Lesbian/Gay Law Notes: 1998 Case Table Compiled by Leo L. Wong, NYLS 2000 A Able v. United States, 155 F.3d 628 (2d. Cir. 1998) (rejected equal protection constitutional challenge to the militaryþs þdonþt ask, donþt tellþ policy on grounds that the court has traditionally given the military opinion great deference). 149 Abood v. Detroit Board of Education, 431 U.S. 209 (1977) (First Amendment principles prohibited union and board of education from requiring any teacher to contribute to support of an ideological cause he might oppose as a condition of holding a job as a public school teacher). 125, 183 Abunaaj v. Commonwealth, 502 S.E.2d 135 (Va. Ct. App. 1998) (circuit court erred in denying a rape defendant an opportunity to rebut testimony that he was HIV+). 145 Adamczyk v. City of Buffalo, 1998 WL 89342 (W.D.N.Y. Feb. 23, 1998) (not reported in F. Supp.) (dismissed 1995 HIV disclosure lawsuit because he failed to file a Notice of Claims before he filed his state claims). 60 Adams v. State, 498 S.E.2d 268 (Ga. 1998) (state law authorizing a court to compel an HIV test of a criminal defendant under certain circumstances does not violate the federal 4th or 14th amendments). 95 Air Transport Assþn of America v. City and Council of San Francisco, 992 F. Supp. 1149 (N.D. Cal. 1998) (case challenging San Franciscoþs ordinance requiring city contractors to extend domestic partnership benefits). 56, 66 Allison D. V. Virginia M., 77 N.Y.2d 651 (1991) (lesbian co-parent was a þlegal strangerþ who had no standing to seek visitation with the child whose birth she planned for and raised prior to break-up). 133 ACLU v. Johnson, 4 F.Supp.2d 1029 (D.N.M. 1998) (preliminary injunction against state law that purports to protect children from exposure to sexually oriented material on the Internet by imposing penal sanctions on people who transmit such materials). 114 ACLU v. Reno, 117 S.Ct. 2329 (1997) (provisions of the Communications Decency Act were content-based restrictions, subject to strict scrutiny, and therefore unconstitutional). 92 Amatel v. Reno, 156 F.3d 192 (D.C. 1998) (a prisonþs ban on internal distribution of sexually explicit material to prisoners does not violate the First Amendment). 152 Amsterdam Video Inc. v. City of New York, 91 N.Y.2d 382 (1998) (zoning regulations forcing sex-related businesses to shut down or relocate despite state and federal court decisions finding them constitutionally valid). 76 Arnold v. United Parcel Service, 136 F.3d 854 (1st Cir. 1998) (person with diabetes is covered under the ADA even though his condition is medically controllable). 82 B B.L.V.B., In re, 160 Vt. 368 (Vt. 1993) (natural mother's parental rights need not be terminated if children are adopted by person to whom she is not married, lesbian partner, and adoption is in best interests of children). 2 Baehr v. Lewin, 852 P.2d 44 (Haw. 1993) (Hawaii Constitution does not give rise to fundamental right of persons of the same sex to marry, and statute restricting marital relation to male or female establishes sex-based classification which is subject to "strict scrutiny" test in equal protection challenge). 49, 173; reconsideration granted in part, 875 P.2d 225 (Haw. 1993); appeal after remand, Baehr v. Miike, 910 P.2d 112 (Haw. 1996); on remand, 1996 WL 694235 (Haw. Cir. Ct. Dec. 03, 1996) (Hawaii's prohibition against same-sex marriages violates state constitution's equal protection clause); order affþd, 950 P.2d 1234 (Haw. 1997). 1 Bailey v. The City of Austin, 972 S.W.2d 180 (Tex. App. 1998) (upholding referendum that repealed domestic partner benefits ordinance; promissory estoppel may protect beneficiaries who enlisted before the vote). 129 Baker et al. v. State of Vermont, No. S1009-97 Cnc (Chittendon Super. Ct. December 19, 1997) (dismissing law suit filed by same-sex couples requesting a marriage license). 1 Baldanza v. Delta Air Lines, Daily Journal (Cal. Ct. App. Aug. 11, 1998) (Delta can be held liable for slander and libel for secretly maintaining a list of employees suspected of being HIV+). *** Baluyut v. Superior Court of Santa Clara County, 911 P.2d 1 (Ca. 1996) (equal protection challenge to a police operation using undercover decoys to entrap gay men into sexual acts outside a targeted adult bookstore). 111 Belanger v. Norton Co., No. 95-01767B (Mass. Super. Ct. May 21, 1998) (same-sex harassment case brought under state law). 114 Bell v. Beeler, 145 F.3d 1329 (6th Cir. 1998) (in a per curiam opinion, court rejected a manþs appeal for early release based on his HIV+ status). 97 Bell v. Wells Fargo Bank, N.A., 73 Cal.Rptr.2d 354 (Cal. Ct. App. Apr. 9, 1998) (reversed summary judgment for employer on the theory that the employeeþs disability claim allegations do not estop him from making arguably contradictory claims in a subsequent discrimination suit). 80 Bennett v. Mayer, 1998 WL 386129 (E.D.Pa. July 7, 1998) (not reported in F. Supp.) (upheld pro se case against prison officials for violation of right of privacy and AIDS-related discrimination). 142 Bennett v. Yoshina, 140 F.3d 1218 (9th Cir.1998) (State of Hawaii is not required to re-run its referendum on whether to have a constitutional convention concerning a same-sex marriage question).74 Bishop v. Mt. Sinai Medical Center, 669 N.Y.S.2d 530 (N.Y. App. Div. 1998) (AIDS phobia plaintiff must allege actual exposure to HIV in order to maintain an action for emotional distress). 61 Blackburn v. Blue Mountain Women's Clinic, 951 P.2d 1 (Mont.1997) (remanded negligence claim against clinic counselor who gave misinformation about HIV to client to lower court). 10 Bogdahn v. Hamilton Space Systems International, Inc., 1998 WL 756722 (Super. Ct. Conn. Oct. 7, 1998) (denied motion for summary judgment on sexual orientation discrimination). 190 Bonneau and Bonneau, In re Marriage of, 691 N.E.2d 123 (Ill. App. 2d 1998) (husband was not required to disclose HIV status in divorce proceeding). 43 Boring v. Buncombe County Bd. of Educ., 136 F.3d 364 (4th Cir. 1998) (first amendment rights were not violated when teacher was penalized for the selection of a controversial play for performance). 34 Bowers v. Hardwick, 478 U.S. 186 (1986) (GA sodomy law does not violate the Constitutionþs privacy guarantees). 37, 68, 181 Bowles v. State, 716 So.2d 769 (Fla. 1998) (vacated death penalty sentence and held that evidence that victim was a homosexual and that defendant had evinced a dislike or hatred of homosexuals was irrelevant in sentencing proceeding ).128 Bragdon v. Abbott, 118 S.Ct. 2196 (U.S. 1998) (asymptomatic HIV infection can be covered as a disability under the ADA, but remanded for further proceedings, whether an HIV-infected dental patient would present a þdirect threatþ of injury to a dentist, as that term is defined in the ADA). 101, 177 Braschi v. Stahl Associates, 74 N.Y.2d 201 (1989) (domestic partner's claim to successorship rights is valid under New York state rent control laws). 22 Brause v. Bureau of Vital Statistics, 1998 WL 88743 (Alaska Super. Feb. 27, 1998) (not reported in P.2d.) (marital partner of the same sex is a fundamental right under Alaska State Constitution). 49, cert. denied, High Court denies Same-Sex Case, Anchorage Daily News, June 6, 1998, at D1. 106 Breese v. Smith, 501 P.2d 159 (Alaska 1972) (ability to control oneþs appearance is a fundamental right, i.e., hair length). 49 Brennan v. King, 139 F.3d 258 (1st Cir. 1998) (HIV+ professorþs denial of tenure case was not preempted by a contractual grievance procedure). 54 Brennan v. Metropolitan Opera Association, Inc., 1998 WL 193204 (S.D.N.Y. Apr. 22, 1998) (not reported in F. Supp.) (stringent factual standards are needed to establish a case alleging discrimination based on age, sex, and sexual orientation).72 Broadcast Equities, Inc. v. Montgomery County, MD, 718 A.2d 648 (Md. Ct. Spec. App. 1998) (sexual orientation anti-discrimination ordinance does not conflict with state law which does not prohibit such discrimination). 172 Brown v. State, 1998 WL 737956 (Ala. Ct. Crim. App. Oct. 23, 1998) (not yet released for pub.) (HIV+ prisoner is entitled to determination whether his counsel provided ineffective assistance in advising on a possible plea bargain). 178 Brzoska v. Olson, 668 A.2d 1355 (Del. 1995) (emotional distress claims involving HIV exposure). 44 Burlington Industries, Inc. v. Ellerth, 118 S.Ct. 2257 (1998) (employers will be vicariously liable when supervisors engage in quid pro quo sexual harassment and the employee suffers adverse consequences for refusing a supervisorþs sexual advances; no requirement to show negligence on employerþs part). 113 Buzzanaca, Marriage of, 61 Cal.App.4th 1410, 72 Cal.Rptr.2d 280 (Cal. Ct. App. 1998) (even though neither party was biologically related to the child, they were still her lawful parents given their initiating role as the intended parents in her conception and birth. ) (review denied June 10, 1998). 57 C C.M.S. v. State Farm Lloyds, 1998 WL 386160 (N.D.Tex. July 7, 1998) (not reported in F. Supp. ) (insurance company would not be held liable to a 3d party on a personal liability policy for transmission of HIV and granted summary judgment). 143 Campbell v. Sundquist, 926 S.W.2d 250 (Tenn. Ct. App. 1996) (declaratory judgment actions presenting constitutional challenges resting on due process (privacy) and equal protection claims under both state and federal constitutions against sodomy laws). 105 Carney v. City of Shawnee, 24 F.Supp.2d 1185 (D. Kan. 1998) (officers failed to establish active deception that would equitably toll 90-day period for filing Title VII action; officers' internal and public complaints about being subjected to sexual discrimination and retaliation did not constitute speech on a matter of public concern; and officers could maintain  1983 equal protection claim). 186. Carparts Dist. Ctr., Inc. v. Automotive Wholesalerþs Assþn of New England, Inc., 987 F.Supp. 77 (D.N.H. 1997) ( insurer is an insuredþs employer for purposes of the ADA and its protections). 42 Carrol v. Blinken, 957 F.2d 991 (2d Cir. 1992) (rejected 1st Amendment challenge to the use of student activity fees in the N.Y. state university system to fund campus chapters of the NY Public Interest Research Group). 125 Chaplinsky v. New Hampshire, 351 U.S. 568 (1942) (articulating a two prong test for protected speech). 18 Christenson v. State, 486 S.E.2d 188 (Ga. 1996) (plurality of court found state sodomy law constitutional and a majority voted to reject the constitutional challenge on grounds that the conduct in question took place in public). 181 Chrouser v. DePaul University, 1998 WL 299426 (N.D. Ill. May 20, 1998) (not reported in F.Supp.) (þbreederþ harassment case involving Title VII under ADA is not actionable). 112 City of Atlanta v. McKinney, 454 S.E.2d 517 (Ga. 1995) (municipal domestic partnership plan was held invalid). 172 City of Atlanta v. Moran, 492 S.E.2d 193 (Ga. 1997) (upheld domestic partner benefits for Atlanta municipal employees). 182 City of New York v. Show World, 1998 WL 813421 (S.Ct. N.Y. Aug. 28, 1998) (slip opinion) (former sex shops, which sufficiently change the nature of their businesses to comply with new zoning regulations, do not have to follow other procedures not iterated in the statutes). 154 City of Topeka v. Movsovitz, No. 77,372 (not designated for publication) (posted at http://members.aol.com/kswebsite/appeals.html) (Apr. 24, 1998) (ruled that Kansas sodomy law is constitutional, rejecting federal and state constitutional arguments). 