.Supp. 580 (N.D.N.Y. Mar. 19, 1996)(42 U.S.C.
 1983 protects New York State Education employees from liability
arising from the disclosure of names of PWA in HIV prevention
publication).                           72

Doe v. Roe, 475 S.E.2d 783 (S.C. Ct. App. Jul. 22, 1996)(holding
that neither a constructive trust nor an equitable lien exist in
favor of partner in a dissolved long-term lesbian relationship).
115

Doe v. Rosa, 606 N.Y.S.2d 522 (N.Y. Sup. Ct., N.Y. Co.
1993)(upholding Governor's order excluding military recruiters
from state university campuses). 64

Doe v. Southeastern Pennsylvania Transportation Authority, 72
F.3d 1133 cert. denied, No. 95-1742 (3rd Cir. 1995)(reversing
jury's determination that defendant's revelation of HIV status
denied plaintiff's constitutional right to privacy). 25,165

Doe v. United Blood Services et al., (D.Ariz. Dec. 4, 1995)
Arizona Republic, Dec. 17, 1995 (certifying class action suit for
Arizonans infected with HIV through blood transfusions from mid-
1982 through early 1985). 11

Drury v. Baptist Memorial Hosp. System, 933 S.W.2d 668 (Tex. Ct.
App. Oct. 9, 1996)(affirming summary judgment against party whose
only injury was fear of developing AIDS). 163,181

DSCY/DFS v. Bryant, 1996 WL 436439 (Del. Fam. Ct. May 30,
1996)(Slip copy)(rejecting termination of parental rights of HIV+
mother). 130

Dustin v. DCHI Home Health Services, Inc. 673 So.2d 356 (La. Ct.
App., 1st Cir. May 10, 1996)(reviving suit of student who tested
HIV+ after helping restrain patient whom student was not informed
was HIV+). 89

E

EEOC v. Mason Tenders District Council Welfare Fund, No. 93-3865
(S.D.N.Y. 1995) BNA Daily Labor Report No. 241, December 15, 1995
(settlement requiring welfare fund to pay $1 million and to
extend coverage to persons with AIDS). 12

EEOC v. Prevo's Family Market, Inc., 5 A.D. Cases (BNA) 1526
(W.D.Mich., Aug. 27, 1996)(Not Reported in F.Supp.)(granting
summary judgment in favor of HIV+ employee who brought ADA suit
after being put on involuntary unpaid leave and required to take
medical test). 161

EEOC v. South Dakota Wheat Growers Ass'n., 683 F.Supp 1302
(D.S.D. 1988)(Title VII applies to a health insurance policy
provided as a consequence of employment even after employment has
been terminated). 123

Eichlin v. Zoning Hearing Bd. of New Hope Borough, 671 A.2d 1173
(Pa.Cmwlth. 1996)(zoning rules permit use of home for eight HIV+
persons). 38

Employment Division v. Smith, 494 U.S. 872 (1990)(Free Exercise
Clause does not excuse individual from obeying law of general
applicability even if compliance would violate sincerely-held
religious beliefs). 61

Equality Foundation of Greater Cincinnati, Inc. v. City of
Cincinnati, 54 F.3d 261 (6th Cir. 1995), reversing 860 F.Supp.
417 (S.D.Ohio, Aug. 9, 1994), vacated 116 S.Ct. 2519 (1996)(City
charter amendment repealing ordinance prohibiting anti-gay
discrimination and forbidding future enactment of such provision
is constitutional). 91

Estate of Doe v. American Association of Blood Banks, 79 F3d.
1151 (affirming, as time-barred, dismissal of claim brought by
AIDS infected transfusion patient). 54

Estelle v. Gamble, 429 U.S. 97 (1976)(state violates 8th
Amendment when it acts with deliberate indifference to inmate's
medical needs). 10

Evans v. May, 923 S.W.2d 712 (Tex. Ct. App. Apr. 11, 1996)(mere
fact of 30 year relationship between two men and nothing more
does not constitute undue influence for the purpose of
invalidating a will in which decedent left entire estate to
survivor). 64

Evans v. Romer, 882 P.2d 1335 (Colo. 1994), cert. granted, 115
S.Ct. 1092 (1995)(amendment to Colo. constitution forbidding
state from enacting laws protecting individuals from
discrimination based on sexual orientation violates
constitutional right to equal participation in political
process). 4

Everett v. Town of Bristol, 674 A.2d 1275 (Vt. Apr. 29,
1996)(barring testimony of lesbian plaintiff's past sexual
history in personal injury suit). 81

F

Faltas v. The State Newspaper, 928 F.Supp. 637 (D.S.C. May 20,
1996)(responses to a homophobic op-ed article were not
defamatory). 98

Farmer v. Brennan, 114 S.Ct. 1970 (1994)(requiring "deliberate
indifference to truth" to support claim for defamation). 51

Farmer v. Brennan, 81 F.3d 1444 (7th Cir. Apr. 26, 1996)(vacating
a summary judgment dismissal of inmate transsexual's 8th
Amendment claims). 79

Farmer v. Hawk, 1996 WL 525321 (D.D.C. Sep. 5, 1996)(Not Reported
in F.Supp.)(rejecting claims of due process and equal protection
violation brought by HIV+ inmate after she was placed in
controlled housing after she was found to be in violation of
Bureau of Prisons' HIV policy). 142

Farr v. California Department of Rehabilitation, 1996 WL 182204
(N.D.Cal. Apr. 8, 1996)(Not reported in F.Supp.)(same-sex
harassment claim dismissed for lack of factual basis). 63

FCC v. Pacifica Foundation, 438 U.S. 726 (1978)(because children
are likely to be listening, the FCC may regulate radio
broadcasted "indecent speech" during daytime hours). 92,93,96,115

Federal Election Commission v. Christian Action Network, Inc., 92
F.3d 1178 (4th Cir. Aug. 4, 1996)(anti-gay T.V. advertisements
did not violate election expenditure law). 120

Felder v. Chater, Unempl.Ins.Rep. (CCH) P15052B, 1995 WL 745018
(E.D.N.Y. Dec. 4, 1995)(Not reported in F.Supp.)(remand after
finding that pneumonia would trigger eligibility for Social
Security disability benefits). 27

Finley v. National Endowment for the Arts, 100 F.3d 671 (9th Cir.
Nov. 5, 1996)(finding restrictions on National Endowment for the
Arts unconstitutionally vague and content based). 169

Fioretti v. Mass. Gen'l Life Ins. Co., 53 F.2d 1228 (11th Cir.
1995), cert. denied, 116 S.Ct. 708 (1996)(upholding invalidation
of life insurance policy issued to PWA who had used a stand-in to
pass HIV test required by policy). 40

521 East 72nd St. Realty Co. v. Weltsek, N.Y.L.J., Jul. 3, 1996,
p.29, (N.Y. Civ. Ct., N.Y.Co., 1996)(sexual relationship not
dispositive in determining surviving partner's succession to
rent-controlled apartment). 99

Fleenor v. Hewitt Soap Company, 81 F.3d 48 (6th Cir. Apr. 9)
cert. denied, 117 S.Ct. 170 (dismissing same-sex harassment claim
after finding that plaintiff failed to allege facts sufficient to
make case). 64,148

Foley v. Municipality of Anchorage, 1996 WL 650223 (Not reported
in P.2d)(Alaska Ct. App. Nov. 6, 1996)(HIV testing and travel
restrictions may not be constitutional when applied as conditions
of probation). 180

Fosman v. State, 664 So.2d 1163 (Fla. Dist. Ct. App. 4th Dist.
1995)(upholding constitutionality of statute authorizing HIV
testing of sexual assault defendants). 9

Fraad-Wolff v. Vassar College, 932 F.Supp. 88 (S.D.N.Y. Jul. 12,
1996)(defendant college complied with its disciplinary procedures
in investigating and adjudicating an anti-gay harassment charge
against plaintiff). 119

Freed v. Horn, 1995 WL 710529 (E.D.Pa. Dec. 1, 1995)(Not reported
in F.Supp.)(failure to provide specific painkiller to HIV+ inmate
does not meet standard of "deliberate indifference" proscribed by
8th Amendment). 10

G

Garcia V. Elf Atochem No. America, 28 F.3d 446 (5th Cir.
1994)(same-sex sexual harassment is not actionable under Title
VII because Congress only intended to apply the statute to
protect women from discrimination by men). 1,47,80,150

Garcia v. Santa Rosa Health Care Corp., 1996 WL  343640 (Tex. Ct.
App. Feb. 29, 1996)(Not reported in S.W.2d)(health care provider
has duty to notify patient of possible HIV exposure). 39

Gaston v. Parsons, 318 Or. 247, 864 P.2d 1319 (Or. 1994)(legally
cognizable injury occurs when plaintiff, exercising reasonable
care, knows or should know that there has been harm, causation,
and tortious conduct). 39

Gay and Lesbian Law Students Assoc. Bd. of Trustees, Univ. of
Conn., 673 A.2d 484 (Conn. 1996)(barring military recruiters from
University of Connecticut Law School). 44

Gay Lesbian Bisexual Alliance v. Sessions, 930 F.Supp. 1492
(M.D.Ala. Jun. 6, 1996)(awarding attorney's fees and expenses to
attorneys who represented a student group in its successful
effort to invalidate a homophobic state law). 104

Gay Lesbian Bisexual Alliance v. Sessions, 917 F.Supp. 1548
(M.D.Ala. 1996)(declaring  unconstitutional state statute barring
student activity which might "promote homosexuality"), motion
denied, 917 F.Supp. 1558 (M.D.Ala. 1996)(denying plaintiff's
motion for injunction). 16,31

