1999 Lesbian/Gay Law Notes

Table of Cases: Lists Cases Mentioned in 1999 Issues of
Lesbian/Gay Law Notes or Decided in 1999.  Compiled by Arthur S.
Leonard.  

A

Abbott v. Bragdon, 163 F.3d 87 (1st Cir. 1998), cert. denied, 119
S.Ct. 1805 (1999) (dentist unlawfully discriminated against an
asymptomatic HIV+ patient by refusing treatment), on remand from,
118 S.Ct. 2196 (1998) (people with asymptomatic HIV are covered
under ADA).

Abbott Laboratories v. Alpha Therapeutic Corp., 1999 WL 6936 (7th
Cir., Jan. 11, 1999) (ruling on liability over sale of
pharmaceutical business).

ACLU v. Board of Education, Barron, Wisconsin (U.S.Dist.Ct., D.
Wis., settlement announced, Oct. 8, 1999) (settlement of action
concerning ban on gay books in school library).

ACLU v. Johnson, 194 F.3d 1149 (10th Cir., Nov. 2, 1999) (New
Mexico statute criminalizing dissemination of sexually oriented
material on Internet is unconstitutional).

ACLU v. Reno, 31 F.Supp.2d 473 (E.D. Pa. 1999), see also ACLU v.
Reno, 1998 WL 813423 (E.D. Pa. Nov. 23, 1998) (preliminarily
enjoining enforcement of Child Online Protection Act which
regulates content to prevent minors from accessing pornographic
material on the Internet).

ACLU v. Roberts, 752 P.2d 1215 (Or. 1988) (state civil rights law
bans discrimination based on the sex of any other person with
whom the individual associates.).

Adler v. Harris, N.Y.L.J. at 29, col. 6 (N.Y. City Civil Ct.,
Mar. 24, 1999) (lesbian domestic partner had succeeded to the
rent-controlled tenancy of her deceased life partner).

Aguirre v. South Texas Blood & Tissue Center,2 S.W. 3d 454
(Tex.App., San Antonio, July 21, 1999, reh. overruled, Aug. 16,
1999)(granting summary judgment for defendant in HIV transfusion
case).

Air Transportation Association v. City of San Francisco, 1999
U.S.Dist.Lexis 8747 (U.S.Dist.Ct., N.D.Cal., Wilken, J., May 27,
1999) (upholding requirement of non-economic benefits for
domestic partners of city contractor employees under S.F.
ordinance)

Albertsons, Inc. v. Kirkingburg, --S.Ct.--, 1999 WL 407456 (June
22), reversing Kirkingburg v. Albertsons Inc., 143 F.3d 1228 (9th
Cir. 1998) (Truck driver with monocular vision is not protected
as person with disability by Title I of ADA, and employer can
rely on DOT vision regulation in denying him a driver job). 

Alden v. Maine, 1999 WL 412617 (U.S.Sup.Ct., June 23) (states are
immune from individual lawsuits in their own courts on federal
statutory claims; probation officers precluded from suing their
state employer in state court for overtime pay allegedly due
pursuant to Fair Labor Standards Act).

Alliance of Lesbian, Gay, Bisexual, Transgendered, and Straight
Students v. Cohen (U.S.Dist.Ct., Vt.) (law students claim
application of Solomon Amendment to their school violates their
constitutional rights).

Altman v. Minnesota Dept. of Corrections, No. 98-CV-1075 (D.
Minn., Aug. 9, 1999) (public employer violated 1st amendment by
disciplining employees for Bible reading during a diversity
training session).

Amedure v. Jenny Jones Show (Mich. Super. Ct., May 7) (jury
verdict; television program liable for negligence resulting in
murder of talk show guest by another guest after show was taped).

Amsterdam Video v. City of New York, 146 F.3d 99 (2nd Cir. 1998),
cert. denied, 119 S.Ct. 795 (1999)(unsuccessful challenge to NYC
ordinance sharply restricting lawful locations for sexually-
oriented businesses).

Anson v. Paxson Communications Corp., 736 So.2d 1209 (Fla.App.,
4th Dist., May 5, 1999) (boy characterized on radio as a teenage
homosexual prostitute has a defamation claim against
broadcaster).

Antonucci v. Cameron, 1999 WL 793974 (Conn. Super. Ct., Sept. 24,
1999) (lesbian co-parent awarded visitation rights).

Arnie Realty Corp. v. Torres, N.Y.L.J., 6/3/99, p.27, col.6
(N.Y.Sup.Ct.,  App. Term, 1st Dep't) (respondent qualifies as
surviving family member of deceased tenant for tenancy succession
purposes, in light of Holy Union ceremony held by a priest for
the two men and instructions left concerning disposition of
insurance proceeds).

Ayotte v. Kates, 1999 WL 1063261 (Conn. Super., Nov. 3, 1999)
(Where hospital officials advised plaintiff to get HIV test after
blood exposure incident, she could seek emotional distress
damages).


B

B.T. v. Oei, 1999 NSWSC 1082 (New South Wales [Australia] Supreme
Court, Nov. 5, 1999) (doctor liable patient's wife for negligence
by failing to counsel patient to take an HIV test; wife
subsequently infected by patient).

Baby Boy T, Matter of, No. QDS 24228620 (N.Y.Surr.Ct., N.Y. Co.,
April 7, 1999), NYLJ, 5/7/99, p. 31, col. 4 (approving joint
adoption petition by gay male couple in case of first impression;
finding best interest of child supports adoption by stable,
longtime couple).

Baby Z., Adoption of, 724 A.2d 1035 (Conn. 1999) (denying co-
parent adoption petition on ground of lack of statutory
authorization).

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

Bailey v. Runyon, 167 F.3d 466 (8th Cir. 1999) (reinstating jury
verdict against U.S. Postal Service in a Title VII same-sex
sexual harassment suit). 

Baker v. Dorfman, 1999 WL 191531 (S.D.N.Y. Apr. 6, 1999)
(attorney is liable to client for lost damages in false HIV
diagnosis suit against New York City). 

Baker v. State of Vermont, 1999 WL 1211709 (Vt. Sup. Ct., Dec.
20, 1999) (Vermont Constitution's Common Benefits Clause entitles
same-sex couples to receive the same rights and benefits under
state law that married couples receive; legislature mandated
either to let same-sex couples obtain marriage licenses or to
provide an alternative measure of conferring equal rights).