68 Clark v. Olsten Certified Healthcare Corporation, 714 A.2d 823 (Me. 1998) (public accommodation ordinance does not apply to services rendered in customerþs home; dismisses sexual orientation discrimination claim). 128 Cleaves v. City of Chicago, 21 F.Supp.2d 858, (N.D.Ill. 1998) (motion to dismiss denied for a police officerþs claim for violation of equal protection by alleging that the cityþs policy recognizing same-sex domestic partners and not unmarried opposite-sex partners). 169 Cleveland v. Policy Management Systems, 120 F.3d 513 (5th Cir. 1997) (held that employee was judicially estopped from claiming that she was a qualified individual with a disability under the ADA, after she had received disability benefits for suffering a stroke). 175 Clinton v. Goldsmith, 48 M.J. 84 (C.A.A.F. 1998); cert. granted (119 S.Ct. 402) (1998) (review for an injunction that prevents the Air Force from dropping Goldsmith from Air Force rolls after his conviction for violating a safe sex order from a superior officer). 198 Cobo v. Raba, 481 S.E.2d 101 (N.C. App. 1997), affþd, 495 S.E.2d 362 (N.C. 1998) (lower court erred in not instructing jury on potential contributory negligence by a PWA in his malpractice suit against his psychiatrist). 45 Cochenour v. Cameron Savings and Loan, 160 F.3d 1187 (8th Cir. 1998) (affirmed trial courtþs judgment against an employment discrimination claim under the ADA and determined that the reason Cochenour was fired was because she was spreading rumors about customersþ sexual orientations). 192 Coddington v. Lisk, 671 N.Y.S.2d 826 (N.Y. App. Div. 1998) (medical records are discoverable in a personal injury law suit even though records might reveal the result of an HIV test). 82 Collins v. Down River Specialties, Inc., 1998 WL 166174 (Ohio Ct. App. Apr.9,1998) (slip copy) (gay bar is not liable on a negligence theory for the handgun murder of a gay man and incidental shooting of another man on premises). 70 Collins v. Faith School District 574 N.W.2d 889 (S.D. 1998) (reinstated an elementary school teacher terminated after describing homosexual sexual activities to his students). 53 Colon v. Arrabito, 1998 WL 305636 (S.D.N.Y. June 9, 1998) (not reported in F. Supp.) (rejected a motion to dismiss a HIV-confidentiality suit brought by a prison inmate). 119 Commonwealth v. Lo, 696 N.E.2d 935 (Mass. 1998) (rejecting appeal of conviction based on sexual orientation of psychiatric expert witness). 127 Commonwealth v. Peters and Labbe, Gary V. Murray, Webster Men Sentenced in Internet Gay Bashing, Telegram and Gazette, Sept. 9, 1998, at B1. (criminal conviction of two men who lured gay man to remote location to rob him). 155 Connick v. Myers, 461 U.S. 138 (1983) (discharge of staff attorney in the New Orleans Law Department for circulating a petition on employment policies is valid). 35 Cortez v. Apfel, 1998 WL 601005 (S.D.N.Y. Sept. 10, 1998) (HIV+ unemployed man who works in exchange for welfare benefits as required by the city government in NYC is not entitled to receive Social Security Disability Benefits solely on account of his HIV status, or on account of depression stemming from that status). 159 Cracker Barrel Old Country Store, Inc., 1992 WL 289095 (SEC 1992) (shareholders cannot vote on ordinary business matters, including whether to ban sexual orientation discrimination). 111 Crawford v. Bank of America, 181 F.R.D. 363 (N.D. Ill. May 28, 1998) (allegedly harassing statements by homosexual co-worker could not form basis of hostile environment sexual harassment claim, absent evidence that plaintiff was subjected to her co-worker's stories because of her gender, or that employer knew or should have known about the situation). 110 Crawford v. City of Chicago, No. 97-CH-5674 (Cook County Cir. Ct. Feb 10, 1998) (would not grant a restraining order against Chicagoþs domestic partnership ordinance). 36 Crumb v. Waterbury Hospital Health Center, 1998 WL 761683 (Conn. Super. Ct. Aug. 14, 1998) (refused to strike a claim for unintentional infliction of emotional distress based on a fear of contracting AIDS, despite the failure of the plaintiff to allege actual exposure to HIV). 197 Curran v. Mount Diablo Council of the Boy Scouts of America, 952 P.2d 218 (Cal. 1998) (BSA is not a business establishment within the meaning of the Unruh Civil Rights Act). 51 D D.J.L. v. Armour Pharmaceutical Co., 704 A.2d 104 (N.J. Super. Ct. 1997) (rejecting court challenge to extended time for hemophiliacs to sue). 13 D.W.W., Ex Parte (In Re: R.W. v. D.W.W.), 1998 WL 81615 (Ala. Feb. 27, 1998) (slip copy) (reversed an appellate decision which would have removed restrictions on visitation rights for R.W., a non-custodial mother engaged in a four-year lesbian relationship). 52 Dale v. Boy Scouts of America, 706 A.2d 270 (N.J. Super. Ct. App. Div. 1998) (Boy Scouts of America violated the anti-discrimination statute when it expelled a member for being gay). 50 Daniel v. Dresdner Bank, David E. Rovella, Wall St. Firm Faces $75m Gay-bias Suit Plaintiff's Supporters Attack U-4s; Bank Downplays Suit, National Law Journal, July 6, 1998 at B1, col. 4. Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) (admissibility requirements for scientific evidence). 178 Davis v. District of Columbia, 158 F.3d 1342 (D.C. 1998) (ruled that statute that deprived prisoners of the right to sue for damages for emotional and mental distress in the absence of physical injuries is constitutional). 176 DeFilippo v. GMRI, Inc., 10 F.Supp.2d 245 (E.D.N.Y. 1998) (allegations found insufficient for þperceived disabilityþ suit under ADA). 120 DeLong v. DeLong, 1998 WL 15536 (Mo. App. W.D. Jan. 20, 1998) (slip copy) (courts should no longer presume that it is not in the best interest of children to have a gay custodial parent) (Mo. W.D. 52726) rehearing and/or transfer denied (Mar. 3, 1998), cause order transferred to Mo.S.Ct. (Apr. 4, 1998). 17 Denton v. State, 1998 WL 476459 (Tex. App. Aug. 13, 1998) (not reported in S.W.2d) (upheld conviction and sentence against Director for participating in a scheme that diverted significant funds from his organization to another run by his male lover). 130 DeShaney v. Winnebago County Depþt of Soc. Serv., 489 U.S. 189 (1989) (defined state role in creation of danger and a subsequent duty to protect). 78 Devilþs Films, Inc. v. Nectar Video, 1998 WL 790921 (S.D.N.Y. Nov. 13, 1998) (producer of obscene material is not entitled to the assistance of the court in going after a company that is pirating the pornographerþs wares). 189 Dignity Viatical Settlement Partners v. Cedalion Systems, Inc., 4 F.Supp.2d 466 (W.D.N.C. 1998) (ruled against a viatical settlement company in its attempt to claim full payment of benefits on a life insurance policy it purchased from a PWA shortly before he died). 81 DiSanto v. McGraw-Hill, Inc./Plattþs Division, 1998 WL 474136 (S.D.N.Y. Aug. 11, 1998) (PWA who claims discrimination by employer may proceed with claims under ADA and N.Y. Human Rights Law). 144 Doe v. Alpha Therapeutics, St. Louis Cir. Ct., Dec 17, 1997 (3 hemophiliacs infected with HIV- tainted blood circa 1982 sued manufacturer of clotting agent, not decided). 13 Doe v. Attorney General, 686 N.E.2d 1007 (Mass. 1997) (state's sex offender notification act violates state constitutional due process rights). 6 Doe v. City of Belleville, 119 F.3d 563 (7th Cir. 1997) (same-sex harassment case remanded for consideration in light of Oncale). 50 Doe v. City of New York, 15 F.3d 264 (2d Cir. 1994) (individuals have a constitutionally protected privacy interest in their HIV status). 120 Doe v. DeKalb County School District, 145 F.3d 1441 (11th Cir. 1998) (adopts objective test on whether ADA plaintiff suffered adverse consequences). 137 Doe v. Doe, 1998 WL 155696 (Conn. Apr. 7,1998) (a woman did have standing to seek custody of the 14-year old girl she had raised from birth even though she was neither biologically or legally related--she never sought legal adoption after the child was surrendered by surrogate mother). 76 Doe, Estate of John v. Paul Revere Insurance Group, 948 P.2d 1103 (Haw. 1997) (insurance company is liable for benefits under a policy issued to an HIV+ dentist). 8 Doe v. Keenan, No. BC 186209 (Cal. Super. Ct.) (1998) (trial will be set for PWA to sue doctor for invasion of privacy when his doctor inappropriately disclosed his HIV status to his family). 145 Doe v. Methodist Hospital, 690 N.E.2d 681 (Ind. 1998) (a person who revealed co-worker's HIV status was not liable for invasion of privacy). 25 Doe v. Mutual of Omaha, 999 F.Supp 1188 (N.D.Ill. Dec. 2, 1998) (held that prohibition against disability discrimination in places of public accommodation under ADA applied to medical insurer's issuance to individuals of policies capping benefits for medical care of AIDS). 198 Doe v. Noe, 690 N.E.2d 1012 (Ill. App. Ct. 1997) (patient who learned that her surgeon was HIV+ can sue for emotional distress). 10 Doe v. Pataki, 120 F.3d 1263 (2nd Cir. 1997), cert. denied, 118 S.Ct. 1084 (1998) (upheld laws requiring convicted sex offenders to register with authorities after their discharge from prison, and under certain circumstances, authorizing various types of notification to the community about those individuals). 37 Doe v. Protective Life Insurance Co., 1998 WL 568326 (Conn. Super. Ct. Aug. 26, 1998) (protective order to limit dissemination of AIDS-related information in discovery determined overbroad and rewritten to be less restrictive). 161 Doe v. Sex Offender Registry Board, 697 N.E.2d 512 (Mass. 1998) (due process hearing should take place before the Sex Offender Registry Board, with he possibility of appeal to the superior court). 131 Doe v. Yale University, 1997 WL 766835 (Conn. Super. Ct. Nov. 26,1997) (not reported in A.2d) (University hospital using non-properly trained interns is negligent rather than medical malpractice). 13 Doe and Smith v. Mutual of Omaha Insurance Company, (999 F.Supp. 1188) (N.D.Ill. 1998) (AIDS-caps in two health insurance policies were discriminatory in violation of the Americans with Disabilities Act). 79 Doe v. Southern Baptist Hospital, 1998 WL 248619 (La. Ct. App. May 6, 1998) (slip copy) (plaintiffs in an HIV-transfusion case bore the burden of showing that the medical malpractice statute violated their constitutional rights by setting a short statute of limitations). 98 Donald P. v. Palmieri, 668 N.Y.S.2d 218 (N.Y.App.Div. 1998) (lower court judge lacked authority when he ordered an HIV test on defendant). 26 Douglass v. Alton Ochsner Foundation, 704 So.2d 844 (La. Ct. App. 1997) (rejecting an attempt by plaintiff in an HIV-transfusion case to avoid the effect of the state's "blood shield law" in a products liability claim). 11 Drayden v. White, 1998 WL 398157 (N.D. Cal. July 9, 1998) (denied writ of habeas corpus sought by Drayden challenging his 1st degree murder and 2d degree burglary convictions in death of Quinton). 132 E EBI/Orion Group v. Blythe, 957 P.2d 1134 (Mont. 1998) (affirmed finding by state workersþ compensation tribunal that claimant who alleged his mental illness stemmed from an occupational exposure to HIV and Hepatitis B was malingering). 97 E.B. v. Verniero, 119 F.3d 1077 (3d Cir. 1997), rehearing denied, W.P. v. Verniero, 127 F.3d 298 (3d Cir. 1997), cert. denied, 118 S.Ct. 1039 (1998) (upheld laws requiring convicted sex offenders to register with authorities after their discharge from prison, and under certain circumstances, authorizing various types of notification to the community about those individuals). 