Gayer v. State Bar of California, 1996 WL 193846 (D.C.S.F. Apr.
16, 1996)(Not reported in F.Supp.)(dismissing class action suit
brought by attorney after State Bar investigated plaintiff in
reference to his accusations of municipal judges' anti-gay bias).
85

Gayheart v. Burns, (Ky. Ct. App. 1996), Kentucky Post, Nov. 9,
1996 (upholding reprimand of teacher accused of gossiping about
the sexual orientation of school superintendent and
administrators). 173

Gerd v. United Parcel Service, Inc., 934 F.Supp. 357 (D.Colo.
Aug. 19, 1996)(same-sex harassment actionable under Title VII).
116

Gibson v. Tanks Incorporated, 930 F.Supp. 1107 (M.D.N.C. Apr.
1996)(dismissing same-sex harassment claim because male plaintiff
did not specifically allege that the defendant was homosexual).
101

Goff v. State, 931 S.W.2d 537 (Tex. Crim. App. May 22,
1996)(rejecting convicted murder contention that trial court
erred by not allowing evidence that murder victim was gay). 80

Goins v. Mercy Center, 667 N.E.2d 652 (Ill. Ap. Ct., 2nd Dist.
Jun. 19, 1996)(ruling that a hospital employee's claim against
his employer for breach of confidentiality regarding his HIV-
status is not barred by the Workers Compensation Act). 110

Goluszek v. Smith, 697 F.Supp. 1452 (N.D.Ill. 1988)(same-sex
sexual harassment not intended by Congress to be actionable under
Title VII). 48,62,139

Gonsalves v. City of New Bedford, 168 FRD 102 (sanctioning
attorney for failing to disclose the HIV+ status of a victim of
police brutality in a case where attorney represented victim's
estate). 126

Gonzales v. Garner Food Services, Inc., 89 F.3d 1523 (11th Cir.
Aug. 2, 1996)(former employee cannot sue under the ADA claiming
post-employment health insurance was changed to include a cap on
AIDS-related benefits). 123

Greenwood v. Taft, Stettinius & Hollister, 662 N.E.2d 22 (Ohio
1996)(upholding law firm's dismissal of associate who actively
fought repeal of Cincinnati's anti-gay ordinance). 48,65

Greenwood v. Taft, Stettinius & Hollister, 663 N.E.2d 1030 (Ohio
App., 1 Dist., 1995)(no remedy in Ohio law for wrongful discharge
because of sexual orientation or for engaging in political
activity related to gay rights). 48

Grillo v. John Alden Life Insurance Co., 939 F.Supp 685 (D.Minn.
Sep. 23, 1996)(refusing to dismiss same-sex harassment claim).
138

Griswold v. Connecticut, 381 U.S. 479 (1965)(right to privacy 
includes married couple's right to use contraception). 15,100

Gryczan v. Montana, No. BDV-93-1869, (Mont. 1st Jud.Dist., Feb.
16,1996)(enjoining state from enforcing statute criminalizing
consensual homosexual activity as violative of state
Constitution). 31

H

H. v. M, Ottawa Citizen, Feb. 13, 1996 (Ont.Ct.,
Gen.Div.)(limiting statutory definition of spouse to heterosexual
couples violates rights of lesbian couple). 37

Hall v. American National Red Cross, 86 F.3d 919 9th Cir. Jun.
18, 1996)(holding that the American National Red Cross is not a
government entity within the meaning of the Religious Freedom
Restoration Act). 109

Hall v. Regents of University of California, 51 Cal.Rptr.2d 387
(Cal. App., 3rd Dist. Mar, 28, 1996)(awarding litigation costs to
hospital after court granted defendant's motion for summary
judgment in claim arising from false HIV-positive test result).
73

Ham v. South Carolina, 409 U.S. 524 (1973)(criminal defendants
have the right to ascertain potential prejudice in jurors in voir
dire). 154

Hamilton v. Chater, 942 F.Supp. 1354 (D.Ore. Oct. 8,
1996)(reversing a determination by the Social Security
Administration and awarding disabilities to HIV+ applicant). 164

Hanselman v. Shepardson, 1996 WL 99377 (S.D.N.Y. Mar. 7,
1996)(Not reported in F.Supp.)(ruling that issue of fact exists
whether constructive trust should be imposed on properties
acquired during 15-year gay relationship). 48

Harris v. Forklift System, Inc., 510 U.S. 17 1994)(hostile
environment sexual harassment claim need not allege actual
psychological injury). 148

Harris v. Thigpen, 941 F.2d 1495 (11th Cir. 1991)(HIV+ inmates
denied access to prison facilities are "handicapped individuals"
within the meaning of the Rehabilitation Act of 1973). 159

Hawaii v. Knight, 80 Haw. 318, 909 P.2d 1133 (Haw.
1996)(affirming Marine's murder conviction for killing gay man).
18

Haybeck v. Prodigy, 944 F.Supp. 326 (S.D.N.Y. Nov. 13,
1996)(online computer network not liable for employee who
allegedly transmitted HIV to network subscriber after meeting
online). 180

Heiner v. Moretuzzo, 652 N.E.2d 664 (Ohio 1995)(no tort liability
for severe emotional distress suffered by patient erroneously
told she was HIV+). 11

Heller v. Doe, 509 U.S. 312 (1993)(involuntary commitment of
mentally ill violates neither equal protection nor due process).
78

Henriette D. v. Guiliani, 1996 WL 633382 (E.D.N.Y. Oct. 25,
1996)(Not reported in F.Supp.)(certifying class but denying
preliminary injunction in action challenging restructuring of
NYC's Department of AIDS Services). 180

Henson v. University of Pittsburgh, Pittsburgh Post-Gazette, Jan.
11, 1996 (complaint filed with Pittsburgh Human Rights Commission
alleging housing discrimination on the basis of sexual
orientation). 24

Herman v. Vacco, N.Y.L.J., 638 N.Y.S.2d 554 (N.Y.Sup.Ct.
1995)(many attorney positions in NYS Law Dept. may not be exempt
from civil service protection). 36

Hertzler v. Hertzler, 908 P.2d 946 (Wyo. 1995)(affirming trial
court's narrow restriction of lesbian mother's visitation rights
despite its obvious bias). 3

Hetzel v. Swartz, 909 F.Supp. 261 (M.D.Pa. 1995)(refusing to
dismiss pro se action brought by AIDS infected inmate alleging
failure to provide psychological assistance and unauthorized
disclosure of medical information). 55

Hetzel v. Swartz, 917 F.Supp. 344 (M.D.Pa. Mar. 4,
1996)(appointing counsel in a pro se action brought by AIDS
infected inmate against prison counseling service). 55

Hill v. Community of Damien of Molokai, 911 P.2d 861 (N.M.
1996)(group home for four PWA's meets test of "family" under
zoning law). 38

HMA v. McKean, 1996 S.C.C.R. 402 (Scotland 1996)(holding that the
common law justification for violence against a wife having an
adulterous affair applies to a homosexual relationship). 104

Hodgson v. Univ. of Texas Medical Branch at Galveston, 1996 WL
499465 (Tex. Ct. App. Sep. 5, 1996)(Not Reported in
S.W.2d)(upholding claim of sovereign immunity on behalf of
defendant hospital which withheld plaintiff's HIV+ test results
until her 34th week of pregnancy). 143

Hollis v. Hollis, 427 S.E.2d 233 (Va. App. 1993)(finding that
wife must have knowledge of husband's homosexuality to condone
it). 171

Holmes v. California National Guard, 920 F.Supp. 1510 (N.D.Cal.
March 29, 1996)(reinstating gay officer discharged under "Don't
Ask, Don't Tell" and holding that the policy has no rational
basis under the United States Constitution). 60.

Hopkins v. Baltimore Gas & Electric Co., 77 F.3d 745 (4th Cir.
1996) cert. denied, 117 S.Ct. 70 (same-sex harassment not
actionable under Title VII where actors are heterosexuals of same
sex). 47,138,148

Hrynda v. U.S., 933 F.Supp 1047 (M.D.Fla. Jul. 5, 1996)(upholding
discharge of a lesbian Naval reservist for violation of
military's "don't ask, don't tell" policy). 118

Huddleston v. Lumbermens Mutual Casualty Co., No 95-CV 2483
(D.Kan. Sep 25, 1996)(same-sex sexual harassment not actionable
because allegations were insufficient). 149

Hurley v. Irish-American Gay, Lesbian & Bisexual Group of Boston,
115 S.Ct. 2338 (1995), reversing 636 N.E.2d 1293 (Mass.
1994)(parade organizers had 1st Amendment right to exclude gay
group with whose views they disagreed). 50

I

I.R.S. Private Letter Ruling 9603011, 1996 WL 18211 (Jan, 19,
1996)(defining tax treatment of domestic partnership benefit plan
by private employer). 18

ILGO v. Guiliani, 918 F.Supp. 732 (S.D.N.Y. Mar. 14,
1996)(upholding denial of gay organization's request for parade
permit in order to hold its own St. Patrick's Day Parade). 50

In re Petition of D.L.G. and M.A.H., 22 Fam. L. Rep. (BNA) 1488
(Jun. 27, 1996)(approving lesbian couple's adoptions of each
other's children). 156

J

Jackson v. Smith, 679 So.2d 1123 (Ala. Civ. App. Mar. 8,
1996)(voiding devise of gay decedent to unrelated cohabitant on
the grounds of undue influence). 55

J.A.L. v. E.P.H., 602 A.2d 1314 (Pa. Sep. 19, 1996)(a lesbian co-
parent has standing to seek partial custody and visitation
rights). 133

J.G., N.S., and J.T., Interest of, 674 A.2d 625 (N.J. Super. Ct.
Ch. Div., Apr. 22, 1996)(affirming constitutionality of mandatory
HIV testing for individuals charged with or convicted of sexual
assaults). 69