Baksh v. Human Rights Commission, 711 N.E.2d 416, 238 I.. Dec.
313 (Ill.App., 1st Dist., May 7) (private dentist's office is not
a place of public accommodation under Illinois Human Rights Law).

Barese v. Clark, 1999 WL 713487 (Conn. Super., Sept. 1, 1999)
(Prosecutor immune from suit by crime victim for disclosing
defendant's suspected HIV status in courtroom proceeding).

Barker v. Sowders, 1999 WL 427170 (6th Cir., June 15, 1999)
(rejecting prisoner complaint about authorities opening his mail,
which contained confidential HIV-related information, and
spreading the information around the prison).

Bartalini v. Blockbuster Entertainment, Inc., 1999 WL 1012383
(N.D.Cal., Nov. 8, 1999) (gay employee failed to make out prima
facie case of sexual orientation discrimination in suit over
discharge).

Batall v. Apfel, 43 F.Supp.2d 353, 61 Soc. Sec. Rep. Ser. 612 
(W.D.N.Y. Apr. 9, 1999) (upholding administrative finding that
plaintiff was not entitled to additional disability benefits,
despite HIV infection and depression). 

Benavidez v. United States, 177 F.3d 927  (U.S.Ct.App., 10th
Cir., May 20) (government may be liable for medical malpractice
when Indian Health Service psychotherapist allegedly seduced
client).

Bernal-Vallejo v. Immigration and Naturalization Service, 1999 WL
980300 (1st Cir., Nov. 2, 1999) (court lacked jurisdiction under
1996 immigration act to review denial of petition for suspension
of deportation on ground of fear of persecution based on sexual
orientation in Colombia).

Bess v. Ulmer, 1999 WL 619092 (Alaska Sup. Ct., Aug. 17, 1999)
(ballot question on same-sex marriage was properly placed before
the voters).

Bibbee v. Scott, 1999 WL 1079597 (10th Cir., undated,
1999)(upholding conviction for 2nd-degree depraved mind murder
for kicking death of man in response to homosexual advance).

Biddle v. Warren General Hospital, 86 Ohio St. 3d 395, 715 N.E.2d
518 (Oh. Sup. Ct., Sept. 15, 1999) (medical records containing
HIV information covered by common law confidentiality duty).

Biggers v. Emmaus Center (Maine Hum. Rts. Comm., settlement
announced, 1/15/99) (discrimination claim by homeless HIV+ man
against shelter for denying services).

Blake v. Richardson, 1999 WL 319082 (U.D.Dist.Ct., D. Kans.,
April 1) (discriminatory treatment of gay appendectomy patient
may violate federal patient dumping law).

Bledsoe v. State of Texas (Tex.Cir.Ct., Rhea, J.) (denying motion
for temporary emergency order blocking placement of children in
gay foster homes).

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

Boswell v. Boswell, 721 A.2d 662 (Md. 1998) (any restriction of
gay parents' visitation rights would require other parent to show
actual or potential harm to the child).

Bowers v. Hardwick, 478 U.S. 186 (1986) (rejecting constitutional
privacy challenge to Georgia felony sodomy law).

Bracco v. Bear Stearns (U.S.Dist.Ct., S.D.N.Y., suit filed Oct.
1999) (sex discrimination claim premised on demand for sexual
favors by same-sex supervisor).

Bragdon v. Abbott, 118 S.Ct. 2196 (1998) (HIV+ woman has a
disability within the meaning of the Americans With Disabilities
Act).

Branch Ministries Inc. v. Internal Revenue Service, 40 F.Supp.2d
15 (D.D.C. Mar. 30, 1999) (Arkansas church loses tax-exempt
status for participating in partisan politics by running an
anti-Clinton newspaper ad). 

Braschi v. Stahl Associates, 74 N.Y.2d 201 (1989) (unmarried
domestic partners may succeed to  rent-controlled tenancy
provided that they can prove emotional and financial commitment
and interdependence). 

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 by Alaska Supreme Court, June 5,
1998; case dismissed as moot due to passage of constitutional
amendment reversing result, Oct. 1999.

Brennan v. Metropolitan Opera Association, 192 F.3d 310 (2nd
Cir., Sept. 21, 1999) (rejecting hostile environment claim by
heterosexual woman who premised claim on gay co-worker's displays
of sexually oriented materials; also rejected sex discrimination
claim premised on supervisors alleged preference for gay men in
hiring and assignments).

Brewer v. Hillard, 1999 WL 606466 (Ky. App., Aug. 13, 1999)
(affirming jury verdict for plaintiff in same-sex harassment
case).

Bridgman, Matter of (N.J.Civ.Rts.Div.) (finding probable cause of
unlawful discrimination based on complaint by transsexual).

Broussard v. State of Texas, 999 S.W. 2d 477 (Tex.App., Houston,
14th Dist., July 29, 1999, reh. Overruled Sept. 2, 1999)
(affirming conviction for indecent exposure; rejecting challenge
to admission of evidence of prior conduct of defendant in adult
bookstore).

Bryant v. Picado,996 S.W.2d 17, 338 Ark. 227 (Ark.Sup.Ct., June
24, 1999) (lesbian and gay plaintiffs could bring constitutional
challenge against state sodomy law even though they had not been
prosecuted; correct forum for challenge is circuit court rather
than chancery court, since circuit court would have jurisdiction
of a prosecution under the statute).

Bueker v. Cunningham, No. 97-DR-861 (Colorado Dist.Ct., Jefferson
Co. Mar. 7, 1999) (urging lesbian co-parents to work out an
agreement that would split visitation for in vitro-fertilized
child). 

Burris v. State of Georgia, 420 S.E.2d 582 (Fla. Dist. Ct. App.
1992) (material depicting natural and unnatural sex acts is
admissible to show bent of mind and lustful disposition). 

Buzzanca, In re the Marriage of, 61 Cal.App.4th 1410, 72 Cal.
Rptr. 2d 280 (Cal.App., 4th Dist., March 1998, rev. denied, June
10, 1998) (Where surrogate bore child who was not biologically
related to husband and wife who had contracted for the surrogacy,
court declared husband and wife to be parents, holding intent to
create child was dispositive of parental status).

C



Cady v. Bristol-Myers Squibb Co., 165 F.3d 35 (table), 1998 WL
822732 (9th Cir. Nov. 17, 1998) (unpublished disposition)
(rejected sexual harassment claim brought by gay employee).

Campbell v. Sundquist, 926 S.W.2d 250 (Tenn. Crim. App. 1996) (TN
law against oral sex is unconstitutional as applied to consenting
adults). 