37 Eck, In re, 584 A.2d 859 (N.J. Super.Ct. 1991) (absent fraud or other improper purpose, a person has a right to a name change). 20 Egan v. Canada, [1995] 2 S.C.R. 513 (sexual orientation is þanalogous to the other personal characteristics enumerated in 15(1),þ which are race, national or ethnic origin, colour, religion, sex, age or mental or physical disability). 65 Ellison v. Ramos, 502 S.E.2d 891 (N.C. Ct. App. 1998) (opposite-sex co-parent may seek custody). 133 Elzie v. Aspin, 897 F.Supp. 1 (D.D.C. 1995) (sexual orientation does not affect that individualþs performance in the workplace; society should not be deprived of the many accomplishments of people who happen to be gay). 19 Emerson, In re Nicholas, No. NEW-98-CD-17 (Maine Dist. Ct. Sept. 19, 1998) (rejected an attempt by the state to terminate motherþs custody because she would not allow her HIV+ child to be treated). 161 Engel v. Worthington, 60 Cal.App.4th 628, 70 Cal.Rptr.2d 526 (1997) (plaintiff who sues under the California Unruh Civil Rights Act is entitled to attorney fees as a matter of law). 21 EEOC & Smith v. General Electric Co., 17 F.Supp.2d 824 (N.D.Ind. 1998) (held that a person who is erroneously perceived as having asymptomatic HIV/AIDS is not entitled to protection under the ADA for on-the-job harassment). 177 EEOC v. Prevoþs Family Market, 135 F.3d 1089 (6th Cir. 1998) (supermarket did not violate the ADA when it fired a produce clerk who refused to submit to a medical examination after revealing he had tested positive for HIV). 41 Equality Foundation of Greater Cincinnati v. City of Cincinnati, 838 F.Supp. 1235 (S.D. Ohio 1993) (preliminary injunction against Issue 3), perm. inj. granted, 860 F.Supp. 417 (S.D. Ohio 1994); revþd, 54 F.3d 261 (6th Cir. 1995) (homosexuality is a behavior and not a class); vacated and remanded, 116 S.Ct 2519 (1996); 128 F.3d 289 (6th Cir. 1997) (3 judge panel continued to hold Issue 3 constitutional); 75 Fair Emp. Prac. Cas. (BNA) 1763, 1998 U.S.App. Lexis 1765 (6th Cir. Feb. 5, 1998) (full panel refused to reconsider 1997 panel decision); cert. denied, 119 S.Ct. 365 (1998) (denied certiorari to review the constitutionality of Cincinnati Issue 3, a city charter amendment enacted by voters in 1993 that bars the city from adopting any policies protecting gay people from discrimination). 31, 167 Evans v. Franco, 668 N.Y.S.2d 26 (N.Y.App.Div. 1998) (unwed partners are not entitled to rent subsidy succession). 22 F Facchina v. Mutual Benefits Corp., 1998 WL 646663 (Fla. Dist. Ct. App. Sept. 23, 1998) (allowing mixed tort/contract claim by male model whose photograph was allegedly used without authorization in advertisements does not violate the judge-made economic loss rule under Florida common law, merely because model had contract with purchaser). 160 Faragher v. City of Boca Raton, 118 S.Ct. 2275 (1998) (employers will be vicariously liable when supervisors engage in quid pro quo sexual harassment and the employee suffers adverse consequences for refusing a supervisorþs sexual advances; no requirement to show negligence on employerþs part). 113 Farmer v. Brennan, 511 U.S. 825 (1994) (prison officials can be found liable under the Eighth Amendment for denying an inmate humane conditions of confinement if the official knows of and disregarded an excessive risk to health or safety). 74 Farmer v. Hawk, 991 F.Supp. 19 (D.D.C. 1998) (transsexual prisoner was entitled to treatment for his condition while incarcerated in a federal prison). 33 Farrell v. Burke, 1998 WL 751695 (S.D.N.Y. Oct. 28, 1998) (preserved a paroleeþs challenge to re-arrest on an alleged violation of a vague anti-pornography parole condition). 188 Faya v. Almaraz, 620 A.2d 327 (Md. 1993) (HIV+ surgeon performing invasive procedures has a duty to disclose--regarding AIDS-related emotional stress claims). 10 Feiden v. Feiden, 542 N.Y.S.2d 860 (N.Y. App. Div. 1989) (person is not to be presumed incompetent merely because they are suffering from a disease). 117 Ferretti v. Mt. Sinai Hospital, N.Y.L.J. at 25, col. 6 (Apr. 10, 1998) (refused to dismiss a complaint alleging discrimination based on the plaintiffþs perceived sexual orientation).72 Fisher v. Trinova Corporation, 1998 WL 774111 (6th Cir. Oct. 13, 1998) (unpublished disposition) (upheld summary judgment to employer in an AIDS discrimination suit). 194 Fiske v. Rooney, 1998 WL 159928 (Ohio Ct. App. Mar. 19, 1998) (slip copy) (remanded a suit charging U.S. Health Corporation of Southern Ohio and Dr. Richard Rooney with discriminating against William B. Fiske, an HIV+ man, by denial of emergency room service). 80; rev. 1995, 663 N.E.2d 1014. 80 Fleming v. Monumental Life Insurance Company, 154 F.3d 1001 (9th Cir. 1998) (insurance company could not deny mortgage life insurance benefits to gay domestic partner on contract technicality). 172 Fletcher v. Fletcher, 581 N.W.2d 11 (Mich. Ct. App. 1998) (affirmed trial courtþs finding that the mother exercised poor judgment in renting a room in the apartment of a lesbian couple and þexposingþ her children to þnegative aspects of the coupleþs relationship, including their arguments).71 Florida Board of Bar Examiners, In re, 358 So.2d 7 (Fla. 1978) (openly gay attorneys could be admitted to practice law). 77 Foley v. County of Hennepin, 1998 WL 313546 (Minn. Ct. App. June 16, 1998) (slip copy) (þallegations of lesbianismþ are not defamatory per se). 109 Forbes v. Merril Lynch, Fenner & Smith, Inc., (179 F.R.D. 107) (S.D.N.Y. 1998) (assesses Rule 11 sanctions against plaintiffþs attorney in HIV discrimination suit). 80 Ford v. Rigidply Rafters, Inc., 999 F.Supp. 647 (D. Md. 1998) (upheld retaliation verdict based on a pre-Oncale same-sex harassment case). 73 Ford v. Schering-Plough Corp., 145 F.3d 601 (3d Cir. 1998) (rejected plaintiffþs ADA violation claim who suggested that companyþs different benefits to different disabilities was violative of Title III). 98 Fosby v. Albany Memorial Hospital, 675 N.Y.S.2d 231 (N.Y. App. Div. 1998) (reversed dismissal of an AIDS phobia claim, finding þspecial circumstancesþ which might make defendant legally responsible for the plaintiffþs fears). 120 Fredette v. BVP Management Associates, 112 F.3d 1503 (11th Cir.), cert. denied sub nom, BVP Mgmt. Assoc. v. Fredette, 118 S.Ct. 1184 (1997) (male employee may sue for harassment by a male supervisor). 50 Freeman v. Ferguson, 911 F.2d 52 (8th Cir. 1990) (state-created danger theory--if state had taken affirmative action which increases the individualþs private danger of, or vulnerability to, such violence beyond the level it would have been at absent state action, the state is liable). 78 Frye v. Jack, 1998 WL 283055 (Wash. Ct. App. June 1, 1998) (Slip copy) (jurorþs comments about Fryeþs sexual orientation did not justify granting her a new trial). 107 Frye v. United States, 293 F. 1013 (D.C. 1923) (admissibility requirements for scientific evidence). 178 G Galda v. Rutgers University, 772 F.2d 1060 (3d Cir. 1985) (action challenging university's policy of funding independent outside organization that espoused and actively promoted political and ideological philosophy which the students opposed and did not wish to support was sustained). 125 Galanty v. Paul Revere Life Insurance Co., 66 Cal.App.4th 15, 77 Cal.Rptr.2d 589, 1998 WL 477382 (Cal. Ct. App. Aug. 17, 1998) (non-disclosure of HIV status on application for disability insurance can allow insurance company to refuse payment when applicant developed AIDS) 140; cert. granted 77 Cal. Rptr.2d 589. 198 Gant v. State of Indiana, 694 N.E.2d 1125 (Ind. 1998) (rejected contention that consensual homosexual activity could supply the þsudden heatþ required to reduce a murder conviction to voluntary manslaughter). 89, 107 Garcia v. Elf Atochem North America, 28 F.3d 446 (5th Cir. 1994) (same-sex harassment not actionable under Title VII). 50 G.A.S., In the matter of, 583 N.W.2d 296 (Minn. Ct. App. 1998) (although in conflict with motherþs religious belief that homosexuality is wrong, foster care placement with two homosexual men is proper under a state statute which requires that a court place a juvenile in a foster home with the same or similar religious background as the childþs birth parent given three conditions). 150 Gebser v. Lago Vista Independent School District, 118 S.Ct. 1989 (1998) (school district can only be liable for harassment by a teacher when the harassment was reported or made known to a school district official failed and failed to take action). 113 General Media Communications, Inc. v. Cohen, 131 F.3d 273 (2d Cir. 1997), cert. denied, 118 S.Ct. 2367 (1998) (military ban on lascivious material is constitutional). 5 Gilbert v. Related Management Co., N.Y.L.J. at 27, Oct. 8, 1998 (affirmed order denying summary judgment in an HIV-discrimination case. Glover v. Williamsburg Local School District Board of Education, No. C-1-96-896 (UPI Press Report, May 19, 1998) (ordering reinstatement of gay teacher who was denied reappointment). 85, 114 Gold v. Deutsche Aktiengessellschaft, 1998 WL 126058 (S.D.N.Y. Mar. 19, 1998) (not reported in F. Supp.) (employee must submit his discrimination suit to arbitration). 55 Grant v. South-West Trains Ltd., Case C-249/96 (available at http:/Europa.eu.int/cj/en/jurisp/index.htm) (travel benefits provided to unmarried female partners of male employees while not providing them to unmarried female partners of female employees did not violate equal protection based on sex under European Community Law). 38 Greenway v. Buffalo Hilton Hotel, 143 F.3d 47 (2d Cir. 1998) (clarified duty of employee who was found to have been wrongfully discharged in violation of the ADA to mitigate his damages after discharge, but affirmed his right to punitive damages under the ADA). 95 Greer v. Amesqua, 22 F.Supp.2d 916 (W.D.Wisc. 1998) (preliminary injunctive relief denied on public employeeþs claim that his termination violated his First Amendment rights when he circulated a new release accusing his supervisor of playing favorites based on sexual orientation). Greer v. Shoop, 141 F.3d 824 (8th Cir. 1998) (3 Iowa corrections officers were entitled to summary judgment under a theory of qualified immunity, despite their failure to inform a paroleeþs lover that he was HIV+ before placing him in her home). 78 Gretzinger v. University of Hawaii Professional Assembly, 156 F.3d 1236 (table), 1998 WL 403357 (9th Cir. July 7, 1997) (slip copy) (trial court did not err in allowing testimony about sexual orientation of plaintiff in sexual harassment case). 127 Griffen v. Cameron College, 1997 WL 795692 (E.D.La. Dec. 29, 1997) (not reported in F. Supp.) (denial of HIV+ applicant admission into college was not discriminatory). 27 Griffith v. Wal-Mart Stores, Inc., 135 F.3d 376 (6th Cir. 1998) (rejecting theory that HIV+ persons who received disability benefits may not pursue discrimination claims under the ADA). 47 Griswold v. Connecticut, 381 U.S. 479 (1965) (privacy/autonomy concept can protect against þgovernment intrusion into oneþs intimate affairs). 49, 61 Gross v. Burggraf Construction Company, 53 F.3d 1531 (10th Cir. 1995) (same-sex harassment is a matter of fact as long as it satisfies the þsteady barrageþ test, which looks at the intensity and pervasiveness of the harassment). 