J.O. v. Alton Community School District 11, 909 F.2d 267 (7th
Cir. 1990)(school administrators do not have special duty to
protect students). 113

Jacob, Matter of; Dana, Matter of, 86 N.Y.2d 651, 64 USLW 2294
(N.Y. 1995)(N.Y. Domestic Relations Law permits adoption by
unmarried domestic partners regardless of gender or sexual
orientation). 7,8,66,123

Jerrell v. New York, 1996 WL 19173 (E.D.N.Y. Jan. 12, 1996)(Not
reported in F.Supp.)(rejecting early release bid under new
criteria by HIV+ prisoner). 26

John, In re,  538 N.W.2d 761 (Neb. App. 1995)(woman with AIDS can
continue as custodian of foster child). 27

Johnson v. Arb Campbell, 92 F.3d 951 (9th Cir. 1996)(refusing to
extend Batson to sexual orientation). 114

Johnson v. Community Nursing Services, 932 F.Supp. 269 (D.Utah
May 28, 1996)(holding that a homosexual male sexually harassed by
his homosexual supervisor has a cause of action). 101

Johnson v. Hondo, Inc., 940 F.Supp. 1403 (E.D.Wis. Sep. 9,
1996)(dismissing same-sex harassment claim after finding that
plaintiff failed to allege facts sufficient to make case but
recognizing such an action is possible). 138,173

K

Kalke v. City of New York, N.Y.L.J., Apr. 2, 1996 at 26
(N.Y.Sup.Ct., N.Y. Co.)(condom demonstration in New York City
park is protected speech under the 1st Amendment). 22

Kaplan v. Dacomed Corp., 1996 WL 89148 (N.D.Ill. Feb. 27,
1996)(Not reported in F.Supp.)(same-sex harassment actionable
under Title VII). 48,62

Karpowicz v. Blue Cross and Blue Shield of Massachusetts, Inc.,
1996 WL 528372 (D.Mass. Aug. 19, 1996)(Not Reported in
F.Supp.)(granting motion by heterosexual plaintiff's against gay
supervisor to move  discriminatory discharge action to state
court). 139

Kennedy v. Applause, Inc., 90 F.3d 1477 (9th Cir. Jul. 31,
1996)(sustaining a grant of summary judgment against a
plaintiff's ADA claim because she had previously indicated that
she was permanently disabled). 128

Kerins v. Hartley, 27 Cal.Ap.4th 1062 (Ca. Ct. App. 1994)(check
holding). 9

Kevorkian v. Arnett, 939 F.Supp. 685 (C.D.Cal. Sep. 11,
1996)(upholding PWA's due process challenge of California's
prohibition against doctor assisted suicide). 142

Kimberly Ann Marley, In re:, 1996 WL 280890 (Del. Super. Ct. May
16, 1996)(Not reported in A.2d)(reversing a lower court's opinion
allowing a lesbian woman to legally change her name to that of
her partner). 100

King v. Cutter Lab., 1996 WL 354665 (Fla. Dist. Ct. App., 2nd
Dist. Jul. 16, 1996)(Slip copy)(refusing to apply the market-
share alternate theory of liability against a manufacturer of a
blood product which was HIV-infected). 109

Kinman v. Omaha Public School District, 94 F.3d 463 (8th Cir.
Aug. 26, 1996)(same-sex harassment in school is actionable under
Title IX). 148

Kinney v. O'Connor, 907 P.2d 257 (Or. Ct. App. 1995)(refusing to
invalidate county anti-gay initiative election) modified, 139
Or.App. 75, 910 P.2d 1161 (Or. Ct. App. 1996)(county's counting
of ballots cast on proposed initiative did not violate statute).
7,33

Kipp v. United States, 88 F.3d 681 (8th Cir. Jul. 12, 1996)(U.S.
not liable for HIV-infected transfusion given at military
hospital). 105

Kotev v. First Colony Life Insurance Company, 927 F.Supp. 1316
(C.D.Cal. May 30, 1996)(upholding claim of an insurance applicant
who was denied a life insurance policy because his wife tested
HIV+). 108

Krakowiak v. Paul Revere Life Insurance Co., 1996 WL 303661
(Tenn. Ct. App. Jun. 7, 1996)(Not reported in S.W.2d)(affirming
summary judgment granted to insurance company who denied benefits
to HIV+ individual who lied on an application for disability
insurance). 106

Krauel v. Iowa Methodist Ctr., 95 F.3d 674 (8th Cir. Sep. 11,
1996)(employer did not violate the ADA by failing to insure
fertility treatments because reproductivity is not a "major life
activity" within the meaning of the ADA). 165

L

Lane v. Pena, 116 S.Ct. 2092 (U.S. Sup. Ct. June 21,
1996)(holding that the U.S. had not waived sovereign immunity
with respect to monetary claims brought under section 504 of the
Rehabilitation Act of 1973 by diabetic forced to leave the U.S.
Merchant Marine Academy). 105

Lauretano v. Stewart, L&T 93986/95 (N.Y.C. Civ. Ct., Queens Mar.
21, 1996)(holding, as pretextual, landlord's attempt to evict
lesbian tenant with 15 years of occupancy from apartment). 81 

Leckelt v. Board of Comm'rs., 909 F.2d 820 (5th Cir. 1990)(HIV+
status is an impairment within the meaning of section 504 of the
Rehabilitation Act of 1973). 161

Lemon v. Stewart, 682 A.2d 1177 (Md. Ct. Spec. App. Sep. 26,
1996)(health care provider does not have the duty to inform
patient's extended family of his HIV/AIDS status). 161

Lloyd v. Grella, 83 N.Y.2d 537  (N.Y. 1994)(upholding local
school board's resolution denying access to military recruiters).
44

Lombardo v. N.Y.U. Medical Ctr., 648 N.Y.S.2d 658 (N.Y. App.
Div., 2nd Dept. Oct. 15, 1996)(undertaker who suffered
neddlestick injury could maintain claim for damages for only six
months after  injury unless plaintiff presented evidence that he
tested positive for HIV). 162

Long v. Nix, 86 F.3d 761 (8th Cir. Jun 7, 1996)(prison officials
did not violate prisoner's 8th Amendment rights by refusing
inmate's requests for treatments for gender-identity disorder).
98

Lopez v. N.Y.C. Health & Hosp. Corp., 647 N.Y.S.2d 267 (woman had
no claim for NIED resulting from hospital's failure to diagnose
and treat husband for AIDS). 144

Loving v. Virginia, 388 U.S. 1 (1967)(state law banning
interracial marriages violates the Equal Protection Clause of the
United States Constitution). 167

Lowder v. Economic Opportunity Family Health Ctr., 680 So.2d 1133
(Fla. Dist. Ct. App., 3rd Dist. Oct. 16, 1996)(failure to call
witness could not serve as basis for mistrial in AIDS malpractice
case). 164
Lumpkin v. Jordan, 57 Cal.Rptr.2d 303, 71 Fair Empl. Prac. Cases
(BNA) 1786 (homophobic minister is collaterally estopped from
state claim over dismissal from S.F. Human Rights Commission).
152

M

Macy's California, Inc. v. Superior Court, 48 Cal.Rptr.2d 496
(Cal. Ct. App. 1995)(needlestick injury alone is insufficient to
provide basis for emotional distress claim). 9

M. v. M.:U. v. U., 1996 WL 434302 (Conn. Super. Ct. Jul.
1996)(Not reported in A.2d)(awarding a male-to-female transsexual
primary custody of her two children). 118

Madden v. Foley, 922 P.2d 1364 (Wash. Ct. App. Sep. 3,
1996)(imposing Rule 11 sanctions against lawyer who represented
spurned lesbian partner). 152

Madrid v. Lincoln County Medical Center, 929 P.2d 1154 (N.Mex.
Aug. 21, 1996)(ruling that plaintiff could sue for NIED based on
fear of developing AIDS after being splashed with blood without
alleging that the blood contained HIV). 143

Madrid v. Lincoln County Medical Center, 909 P.2d 14 (N.M. App.
1995), cert. granted (N.M. Dec. 12, 1995)(allowing NIED claim for
possible exposure to HIV). 40

Manual Enterprises, Inc. v. Day, 370 U.S. 478 (1962)(non-obscene
gay-related matter can not be excluded from the United States
mails). 77

Maradiaga v. INS, 95 F.3d 1158 (9th Cir. Aug. 20,
1996)(overturning and remanding Board of Immigration Appeals'
determination that HIV+ immigrant was not eligible for political
asylum). 142

Maradie v. Maradie, 680 So.2d 538 (Fla. Dist. Ct. App. 1st Dist.,
Jul. 16, 1996)(remanding decision in child custody case where
judge took "judicial notice" that lesbian relationship can
adversely affect a child). 96

Marcella v. Brandywine Hosp., 47 F.3d 618 (3rd Cir.
1995)(American Red Cross does not have governmental immunity
shielding it from a jury trial in HIV transmission case). 177

Marchica v. L.I.Railroad Co., 31 F.3d 1197 (2nd Cir. 1994), cert.
denied, 115 S.Ct. 727 (1995)(upholding AIDS-phobia claim where no
actual exposure was established). 9,11

Marciano v. Kash N'Karry Foodstores, Inc., 1996 WL 420879
(M.D.Fla. Jul. 1, 1996)(Not reported in F.Supp.)(refusing to
dismiss a Title VII same-sex harassment case where plaintiff
alleged a different sexual orientation than harassing
supervisor). 116

Mario Doe v. Riverside-Brookfield High School (Ill. lawsuit
alleging civil rights violations  based on harassment and
mistreatment of gay students). 36

Martin v. Norfolk Souther Railway Co., 926 F.Supp. 1044 (N.D.AlA.
May 22, 1996)(dismissing same-sex harassment claim because there
was no evidence that male harassers were homosexual). 101,149