Carney v. City of Shawnee, 38 F.Supp.2d 905 (D. Kan. Feb. 19,
1999) (denying summary judgment to employer in same-sex sexual
harassment case involving police officers).

Carr v. New England Medical Center and Dr. Richard Reindollar
(Mass. Commission Against Discrimination, probable cause finding,
Dec. 8, 1998) (finding probable cause that fertility clinic
unlawfully discriminated against gay man who sought to use
services to donate sperm to woman who had agreed to bear child
for him). 

Carter v. State of Mississippi, 1999 WL 1034827 (Miss. App., Nov.
16, 1999) (upholding 5 year prison sentence for HIV+ man
convicted of violating quarantine order by having sex with
another man without notifying him of HIV status).

Castro v. Apfel, 1999 WL 568022 (U.S.Ct.App., 2nd Cir., July 30,
1999) (unpublished disposition) (affirming denial of disability
benefits to healthy HIV+ man, but encouraging reapplication in
light of subsequent developments).

C.B.L., Matter of Visitation with; A.B. v. H.L., 1999 WL 1204780
(Ill. App., 1st Dist., Dec. 16, 1999) (lesbian co-parent lacks
standing to seek visitation with child).

C.C.J., Matter of Adoption of, and Z.C.G., Pa. Common Pleas Ct.,
Erie Co., Connolly, J., June 18, 1999 (denying gay male co-parent
adoption petition on ground of lack of statutory authorization).

Cerio v. N.Y.S . Div. Of Human Rights, 684 N.Y.S.2d 738 (4th
Dept. 1999) (holding that dentist reasonalby draped office before
treating HIV+ patient). 

Chelte v. Apfel, 1999 WL 1067652 (D. Mass., Nov. 24, 1999) (HIV+
woman is entitled to SSDI benefits; denial of benefits not
supported by evidence in the record).

Chicago Area Council of Boy Scouts of America v. City of Chicago
Commission on Human Relations & Richardson, No. 96 CH 03266
(Ill., Cook County Cir. Ct., Schiller, J., Aug. 12, 1999) (Scouts
anti-gay employment policy violates City Human Rights Ordinance).

Chockla v. Celebrity Cruise Lines, 47 F.Supp.2d 1365 (S.D. Fla.,
April 21) (dismissing HIV employment discrimination claim, based
on employer legitimate explanation for discharge).

Cincinnati Bar Association v. Arnold, 707 N.E.2d 1104 (Ohio 1999)
(upholding indefinite suspension of lawyer who claimed he reacted
to the stress of learning of his HIV infection by becoming a
crack addict and subsequently stealing from clients).

City of Atlanta v. Oxendine (Ga., Fulton Co. Super Ct., Shoob,
J., Sept. 22, 1999) (bench ruling) (rejecting Insurance
Commissioner's refusal to approve City of Atlanta domestic
partnership benefits program). 

City of New York v. Goldfingers, NYLJ, 2/9/99 (N.Y.Sup.Ct.,
Queens Co., 2/99) (an otherwise adult-oriented business could not
escape zoning law by admitting an occasional child the to
premises). 

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

City of New York v. Stringfellow's of New York, Ltd., 684
N.Y.S.2d 544 (N.Y.App. Div., 1st Dept. 1999) (an otherwise
adult-oriented business could not escape zoning law by admitting
an occasional child the to premises). 

Clarke v. North Central Management, 1999 WL 218557 (N.D. Ill.
Apr. 5) (granting summary judgment to defendants in HIV/AIDS
discrimination claim alleging ADA and ERISA violations). 

Cleaves v. City of Chicago, 68 F.Supp. 2d 963 (N.D. Ill., Sept.
17, amended Oct. 14, 1999) (Rejects sex discrimination claim from
heterosexual police officer denied bereavement leave to attend
funeral of fianc‚'s stepfather; claim premised on city's same-
sex-only domestic partnership policy).

Cleveland v. Policy Management Systems, 119 S.Ct. 1597 (May 24,
1999) (application for disability benefits does not necessarily
preclude suit under the ADA for disability discrimination),
reversing Cleveland v. Policy Management Systems, 120 F.3d 513
(5th Cir. 1997) (employee was judicially estopped from claiming
that she was a qualified individual with a disability under the
ADA, when she had received disability benefits after suffering a
stroke).

Clinton v. Goldsmith, 119 S.Ct. 1538  (U.S.Sup.Ct., May 17, 1999)
(President as commander-in-chief of military may discharge HIV+
officer for violating safe-sex order).

C.M.A., Matter of Petition of, to Adopt K.D.W., 1999 WL 507853
(Ill.App., 1st Dist., July 19, 1999) (granting two lesbian co-
parent adoption petitions and chastising circuit court judge for
refusing to grant petitions based on judge's personal views about
homosexuality).

Coca-Cola Bottling Co. v. Hagan, 1999 WL 1082472 (Fla.App., 5th
Dist., Dec. 3, 1999) (reversing award of emotional distress
damages in case where plaintiff mistakenly believed a used condom
was floating in bottom of her coke bottle).

Cohen v. Bliss (Cal.Super.Ct., Santa Monica Co., suit filed
12/98) (HIV employment discrimination suit).

Colin v. Board of Education of Orange County, California (U.S.
Dist. Ct., Santa Ana, suit filed Nov. 24, 1999) (challenging
refusal of school board to authorize meetings of gay/straight
student alliance at El Modena high school).

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

Commonwealth of Massachusetts v. Recinos (Mass. Super.
Ct.,settlement of HIV discrimination case against dentist,
involving fine and agreement to treat HIV+ patients, April 22).

Commonwealth of Virgina v. Anders (Va., Roanoke Cir. Ct., jury
verdict, Sept. 7, 1999) (acquitting man arrested in police sting
operation in public park for soliciting sodomy).

Concerned Citizens for Broward v. Broward County, Florida
(Fla.Cir.Ct., Broward Co., Andrews, J., April 30, 1999)
(upholding county domestic partnership ordinance).

Connors v. City of Boston, 430 Mass. 31, 1999 WL 500031 (Mass.
Sup. Jud. Ct., July 8) (Mayor of Boston exceeded authority by
issuing executive order granting domestic partnership benefit
eligibility to partners of city employees).

Crawford v. City of Chicago, 710 N.E.2d 91, 237 Ill. Dec. 668
(Ill. App. Ct. Mar. 31, 1999) (rejecting legal challenge to the
Chicago Domestic Partnership Ordinance). 