22 Gryczan v. State, 942 P.2d 112 (Mont. 1997) (courts found declaratory judgment actions presenting constitutional challenges resting on due process (privacy) and equal protection claims under both state and federal constitutions against sodomy laws). 105 Gubitosi v. Kapica, 154 F.3d 30 (2d Cir. 1998) (N.Y. police chief Kapica is immune to suit from a 1st Amendment claim asserted against him by Gubitosi, a lesbian, a former police officer in the town). 128 Guevara v. Superior Court, 62 Cal. App. 4th 864, 73 Cal. Rptr.2d 421 (Cal. App. 6th Dist. 1998) (Guevara could not be charged with violation of penal code 245(a)(1) (aggravated assault) for engaging in consensual sex with minor females while knowing that he was HIV+). 82 Guibert, In re, 679 N.Y.S.2d. 452 (N.Y. App. Div. 1998) (affirmed decision by NY Unemployment Insurance Appeal Board that denied a claim for benefits by a worker fired for breaching HIV confidentiality rules). 198 H H.S. v. Board of Regents, 967 S.W.2d 665 (Mo. Ct. App. 1998) (affirming $635,000 plaintiff verdict in an AIDS discrimination suit against Southeast Missouri State University). 79 Hall v. Baptist Memorial Health Care Corporation, 27 F.Supp.2d. 1029 (W.D.Tenn. 1998) (held that þChristianþ medical school was entitled to religious institution exemption under Title VII). 186 Hall v. Commonwealth of Virginia, 1997 WL 792952 (Va. Ct. App. Dec. 30, 1997) (not reported in Va.App.) (upholding a malicious wounding conviction in an HIV biting case). 27 In re Brian Harris, a/k/a Lisa Harris, 707 A.2d 225 (Pa. Super. Ct. 1997) (granting name change to preoperative transsexual). 20 Harrison v. Eddy Potash, 112 F.3d 1437 (10th Cir. 1997) (employer can be held liable for an employeeþs conduct in some situations). 22 Hartwig v. Oregon Trail Eye Clinic, 580 N.W.2d 86 (Neb. 1998) (proof of actual exposure to HIV is not necessary to recover for damages for mental anguish and anxiety in fear-of-AIDS cases). 118 Harwood v. State, 961 S.W.2d 531 (Tex. App. 1997) (denying motion to allow testimony about homosexuality of murder victim). 4 Head v. Newton, 596 S.W.2d 209 (Tex. Civ. App. 1980) (calling someone 'queer' is per se defamation). 3 Healy v. James, 408 U.S. 169 (1972) (Court recognition of the importance of robust debate and free expression in a university setting). 183 Heck v. Humphrey, 512 U.S. 477 (1994) (Court ruling that bars sex. 1983 claims which would invalidate a conviction or sentence which had never been reversed on direct appeal, expunged by executive order, or otherwise directly invalidated). 188 Hernandez v. Barrios-Paoli, N.Y.L.J. at 25, col. 4 (Feb. 3, 1998) (striking down legislation imposing additional eligibility requirements on persons with AIDS seeking benefits and services from New York City). 46 Hickerson v. City of New York, 146 F.3d 99 (2d Cir. 1998) (zoning regulations forcing sex- related businesses to shut down or relocate despite state and federal court decisions are constitutionally valid). 76 Higgins v. New Balance Athletic Shoe, Inc., 21 F.Supp.2d 66 (D.Me. 1998) (summary judgment for defendant for sexual harassment claim because there was no showing that the discrimination was because of his sex or gender). 189 Hirsch v. National Mall & Services Inc., 989 F.Supp. 977 (N.D. Ill. 1998) (person with lymphoma did not have a disability under the ADA, and allegation that he was discharged because of expense did not state a prima facie case under Title I of the ADA). 26 Holmes v. California Army National Guard, denied en banc, 155 F.3d 1049 (9th Cir. 1998) (five judges dissented from the decision to deny en banc review in a case challenging the U.S. militaryþs þdonþt ask, donþt tellþ policy). 168 Hougum v. Valley Memorial Homes, 574 N.W.2d 812 (N.D. 1998) (employee discharged for masturbating in a public restroom stall may have a claim under a state law that forbids discrimination based on lawful off-duty conduct). 19 Housing Works, Inc. v. City of New York, N.Y.L.J. at 28, col. 3 (Nov. 23, 1998) (N.Y.App.Div. Unanimously reversed a preliminary injunction that had barred the City from interfering with the housing contracts of Housing Works, Inc., a non-profit AIDS housing organization, pending a trial on the merits). 196 Huck v. Mega Nursing Services, Inc., 989 F.Supp. 1462 (S. D. Fla. 1997) (individual employees and officers of company charged with HIV related employment discrimination are not individually liable). 25 Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston, 515 U.S. 557 (1995) (injunction to permit gay group to march in parade overturned on grounds that the parade organizers represented a private organization, so was permitted to choose whom they wanted to march in the parade). 171 I Ireland v. Davis, 957 S.W.2d 310 (Ky. App. 1997) (persons in same-sex relationships could obtain orders of protection under state domestic violence statutes). 4 I.V. Services of America v. Trustees of the American Consulting Engineers Council Ins. Trust Fund, 136 F.3d 114 (2d Cir. 1998) (home health service company caring for a person with AIDS covered by their plan was entitled to a trial of its claim that þoff-labelþ administration of particular drugs prescribed by the personþs doctor should be covered under the plan). 59 Irish Lesbian & Gay Organization v. Giuliani, 143 F.3d 638 (2d Cir. 1997) (gay groupþs attempt to compel the City of New York to issue it a permit to stage a protest march on St. Patrickþs Day should not have been dismissed on grounds of mootness). 68 Isom v. State, 1998 WL 830660 (Fla. Dist. Ct. App. Aug. 14, 1998) (denied petition for certiorari in sexual offenses with a minor case). 197 J J.A.D. V. F.J.D. III, 978 S.W.2d 336 (Mo. 1998) (Court unanimously upheld trial courtþs award of custody to heterosexual parent, but disapproved of order that the children not be exposed to any known lesbians while mother is exercising her visitation rights) (see also, DeLong v. DeLong, 1998 WL 15536 (Mo. Ct. App. Jan. 20, 1998). 150 J.B.F. v. J.M.F., 1998 WL 321964 (Ala. June 19, 1998) (slip copy) (where divorced parents subsequently create equivalent two-parent homes, homosexual households are inherently inferior to heterosexual households). 104 Jackson v. U.S. Department of the Air Force, 132 F.3d 39 (9th Cir. 1997) (rejecting appeal of discharge for homosexual conduct). 2 Jairath v. Dyer, 154 F.3d 1280 (11th Cir. 1998) (vacated and remanded to state court of a claim of public accommodations discrimination by an HIV+ plaintiff seeking damages for refusal of medical treatment). 176 Jane Doe v. Dennyþs Inc., 963 P.2d 650 (Or. 1998) (upheld ruling against HIV+ woman in an employment discrimination case). 138 Jeffrey v. Nutt, 1998 WL 204685 (N.D. Tex. Apr. 17, 1998) (not reported in F. Supp.) (dismissed suit brought by homophobic expert witness who had allegedly imposed his personal bias against homosexual in the treatment of children). 92 Johnson v. Community Nursing Services, 985 F.Supp. 1321 (D.Utah 1997) (denying defendant's motion for summary judgment in same-sex harassment suit brought under Title VII). 21 Johnson v. Knowles 113 F.3d 1114 (9th Cir.), cert. denied, 118 S.Ct. 559 (1997) (County Republican Committee not amenable to suit under 42 U.S.C. 1983). 6 Jones v. Fowler, 949 S.W.2d 442 (Tex.App. 1997), revþd, 41 Tex. Sup. Ct. J. 808, 969 S.W.2d 429 (Tex.1998) (lesbian co-parent seeking to assert visitation rights to the child she had been raising with her partner prior to the break-up of their relationship has no standing). 87 K K.T.W.P. v. D.R.W., 1998 WL 307936 (Ala. Civ. App. June 12, 1998) (slip copy) (a non- custodial gay parent should not be restricted from having his life partner in the house during visitation with his child). 107 Kalke v. City of New York, 666 N.Y.S.2d 631 (1st Depþt 1997) (total ban on distributing condoms in the park is unconstitutional). 27 Kansas v. Gray, 958 P.2d 37 (Kan. Ct. App. 1998) (man convicted of drug charges was granted new trial because of prosecutorial misconduct that included suggesting to jury during closing argument that syringes found in defendantþs apt. were HIV-infected). 96 Keller v. State Bar of California, 496 U.S. 1 (1990) (State Bar's use of compulsory dues to finance political and ideological activities with which members disagreed violated their First Amendment right of free speech when such expenditures were not necessarily or reasonably incurred for purpose of regulating legal profession or improving quality of legal services). 125, 181 Keyishian v. Bd. of Regents, 358 U.S. 589 (1967) (Court recognition of the importance of robust debate and free expression in a university setting). 183 Kia P. v. McIntyre, 2 F.Supp.2d 281 (E.D.N.Y. 1998) (dismissed a complaint alleging improper conduct by hospital personnel and city child welfare officials in detaining the newborn daughter of an HIV+ mother for ten days after birth). 82 Kieser v. Old Line Life Insurance Co. Of America, 712 So.2d 1261 (Fla. Dist. Ct. App. 1998) (insurance company was entitled to refuse payment on policy due to misrepresentations and omissions on the application form). 140 Kindred v. United States, 41 Fed.Cl. 106 (Fed. Cl. 1998) (þstraightþ sailor discharged for gay sex wins despite þdonþt ask, donþt tellþ policy which specifies that only gays are targeted). 111 King v. State, 1998 WL 474070 (Tex.App. July 29, 1998) (not reported in S.W.2d) (rejected appeal in indecent exposure case brought by gay man entrapped in public park). 133 King v. Vaughn, 1997 WL 811960 (E.D. Pa. Dec. 29, 1997) (not reported in F. Supp.) (dismissing a prison inmate's claim that he was not sufficiently protected from a fellow inmate with whom he previously had a gay relationship). 22 King David Development Co. v. Artega, N.Y.L.J. at 27, col. 4 (Mar. 11, 1998) (non-traditional family relationship in a tenant succession case without significant financial documentation of interrelationship was valid, all 8 factors need not be satisfied). 57 Knotts v. Knotts, 693 N.E.2d 962 (Ind. Ct. App. 1998) (upheld awarding of custody to father where motherþs bisexuality was considered to have caused the oldest child to be prescribed Prozac for depression).69 Kovatch v. California Casualty Management Co., Inc., 77 Cal.Rptr.2d 217 (Cal. Ct. App. July 2, 1998) (gay former employee of management company is entitled to trial of his claim that he was constructively discharged in violation of public policy banning discrimination based on sexual orientation, affirmed and reversed in part). 108 Kwiatek v. McCaw Cellular Communications of Florida, Inc., No. 95-8059 (company is liable for damages from a supervisor threatening to discharge an employee if he would not take disability leave). 28 L Lilly v. City of Minneapolis, 527 N.W. 2d 107 (Minn. Ct. App. 1995) (municipal domestic partnership plan was held invalid). 172 Lindsay v. State, 720 So.2d 182 (Miss. 1998) (lengthy prison term is not rendered illegal solely because trial judge was not informed that defendant was HIV+). 140 Lumpkin v. Brown, 109 F.3d 1498 (9th Cir.), cert. denied, 118 S.Ct. 558 (1997) (City of San Francisco can remove anti-gay minister from Human Rights Commission). 6 Louie, In re Alan, 213 B.R. 754 (Bankr. N.D.Cal 1997) (debtorþs estate can be ordered to pay $25,000 for damages resulting from non-disclosure of HIV+ status to former lover who was subsequently exposed). 162 Loving v. Virginia, 388 U.S. 1 (1967) (miscegenation statutes adopted by Virginia to prevent marriages between persons solely on basis of racial classification violate the equal protection and due process clause of the 14th amendment). 