Mason Tenders District Council Welfare Fund v. Donaghey, No. 93-
1154 (S.D.N.Y. 1996)(private action by PWA's for denial of
benefits). 12

Mathie v. Fries, 935 F.Supp. 1284 (E.D.N.Y. Aug. 5,
1996)(awarding $750,000 to prisoner who was sexually assaulted by
prison official). 117

Matter of the Application of 119-121 East 97th Street Corp. v.
New York City Commission on Human Rights and Edward L. Baca, 642
N.Y.S.2d 638 (N.Y. App. Div., 1st Dept. May 14, 1996)(rejecting a
challenge to a $100,000 award to HIV+ individual for mental
anguish suffered after harassment inflicted by landlord but
reducing civil fine from $75,000 to $25,000). 80

Mayo v. Kiwest Corp., 94 F.3d 641 (4th Cir. Aug. 15, 1996)(male
employee who did not allege that he and his supervisor were of
different sexual orientations could not maintain a Title VII
sexual harassment action). 116

McCain v. Koch, 70 NY2d 109 (N.Y. 1990)(in the absence of
governmental guidelines, the New York State Supreme Court has the
equitable powers to formulate a judgment providing for minimally
habitable housing for people with HIV-related illness). 110

McDonnell v. Cisneros, 84 F.3d 256 (7th Cir. May 20,
1996)(implying, in dicta, that same-sex sexual harassment is
actionable under Title VII). 80

McKay v. Johnson, 1996 WL 12658 (Minn. Ct. App. Jan 16, 1996)(Not
reported in N.W.2d)(restoring visitation rights to lesbian
mother). 17

McKinzie v. Chater, 1996 WL 684169 (S.D.N.Y. Nov. 25, 1996)(Not
reported in F.Supp.)(holding that an HIV infected applicant for
SSDI is eligible for an individualized determination whether
condition qualifies him as "disabled" within meaning of act). 177

McNemar v. Disney Store, Inc., 11 A.D.D. 240 (E.D.Pa. 1995), 91
F.3d 610 (3rd Cir. Jul. 31, 1996)(plaintiff who has affirmed that
he is permanently and totally disabled is then precluded from
claiming that, within the meaning of the ADA, his employer
discriminated against him because of his disability). 12,127

McWilliams v. Fairfax County Bd. of Supervisors, 72 F.3d 1191
(4th Cir. 1996)(same-sex harassment not actionable under Title
VII if all actors are heterosexuals of same-sex).
20,47,101,116,138,150

Meinhold v. United States Dept. of Defense, 34 F.3d 1469 (9th
Cir. 1994)(statements about sexuality insufficient basis to
discharge gay service member). 47,60,118,150

Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986)(hostile
environment sexual harassment is actionable under Title VII as
sex discrimination). 34,62,148

Michelle G. v. Diana V., N.Y.L.J., Sep. 14, 1996 at 28, col. 3
(Queens Co. Fam. Ct. 1996)(upholding non-relative lesbian's
visitation rights despite challenge from child's maternal aunt).
136

Miller v. Brungardt, 916 F.Supp. 1096 (D.C.Kan. Feb 9,
1996)(identifying lesbian-baiting as a form of sexual harassment
and thereby actionable under Title VII). 49

Miller v. California, 413 U.S. 15 (1973)(standard of obscenity
established by the Supreme Court). 93

Miller v. DeMuth, No. 95-895, decision below: 665 A.2d 469 (Pa.
1995)(seeking writ of certiorari to challenge lower court
decision holding gay accountant liable for $100,000 penalty
because his sexual orientation violated contract). 4

Miller v. Vesta, Inc., 946 F.Supp 697 (E.D.Wis. Nov. 22,
1996)(holding same-sex sexual harassment actionable under Title
VII but homosexual character of harassment does not automatically
justify a finding of hostile environment). 173

Minnesota Family Council v. Hennepin County, St. Paul Pioneer
Press, March 7, 1996 (D.Minn. 1996)(suit brought by anti-gay
group alleges that rule prohibiting prison volunteers from
stating that homosexuality is a sin violates the first
amendment). 52 

Mixon v. Grinker, 646 N.Y.2d 661 (N.Y. Jun. 11, 1996)(homeless
persons with HIV-related illness are not entitled to "plenary
judicial review" of NYC's special medical needs housing program).
109

Mohammed v. Marriott International, Inc., 944 F.Supp. 277
(S.D.N.Y. Oct 31, 1996)(plaintiff can proceed with ADA claim
despite having stated that he was unable to work in an SSDI
application). 182

Morel v. Guiliani, 927 F.Supp. 622 (S.D.N.Y. 1995)(certifying
class challenging city and state's failure to provide welfare and
food stamp benefits). 181

Moreno v. Consolidated Rail Corp, 99 F.3d 782 (6th Cir. Nov. 4,
1996)(ruling that punitive damages are not available under the
Rehabilitation Act of 1973). 183

Morris v. Hill, (Alachua County, Fla. Nov. 22, 1996), Palm Beach
Post, Nov. 24,1996 (applying Romer v. Evans and ruling
unconstitutional anti-gay ballot measure). 172

Morrison v. State, 673 So.2d 953 (Fla. Dist. Ct. App., 4th Dist.
May 22, 1996)(upholding trial court's sentence, which was an
upward departure from the sentencing guidelines, of an HIV+
defendant who bit victim during course of a robbery). 88

Mullen v. N.Y. Hospital, (N.Y. Sup. Ct., N.Y.Co.) N.Y.L.J., Dec.
19, 1995 (refusing to dismiss claim of emotional distress against
hospital for false positive HIV test result). 11

Murphy v. Abbot Laboratories, 64 USLW 2708 (E.D.Pa. Apr. 9,
1996)(refusing to dismiss NIED claim arising from a needlestick
accident). 71

Murphy v. United Parcel Service, BNA DLR No. 222, p. A-5 (D.Kan.
Nov. 18, 1996)(a medical condition which can be controlled with
medication is not a "disability" within the meaning of the ADA).
176

Myers v. Moschella, *1996 WL 348194 (Ohio Ct. App. Jun. 26,
1996)(reaffirming that gay sperm donor was not required to pay
medical expenses and child support to lesbian mother). 97

N

Nabozny v. Podlesny, 92 F.3d 446, 65 USLW 2116, (7th Cir. Jul.
31, 1996)(reversing summary judgment against gay high school
student who sued school system for failing to enforce its sexual
harassment policy). 113,147,157,167

National Treasury Employee's Union v. Von Raab, 489 U.S. 602
(1989)(Customs service can mandate drug testing as a precondition
of employment). 129

O

O'Malley v. AIDS Institute, 1996 WL 447748 (S.D.N.Y. Aug. 7,
1996)(Not reported in F.Supp.)(refusing to dismiss an employment
discrimination claim brought by heterosexual male against AIDS
organization). 116

Oncale v. Sundowner Offshore Services, Inc., 83 F.3d 118(5th Cir.
May 20, 1996)(same-sex sexual harassment is not a violation
within the meaning of Title VII). 80

Ortland v. County of Tehama, 939 F.Supp. 1465 (E.D.Cal. Aug. 12,
1996)(allowing an individual alleging anti-gay discrimination to
proceed with suit against county). 117

Owens v. Hanks, 89 F.3d 838 (7th Cir. Jun. 25, 1996)(denying a
writ of habeas corpus to gay African-American inmate claiming
juror's anti-homosexual and anti-Black bias). 94

P

P. v. S. and Cornwall County Council, Case C-13/94 (E.C.J. Apr.
30, 1996)(dismissal of transsexual precluded under European
Community Equal Treatment Directive (76/207/EEC, 9 Feb. 1976)).
82

Padula v. Webster, 822 F.2d 97 (D.C.Cir., June 26,
1987)(upholding the FBI's policy of banning homosexuals). 78

Pallone v. WEEI (Mass. Dist. Ct. 1996), Boston Globe, September
22, 1996, (former major league baseball umpire sues radio station
for defamation after it reported that plaintiff publically
exposed himself). 139 

Palmore v. Sidoti, 466 U.S. 429 (1984)(law cannot give effect to
private biases). 4,15

Parker v. Metropolitan Life Ins. Co., 939 F.Supp. 1465 (6th Cir.
Oct. 25, 1996)(discrimination in insurance coverage may violate
Title III of the ADA). 165

People v. Adams, 597 N.E.2d 574 (Ill. 1992)(HIV testing of sexual
assault defendants is a special need). 10

People v. Arbeiter, N.Y.L.J., Jun. 24, 1996, P.29 (N.Y. App.
Term., N.Y. Co.)(refusing to dismiss disorderly conduct charges
against demonstrators protesting the exclusion of Irish Gay and
Lesbian Organization from the St. Patrick's Day Parade). 98

People v. Goble, (Dekalb County, Ga. Nov. 27, 1996), Atlanta
Journal-Constitution, Nov. 28, 1996 (ruling that Georgia's rape
shield law prevents prosecution from introducing evidence that
rape victim was lesbian but allowing testimony that prior to rape
victim was on a date with her girlfriend). 172

People v. John Doe, N.Y.L.J., Apr. 5, 1996 (N.Y. Sup. Ct.)(Not
reported in N.Y.S.2d)(legislature did not intend HIV testing to
be restricted only to felonies where intercourse is the essential
element). 73

People v. Johnson, Arizona Republic, Mar. 16, 1996 (Ariz. Crim.
Ct., Pima Co. 1996)(jury refused to accept claim by murder
defendant that he had to murder University of Arizona professor
to fend off homosexual advances). 52

People v. Monts, Washington Blade, Oct. 18, 1996 (D.C. Crim. Ct.
1996)(jury acquitting plaintiff of hate crimes charges despite
convicting him of assault with a dangerous weapon). 155