Crawford v. N.Y.C. Health and Hospitals Corp., 683 N.Y.S.2d 652
(N.Y.App.Div., 3d Dept.1999) (unanimous rejection of employer's
argument that an AIDS phobia claim was time-barred under two year
statute of limitations in New York Workers Compensation Law). 

Curry v. Morgan Stanley Dean Witter (U.S.Dist.Ct., S.D.N.Y.)
(discrimination claim filed by discharged employee whose nude
pictures appeared in gay magazine).

Curry v. Regents of the Univ. of Minnesota, 167 F.3d 420 (8th
Cir. 1999) (affirming decision preventing three student groups
from intervening in First Amendment case that involves student
activity fees). 

Cut 'N Dried Salon v. Dept. of Human Rights, 713 N.E.2d 592 (Ill.
App., June 10, 1999) (insurance company is not a place of public
accommodations under state human rights act).

Cyberspace Communications, Inc. v. Engler, 55 F.Supp.2d 737
(E.D.Mich., July 29, 1999) (preliminarily enjoined operation of
state law which criminalized using a computer or the internet to
disseminate sexually explicit material to minors; statute not
narrowly tailored to avoid impeding discussions and also violated
commerce clause).

D              

D. & Sweden v. Council, Case T-264/97 (European Ct. of First
Instance, Luxembourg) (holding that council's refusal to treat
Swedish same-sex registered partnership of Council employees as
equivalent to marriage in relation to an employee benefit did not
violate EC law). 

D.L. v. R.B.L., 741 So.2d 417 (Alabama Civ. App., July 30, 1999)
(affirmed grant of custody to wife instead of bisexual husband).

Dailey v. Dailey, 635 S.W.2d 391 (Tenn. App., 1982) (lesbian
mother who engaged in openly affectionate behavior with her
partner in front of child was denied custody).

Dale v. Boy Scouts of America, 734 A.2d 1196, 160 N.J. 562 (N.J.
Supreme Ct., Aug. 4, 1999), petition for cert. filed, Oct. 25,
1999 (Expulsion of openly-gay man from Scout leadership position
violated N.J. Law Against Discrimination's ban on sexual
orientation discrimination by places of public accommodation;
Application of LAD to Boy Scouts does not violate 1st Amendment
rights of Boy Scouts).

Dallas County Hospital Dist., In re, 1999 WL 1134633 (Tex. App.,
Dallas, Dec. 13, 1999) (not officially published) (blood donor
must submit to videotaped deposition).

Dana, Matter of, 660 N.E.2d 651, 86 N.Y.2d 651 (1995) (allowing
second parent adoption by lesbian co-parent).

Davis v. Monroe County Board of Education, 119 S.Ct. 1661
(U.S.Sup.Ct., May 24) (student-on-student sexual harassment
actionable under Title IX where school officials who knew of
problem took no reasonable action and harassment was severe
enough to deprive student of educational opportunity).

Denault v. Connecticut General Life Insurance Co., 1999 WL 549454
(Conn. Super. Ct., June 29, 1999) (rejecting sexual orientation
discrimination claim).

Derouen v. State of Louisiana, 736 So.2d 890 (La. App., 3rd Cir.,
Feb. 3, 1999) (claim of negligent handling of blood sample
resulting in false position HIV test sounds in medical
malpractice requiring submission to medical review board).

DeSantis v. Pacific Telephone, 608 F.2d 327 (9th Cir. 1979)
(private sector employment discrimination case in which sex
discrimination claims brought by gays were rejected under Title
VII and sec. 1983). 

DeThomas v. Commissioner of Social Security, 61 Soc. Sec. Rep.
Serv. 125, 1999 WL 285513 (U.S.Dist.Ct., S.D.N.Y., May 5) (New
evidence of claimant's HIV+ status justified reopening disability
benefits determination).

D.H. v. B.O., 734 A.2d 409, 1999 PA Super 149 (Pa. Super. Ct.,
June 15, 1999) (voiding order of protection issued to same-sex
partner, on ground that restrained partner's conduct was not an
"act of abuse" within meaning of statute).

D.H. v. J.H., 418 N.E.2d 286 (Ind. Ct. App. 1981) (evidence of
mother's homosexuality, standing alone without evidence of any
adverse effect upon welfare of children, would not render mother
unfit as matter of law to have custody). 

Dimmick v. Lungren, 1999 WL 111793 (N.D.Cal. Feb. 19, 1999) (slip
opinion) (suit dismissed for failure to state a claim in case
involving plaintiff wanting HIV POS vanity plate). 

District of Columbia v. Saunders (D.C. Super. Ct., Cushenberry,
J., 1999) (sentencing HIV+ man to 40 months to 10 years for
having unprotected sex with a woman without disclosing status).

Doe, In re Adoption of Jane, 1998 WL 904252 (Ohio Ct. App., Dec.
30, 1998) (slip copy) (Ohio adoption statutes must be strictly
construed against the application by a lesbian co-parent to adopt
her partner's child).

Doe v. Alarmguard (EEOC, settlement announced, Oct. 26, 1999)
(Doe claimed he was discharged when co-workers learned he was a
gay man with an HIV+ partner).

Doe v. Alpha Therapeutic Corp., 1999 WL 793788 (Mo. App., E.D.,
Div. 3, Oct. 5, 1999) (upholding jury verdict absolving
manufacturer of blood clotting medication of liability to
hemophiliacs for HIV transmission).

Doe v. City of Belleville, 118 S. Ct. 1183 (1998) (remand of
sexual harassment case for reconsideration under Oncale).

Doe v. City of New York, 15 F.3d 264 (2d Cir. 1994) (individuals
have a constitutionally protected privacy interest in information
about their HIV status). 

Doe v. City of New York (Sup. Ct., N.Y. Co., Goodman, J., Nov.
16, 1999) (city is obligated to provide shelter to people with
HIV/AIDS and may not place them on waiting lists).

Doe v. Community Health Plan-Kaiser Corp., N.Y.L.J. at 1, col. 3
(N.Y.Sup.Ct., Albany Co., Apr. 22, 1999) (existing law does not
give closeted lesbian plaintiff a claim against insurance company
for outing her). 

Doe v. County of Centre, 60 F.Supp. 2d 417 (M.D. Pa., McClure,
J., Aug. 30, 1999) (upholds policy requiring that prospective
adoptive parents be told the HIV status of prospective adoptive
children).