49 M MacDonald v. Safir, 26 F.Supp.2d 664 (S.D.N.Y. 1998) (ruled that procedure for granting parade permits in New York City is unconstitutional because the police department does not have a time limitation to respond to permit applications). 190 Maggert v. Hanks, 131 F.3d 670 (7th Cir. 1997) (denial of estrogen treatment to a transsexual prisoner does not constitute cruel and unusual punishment). 3 Mains et al. v. State Automobile Ins. Co., 698 N.E.2d 488 (Ohio Ct. App. 1997) (Insureds under a general business liability policy sued the insurer after it refused to cover a former employee's claim that the insureds wrongfully terminated her due to her HIV+ condition). 141 Mainstream Loudoun v. Board of Trustees of the Loudoun County Library, 24 F.Supp.2d 552 (E.D.Va. 1998) (ruled that a policy on internet access promulgated by the public library trustees violated the First Amendment and enjoined the trustees from continuing to enforce it). 189 Marchica v. Long Island Railroad, 31 F.3d 1197 (2d Cir. 1994), cert. denied, 513 U.S. 1079 (1995) (upholding $280,000 award in AIDS-phobia case). 46 Martens v. North, 1998 WL 378137 (E.D. La. July 6, 1998) (not reported in F. Supp.) (dismissed case on timeliness grounds to defendant in defamation case). 132 Marino v. Louisiana Statue University Board of Supervisors, 1998 WL 560290 (E.D. La. Aug. 27, 1998) (summary judgment for Supervisors in employment discrimination case of female pro- gay professor). 154 Marion City Schools and Marion Education Association, In re, 111 Lab. Arb. (BNA) 134 (1998) (rejected grievance against city schools claiming that the school board had discriminated against unmarried live-in partners of teachers by denying them insurance coverage). 189 Mason v. Stallings, 82 F.3d 1007 (11th Cir. 1996) (individual officers and employees of corporate employers are not personally liable under the ADA for employment discrimination). 26 Massick v. North Central Correctional Facility, 136 F.3d 580 (8th Cir. 1998) (prison officials are immune from suit for putting inmate in same cell with HIV+ inmate). 48 Matczak v. Frankford Candy and Chocolate Co., 136 F.3d 933 (3d Cir. 1997) (medically controllable condition, diabetes, is a disability under the ADA). 26 Matherson v. Marchello, 100 A.D.2d 233 (N.Y. App. Div. 1984) (a depiction which falsely imputes homosexual behavior constitutes libel per se under New York state law). 90 Matter of Adoption of Gabrielle and Nicholas, N.Y.L.J. at 35, col. 4 (May 18, 1998) (gay fatherþs consent is not needed in adoption when father has þeffectively abandonedþ his children). 89 Matter of Estate of Carl Benkendorf, (N.J. Super. Ct. Ch. Div., Passaic County (May 8, 1998)) (denied an attempt by a gay man to stay in the house in which he had lived with his deceased life partner because partner was intestate). 89 Matter of Lynda A.H. and Diane T.O., 673 N.Y.S.2d 989 (N.Y. App. Div. 1998) (overturned family court ruling awarding temporary visitation of a child to Diane T.O. after she and Lynda A.H. ended their long-term relationship). 108 Matter of Robert Henry McIntyre, 715 A.2d 400 (Pa. 1998) (sex-change operation need not precede legal name change). 129 Mauro v. Borgess Medical Center, 886 F.Supp. 1349 (W.D. Mich. 1995), affþd, 137 F.3d 398 (6th Cir. 1998), cert. denied, 119 S.Ct. 51 (1998) (HIV+ operating room technicianþs discharge did not violate either 504 of the Vocational Rehabilitation Act or Title I of the ADA). 42 Maby H. V. Joseph H., N.Y.L.J. at 21, col. 3 (Aug. 20, 1998) (non-biological parent may assert equitable estoppel in custody dispute). 133 McAdow v. McAdow, Ralph Ellis, Lesbian Denied Custody of Kids Claiming Discrimination, Atlanta Constitution, Jan. 18, 1998, at F7. (denied custody of children to lesbian mother). 27 McClain v. State, 502 S.E.2d 266 (Ga. Ct. App. 1998) (upheld conviction of gay-basher who had been charged with setting fire to a man for making a homosexual advance). 71 McGanty v. Staudenraus, 901 P.2d 841 (Or. 1995) (outlined requisites of constructive discharge). 139 McKinney v. Bellevue Hospital, 584 N.Y.S.2d 538 (N.Y.App.Div. 1992) (failure to inform a prospective employee that his physical exam had detected a serious medical condition sounded in negligence). 13 McLarney v. Community Health Plan, N.Y.L.J. at 25, col. 3, (Dec. 2, 1998) (held that even though plaintiff was not actually exposed to HIV in a needle-stick incident, he could seek damages in connection with the AZT treatment to which he submitted as a result of the incident). 197 McNemar v. Disney Store, Inc., 91 F.3d 610 (3d Cir. 1996); cert. denied 117 S.Ct. 958 (1997) (after submitting a statement under oath to the Social Security Administration claiming disability, an HIV+ man should be estopped from arguing that he is capable of working when suing for employment discrimination under ADA). 176 McVeigh v. Cohen, 983 F.Supp. 215 (D.D.C. 1998) (issuing a preliminary injunction to stop plaintiff from being discharged for "don't ask, don't tell" violation). 18, 55; upheld, McVeigh v. Cohen, 996 F.Supp. 59 (D.D.C. 1998) (while court could not order Navy to give McVeigh a specific assignment, it could review whether the assignments offered to McVeigh were in compliance with his order). 55 Mercer v. Commissioner of Corrections, 717 A.2d 763 (Conn. App.1998) (Affirming judgment of habeas court, Mercerþs trial for murder had not been constitutionally defective because of the various ways in which his HIV+ status was handled during the trial process). 146 Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986) (recognized sexual harassment as discrimination). 2 Middlebrooks v. State Board of Health, 710 So.2d 891 (Ala. 1998) (HIV name-reporting does not violate doctor's equal protection rights). 25 Monroe v. Wal-Mart Stores, Inc., 1998 WL 299452 (N.D. Ill. May 28, 1998) (not reported in F. Supp.) (upheld discharge of PWA for sexual harassment). 119 Moreau v. Roman Catholic Diocese of the City of New York, N.Y.L.J. at 33, col.2 (Mar. 12, 1998) (granted plaintiffþs motion to unseal adoption records of infant plaintiff Justin LiGrecci, who is HIV+, and denied defendantþs cross-motions to dismiss for summary judgment). 61 Murphy v. United Parcel Service, 141 F.3d 1185 (10th Cir. 1998) (not officially published) (driver with high blood pressure was not a person with a disability under the act because his condition is medically controllable).82 Murray v. Apfel, 1998 WL 412639 (E.D.N.Y. May 26, 1998) (not reported in F. Supp.) (Reversed SSAþs denial of disability benefits to a PWA client of GMHC). 142 Mutemeri v. Cheesman, No. 8332 of 1997 (V. S. Ct. Mar. 17, 1998) (Australia) (conviction overturned for recklessly engaging in conduct that placed another in danger of death for unprotected sex by HIV+ person; requires showing of probability of death through HIV transmission). 121 N Nacinovich v. Tullett & Tokoyo Forex, Inc., N.Y.L.J. at 25, col. 5 (May 22, 1998) (a false imputation of homosexual conduct remains libelous per se in New York). 90 National Coalition for Gay & Lesbian Equality v. Minister of Justice, Case No. 97/023677 (High Court of South Africa) (May 8, 1998) (declared unconstitutional South Africaþs laws against consensual sodomy between males). 86, 165 National Endowment for the Arts v. Finley, (118 S.Ct. 2168) (1998) (NEA may take into consideration the advisory restriction to þtake into consideration general standards of decency and respect for the diverse beliefs and values of the American public). 58, 103 Nationalist Movement v. City of Boston, 12 F.Supp. 182 (D.Mass 1998) (struck down regulations promulgated by City of Boston, which governs issuance of permits for parades, on its faceþreasoning that the regulation vested too much discretion in the City in regulation of time, place and manner). 171 Nebraska v. Pattno, 579 N.W.2d 503 (Neb. 1998) (set aside criminal sentence which was imposed on a man who pled guilty to sexually assaulting a minor because trial judge read biblical passages condemning homosexuality during sentencing into the record). 105 Nebraska Press Assþn v. Stuart, 427 U.S. 539 (1976) (determined exception to mootness doctrine--capable of repetition, yet evading review). 68 Nelson v. McClatchy Newspapers, Inc., 931 P.2d 870 (Wash. 1997), Modþd, 936 P.2d 1123 (1997), cert. Denied, 118 S.Ct. 175 (1997) (employment discrimination case because appellant suffered as a newspaper reporter because she participated in gay rights political activity). 92 New England Mutual Life Ins. Co. v. Doe, 671 N.Y.S.2d 280 (N.Y.App.Div. 1998), leave to appeal granted, 703 N.E.2d 269 (N.Y. 1998) (incontestability clause in a life insurance policy precluded the insurer from refusing to pay benefits on an AIDS-related claim). 83 New Jersey v. McCague, 714 A.2d 937 (N.J. Super. Ct. App. Div. 1998) (upheld conviction of two needle exchange advocates for operating a university-affiliated, law-enforcement advised needle exchange operation after operating for two years). 141 N.Y.C. Employeeþs Retirement System v. S.E.C., 45 F.3d 7 (2d Cir. 1995) (shareholders cannot vote on ordinary business matters, including whether to ban sexual orientation discrimination). 111 New York Society of Surgeons v. Axelrod, 572 N.E.2d 605 (N.Y.1991) (an action by the Health Commissioner excluding AIDS, HIV infection, and HIV disease from a list of communicable diseases rendering an insurance company liable for damages from a former lover transmitting HIV to plaintiff). 14 New York State Bar Association v. Reno, 999 F.Supp. 710 (N.D.N.Y.1998) (federal statute making it a crime for anyone (including an attorney) to counsel an individual on disposing of assets in order to qualify for Medicaid benefits is unconstitutional). 161 Nikolas, In re, 720 A.2d 562 (Me. 1998) (affirmed the district courtþs ruling rejecting an attempt by the state to supersede a motherþs decision in making medical treatment decisions for her HIV+ child). 194 Nolley v. Lord, 1997 WL 698172 (S.D.N.Y. Nov. 10, 1997) (not reported in F. Supp.) (rejecting challenge against prison officials for HIV+ inmates who alleged prison conditions violated their 8th Amendment rights). 13 Norman-Bloodsaw v. Lawrence Berkeley Laboratory, 135 F.3d 1260 (9th Cir. 1998) (reversing the dismissal of a right of privacy claim brought by workers at laboratory, where laboratory tested workerþs blood samples without their specific consent for different conditions). 47 Nydegger v. Prunty, 156 F.3d 1238, 1998 WL 540005 (9th Cir. Aug. 24, 1998) (unpublished disposition) (affirms district court's denial of his 28 U.S.C.  2254 petition challenging his 1991 conviction for first-degree murder). 131 O Oberkramer v. IBEW-NECA Service Center, Inc., 151 F.3d 752 (8th Cir. 1998) (state law claim of anti-gay discrimination preempted by collective bargaining agreementþs arbitration requirement). 127 Oncale v. Sundowner Offshore Services, Inc., 118 S.Ct. 998 (1998) (plaintiff has a right to sue for sexual harassment under Title VII of the Civil Rights Act of 1964, regardless of the harasserþs sex or sexual orientation). 50, 73 170 West 85 Street HDFC v. Jones, 673 N.Y.S.2d 830 (N.Y. Co. Civ. Ct. 1998) (eviction of gay life partner is not valid). 56 Opinions of the Justices to the House of Representatives, 696 N.E.2d 502 (Mass. 1998) (approval to City of Boston to provide domestic partner benefits to its employees). 