People v. Moore, 637 N.Y.S. 652 (N.Y.Crim.Ct. 1996)(refusing to
drop criminal charges against PWA selling marijuana for medicinal
purposes). 28

People v. McDevitt, Houston Cronicle, Mar. 9, 1996 (Tex. Dist.
Ct., Tyler 1966)(conditioning probation for PWA on his refraining
from sexual activity unless partner signs form acknowledging that
he has been advised of McDevitt's HIV status). 56 

People v. Movsovitz, Topeka Capital-Journal, Jul. 24, 1996
(upholding conviction under city sodomy law). 120


People v. Murphy, 919 P.2d 191 (Colo. Jun. 10, 1996)(state's Rape
Shield Statute extends to evidence of victim's sexual
orientation). 95

People v. Murray, 634 N.Y.S.2d 985 (N.Y.Sup. Ct., Kings Co.
1995)(denying defendant's motion to dismiss charge of leaving
scene of accident and driving while under influence of drugs on
grounds that he had AIDS). 12

People v. Nitz, *1996 WL 663760 (Ill. Ap. Ct. Nov. 15,
1996)(rejecting constitutional challenge to hate crime statute
containing classification of sexual orientation). 175

People v. Onofre, 51 N.Y.2d 476 (N.Y. 1980)(striking down New
York's sodomy law). 100

People v. Ruple, (Summit Cty., Ohio Ct. of Common Pleas), Akron
Beacon Journal, Jan. 24, 1996 (guilty plea to voluntary
manslaughter in gay domestic violence case). 24

People v. Smith, 155 Cal.App.3d 1103 (1984)(specifying "intent to
punish" as a requirement in tax fraud case). 45

People v. Tenace, 649 N.Y.S.2d 218 (N.Y. App. Div., 3rd Dep. Oct.
31, 1996)(barring evidence of gay victim's prior sexual conduct
in murder trial). 170

People v. Yates, N.Y.L.J., Mar. 4, 1996, p.26, col.2
(N.Y.Co.)(Not reported in N.Y.S.2d)(extending recognition of rape
trauma syndrome to male survivors of sexual assault). 22

People v. Zymurgy, Inc., 649 N.Y.S.2d 662 (N.Y. App. Div., 1st
Dept. 1996)(reviving state attorney general's petition concerning
organization which raises tax-deductible donations for projects
undertaken by North American Man Boy Love Association (NAMBLA)).
174

Peric v. Board of Trustees of the University of Illinois, 1996 WL
515175 (Not Reported in F.Supp.)(N.D.Ill. Sep 6, 1996)(rejecting
the reasoning of Goluszek, 697 F.Supp. 1452 (1988) and refusing
to dismiss same-sex harassment action involving a homosexual
supervisor). 138

Perkins v. State, 540 N.W.2d 908 (Minn. Ct. App. 1995)(affirming
trial court's substantial upward departure from sentencing
guidelines in sexual assault by PWA). 11

Philips v. Perry, 883 F.Supp. 539 (W.D.Wash. 1995)(on appeal to
9th Cir. whether discharge of gay officers who reveal they have
had sex violates equal protection). 32,47

Phillips v. Michigan Dep't of Corrections, 731 F.Supp. 792
(W.D.Mich.) aff'd without opn, 932 F.2d 969 (6th Cir.
1991)(ordering prison to provide hormone therapy to transsexual
prisoner). 137

Phillips v. Rosa, 635 N.Y.S.2d 92 (N.Y. App. Div. 2nd Dept.
1995)(employer had not unlawfully discriminated against PWA
because he was not physically able to perform any available
jobs). 12

Pickering v. Bd. of Ed., 391 U.S. 563 (1968)(teachers can speak
out on public funding of schools without fear of retaliatory
dismissal). 1

Picray v. Secretary of State, 916 P.2d 324 (Or. Ct. App. May 1,
1996)(holding unconstitutional statute banning political buttons
from polling places under state constitution's free election
clause). 81

Pitcherskaia v. United States, Wash. Blade, Jan. 12, 1996 (filing
appeal in federal court from U.S. Bd. of Immigration Appeals
decision denying asylum to Russian lesbian). 22

Plessy v. Ferguson, 163 U.S. 537 (1896)("Separate but equal"
doctrine does not violate the 13th or 14th Amendments). 77

Polsdorfer v. Gearan, 1996 WL 451051 (D.D.C. Aug. 1, 1996)(Not
reported in F.Supp.)(dismissing constitutional claims brought by
doctor dismissed by the Peace Corps but refusing to dismiss
plaintiff's claims under the Administrative Procedure Act). 130

Potter v. Firestone Tire & Rubber Co., 6 Cal.4th 965 (Cal.
1993)(check holding in this case). 9

Pratts v. Chater, 94 F.3d 34 (2nd Cir. May 14, 1996)(reversing 
ruling that an HIV+ individual was not disabled within the
meaning of the Social Security Act). 126

Presbytery of New Jersey of the Orthodox Presbyterian Church v.
Whitman, 99 F.3d 101 (3rd Cir. Oct. 25, 1996)(rejecting argument
that a New Jersey statute banning sexual orientation
discrimination violates constitutional rights of Christian
Fundamentalist group). 151

Protective Life Insurance Co. v. Sullivan, 89 F.3d 1 (1st Cir.
Jul. 15, 1996)(certifying questions to the Massachusetts Supreme
Judicial Court in case where the District Court voided life
insurance policy on the grounds of AIDS-related fraud). 105

Public Employees Federation v. State of New York, PERB Case No.
U-16702 (Jan. 26, 1996)(stipulation restoring New York Law
Department policy on sexual orientation). 19

Pulliam v. Smith, 476 S.E.2d 466 (N.C. Ct. App. Oct. 15,
1996)(reversing lower court and awarding gay father custody of
his two children). 151

Q

Quill v. Vacco, 80 F.3d 716 (2nd Cir. Apr. 2, 1996), cert.
granted, 117 S.Ct. 36 (Oct. 1, 1996)(laws proscribing physician-
assisted suicide impermissibly burden the Equal Protection Clause
of the 14th Amendment). 70,158

Quick v. Donaldson Co., Inc., 70 F.3d 1372 (8th Jul. 29,
1996)(male employee "bagged" by male supervisor could maintain
Title VII sex discrimination action). 116,138,148

R

R. v. Ministry of Defence ex parte Smith, All E.R. 257 (Ct. App.
1996)(see 1995 LGLN 162)(challenging the prohibition against gay
members in the U.K. armed forces). 83

R. v. Currier, (B.C., Canada Ct. App. 1996)(upholding dismissal
of criminal charges against a HIV+ man who engaged in unprotected
sex with two women without informing either of his HIV-status).
182

R.E.W., In re, 471 S.E.2d 6 (1996)(awarding gay father
unsupervised visitation rights). 45

R.E.W., In re, 472 S.E.2d 295 (Ga. Jul. 12, 1996)(allowing a gay
father unsupervised visitation with his child). 117

Raintree Health Care Center v. Illinois Human Rights Commission,
672 N.E.2d 1136 (Ill. Oct. 18, 1996)(nursing home violated
Illinois Human Rights Act by constructively discharging an HIV+
employee). 160

Rasmussen v. South Florida Blood Services, Inc., 500 So.2d 533
(Fla. 1987)(denying negligence plaintiff's request to obtain HIV
status of donor). 10

Ray v. American National Red Cross, 685 A.2d 411 (D.C. Nov. 21,
1996)(reversing verdict favoring defendant and ordering new trial
in HIV transfusion case because judge improperly instructed
jury). 179

Rees v. State of Texas, 909 S.W.2d 264 (Tex. Ct. App.
1995)(rejecting appeal of conviction for obscenity arising from
the showing of an explicit safe-sex video on a cable television
program). 157

Reese v. AIDS Inst., NYS Dept. of Health, 1996 WL 560750 (2nd
Cir. Oct. 3, 1996)(Slip copy)(HIV+ employee claiming illegal
discharge under the ADA failed to establish prima facie case).
160

Regan v. Taxation With Representation, 461 U.S. 540
(1983)(holding that the government does not violate 1st Amendment
by prohibiting lobbying by groups receiving tax-exempt status).
169

Reichenberg v. Perry, 909 F.Supp. 1303 (D. Neb. 1995)(deferring
to Board of Inquiry recommendation for discharge despite gay
officer's sworn statement that he had not and would not engage in
prohibited conduct), app. denied, 73 F.3d 172 (8th Cir.
1995)(denying injunction pending appeal of discharge). 4,32

Reno v. Doe, 116 S.Ct. 2543 (U.S. Sup. Ct. June 24,
1996)(granting certiorari and vacating decision awarding damages
to HIV-infected doctor who was fired by the FBI). 105

Republican Party of Texas v. Dietz, 924 S.W.2d 932 (Tex. Jun. 19,
1996)(Slip copy)(lifting a TRO which had mandated convention
exhibition booth for a group supportive of gay and lesbian
rights). 99

Rescue Mission Alliance v. Mercado, 637 N.Y.S.2d 580 (N.Y.A.D. 4
Dept. 1996)(no violation of NYS Human Rights Law when Mission
staff member challenged plaintiff's assertion that she had no
health problems). 40

Retterer v. Whirlpool Corp., *1996 WL 429009 (3rd Cir. Jul. 5,
1996)(male employee failed to state a claim for sexual harassment
based on a hostile environment theory). 116

Rice v. United States, 917 F.Supp. 17 (D.D.C. Feb. 14,
1996)(ruling that adverse inference must be drawn by Government's
destruction of plaintiff's blood sample). 55

Richardson v. Boy Scouts of America, Chicago Tribune, Feb. 22,
1996 (Chicago Commission on Human Relations)(imposing $100 fine
and $500 damages against BSA for anti-gay hiring policy). 37