Doe v. DeFava, No. 99-4037 (Mass. Super. Ct., Middlesex Co., Oct.
28, 1999) (state police violated plaintiff's rights by attempting
to ban him from using highway rest areas).

Doe v. Doe (S. Car. Cir. Ct., York Co., Greer, J., May 12) ($5
million damage award against HIV+ man who intentionally infected
woman).

Doe v. Lepley, 185 F.R.D. 605 (D. Nev., April 26, 1999)
(plaintiff in sexual harassment case with gay undertones not
entitled to proceed anonymously).

Doe v. Michigan Department of Corrections,601 N.W.2d 696 (Mich.
App., June 25, 1999; vacated July 9, 1999; released for
publication, Oct. 8, 1999) (reluctantly revives disability
discrimination claim brought by prisoner under the state
disability discrimination law).

Doe v. Mutual of Omaha Insurance Company, 179 F.3d 557 (7th Cir.,
June 2), reversing No. 98-C-325 (N.D.Ill., Dec. 2, 1998) (not
officially published), petition for en banc review denied by tie
vote, petition for certiorari pending. (Title III of ADA does not
apply to substantive terms of health insurance policies; HIV-caps
do not violate ADA, so long as insurer is willing to sell general
health insurance policies to HIV+ applicants).

Doe v. Noe, 707 N.E.2d 588 (Ill. Ct. App. 1998) (prima facie
claims for negligent infliction of emotional distress must allege
actual exposure to AIDS in fear of exposure cases). 

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

Dollinger v. State Insurance Fund, 44 F.Supp.2d 467
(U.S.Dist.Ct., N.D.N.Y. Apr. 19) (rejecting motion to dismiss
HIV/AIDS discrimination claim). 

Donovan v. Adirondack Council of Girl Scouts of America (N.Y.S.
Div. Hum. Rts., settlement announced, Nov. 17, 1999) (settlement
of claim of discriminatory exclusion of HIV+ girl).

Dorsey v. Palmer, 1999 WL 777452 (U.S.Ct.App., 6th Cir., Sept.
16, 1999) (gay man assaulted in prison failed to show deliberate
indifference to his plight by prison authorities, thus failed in
8th Amendment claim).

Dumas v. Town of Dudley, Massachusetts (Mass. Comm. Against
Discrim., finding of no probable cause, Nov. 1999) (allegations
of discriminatory refusal to renew contract of gay police
officer).

Dunlap v. Levine, N.Y.L.J. at 31, col. 1 (N.Y.Sup.Ct.,
Westchester Co., Feb. 8, 1999) (physician,
hospital, and home health care organization were not joint and
severally liable for AIDS phobia). 

Dunn v. Contributory Retirement Appeals Board, 705 N.E.2d 1167
(Mass. App. Ct. 1999) (wife's reasonable belief that husband was
having a gay affair was insufficient to prove justifiable cause
for living apart when wife sought retirement plan death
benefits). 

E

East High Gay/Straight Alliance v. Board of Education of Salt
Lake City, No. 2:98CV193J (U.S.Dist.Ct., D. Utah, partially
granting, partially denying summary judgement motion, Oct. 6,
1999; dismissing case in chambers, Nov. 5, 1999) (court found
that school district did not have informal rule against
discussion of gay issues on public school premises, but had
engaged in unlawful discrimination for a brief period by allowing
some other non-curricular clubs to function at one high school
while banning meetings of gay/straight alliance).

Egan v. Canada, [1995] 2 S.C.R. 513 (Canadian Supreme Court)
(Charter of Rights forbids sexual orientation discrimination, but
allows province to reject claim by domestic partner of employee
to pension entitlement).

Eldridge v. Eldridge, 1999 WL 994099 (Tenn. App., Oct. 27, 1999)
(not officially reported) (restricting visitation privileges of
lesbian mother, excluding partner from being present during
visitation).

Eliot v. Commonwealth of Virginia, 517 S.E. 2d 271 (Va. App.,
Aug. 10, 1999) (affirms conviction of man who killed his
girlfriend due, in part, to her affair with a woman).

Ellsworth v. Houston Independent School Dist. (U.S.Dist.Ct.,
Gilmore, J., Dec. 7, 1999) (rejecting HIV discrimination claim
from man whose teaching application was rejected by school
district).

Employment Division v. Smith, 494 U.S. 872 (1990) (Free Exercise
Clause does not prevent a state from applying a
religiously-neutral law of general application to particular
conduct, even though application will incidentally affect an
individual's right to practice his/her religion).

E.N.O. v. L.M.M., 711 N.E.2d 886, 429 Mass. 824 (Mass., June 29,
1999)(lesbian co-parent may be granted temporary visitation order
under equitable powers of probate court to provide for best
interest of child).

E.O.G., Adoption of, 28 D&C 4th 262 (Pa. Common Pleas Ct., York
Co., 1993) (granting same-sex co-parent adoption petition despite
lack of statutory authorization).

Equal Employment Opportunity Commission v. Bally Total Fitness,
Inc., CV-99-009900-WDK (U.S.Dist.Ct., C.D.Cal., judgment entered,
7/7/99) (settlement of retaliation claim based on underlying
same-sex harassment allegations).

Equal Employment Opportunity Commission v. Long Prairie Packing
Co. (D. Minn., settlement announced, Aug. 12, 1999) ($1.9 million
awarded to class members in first class action same-sex sexual
harassment suit to be settled).

Equality Foundation of Greater Cincinnati v. City of Cincinnati,
838 F.Supp. 1235 (S.D. Ohio 1993) (preliminary injunction against
Issue 3, city charter amendment forbidding municipality from
outlawing anti-gay discrimination), perm. inj. granted, 860
F.Supp. 417 (S.D. Ohio 1994); rev'd, 54 F.3d 261 (6th Cir. 1995)
(homosexuality is a behavior and not a constitutionally
cognizable classification for purposes of Equal Protection
analysis); vacated and remanded, 116 S.Ct 2519 (1996); 128 F.3d
289 (6th Cir. 1997) (3 judge panel continued to hold Issue 3
constitutional); 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). 

Evan, Matter of,  583 N.Y.S.2d 997, 153 Misc.2d 844
(N.Y.Surr.Ct., N.Y.Co., 1992) (allowing second parent adoption by
lesbian co-parent).

F

Facchina v. Mutual Benefits Corp.,735 So.2d 499 (Fla. Ct. App.,
4th Dist., Jan. 20, 1999)(reversing motion to dismiss,
socio-economic loss rule did not bar defamation claim by male
model whose photograph had been used in a national viatical
benefits advertising campaign). 