106 Owens v. OþDea, 149 F.3d 1184 (6th Cir. 1998) (unpublished disposition, text at 1998 WL 344063 (6th Cir. June 19, 1998) (ruled against a claim by prisoner that HIV care in prison violated statutory and constitutional rights). 118 Ozer v. Borquez, 940 P.2d 371 (Colo. 1997) (state law prohibiting discrimination based on off- duty conduct covered a gay manþs HIV+ domestic partner) P P.F. v. Mendres, 21 F.Supp.2d 476 (D.N.J 1998) (no dismissal for Deputy Director of Youth and Family Services who claimed qualified immunity against suit for revealing the HIV status of two children). Parents United for Better Schools, Inc. V. School District of Philadelphia Board of Education, 148 F.3d 260 (3d Cir. 1998) (allowed continuation of a public high school condom distribution program). 139 Parker v. Metropolitan Life Insurance Co., 121 F.3d 1006 (6th Cir. 1997) (ADA was not intended to regulate insurance policies). 25 Parra v. John Alden Life Ins. Co., 22 F.Supp.2d 1360 (S.D.Fla. 1998) (denied Parraþs claim that insurance company violated Florida Statute that provides that "no insurer shall cancel or nonrenew the health insurance policy of any insured because of diagnosis or treatment of HIV infection or AIDS;þ ERISA preemption mandates dismissal of benefits claim). 143 Pavesich v. New England Life Insurance Co., 50 S.E. 68 (Ga. 1905) (first Georgia decision to find that a constitutional right of privacy is implied by a general guarantee of due process of law). 181 Pendergist v. Pendergrass, 961 S.W.2d 919 (Mo. Ct. App. 1998) (issue of first impression-- plaintiffs must prove actual exposure to HIV in order to claim emotional distress damages based on fear of contracting AIDS as a matter of law). 43 Pennsylvania Department of Corrections v. Yeskey, 118 S.Ct. 1952 (1998) (ADA applies to programs and activities afforded to the inmates of state and local prisons). 117 People v. Breck, 584 N.W.2d 602 (Mich. Ct. App. 1998) (held that the ability of a mentally incapable person to appraise the nature of his or her sexual conduct is not limited to the mechanics thereof, but also to the morality of the conduct). 185 People v. Caird, 73 Cal.Rptr.2d 799 (Cal. Ct. App.1998) (affirmed lower court decision to order an HIV test upon the conviction of Caird on a child molestation charge). 79 People v. Easley, 42 N.Y.2d 50 (N.Y.1977) (held that understanding of sexual act encompasses more than a knowledge of physiological nature by including an appreciation of social and moral context). 186 People v. Hinzmann and Thompson, 677 N.Y.S.2d 440 (N.Y.Crim.Ct. 1998) (adopted a broad reading of stateþs prostitution law while denying motion to dismiss). 130 People v. Jensen, 564 N.W. 2d 192 (Mich. Ct. App. 1997), judgment vacated and appeal denied in part, 575 N.W.2d 552 (Mich. 1998), on remand 586 N.W.2d 748 (Mich. Ct. App. 1998) (upheld as constitutional stateþs AIDS and HIV disclosure law which criminalized non- disclosure or HIV+ status to consensual sexual partners). 158 People v. Keller, 667 N.Y.S.2d 814 (N.Y.App.Div. 1998) (upheld murder conviction of man who killed a gay man in bias attack). 21 People v. Khonsavanh, 79 Cal. Rptr. 2d 80 (Cal. Ct. App. 1998) (held that juvenile convicted of felony and sentenced to confinement could not order AIDS testing as a matter of judicial discretion absent presence of a statutory basis for such testing). 196 People v. Stevens, 91 N.Y.2d 270 (N.Y. 1998) (sex crime convicts who were originally convicted prior to the passage of N.Y.þs Meganþs Law could not directly appeal decisions about their status under the notification requirements that were made after the law went into effect). 37 People of the Territory of Guam v. Shymanovitz, 157 F.3d 1154 (9th Cir. 1998) (reversed multiple counts of criminal sexual conduct with minors because of prejudicial admission of testimony concerning possession of sexually explicit gay adult magazines). 151 Pfullman v. Texas Department of Transportation, 24 F.Supp.2d 707 (W.D.Tex. 1998) (summary judgment for defendant in same-sex sexual harassment case). 189 Philips v. Perry, 883 F.Supp. 539 (W.D.Wash. 1995), aff'd, 106 F.3d 1420 (9th Cir. 1997) (military policy of discharging homosexuals is constitutional). 2 Phillips v. United States, 49 M.J. 521 (C.M.A. 1998) (upheld court martial conviction and discharge of Phillips on charges that he engaged in a sham marriage with a lesbian in order to live off-base with his gay male lover). 187 Piatt v. Piatt, 499 S.E.2d 567 (Va. Ct. App. 1998) (ruled against woman in lesbian relationship in her effort to obtain primary physical custody of her child). 88 Picado v. Bryant, (Chan. Ct. May 29, 1998) (motion to dismiss the pending challenge against the constitutionality of the stateþs sodomy law). 93 Pitcherskaia v. Immigration and Naturalization Service, 118 F.3d 641 (9th Cir. 1997) (Russian lesbianþs claim for asylum should not have been rejected based on a theory that her Russian oppressors believed they were curing her of homosexuality by demanding that she submit to psychiatric treatment). 113 Playford v. Phelps Memorial Hospital Center, 665 N.Y.S.2d 1017 (N.Y. Sup. Ct. Westchester Cty. 1997); revþd 680 N.Y.S.2d 267 (N.Y. App. Div. 1998) (statute of limitations for ordinary negligence cases also apply to a claim that defendant hospital wrongly gave incorrect HIV-test results). 13 Plumley v. Landmark Chevrolet, Inc., 122 F.3d 308 (5th Cir. 1997) (calling a person 'faggot' is per se defamation because it connotes the misdemeanor crime of sodomy). 3 Polanco v. Dworzack, 25 F.Supp.2d 148 (W.D.N.Y. 1998) (held that HIV+ state prison inmate did not have a constitutional right to his medical treatment of choice). 195 Polite v. Barbarin, 1998 WL 146687 (S.D.N.Y. Mar. 25, 1998) (not reported in F. Supp.) (refused to grant defendantþs motion for judgment based on the proceedings in a case involving extreme prisoner brutality and possible anti-gay bias by correction officials).73 Pollock, Susan Marie aka Mark Lee Pollock v. Anthony Brigano, 1998 WL 778352 (Ohio Ct. App. Nov. 9, 1998) (not reported n N.E.2d) (upheld dismissal of a preoperative transsexual inmateþs pro se civil rights complaint). 188 Powell v. State, 1998 WL 804568 (Ga. Nov. 23, 1998) (ruled that stateþs felony sodomy law violated Georgiaþs constitutional right of privacy) 181 Price v. Delta Airlines, 5 F.Supp.2d 226 (D. Vt. 1998) (mother is entitled to a trial of various claims stemming from an airlineþs decision to put PWA off a plane). 143 Prilliman v. United Air Lines, Inc., 53 Cal.App. 4th 935, 62 Cal. Rptr.2d 142 (Cal. Ct. App. 1997) (plaintiffþs statement that he was unable to perform the job functions could have referred to the job as he knew it when his disability was not being reasonably accommodated). 80 Provencher v. CVS Pharmacy, 145 F.3d 5 (1st Cir. 1998) (upheld a jury verdict in favor of a gay man who claimed that he suffered unlawful retaliation under Title VII after having filed a sexual harassment claim against his employer). 87 Pulliam v. Smith, 501 S.E.2d 898 (N.C. 1998) (child custody transferred from gay father to straight mother). 126 Q Quark, Inc. V. Harley, 141 F.3d 1185 (10th Cir.1998) (in an unpublished disposition, approved trial judgeþs decision to keep from the jury any evidence that the defendant in a civil action had a homosexual relationship with a person who was allied in interest in a prior proceeding against the plaintiff). 69 Quilter and Pearl et al. V. The Attorney General, No. CA 200/96 (New Zealand Court of Appeals holding against 3 lesbian couples who sued for marriage licenses). 7 R R. v. Cuerrier, (S. Ct. Canada) (1998) (non-disclosure of HIV+ status before consensual unprotected intercourse was criminalized). 157 R. v. M., 98 C.C.C.3d 481 (1995) (Ontario Court of Appeals struck down a higher age of consent for anal intercourse). 174 R. v. Roy, 1998 CCC Lexis 455, 125 C.C.C. 3d 442 (English Translation) (C.A. Apr. 15, 1998) (Quebec, Canada Court of Appeals struck down a higher age of consent for anal intercourse). 174 R., In the Interest of Micah Alyn, 504 S.E.2d 635 (W.Va. 1998) (reversed circuit courtþs final termination of parental rights of AIDS-stricken mother). 159 Ralph v. Lucent Technologies, 135 F.3d 166 (1st Cir. 1998) (upheld a preliminary injunction reinstating an ADA plaintiff, allowing his claims to go to trial in a case involving same-sex harassment and disability discrimination). 34 Ramos-Padro v. Commonwealth of Puerto Rico, Civ. No. 95-1770 (D.P.R. Sept. 30, 1998) (struck down statute that made it a grave offense for officers of the Puerto Rico Police Department to associate with homosexuals). 168 Randall v. Orange County Council, Boy Scouts of America, 952 P.2d 261 (Cal. 1998) (BSA is not a business establishment within the meaning prescribed under the Unruh Civil Rights Act of 1964). 51 Rasmussen v. Copeland Lumber Yards, Inc., 988 F.Supp. 1294 (D. Nev. 1997) (denying defense summary judgment motion in Title VII same-sex harassment case). 5 Rasmussen v. Rasmussen, 1997 WL 764467 (Tenn. Ct. App. Dec. 12, 1997) (not reported in S.W.2d) (remanding case that awarded father custody because ex-wife had a lesbian relationship). 4 Raum v. Restaurant Associates, Inc., 675 N.Y.S.2d 343 (N.Y. App. Div. 1998) (individuals not related by marriage, other than certain blood relatives, may not sue for wrongful death). 106 Ravin v. State, 537 P.2d 494 (Alaska 1974) (private possession of marijuana in the home is not a fundamental right). 49 Raymond v. New York City Health & Hospitals Corp., N.Y.L.J. at 29, col. 1 (July 9, 1998) (HIV transmission suit alleging negligence in screening donated blood filed 19 months after the transfusion was timely due to another statute establishing a þdiscoveryþ rule for accrual in negligence suits). 121 Reichle v. Walsh Offshore, Inc., 1997 WL 728104 (E.D.La. Nov. 20, 1997) (not reported in F. Supp.) (dismissing the claim of an HIV+ person claiming wrongful determination under the ADA). 12 REM v. SLV, (N.J. Super. Ct. Nov. 2, 1998) (granted joint legal custody to a non-biological lesbian parent). 184 Remmel v. Gwadosky, No. AP-97-112 (Me. 1997) (Judge order adversely deciding all questions raised by petitioners regarding validity of signatures on ballots for referendum on gay rights law in Maine). 6 Reno v. Baird, 957 P.2d 1333 (Ca. 1998) (discrimination claims under the stateþs Fair Employment and Housing Act may not be asserted against supervisory employees as individual defendants, but only against the employer entity). 131 Reproductive Rights Network v. President of the University of Massachusetts, 699 N.E.2d 829 (Mass. App. Ct. 1998) (because the action violated the stateþs constitution and civil rights law, administrators could not close down a university building to prevent a group from organizing a demonstration in support of gay rights, AIDS education, and reproductive rights).153 Rashawn, Atreyu G., In re, 679 N.Y.S.2d 129 (N.Y. App. Div. 1998) (affirmed order terminating parental rights to HIV+ child on grounds of neglect). 197 Reynolds v. Highland Manor, Inc., 954 P.2d 11 (Kan. Ct. App. 1998) (upholding summary judgment in AIDS phobia case in which woman sued for þnegligent infliction of emotional distressþ after she picked up a used condom in her motel room). 44 Rhone-Poulenc Rorer Pharmaceuticals, Inc. Matter of, 138 F.3d 695 (7th Cir. 1998) (rejected attempt to overturn an order to limit defense expert witnesses to 24 in multi-district litigation over liability for HIV transmission via blood products). 