Richenberg v. Perry, 73 F.3d 172 (8th Cit. 1995)(Air Force
Captain's statement denying previous homosexual conduct and
swearing not to engage in future conduct insufficient to rebut
"Don't Ask, Don't Tell" presumption). 46

Richenberg v. Perry, 97 F.3d 256 (8th Cir. Oct. 3, 1996)(holding
constitutional the military's "don't ask, don't tell" policy
adopted in 1993). 147

Riley v. Becton Dickinson Vascular Access, Inc., 913 F.Supp. 879
(E.D.Pa. 1995)(rejecting strict liability against manufacturer in
HIV transmission suit). 25

Risely v. Hawk, 918 F.Supp. 18 (D.D.C. Feb. 15, 1996)(dismissing
pro se inmate's allegations of violations of his 1st, 4th, 5th,
8th and 14th Amendment rights as well as violations of various
civil rights statutes). 51

Roe v. Sherry, 91 F.3d 1270 (9th Cir. Jul. 31, 1996)(dismissing a
Bivens action brought against Naval investigators after they
revealed plaintiff's HIV+ test results). 124

Romer v. Evans, 116 S.Ct. 1620 (1996)(holding Colorado's
Amendment 2 unconstitutional as a violation of the Equal
Protection Clause of the 14th Amendment).
77,91,93,100,113,118,136,147,172

Rood v. Canteen Corp., 1996 WL 548174 (Conn. Super. Ct. Sep. 19,
1996)(Slip copy)(holding that plaintiff could maintain action for
wrongful discharge based on sexual orientation discrimination).
156

Rosenberg v. Rector & Visitors of the University of Virginia, 115
S.Ct. 2510 (1995)(university's refusal to fund Christian student
publication is impermissible viewpoint discrimination). 16

Rowan v. Scott, 665 So.2d 760 (La.App., 1 Cir. 1995)(primary
custody with lesbian parent is not in best interest of child). 3 

Rozak v. American Red Cross Blood Services, 945 F.Supp 1185
(N.D.Ind. Oct. 8, 1996)(finding plaintiff entitled to jury trial
because defendant is not an instrumentality of the government and
is not shielded by sovereign immunity). 177 

Runnebaum v. NationsBank of Maryland, N.A., 95 F.3d 1285 (4th
Cir. Sep. 19, 1996)(overturning district court's grant of summary
judgment to employer in a employment discrimination action
brought by an HIV+ plaintiff under ADA and ERISA). 141

Rushing v. United Airlines, 919 F.Supp. 1101 (N.D.Ill. Mar. 27,
1996)(holding same-sex harassment actionable under Title VII but
granting summary judgment on other grounds). 62

Russaw v. Martin, 472 S.E.2d 508 (Ga. Ct. App. Jul. 12, 1996)(to
win NIED claim after needlestick, a plaintiff must prove that
exposure to HIV was as a result of defendant's negligence). 107

Russell v. United Parcel Service, 673 N.E.2d 659 (Ohio Ct. App.
Mar. 28, 1996)(overturning grant of summary judgment in sex
discrimination action brought by lesbian female supervisor fired
for "fraternizing" with coworker). 62
              
Rust v. Sullivan, 500 U.S. 173 (1991)(sustaining "gag rule" in
abortion counseling). 16,169

Ryan v. Ramsey, 936 F.Supp. 417 (S.D.Texas Aug. 1, 1996)(denying
motion to dismiss case brought under Fair Housing Act by a PWA
after a landlord refused to rent him an apartment). 127

S

Selland v. Perry, 905 F.Supp. 260 (D.Md. 1995)(upholding
discharge for violation of "don't ask, don't tell" policy). 5

Sable Communications v. FCC, 492 US 115 (1989)(indecent
commercial telephone messages, i.e. "dial-a-porn", are protected
speech). 93

Saladin v. Turner, 936 F.Supp. 1571 (N.D.Okla. May 23, 1996)(Not
reported in F.Supp.)(awarding damages to an individual who was
fired from his restaurant waiter job after his partner was
diagnosed with AIDS). 107

Sanchez & Lagoudakis, 522 N.W.2d 472 (affirming a summary
judgment in favor of a woman who was suspended from her
restaurant waiter job following rumors that she had AIDS). 107

Sandlin v. Conner, 115 S.Ct. 2293 (1995)(rejecting inmate's
constitutional challenge to controlled housing). 143

Sawatzky v. City of Oklahoma City, 906 P.2d 785 (Okla. Crim. App.
1995)(city anti-solicitation ordinance does not violate federal
or state constitution). 79

Schoiber v. Emro Marketing Co., 941 F.Supp. 730 (N.D.Ill Oct. 3,
1996)(same-sex harassment not actionable under Title VII). 149

Schulman v. State Division of Human Rights, 621 N.Y.S.2d 143
(N.Y. App. Div., 2d Dept. Apr. 22, 1996)(annulling New York State
Division of Human Rights discrimination award against private
dentist on grounds that practice did not constitute "public
accommodation" within the meaning of Executive Law  296). 72

Securities and Exchange Commission v. Life Partners, Inc., 87
F.3d 536 (D.C. Cir. Jul. 5, 1996)(viatical settlement contracts
are not investment contracts subject to federal laws regulating
sales of securities). 106

Selland v. Perry, 100 F.3d 950 (4th Cir. Nov. 7, 1996)(relying on
Thomasson v. Perry in upholding discharge of admittedly gay naval
officer). 170

Sellers v. State, 1996 WL 223537 (Tex. Ct. App. Apr. 29,
1996)((Not reported in S.W.2d)(evidence of defendant's HIV+
status properly admitted during punishment phase of trial for
sexual assault of a child under the age of 14). 88

Shahar v. Bowers, 70 F.3d 1218 (11th Cir. 1995)(lesbian
relationship is constitutionally-protected intimate and
expressive association). 1,19,24,47

Sharpe v. Breglio, New York Times, Feb. 18, 1996 (Northampton,
Mass.)(jury verdict finding dentist did not transmit HIV to
patient despite negligent handling of instruments). 40

Sharrow v. Bailey and Williamsport Hospital, 910 F.Supp. 187
(M.D.Pa. 1995)(denying motion to dismiss plaintiff's claim of
HIV-related discrimination under ADA and Rehabilitation Act). 26

Shaw v. PACC Health Plan, Inc., 908 P.2d 308 (Or. 1995)(state law
claims for breach of contract and bad faith in denying coverage
to PWA not pre-empted by ERISA). 27

Shea v. Reno, 930 F.Supp. 916 (S.D.N.Y. Jul. 29)(issuing a
preliminary injunction precluding enforcement of section 223(d)
of the Communication Decency Act). 115

Shelley v. Kraemer, 334 U.S. 1 (1948)(racially restrictive
private covenants unenforceable on equal protection grounds). 4

Sherbert v. Verner, 374 U.S. 398 (1963)(state may not deny
unemployment benefits to individual who, citing religious
beliefs, refuses to work on Saturdays). 61

Sherer v. Foodmaker, Inc., 921 F.Supp. 651 (E.D.Mo. Apr. 10,
1996)(jury trial available to plaintiff in AIDS discrimination
case despite express lack of right to jury trial under Missouri
Human Rights Act). 72

Shermer v. Illinois Dep't of Transportation, 937 F.Supp. 781
(C.D.Ill. Aug. 30, 1996)(dismissing same-sex harassment case
after commenting that such a claim is possible but difficult to
prove). 138

Skinner v. Railway Labor Executives' Assoc., 489 U.S. 602
(1989)(blood and urine testing of railroad employees who violate
safety rules does not violate the 4th Amendment). 129

Smallwood v. State of Maryland, 680 A.2d 512 (Md., Aug. 1,
1996)(holding that a rapist's knowledge that he was HIV+ was not,
by itself, sufficient evidence to sustain an attempted murder
conviction). 129


Smith v. Fair Employment and Housing Commission, 913 P.2d 1143
(Cal. Apr. 9, 1996)(holding landlord in violation of state's Fair
Housing and Employment Act for refusing to rent to unmarried
couple). 61

Smith-Bey v. Petsock, 741 F.2d 22 (holding that appointments of
counsel for indigent litigants should be made upon showing that
without such assistance there would be a "substantial prejudice"
that would result). 56

Snyder v. American Assn. of Blood Banks, 676 A.2d 1036 (N.J. Jun.
4, 1996)(holding that blood transfusion recipients may hold the
blood banking industry liable for negligent HIV infection). 105

Sosa v. Jefferson County, No. C-95-229 (W.D.Ky. Mar. 1,
1996)(jury award of $1,180,000 to AIDS infected plaintiff who was
physically abused by prison staff). 56

St. David's Episcopal Church v. Westboro Baptist Church, 921 P.2d
821 (Kan. Jun. 21 1996)(refusing to vacate a TRO prohibiting
picketing of religious services involving gay church members). 97

State ex. Rel. Sprague v. City of Madison (Wis. Ct. App. Sep. 26,
1996)(holding that local commission lacked authority to award
money damages to lesbian who claimed emotional distress as a
result of housing discrimination). 152

State v. Borchardt, 478 N.W.2d 757 (Minn. 1991)(upholding trial
court's discretion to reject male rape trauma syndrome). 22

State v. Brown, 929 S.W.2d 508 (Tex. Ct. App. Sep. 5,
1996)(undercover police officer's observation of defendant
masturbating in closed bathroom stall constituted illegal
search). 137

State v. Collier, 913 P.2d 579 (Kan. Mar. 8, 1996)(affirming the
conviction of defendant for the robbery and murder of gay man).
49

State v. Ford, 926 P.2d 245 (Mont. Oct. 17, 1996)(affirming
conviction of individual but openly debating prejudicial effect
of characterization of defendant's sexual orientation during
trial or during prosecution summation witness). 153