Falcon v. Our Lady of the Lake Hospital, Inc., 729 So.2d 1169
(La..Ct. App., Apr. 1, 1999) (upholding summary judgment for
defendant in "fear of AIDS" case).  

Farmer v. Brennan, 511 U.S. 825 (1994) (deliberate indifference
by prison officials to threat of violence against inmate may give
rise to 8th Amendment claim).

Farmer v. Hawk-Sawyer, 69 F. Supp. 2d 120 (U.S.Dist.Ct., D.D.C.,
Sept. 28, 1999) (US Bureau of Prisons policies on treatment of
transsexuals do not violate the constitution).

Farmer v. Moritsugu, 163 F.3d 610 (D.C. 1998) (medical director
of bureau of U.S. Bureau of Prisons has qualified immunity from
suit brought by a transsexual prisoner based on Eighth Amendment
claim for denial of medical treatment).

Federal Election Commission v. Christian Coalition, 52 F.Supp. 2d
45 (D.D.C., Aug. 2, 1999) (CC anti-gay mailing violated rules
against "express advocacy" by a non-profit religious
corporation).

Figenshu v. State of California, No. S0729219 (Cal.App.), rev.
denied, 7/14/99), see BNA Daily Lab. Rep. No.142, 7/26/99.
(Denying review on award of $1.5 million damages for sexual
orientation harassment in California Highway Patrol).

Fitzpatrick v. Sterling Housing Association Ltd. (British House
of Lords, Law Committee, Oct. 28, 1999) (holding that surviving
same-sex partner is entitled to be considered member of tenant's
family for purposes of rent laws).

Flynn v. Hillard, 1999 WL 77759 (Ill. App., 1st Dist., Feb. 18,
1999) (Circuit court lacks jurisdiction to hear sexual
orientation discrimination claim under Chicago ordinance that has
not first been presented to Human Relations Commission).

Foray v. Bell Atlantic a/k/a NYNEX Corporation, 1999 WL 370631, -
- F.Supp. 2d --, 80 FEP Cases 65 (U.S.Dist.Ct., S.D.N.Y., June 8)
(same-sex only domestic partnership benefit plan adopted by
telephone company does not discriminate on the basis of sex
against male employee who was denied benefits for his female
domestic partner; no violation of Title VII or Equal Pay Act).

Forbes v. Merrill Lynch, Fenner & Smith, Inc., 957 F.Supp. 450
(S.D.N.Y. 1997) (inappropriate investigation into employee's
sexual orientation gives rise to emotional distress tort claim). 

Forbes v. Merrill Lynch, Fenner & Smith, Inc., 179 F.R.D. 107
(S.D.N.Y. 1998) (leveling Rule 11 sanction against attorney in
frivolous AIDS discrimination case), vacated and remanded, 174
F.3d 87, 9 A.D. Cases 537 (U.S.Ct.App., 2d Cir., Apr. 22,
1999)(imposition of sanctions without giving attorney a hearing
on merits of sanctions violates due process).

Ford v. Schering-Plough Corp., 145 F.3d 601 (3d Cir.1998), cert.
denied, 119 S.Ct. 850 (1999) (Title III of the ADA does not apply
to discriminatory terms in disability insurance policies sold to
employees on behalf of employee groups). 

Fox v. Estrada, 1998 WL 831666 (Tex. Ct. App. Dec. 3, 1998) (not
officially reported) (affirmed summary judgment against plaintiff
whose cause of action was based on negligence related to a 1982
HIV-tainted blood transfusion).

Franklin v. State of Texas, 986 S.W.2d 349 (Tex. Ct. App. 1999)
(affirming life sentence in a sexual assault case and finding no
error in trial court's allowance of evidence about defendant's
HIV status). 

Frazier v. Palisadian-Post, No. B125252 (Cal.App., Los Angeles,
Nov. 22, 1999) (unpublished opinion) (Cal. Labor Code provision
banning sexual orientation discrimination not subject to
requirement of exhaustion of administrative remedies before
filing suit; case mooted by subsequent amendment of Fair
Employment & Housing Code to ban such discrimination).

Fredenburg v. Contra Costa County Dept. of Health Services, 172
F.3d 1176  (9th Cir. Apr. 19, 1999) (district court erred in
applying judicial estoppel to ADA claim predicated on plaintiff's
prior receipt of disability benefits).

Fuchs v. New York Blood Center, NYLJ, 10/7/1999 (N.Y.Sup.Ct.,
N.Y.Co., Miller, J.) (Hospital's actions may have misled
plaintiff into delaying filing suit, so her action for HIV-
transfusion liability against hospital is not time-barred).

Furfaro v. City of Seattle, 984 P.2d 1055 (Wash. App., Div. 1,
Sept. 27, 1999) (warrantless arrests of exotic dancers and
nightclub owner were unconstitutional prior restraint on
protected expressive conduct).

G

     

Galanty v. Paul Revere Life Insurance Co., 66 Cal.App.4th 15, 77
Cal.Rptr.2d 589 (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), rev. granted, 966 P.2d 982, 79 Cal.Rptr.2d 671 (Nov. 4,
1998).

Gallucio, Petition of (N.J.Super.Ct., Bergen Co., Moses, J., May
17, 1999) (approving joint adoption petition by gay male couple).

Gardner v. Rothman, 345 N.E.2d 370 (Mass. 1976) (father of
illegitimate child may seek visitation despite lack of specific
statutory authorization).

Gebser v. Lago Vista Independent School District, 524 U.S. 274
(1998) (school may be liable for sex discrimination under Title
IX for failing to deal with sexual harassment of student by
teacher).

Gheta v. Nassau County Community College, 33 F.Supp.2d 179
(E.D.N.Y. 1999) (rejecting constitutional challenge by parent
against requirement of sex education course).

Godkin v. San Leandro School District (U.S.Dist.Ct., Calif.,
Walker, J., Oct. 1999) (dismissal of suit by parents claiming
their constitutional rights were violated by their son's teacher
making pro-gay remarks in class at public school).

Gomez v. State of Texas, 1999 WL 191515 (Tex. Crim. App. Apr. 7,
1999) (not officially published) (upholding murder conviction of
defendant for beating and stabbing to death a man Gomez perceived
as gay in a park). 

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

Green v. Burger King Corp., 728 So.2d 369 (Fla. Dist. Ct. App.
Mar. 24, 1999) (HIV-discrimination complaint under state law was
not time-barred, despite previous EEOC ruling that federal ADA
claim was time-barred).