61 Rish v. Johnson, 131 F.3d 1092 (4th Cir. 1997) (finding qualified immunity against prisoner suit on HIV risks). 9 In re Rivera, 627 N.Y.S.2d 241 (N.Y. Sup. Ct. Bronx Cty. 1995) (absent fraud or other improper purpose, a person has a right to a name change). 20 Rivera v. Sheahan, 1998 WL 531875 (N.D.Ill. Aug. 14, 1998) (slip copy) (denied motion to dismiss 14th and 8th amendment claims relating to denial of medical treatment claims during confinement in Sheriffþs custody). 142 Robinson v. California, 370 U.S. 660 (1962) (court struck down a CA drug statute which made it an offense to be an addict in CA, the statute under challenge required more than mere status for a violation). 11 Roe v. City of Milwaukee, 26 F.Supp.2d 1119 (E.D.Wis. 1998) (refused to dismiss claim that the city may have violated the rights of an HIV+ person when police officers placed a sign on his jail cell stating HIV+ inmate). 195 Roe v. Butterworth, 129 F.3d 1221 (11th Cir. 1997), cert. denied, 118 S.Ct.1309 (1998) (affirming federal district court ruling that Florida law criminalizing prostitution does not violate any federal constitutional rights). 75 Romer v. Evans, 517 U.S. 620 (1996) (struck down Coloradoþs Amendment 2 which would have voided existing gay rights and prohibited the enactment of new ones anywhere in the state). 31, 37, 66, 69 Rosenberger v. Rector and Visitors of the University of Virginia, 515 U.S. 819 (1995) (upheld action against university challenging denial of funds from fund created by university to make payments to outside contractors for printing costs of student groups publications).125 Rowland v. Mad River Local District, 730 F.2d 444 (6th Cir. 1984), cert. denied, 470 U.S. 1009, reh. denied, 471 U.S. 1062 (1985) (school districtþs non-renewal of gay teacherþs contract was constitutional). 85, 182 Rudolf Nureyev Dance Foundation v. Noureeva-Francois, 118 S.Ct. 1952 (1998) (upheld testamentary and inter vivos dispositions of assets by Nureyev against a challenge brought by surviving relatives). 117 S S. Barbara v. County of Nassau, N.Y.L.J. at 31, col. 1 (Feb. 9, 1998) (granting partial summary judgment to defendants on a claim of fear of contracting AIDS as a result of an alleged needle stick accident). 45 Sanchez v. Lagoudakis, 581 N.W.2d 257 (Mich. 1998) (restaurant owner can suspend a waitress who is rumored to have AIDS until waitress provides medical certification that she does not suffer from STD that can endanger customers). 138 Santa Rosa Health Care Corp. V. Garcia, 964 S.W.2d 940 (Tex. 1998) (defendant had no duty to warn Garcia that her husband may have been exposed to HIV). 78 Sardinia v. Dellwood Foods, Inc., 69 Fair Emp. Prac. Cases (BNA) 705 (S.D.N.Y. 1995) (cases that reject same-sex harassment are not valid). 35 Schaefer v. City & County of Denver, 1998 WL 722603 (Colo. Ct. App. Oct. 15, 1998) (rejected challenge to Denverþs adoption of a domestic partner benefit plan for same-sex partners of municipal employees). 171 Schieben v. Heartland Blood Centers of Aurora, Lisa Black, $500,000 Settles HIV-tainted-blood Suit, Chicago Tribune at 4 (June 11, 1998) (1998 WL 2865481) (77 year-old woman settles claim for contracting HIV from tainted blood transfusion). 121 School Board of Nassau County, Florida v. Arline, 480 U.S. 273 (1987) (noting Supreme Courtþs dictum that courts should defer to public health authorities in cases requiring the exercise of medical judgments). 9, 137 Schott v. St. Charles Hospital, 672 N.Y.S.2d 393 (N.Y.App.Div. 1998) (woman who was accidentally pricked by a needle at a hospital failed to sustain her cause of action for negligent infliction of emotional distress based on her fear of contracting AIDS). 97 Schuler v. McGraw-Hill Companies, Inc., 989 F.Supp. 1377 (D.N.M. 1997), affþd, (145 F.3d 1346 (table)) (10th Cir. 1998) (upholding a decision by the district court in N.M. to dismiss an action by a post-operative transsexual against Business Week magazine for a 1994 article which referred to the plaintiffþs personal history as part of an investigative report on certain marketing practices in the securities industry).74 Scott v. Norfolk Southern Corp., 153 F.3d 722, 1998 WL 387192 (4th Cir. June 24, 1998) (unpublished disposition) (revived retaliation claim as part of a same-sex harassment lawsuit under title VII of the Civil Rights Act in light of Oncale). 131 Shahar v. Bowers, 114 F.3d 1097 (11th Cir.), cert. denied, 118 S.Ct. 693 (1997) (Attorney General can refuse to employ a lesbian attorney who was to marry her partner). 17, 182 Sheffield & Horsham v. United Kingdom (www.dhcour.coe.fr) (UKþs refusal to amend the birth certificates of two post-op transsexual women did not violate articles 8, 12, and 14 of the European Convention on Human Rights). 156 Sheils v. Univ. of Pennsylvania Medical Center, 1998 WL 134220 (E.D.Pa., Mar. 24, 1998) (Not reported in F.Supp.) (Granted medical centerþs motion to dismiss an infertile coupleþs challenge to fertility programþs screening procedures). 83 Schochet v. State, 580 A.2d 176 (Md. 1990) (challenge to what remains of stateþs sodomy law). 168 Siegert v. Gilley, 500 U.S. 226 (1991) (court is required to decide whether a þviolation of a clearly established constitutional rightþ has been alleged at all). 78 Silver v. Starrett, 674 N.Y.S.2d 915 (N.Y. Sup. Ct.1998) (separation agreement negotiated by a lesbian couple to terminate their relationship was an enforceable contract, rejecting arguments of duress and lack of consideration). 71 Singer v. Hara, 522 P.2d 1187 (Wash. Ct. App. 1974) (state marriage law did not discriminate on the basis of sex). 1 Smith v. Belle Bonfils Memorial Blood Center, 1998 WL 684332 (Col. Ct. App. Sept. 3, 1998) (affirmed summary judgment denying the admissibility of scientific evidence by a plaintiff infected with AIDS by transfusion). 178 Smith v. Gardner Merchant Ltd., 3 All E.R. 852 (C.A. 1998) (unamended Sex Discrimination Act 1975 can apply to the dismissal of a gay or lesbian employee-- on narrow ground that gay applicant alleged that he had been treated more harshly than a lesbian employee would have been). 136 Smith v. Midland Brake, Inc., 138 F.3d 1304 (10th Cir. 1998) (if employees cannot perform their jobs due to a disability even with reasonable accommodation, they are not qualified for protection under the act). 82 Smith v. Palmer, 24 F.Supp.2d 955 (N.D. Iowa 1998) (ruled that pre-op transsexual had the right to proceed with a 42 U.S.C. sec. 1983 suit against the State of Iowa for denying Medicaid benefits for sex reassignment surgery). 187 Smith v. Regents of the University of California, 844 P.2d 500 (Cal. 1993), cert. denied, 510 U.S. 863 (1993) (Regents would be required to provide partial refund to those students objecting to use of their fees for political and ideological activities). 125 Smith v. State, 508 S.E.2d 145 (Ga. 1998) (rejected claim that trial court erred by allowing a prosecutor to introduce evidence of anti-gay modus operandi in murder trial). 184 Solomon v. North American Life & Casualty Insurance Co., 151 F.3d 1132 (9th Cir. 1998) (rejected PWAþs challenge to the cancellation of a group life insurance program in which he was a participant). 139 Southworth v. Grebe, 151 F.3d 717 (7th Cir. 1998) en banc reh. denied, (7th Cir. 1998) (University violates 1st Amendment by distributing activity fees to politically-oriented student groups over objections of certain students). 125, 183 Spruce v. Sargent, 149 F.3d 783 (8th Cir. 1998) (district judge erred in granting judgment as a matter of law in favor of a prison warden on a claim that a prisonerþs 8th amendment rights were violated). 117 State v. Bird, 692 N.E.2d 1013 (Ohio 1998) (HIV+ man is guilty of felonious assault with a deadly weapon after spitting in the face of a police officer). 95 State v. Bowens, 964 S.W.2d 232 (Mo.App. 1998) (affirmed criminal conviction under a state statute which penalizes the creation of a risk of HIV infection). 60 State v. Cooper, 949 P.2d 660 (N.M. 1997) (HIV+ gay man who murdered another gay man deserved a redetermination of sentencing). 10 State v. Fowler, 1997 WL 779116 (Tenn. Crim. App. Dec. 17, 1997) (slip copy) (reversing attempted rape charge brought against gay man). 5 State v. Hammons, 1997 WL 779085 (Ohio Ct. App. Dec. 15, 1997) (slip copy) (vacating sentence of HIV+ man convicted of rape and kidnaping because of errors). 12 State v. Johnson, 964 P.2d 675 (Idaho Ct. App. 1998) (ruled that expert testimony did not support an order that a criminal defendant be tested for HIV and HBV after he bit a police officer on the leg). 160 State v. Machholz, 574 N.W.2d 415 (Minn. 1998) (harassment law unconstitutional in anti-gay hate speech case). 18 State v. Mahan, 971 S.W.2d 307 (Mo. 1998) (convictions affirmed on appeal for creating a grave and unjustifiable risk of infecting another with HIV). 119 State v. Mallan, 950 P.2d 178 (Haw. 1998) (Hawaii Constitutionþs right of privacy does not include the right to possess and use marijuana). 37 State v. McAfee, 385 S.E.2d 651 (Ga. 1989) (right to be let alone so long as one was not interfering with the rights of other individuals or of the public under the Georgia Constitution includes the right of a state prisoner to refuse food and medical treatment). 181 State v. Morales, 869 S.W.2d 941 (Tex. 1994) (held that ruling on constitutionality of state sodomy law would have to come from the Court of Criminal appeals in an actual prosecution). 182 State v. Perez, 1998 WL 684318 (Colo. Ct. App. Sept. 3, 1998) (overturned HIV+ manþs conviction for þattempted extreme indifference murderþ who had unprotected sex with his step- daughter). 162 State v. Phelps, 967 P.2d 304 (Ka. 1998) (held that district court erred in dismissing a disorderly conduct charge against anti-gay reverend). 185 State v. Powell, Bill Rankin, Ga. Sodomy Law Challenged, The Atlanta Constitution, May 18, 1998, at C4, col. 4. (challenge to stateþs felony sodomy laws involving 29-year-old man who had consensual oral sex with his seventeen-year-old niece). 93 State v. Reeves, 715 So.2d 1291 (La. Ct. App. 1998) (trial court committed harmless error when it admitted contested evidence in which murder defendant Reeves had stated he killed Davis because he made unwanted homosexual advances toward him). 132 State v. Serrano, 715 So.2d 602 (La. Ct. App. 1998) (affirmed conviction under a state statute criminalizing knowing transmission of the þAIDSþ virus, finding the statute not unconstitutionally vague). 140 State v. Young, 1998 WL 258466 (Tenn. Crim. App. May 22, 1998) (slip copy) (ruled that trial concerning a þrough sexþ death had so many erroneous rulings that a new trial was necessary). 88 Stemler v. City of Florence, 126 F.3d 856 (6th Cir. 1997) (state court determination that officers had probable cause to arrest plaintiff motorist collaterally estopped her from raising false arrest claim in federal court). 85 Storrs v. Holcomb, 666 N.Y.S.2d 835 (N.Y. App. Div. 1997) (same-sex couple sued the wrong defendant and dismissed their appeal of a marriage license suit). 1 Stringfellowþs of New York v. City of New York, 694 N.E.2d 407 (N.Y. 1998) (New York City ordinance intended to sharply reduce the presence of sex-related businesses in many neighborhoods does not violate the constitutional right of freedom of expression). 