State v. Foret, *996 WL 658871 (La. Ct. App., 5th Cir. Nov. 14,
1996)(affirming the conviction of two lesbians who murdered one
the husband on one of the lesbians). 172

State v. Foster, 915 P.2d 567 (Wash. Ct. App., Div. 1 May 6,
1996)(ruling that defendant convicted of indecent liberties was
improperly ordered to submit to HIV testing). 89

State v. Haines, 545 N.E.2d 834 (Ind. Ct. App. 1989)(bloody
assault accompanied by statements that the defendant wanted to
give the victim AIDS was sufficient to sustain a murder
conviction). 129

State v. Hamilton, 681 So.2d 1217 (La. Sep. 5, 1996)(upholding
death penalty of man convicted of killing priest who killer
claims made homosexual advances). 136

State v. Hinkhouse, 912 P2d 921 (Orr. App. Mar. 6,
1996)(affirming attempted murder conviction of HIV-positive
defendant who engaged in repeated unprotected sex). 55

State v. Kaiama, 81 Haw. 15, 911 P.2d 735 (Haw. 1996)(affirming
conviction for murder of gay man despite defendant's attempt to
invoke homosexual panic defense). 33

State v. Kobel, 927 S.W.2d 455 (Mo. Ct. App., WD Jun. 25,
1996)(upholding the assault conviction of a individual acting as
a member of an anti-gay group of individuals). 98

State v. Langley, 600 So.2d 717 (La. Ct. App. Sep. 4,
1996)(upholding admissibility of prior bad acts evidence against
gay defendant who targeted older gay men). 136

State v. Lopes, 660 A.2d 707 (R.I. 1995)(rejecting challenge to
sodomy/solicitation laws). 32

State v. Millante, 80 Wash.App. 237, 908 P.2d 374 (Wash. Ct. App.
1995)(testimony that defendant planned to kill his girlfriend
because she was having a lesbian relationship sufficient to
support murder conviction). 22

State v. Miller, 476 S.E.2d 535 (Va. Jun. 14, 1996)(upholding the
life sentence of lesbian woman convicted of murdering man). 100

State v. Morales, 826 S.W.2d 201 (1992), rev'd on other grounds,
869 S.W.2d 941 (Tex. 1994)(state constitutional privacy rights
applies to consensual sexual conduct between adults). 102

State v. Movsovitz, Topeka Capital-Journal, November 8, 1995
(challenging, on equal protection grounds, conviction of gay
artist for soliciting policeman under state sodomy laws). 7

State v. Oliver, 682 So.2d 301 (La. Ct. App., 4th Cir. Oct. 11,
1996)(reversing robbery and kidnapping conviction of bisexual man
because prosecutor failed to turn over statement that might have
impeached prosecution witness). 153

State v. Peavyhouse, 1996 WL 129840 (Tenn. Crim. App. Mar. 22,
1996)(Not Reported in S.W.2d)(upholding conviction for acts of
anti-gay violence including two murders, two attempted murders
and four assaults). 66

State v. Pounders, 913 S.W.2d 904 (Mo. Ct. App. 1996)(killer of
gay man cannot use force in defense of third person as defense to
murder charge). 22

State v. Rulon, 935 S.W.2d 723 (Mo. Ct. App. Oct. 29, 1996)(Slip
copy)(trial court judge did not abuse his discretion by cutting
off questioning jurors about their attitudes on homosexuality in
case involving the murder of gay man by his ex-lover). 154

State v. Russo, 734 P.2d 156 (Haw. 1987)(requiring objective
standard in determining extreme mental or emotional disturbance).
33

State v. Thomas, 522 N.W.2d 897 (Wis. Ct. App. May 9,
1996)(upholding 1st degree assault conviction of HIV+ man who had
sexual relations with a young girl). 107

State v. Walker, 546 N.W.2d 579 (Wis. Ct. App. 1996)(affirming
conviction of intentional homicide for murder of gay man). 21

State v. Woods, 249 Neb. 138, 542 N.W.2d 410 (Neb.
1996)(overturning manslaughter conviction of lesbian partner for
procedural errors at trial). 17

Steffan v. Perry, 41 F.3d 677 (D.C. Cir., en banc,
1994)(upholding constitutionality of military policy banning gay
servicemembers). 60,118

Stokes v. Meimaris, *1996 WL 239866 (Ohio Ct. App. May 20,
1996)(upholding damage award to woman whose ex-husband, in the
course of a child custody dispute, told police and others that
wife was a lesbian). 82

Storrs v. Holcomb, 645 N.Y.S.2d 286 (N.Y. Sup. Ct., Thomkins Co.
Jun 25, 1996)(upholding city clerk's denial of marriage license
to same-sex couple). 100

Stringfellow's of New York, LTD v. City of New York, N.Y.L.J.,
Jul. 3, 1996, p.26, (Sup.Ct, N.Y.Co., Oct. 23, 1996)(rejecting
constitutional challenge to New York City anti-smut zoning
ordinance). 154

Sullivan v. Delta Air Lines, 44 Cal.App.4th 1345 (Cal. Ct. App.
Mar. 25, 1996)(vacating jury award for emotional distress in
employment discrimination action due to litigant's death while
appeal was pending). 55

Support Ministries v. Village of Waterford, 808 F.Supp. 120
(N.D.N.Y. 1992)(village's enactment of zoning amendments to block
group home for PWA violated Fair Housing Act). 73

Swage v. The Inn Philadelphia, 1996 WL 368316 (E.D.Pa. Jun. 21,
1996)(Not reported in F.Supp)(refusing to dismiss sexual
harassment claim brought by a male employee against a male
supervisor). 101

T

Tabron v. Grace, 6 F.3rd 147 (3rd Cir. 1993)(proposing factors to
be considered when appointing counsel for indigent plaintiffs).
56

Tanner v. Oregon Health Sciences University, 1996 WL 585547 
(Or.Cir.Ct. Multnomah Co. Aug. 8, 1996)(Slip copy)(state must
extend insurance benefits to domestic partners of state employees
on the same basis as it makes benefits available to spouses of
state employees). 114,135

Tanner v. Prima Donna Resorts, Inc., 919 F.Supp. 351 (D.Nev. Jan.
23, 1996)(denying defense motion to dismiss same-sex harassment
claim). 62

Tedder v. State, 463 S.E.2d 697 (Ga. 1995)(striking jurors who
expressed animus toward gay men which were not based merely on
stereotyping). 43

Therrien v. Mount Sinai Hosp., 1996 WL 497411 (Conn. Super. Ct.
Aug. 21, 1996)(Slip copy)(employee-nurse who suffered needlestick
can sue for NIED resulting from hospital's failure to convene
committee to correct procedures). 144

Thomas v. Thomas, 1996 WL 679985 (Va. App. Nov. 26, 1996)(Slip
copy)(upholding granting of divorce on the ground that husband's
"coming out" constituted cruelty). 171

Thomasson v. Perry, 80 F.3d 915 (4th Cir. 1996) cert. denied, 117
S,Ct. 358 (upholding military's "Don't Ask, Don't Tell" policy as
a legitimate use of congressional power).
59,64,94,136,147,148,170

Thorne v. United States Dept. of Defense, 916 F.Supp. 1358
(E.D.Va. 1996)(ordering parties to demonstrate if admittedly gay
servicemember can rebut presumption of homosexual conduct without
a recantation). 45

390 West End Associates v. Wildfoerster, N.Y.L.J., May 30, 1996
(denying succession claim to gay partner of rent-stabilized
tenant on the grounds that survivor did not establish that he was
a family member of deceased tenant). 81

Tietgen v. Brown's Westminster Motors, Inc., 921 F.Supp. 1495
(E.D.Vir. Apr. 18, 1996)(harassment occurring on the basis of
gender is actionable under Title VII whether or not harasser is
same gender as complainant). 62

T.J.K. and K.A.K., In re Adoption of:, 1996 WL 316800, 22 Fam. L.
Rep. (B.N.A.) 1379 (Colo. Ct. App. Jun. 13)(denying two
cohabiting lesbian mothers the rights and duties associated with
"stepparent adoption" for the other partner's natural child). 96

Toboso-Alfonso, Matter of, (easing burden on lesbian and gay
aliens seeking asylum in U.S.). 8

Tokar v. Armontrout, 97 F.3d 1078 (8th Cir. Oct. 8,
1996)(rejecting claim that inadequate prison facilities violated
HIV+ inmates rights under the 8th Amendment and Equal Protection
Clause). 159

Tolon v. Bd. of County Commissioners of Johnson County, Kan.,
1995 WL 761452 (D.Kan. Dec. 18, 1995)(Not reported in
F.Supp.)(HIV status alone is not sufficient reason to relocate
witness' deposition). 29

Ton v. Information Resources, Inc., 70 Fair Empl.Prac.Cas. (BNA)
355, 1996 WL 5322 (N.D.Ill. Jan. 4, 1996)(Not reported in
F.Supp.)(same-sex sexual harassment actionable under Title VII).
20

Torres v. National Precision Blanking, 943 F.Supp. 952 (N.D.Ill
Oct. 8, 1996)(same-sex harassment not actionable under Title
VII). 149

Town of Slip v. Caviglia, 73 N.Y.2d 544 (1989)(upholding zoning
restricting sex-related businesses). 154

Tucker v. Tucker, 910 P.2d 1209 (Utah 1996)(restoring trial court
award of custody to heterosexual father rather than to lesbian
mother). 17

Tumeo v. University of Alaska, 1995 WL 238359, No. 4FA-93-43
Civil (Alaska Super., Jan. 11, 1995)(Not reported in
P.2d)(upholding domestic partnership claim). 24,83

12th Street Gym, Inc. v. General Star Indemnity Co., 93 F.3d 1158
(3rd Cir. Aug. 28, 1996)(remanding ADA and tort claim by PWA who
was barred from gym). 125