Greenwood v. Taft, Stettinius & Hollister, 663 N.E.2d 1030 (Ohio
Ct. App. 1995), rev. denied, 662 N.E.2d 22 (Ohio 1996) (state
public policy does not prohibit private employers from firing an
employee based solely on his/her sexual orientation).

Griswold v. Connecticut, 381 U.S. 479 (1965) (constitutional
right of privacy protects right of married couples to obtain and
use contraceptives).

Grosberg v. Listening Ear Crisis Center Project, Inc., 1999 WL
109603 (Minn.App., March 2) (not officially published) (rejects
sexual orientation discrimination claim due to employer's
justification for discharge).

Grotts v. Zahner, 1999 WL 1138496 (Nev. Sup. Ct., Dec. 13, 1999)
(reinstatements blood/legal relative rule for bystander tort
liability).

H

Hancock v. Commonwealth of Kentucky, 998 S.W.2d 496 (Ky. App.,
Dec. 18, 1998, discretionary rev. denied by Supreme Court, Sept.
15, 1999) (denying review of conviction of wanton endangerment
for having sex with partner without disclosing HIV status).

Hankins v. City of Philadelphia, 189 F.3d 353 (3rd Cir., Aug. 18,
1999 )(Rejecting race discrimination claim by man denied
promotion to head the city's AIDS programs).

Harbison-Walker Refractories Indresco, Inc. & United Steelworkers
of America, Local No. 5619, 99-2 ARB (CCH) para. 3090 (employee's
AIDS phobia does not excuse excessive absenteeism from work).

Harper v. State of Louisiana, 679 So. 1321 (La. 1996)(prison
officials immune from suit arising from injury of one prisoner by
another prisoner)

Harris v. City of New York (U.S.Dist.Ct., S.D.N.Y., suit filed
12/98) (straight employee assigned to NYC Health Dept. Office of
Gay and Lesbian Health Concerns alleges hostile environment
harassment due to "gay" atmosphere of the office).

Harris v. State of Texas, 996 S.W. 2d 232 (Tex. App., Houston,
14th Dist., April 1, 1999) (affirmed conviction of HIV+ man of
aggravated sexual assault).

Harris v. Thigpen, 941 F.2d 1495 (11th Cir. 1991) (Department of
Correction's treatment of HIV+ inmates evidenced isolated
incidents of medical malpractice which were insufficient to
establish an Eighth Amendment violation alleging inadequate
medical care).

Hayes v. Jaye (Ga.Super.Ct., Fulton Co., May 28, 1999) (awarding
joint custody of child to lesbian and former boyfriend).

Hayes v. Smith, 832 P.2d 1022 (Colo. Ct. App. 1991) (being
accused of "being homosexual" is not defamatory per se). 

Hawkins v. Commission for Lawyer Discipline, 988 S.W.2d 927
(Tex.Ct. App. Mar. 18, 1999)  (affirming attorney's one-year
suspension for refusing to represent HIV+ man arrested on a
marijuana charge). 

Hedges v. Poletis, 177 F.3d 1071 (U.S.Ct.App., 8th Cir., June 3)
(Chief of Police has qualified immunity from charges that
procuring civil commitment of gay plaintiff in context of
neighborhood feud violated plaintiff's constitutional rights).

Heffernan v. Goldman, 256 So.2d 522 (Fla.App., 4th Dist., 1971)
(step-mother granted custody despite natural mother's outstanding
petition).

Heilman v. Microsoft Corp., 1999 WL 650810 (E.D.La., Aug. 24,
1999) (needle prick injury does not give rise to emotional
distress AIDS phobia claim absent evidence of actual exposure to
HIV).

Hernandez v. Barrios-Paoli, 93 N.Y.2d 781, 720 N.E.2d 866, 698
N.Y.S.2d 590 (N.Y.Ct.App., Oct. 19, 1999) (NY City violated its
own regulations by imposing extra impediments to obtaining
benefits upon people with HIV).

Hernandez v. West, 1999 WL 446872 (U.S.Ct.App., Vet. Claims, June
14, 1999) (surviving spouse of PWA not entitled to military death
benefit, as HIV-infection was not shown to be service-related).

Hetzel v. Swartz, 31 F.Supp.2d 444 (M.D. Pa. 1998) (not
responding to a PWA's requests for counseling in a prison setting
did not rise to the level of an Eighth Amendment violation).

Hickerson v. City of New York, 146 F.3d 99 (2nd Cir. 1998), cert.
denied, 119 S.Ct. 795 (1999) (unsuccessful challenge to NYC
ordinance sharply restricting lawful locations for sexually-
oriented businesses).

Higgins v. New Balance Athletic Shoe, Inc., 194 F.3d 252 (1st
Cir., Oct. 22, 1999) (gay employee in Maine who suffered
workplace same-sex harassment was not protected by civil rights
laws).

Hoch v. Rissman, 1999 WL 445800 (Fla.App., 5th Dist., July 2,
1999), replacement opinion,742 So.2d 451 (Sept. 17, 1999)
(revising defamation claim by gay judge against law firm for
statements made during client seminar; law firm allegedly cast
aspersions on professionalism of judge, based on his sexual
orientation).

Holman v. State of Indiana, 24 F.Supp.2d 909 (N.D. Ind. 1998)
(post-Oncale sexual harassment claim brought by husband and wife
does not fall under Title VII).

Holmes v. California Army National Guard, 124 F.3d 1126 (9th Cir.
1998), cert, denied, 119 S.Ct. 794 (1/11/99)(rejecting challenge
to anti-gay military policy as applied to state national guard
unit).

Hood v. Kaplan Educational Center, Ltd., 1999 WL 557492 (D.Conn.,
July 26, 1999) (rejecting lesbian's sex discrimination claim
premised on heterosexual female supervisor's preference for a
man).

Hotze v. Brown, 1999 WL 418363 (Tex.App.-Houston, June 24)
(taxpayer did not have standing to challenge Houston mayor's
executive order banning sexual orientation discrimination by the
city, but city council member did have standing and was entitled
to temporary injunction against enforcement of the executive
order pending a ruling on the merits of the challenge).

Housing Works, Inc. v. City of New York, 1999 WL 1034752
(S.D.N.Y., Nov. 12, 1999) (finding city improperly disqualified
social services agency that provided housing to people with HIV
from eligibility for federal grant money in retaliation for
agency's political activities).