32 Suggs v. Pan American Life Ins. Co., 847 F. Supp. 1324 (S.D.Miss. 1994) (ERISA preemption mandates dismissal of benefits claim). 143 Sutton v. United Air Lines, Inc., 130 F.3d 893 (10th Cir. 1997) (pilotþs vision did not impair a þmajor life activityþ since the condition was correctable by glasses). 82 Swanks v. Washington Metropolitan Area Transit Authority, 116 F.3d 582 (D.C. Cir. 1997) (ruled that receiving disability benefits does not disqualify somebody from ADA protection). 176 Sweet v. The Utter Co., 1998 WL 551967 (Conn. Super. Ct. Aug. 20, 1998) (publication of an advertisement that a dentist specialized in treating patients with HIV was not libel per se). 161 Swidler & Berlin v. U.S., 118 S. Ct. 2081 (1998) (even after death, client confidentiality about sexual matters exists and lawyers cannot be expected to testify about substance of those confidences in later court proceedings). 114 T T.K.T. v. F.P.T., 1998 WL 45316 (Ala.Civ.App. Feb. 6, 1998) (slip copy) (upheld lower court decision to restrict visitation rights of homosexual father by basing same on fatherþs admitted homosexuality). 33 Talbot v. United States, 40 Fed.Cl. 801 (Fed. Cl. 1998) (dismissed case alleging that the Army improperly discharged a gay man from the Reserves and sought repayment of his ROTC scholarships for lack of jurisdiction). 89 Tanner v. Oregon Health Sciences University, 1996 WL 585547 (Or.Cir. Multnomah Co. Aug. 8, 1996) (not reported in P.2d) (On-going lawsuit seeking domestic partner benefits for state employees). 75 Tarver v. Calex Corp., 1998 WL 74378 (Ohio Ct. App. Jan. 29, 1998) (slip copy) (a claim for hostile environment same-sex workplace harassment may be brought under the sex discrimination provision of the stateþs human rights law). 35 Tennessee v. Pipkin, 1997 WL 749430 (Tenn. Crim. App. Dec. 4, 1997) (not reported in S.W.2d) (HIV+ test justifies enhanced sentencing in rape of child). 12 Terminello v. Chicago, 337 U.S. 1 (1949) (articulating the two prong test for protected speech). 18 Thomas v. Thomas, 130 S.E.2d 871 (N.C. 1963) (modification of custody must be based on a change of circumstances which adversely affects the child). 126 Thorne v. U.S. Department of Defense, dismissed, 945 F.Supp. 924 (E.D.Va. 1996); affþd 139 F.3d 893; cert. denied, 119 S.Ct. 371 (1998) (constitutionality of the þdonþt ask, donþt tellþ military policy). 167 Tokar v. Bowersox, 1 F.Supp.2d 986 (E.D.Mo. 1998) (denied petition for writ of habeas corpus by plaintiff who was convicted of murder; Tokar claimed that trial court erred by allowing a fellow petitioner to testify about a statement Tokar had made in jail concerning his HIV status). 62 Tolman v. Doe, 988 F.Supp. 582 (E.D.Va. 1997) (doctor was defamed by his partner who revealed his HIV status to his patients). 9 Town of Islip v. Caviglia, 73 N.Y.2d 544 (1989) (zoning regulations relegating sex-related businesses to non-residential neighborhoods did not violate constitutional right to freedom of expression). 32 Turner v. Safley, 482 U.S. 78 (1987) (prison regulations must be reasonably related to a legitimate penological interest). 152 245 Realty Associates v. Sussis, 673 N.Y.S.2d 635 (N.Y. App. Div. 1998) (tenant succession case under NY rent regulations that the prevailing successor to the lease should have been awarded attorney fees in a successorship dispute with the landlord). 93 U United States v. Barrows, 48 M.J. 783 (Army Ct.Crim.App. 1998) (affirmed conviction for violation of a safe-sex order and engaging in unprotected intercourse with several women while under the order). 144 United States v. Blarek and Pellecchia, 7 F.Supp.2d 192 (E.D.N.Y. 1998) (reduced sentences in money laundering case because of danger to homosexuals in prison). 92 United States v. Bautista, 145 F.3d 1140 (10th Cir. 1998) (ruled that a trial court had correctly excluded evidence that the victim of a murder was gay and had made sexual advances toward a friend of the defendant). 87 United States v. Cannabis Cultivators Club, 5 F. Supp.2d 1086 (N.D. Cal. 1998) (issuing injunction against growing and distributing marijuana for medical use). 98 United States v. Dinkel, 1998 WL 764070 (C.M.A. Sept. 15, 1998) (unpublished disposition, not to be considered precedent) (upheld discharge of captain for having oral sex with a corporal in his bedroom). 188 United States v. Happy Time Day Care Center, 6 F. Supp.2d 1073 (W.D. Wis. 1998) (denied motion for summary judgment by 3 day care centers that are charged with violating ADA Title III (public accommodations) by discriminating against an HIV+ child). 96 United States v. Neufeld, 149 F.3d 1185 (6th Cir. 1998) (published text 1998 WL 320985) (affirms new Medicaid fraud trial for former gay lovers). 110 United States v. Petersen, 25 F.Supp.2d 1021 (D. Neb. 1996) (no entitlement to downward departure from federal sentencing guidelines because Petersen was not a slightly built gay man who would be subject to abuse in prison).153 United States v. Ruff, 998 F.Supp. 1351 (M.D.Ala. 1998) (found credible evidence for a downward departure in the sentencing of a petite HIV+ gay man þwith somewhat effeminate mannerismsþ on account of the risk of victimization in prison).73 United States v. Shasky, 939 F. Supp. 695 (D. Neb. 1996) (gay state trooper who was diminutive in stature and weight, and therefore unusually susceptible to abuse in prison, was entitled to downward departure from federal sentencing guidelines). 153 United States v. Wilke, 995 F.Supp. 828 (N.D.Ill. 1998) rem. for resentencing, 156 F.3d 749 (ordering a downward departure from federal sentencing guidelines for a gay man who pled guilty of sending in interstate commerce a videotape depicting minors engaged in sexually explicit conduct). 34 Urofsky v. Allen, 995 F.Supp. 634 (E.D.Va. 1998) (overturning VA state law that intended to restrict state employee access to sexually explicit material on state-owned computers). 54 Utley v. State of Indiana, 699 N.E.2d 723 (Ind. Ct. App. 1998) (upheld a conviction for failure to stop and remain at the scene of an accident despite protest from Utley that admission of evidence of his sexual orientation unfairly prejudiced the jury). 152 V V.C. v. M.B., Associated Press, Sept. 23, 1998 (N.J. Super. Ct. Sept. 23, 1998) (rejection of lesbian co-parentþs attempt to secure joint custody and visitation rights with the children she had been raising with her former partner). 154 Vecchione v. Vecchione, Associated Press, Nov. 26, 1997 (Cal.Super.Ct. Nov. 25, 1997) (woman could not obtain an annulment after husband became a transsexual). 6 Vriend v. Alberta, File No. 25285 (available on the WWW at http://www.droit.umontreal.ca/doc/csc-scc/en/rec/html) (Alberta legislatureþs failure to include sexual orientation in its anti-discrimination legislation violates 15(1) of the Canadian Charter of Rights and Freedoms, and that the appropriate remedy is the þreading inþ of sexual orientation into the Alberta legislation with immediate effect). 65 W In re W., a minor (Adoption: Homosexual Adopter), decided Feb. 25-26, 1997, and reported in The Weekly Law Reports on October 24, 1997, court could entertain the application of a local authority to free a child for adoption by a lesbian co-habitating in a homosexual relationship). 7 Walker v. Allen Parish Health Unit, 711 So.2d 734 (La. Ct. App. 1998) (affirmed dismissal of an emotional distress claim brought by Lori and Marlan Walker, premised on negligence of defendant that led to their infant son suffering a needle prick in the hospitalþs waiting room). 80 Weaver v. Nebo School District, C.D.Utah (Nov. 25, 1998) (granted summary judgment, ordered reinstatement of lesbian teacher, and struck down an attempt by the district to impose a ban on her public discussion of her sexual orientation). 182 Weber v. Community Teamwork, Inc., Andrea Estes, Lesbian Awarded $906g in Bias Suit over Firing, Boston Herald, July 28, 1998, at 5. (agency discriminated against lesbian by terminating her). 132 Whalen v. Roe, 429 U.S. 589 (1978) (recognized that the Constitution protects þthe individual interest in avoiding disclosure of personal mattersþ by government officials). 120 White v. Martin, 23 F.Supp.2d 203 (D. Conn. 1998) (dismissed a sexual orientation employment discrimination complaint against the American Red Cross). 170 Wilcox v. Dome Railway Services, 987 F. Supp. 682 (S. D. Ill. 1997) (denying defense motion for summary judgment in Title VII same-sex harassment claim). 5 Wilcox v. Trautz, 693 N.E.2d 141 (Mass. 1998) (rejected a probate court decision that found a cohabitation agreement between unmarried adults unenforceable as a matter of public policy-- such an agreement would be enforceable under ordinary rules of contracts). 69 Williams v. Glendening, Civ. No. 98 036031-CC1059 (Baltimore City Circuit Court, filed Feb. 5, 1998) (suit challenging MD law which criminalizes private, consensual, non-commercial sexual intimacy between adults of the same sex, but has been held by the MD Court of Appeals to be inapplicable to the same conduct when engaged in by adults of the opposite sex) 37; 168 Willis v. WAL-Mart Stores, 504 S.E.2d 648 (W.Va. 1998) (in certified question of first impression, court recognized a cause of action for a claim of same-gender sexual harassment in a post-Oncale decision). 109 Wilson v. I-Stat Corporation, 1998 WL 57042 (E.D.La. Feb. 10, 1998) (not reported in F. Supp.) (potential liability in an AIDS-phobia case was sufficient to meet the jurisdictional requirements for diversity jurisdiction). 46 Wilson v. Wright, 948 F.Supp. 650 (E.D.Va. 1998) (Wilson had stated a potentially valid 8th amendment claim against a prison official for cell assignments in a rare instance of allowing a prisoner rape 8th amendment cast to go to trial). 56 Winkler v. City of Chicago, No. 97-C-2475 (U.S. Dist.Ct., N.D.Ill.)., (settlement announced Feb. 4 1998) (sued city for sponsoring programs administered by Boy Scouts of America as long as BSA continues to ban participation by gay people or people who do not believe in God--city will stop sponsorship according to settlement). 34 World Insurance Co. v. Branch, 966 F. Supp. 1203 (N.D.Ga. 1997), affþd and vacated in part,156 F.3d 1142 (11th Cir. 1998) (vacated ruling by district court that an attempt by an insurer to limit lifetime AIDS claims under a health insurance policy to $5k was unlawful disability discrimination under the public accommodations provisions of the ADA). 195 Wyatt v. Department of Corrections, 1998 WL 40375 (Wash. Ct. App. Feb. 3, 1998) (not reported in P.2d) (affirming decision that department of corrections and one of its officers were negligent for not preventing a supervised parolee from infecting a woman with HIV, but found no proximate cause for her damages). 44 X Y Z Zack v. Fiebert, 563 A.2d 58 (N.J.Super.Ct.App. Div. 1989) (held that where third party is able to show that they stand in the shoes of a parent in parity with natural parent, they should be accorded the same status). 185 Zant v. Prevatte, 286 S.E.2d 715 (Ga. 1982) (right to be let alone so long as one was not interfering with the rights of other individuals or of the public under the Georgia Constitution includes the right of a state prisoner to refuse food and medical treatment). 181 Zillyette v. Capital One Financial Corporation and Capital One Services, Inc., 1 F.Supp.2d 1435 (M.D. Fla. 1998) (Florida federal court rules against HIV+ employee on ADA discrimination claim). 81