U

United States v. Fisher Funeral Home,(Portsmouth, Va.) NY Times,
Jan. 20, 1996(settling claims that funeral home had discriminated
against persons who died from AIDS). 29

U.S v. Borkowski, 97 F.3d 1461 (9th Cir. Sep. 19, 1996)(refusing
to grant a downward departure from federal sentencing guidelines
for HIV+ man convicted of mail fraud). 158

U.S. Dept. of Agriculture v. Moreno, 413 U.S. 528 (1973)(striking
down regulation, on equal protection grounds, limiting federal
food stamps to households of related persons). 4,78

U.S. v. Neufeld and Mickle, Columbus Dispatch, Sep. 18, 1996
(D.Ohio Sep. 17, 1996)(declaring a mistrial after prosecution
witness identified doctor and co-defendant as homosexual lovers).
145

U.S. v. Shasky, 939 F.Supp. 695 (D.Neb. Sep. 6, 1996)(departing
downward from sentencing guidelines for individual convicted of
receiving materials via computer involving sexual exploitation of
a minor). 139 

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). 149

United Fidelity Life Insurance Co. v. Emert, 57 Cal.Rptr.2d 14
(Ca. Ct. App. Sept. 26, 1996)(allowing the beneficiary to recover
death benefit from insurance policy despite insured's concealment
of HIV+ status). 162

United States v. Belt, 89 F.3d 710 WL 393005 (10th Cir. July 15,
1996)(rejecting gay individual's challenge to his prison sentence
based on his sexuality being raised during sentencing hearing).
99

United States v. Goldsmith, 1995 WL 730266 (A.F. Ct. Crim. App.
Nov. 20, 1995)(HIV+ officer guilty of aggravated sexual assault
for engaging in unprotected sex with two women). 12

United States v. Johnson, 30 M.J. 53 (C.M.A.), cert. denied, 498
U.S. 919 (1990)(upholding aggravated assault conviction of
defendant who knew he was HIV+). 12

United States v. Jones, 1996 WL 287967, 44 M.J. 103. (Ct. Mil.
App. May 29, 1996)(upholding dishonorable discharge and 1 year
confinement of HIV+ soldier who had an adulterous affair with the
wife of another soldier). 109

United States v. Morvant, 898 F.Supp. 1157 (E.D.La.
1995)(ordering dentist to treat people with HIV). 10

United States v. Palmer, 68 F.3d 52 (2nd Cir. 1995)(enhancing
sentence of Ku Klux Klan leader based on prior plea of nolo
contendere to gay-bashing charge). 6

United States v. Pollard, 78 F3d 596 (9th Cir. Feb. 23,
1996)(imposing a maximum sentence for bank robbery on an HIV-
positive defendant). 54

V

Van Dyke v. Van Dyke, 425 S.E.2d 853 (Ga. 1993)(same-sex
cohabitator not disqualified from receiving alimony). 43

Village of Waterford v. Reliance Insurance Co., 640 N.Y.S.2d 671
(N.Y. App. Div., 3d Dept. Apr. 11, 1996)(upholding insurer's
right to disclaim indemnification of village in discrimination
suit brought by organization blocked from creating group home for
PWA). 73

Vladimir P., In re, 670 N.E.2d 839 (Ill. Ap. Ct., 1st Dist. Sep.
20, 1996)(rejecting challenge to Illinois hate-crimes law). 139

W

Wagner v. Hy-Vee Food Stores, Inc., 1995 WL 716788 (D.Kans. Nov.
16, 1995)(Not reported in F.Supp.)(dismissing claim of grocery
employee discharged after revealing his relationship with former
employee accused of embezzlement). 5

Waag v. Thomas Pontiac, 1996 WL 179860 (D.Minn. Apr. 12)(Not
reported in F.Supp.)(same-sex harasser could be held liable under
Title VII). 63

Waage v. Cutter Biological Division of Miles Laboratories, 926
P.2d 1145 (Alaska Nov. 22, 1996)(reversing lower court and
remanding for resolution of factual issues in HIV-transmission
claim against blood products company). 178

Walker v. Dist. of Columbia, 602 A.2d 639 (D.C. Aug. 29,
1996)(holding that the District of Columbia can reclaim Medicaid
funds it paid for an AIDS patient's care from a tort recovery won
by the patient's estate). 143

Walker v. Merrimack School Bd., (D.N.H.)(filing suit claiming
district's anti-homosexual policy violates 1st Amendment). 36

Wans v. State, 1996 WL 671355 (Alaska Ct. App. Nov. 20, 1996)(Not
reported in P.2d)(affirming ten year prison sentence for HIV+ man
who had unprotected sex with fourteen-year-old girl). 180

Ward v. Goldman Sachs & Co., 67 Empl.Prac.Dec. P43,845, 1996 WL
3930 (S.D.N.Y. Jan. 3, 1996)(Not reported in F.Supp.)(claim of
gossip, derogatory comments and discriminatory treatment does not
meet New York's test for intentional infliction of emotional
distress). 33

Ward v. Ridley School District, 940 F.Supp. 810 (E.D.Pa. Oct. 4,
1996)(same-sex sexual harassment is not actionable under Title
VII unless the harassment occurs because of plaintiff's sex). 149

Ward v. Ward, (Escambia Cty., Fla. 1995), Miami Herald, Orlando
Sentinel, St. Petersburg Times, Feb. 1, 1996 (appealing trial
court decision that mother's cohabitation with lesbian partner
was sufficient to modify custody decree). 23

Ward v. Ward, 1996 W 491692 (Fla. Dist. Ct. App., 1st Dist. Aug.
20, 1996)(Slip copy)(revoking lesbian mother's custody of child
in favor of father who had been convicted of murdering former
wife). 134

Washington v. Meachum, 680 A.2d 262 (Conn. Aug., 1996)(rejecting
prisoners' argument that officials' monitoring telephone calls
should be prohibited because it could be construed as compelling
the disclosure of an individual's HIV status). 130

Watson v. Perry, 918 F.Supp. 1403 (W.D.Wa. 1996)(upholding "Don't
Ask, Don't Tell" discharge of officer who admitted and refused to
rebut "homosexual orientation."). 46

Wayte v. United States, 470 U.S. 598 (1985)(mere discriminatory
effect insufficient to punish for discriminatory effect). 45

Weiner v. Lenox Hill Hosp., 650 N.Y.S.2d 629 (N.Y. Nov. 19,
1996)(ordinary negligence statute of limitations applies to HIV
transfusion suit). 178

Whitaker v. Board of Review, Ohio Board of Employment Services,
1996 WL 362081 (Ohio Ct. App. Jun. 25, 1996)(Slip copy)(upholding
denial of unemployment benefits to an employee fired for making
racist, sexist and homophobic comments to other employees). 102

Wiley v. Burger King, 1996 WL 648455, 72 Fair Empl. Prac. Cas.
(BNA) 500 (E.D.Pa. Nov. 8, 1996)(same-sex sexual harassment
actionable under Title VII). 173

Wilhelm v. Sunrise Northeast, Inc., 923 F.Supp. 330 (D.Conn
1995)(federal law preempts state court claim of sexual
orientation discrimination against employer as well as union's
failure to provide adequate representation). 64

Williams v. American Cyanamid, 164 F.R.D. 615 (D.N.J. Feb. 15,
1996)(limiting discovery in claim of HIV transmission by oral
polio vaccine). 56

Williams v. Banning, 72 F.3d 553 (7th Cir. 1995)(supervisor
acting in individual capacity does not fall within Title VII's
definition of employer). 62

Williams v. District of Columbia, 916 F.Supp. 1 (D.D.C.
1996)(allegations of same-sex sexual harassment form cognizable
Title VII claim). 34

Williamson v. Waldman, 677 A.2d 1179 (N.J. Super. Ct. App. Div.
Jul. 2, 1996)(holding that actual exposure to HIV is not required
to state a claim of NIED as a result of an accidental
needlestick). 128

Wisconsin v. Mitchell, 113 S.Ct. 2194 (1993)(evidentiary use of
speech to establish elements of a crime or motive or intent is
not violation of 1st Amendment). 118

Wisconsin v. Yoder, 406 U.S. 205 (1972)(state may not compel
religious sect, contrary to their beliefs, to send children to
school past 8th grade). 61

Woodland v. Houston, 918 F.Supp. 1047 (S.D.Tex. Jan 4,
1996)(holding unconstitutional the use of polygraph examination
as a pre-employment screening device). 50

Woodward v. U.S., 871 F.2d 1068 (Fed.Cir. 1989), cert. denied,
494 U.S. 1003 (1990)(holding that homosexuality is not immutable
but rather behavioral in nature). 118

Wright v. Methodist Youth Services, 511 F.Supp. 307 (N.D.Ill.
1981)(same-sex harassment involves gender discrimination and is
thereby actionable under Title VII). 21,62

Wrightson v. Pizza Hut of America, Inc. 909 F.Supp. 367 (W.D.N.C.
1995)(Congress did not intend to prohibit same-sex sexual
harassment under Title VII). 21

Wrightson v. Pizza Hut of America, Inc., 99 F.3d 138 (4th Cir.
Oct. 31, 1996)(same-sex sexual harassment is actionable under
Title VII providing the harasser is homosexual and the harassee
is heterosexual). 150

y

Yukoweic v. International Business Machines, 643 N.Y.S.2d 747
(N.Y. App. Div., 3d Dept. Jun. 1996)(dismissing claim of sexual
harassment because comments would have been offensive to either
men or women). 101

Z

ZD v. Sec'y of Veterans Affairs, 1996 WL 26173 (Vet. App. Jan 18,
1996)(Slip copy)(veteran's service connection for HIV is
effective from date he filed 1st successful claim). 39