Howard Brown Health Center v. Aegis Properties (Chicago Comm. On
Hum. Rel., settlement announced, Nov. 16, 1999) (settling claim
of discriminatory refusal to rent space for gay health
organization).

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

Hrinik v. Birch Run Area Schools, No. 98-023987-AZ-5 (Mich.,
Saginaw Co. Cir. Ct., Borello, J., Sept. 16, 1999) (refusal to
order school to change high school transcript of post-operative
transsexual in order to reflect her new sex).

Hudson View Properties v. Weiss, 59 N.Y.2d 733 (N.Y. 1983) 
(landlord did not violate marital status provision of Human
Rights Law by seeking eviction of female tenant who invited
boyfriend to live with her in violation of lease restricting
occupancy to tenant's family members). 

Hughey v. State of Mississippi, 729 So.2d 828 (Miss. Ct. App.
Dec. 30, 1998) (trial court's denial of opportunity to cross
examine prosecution's chief witness as to his sexual orientation
upheld).

Hyman v. City of Louisville (Ky. Cir. Ct., complaint filed summer
of 1999) (seeking invalidation of municipal domestic partnership
ordinance).

I

Iacovino v. Hoaglund (Cal. Super. Ct., San Fran. Co.,  Mar. 10,
1999) (surgeon committed malpractice by refusing to perform
shoulder surgery on HIV+ man). 

J

J. v. London Life Insurance Co. (Canada, British Columbia Human
Rights Tribunal, July 26, 1999) (refusal to issue insurance to a
man because his wife was HIV+ violates the Human Rights Code).

Jacob, Matter of, 660 N.E.2d 651, 86 N.Y.2d 651 (1995) (allowing
unmarried male partner to adopt female partner's child).

Jacks v. City of Santa Barbara, No. 224122 (Cal.Super.Ct., Santa
Barbara Co., Dec. 17, 1998) (dismissing challenge to municipal
domestic partnership ordinance).

James v. Tilghman, 1998 WL 849393 (D. Conn. Nov. 5, 1998) (not
officially published) (denied renewed summary judgment motion on
basis of qualified immunity from prison officials who are accused
of deliberate indifference in failing to protect inmate from
alleged sexual assault in violation of Eighth and Fourteenth
Amendments).

Jane K. & Anne G. (Colo. Dist. Ct., Boulder, Bailin, J., Sept.
30, 1999) (ordering that both members of lesbian couple be
recognized as parents of child born to one of them).

Johnson v. Calvert, 5 Cal. 4th 84, cert. denied, 510 U.S. 874
(1993) & cert. dismissed, 510 U.S. 938 (1993) (parental rights of
husband and wife are superior to parental rights of surrogate
hired to bear the child).

Johnson v. State of Oregon, 141 F.3d 1361 (9th Cir., 1998)
(recipient of disability benefits not necessarily estopped from
bringing ADA claim).

Johnson v. Unemployment Compensation Board of Review, 725 A.2d
212 (Pa. Cmwlth. Ct. 1999) (denying appeal of women who claimed
unemployment benefits related to her alleged constructive
discharge from job because of same-sex sexual harassment). 

Jones v. State of Florida, 732 So.2d 313, 24 Fla. L. Weekly S145 
(Fla. Mar. 25, 1999)
(defense counsel's strategic decisions on emphasis of HIV+ status
of defendant in first-degree murder charge did not provide basis
for overturning conviction). 

K


Kapitan v. Apfel, 1999 WL 191107 (10th Cir. Apr. 5, 1999)(not
officially published) (reversing ALJ and district court decisions
awarding Social Security disability insurance benefits based on
HIV status). 

Kavy v. New Britain Board of Education (Conn. Super., Aug. 3,
1999) (sexual orientation discrimination claim under state civil
rights law may only be brought against employer, not individual
defendants, but aiding and abetting claim can be brought against
individuals).
     
Kazmierazak v. Query, 1999 WL 415215 (Fla.App., 4th Dist., June
23) (lesbian co-parent lacks standing to seek custody of child;
state constitutional privacy amendment protects biological
parents right to determine who has contact with child).

Kinman v. Omaha Public School District, 171 F.3d 607 (8th Cir.
1999) (reversing judgment against a school district and officers
acting in their official capacities for same-sex sexual
harassment under Title IX). 

Klein v. McGowan, 36 F.Supp.2d 885 (D. Minn. Feb. 16, 1999)
(summary judgment for employer finding that allegations of
homophobic harassment did not state a claim under Title VII). 

Kolstad v. American Dental Association, 119 S.Ct. 2118, 1999 WL
407481 (June 22) (Plaintiff need not prove egregious misconduct
by defendant to gain punitive damages for intentional
discrimination under Title VII, but employer entity may not be
held liable for punitive damages based on acts by its agents
which violate established company policies).

Kotofsky v. American Red Cross, 1999 WL 712584 (E.D.Pa., Sept.
10, 1999) (not officially reported) (Pennsylvania blood shield
law does not apply to claim that doctor negligently failed to
advise patient about possibility of autologous donation).

L

Laspina-Williams v. Laspina-Williams, 1999 WL 1256354 (Conn.
Super, New Haven J.D., Oct. 19, 1999) (lesbian co-parent may seek
visitation with child).

Leaf River Forest Products, Inc. v. Ferguson, 662 So.2d 648
(Miss. 1995) (Mississippi follows actual exposure rule on
emotional distress claims for exposure to disease).

Leland v. U.S. Bank National Association, 1999 WL 778569
(U.S.Dist.Ct., D. Ore., Sept. 23, 1999) (denial of disability
discrimination claim premised on HIV status).

Lemon v. Kurtzman, 403 U.S. 602 (1971) (adopting 3 prong test to
determine whether state action violates the Establishment Clause
of the First Amendment).

Lepine v. Brodeur, 1999 WL 814277 (U.S.Dist.Ct., D.N.H., Sept.
30, 1999) (not officially published) (prison regulation
forbidding inmates from receiving pornographic publications
depicting lesbian sex is constitutional).

Levin v. Yeshiva University, 691 N.Y.S.2d 280 (N.Y.Sup.Ct.,
N.Y.Co., March 15, 1999) (exclusion of lesbian couple from
married student housing does not violate ban on sexual
orientation, marital status or sex discrimination under civil
rights laws).

Levy v. Cody, N.Y.L.J. at 32, col. 3 (N.Y.Sup.Ct., Kings Co.,
Feb. 18, 1999) (HIV information in medical records may be
relevant to award damages, and warrants a trial bifurcation). 

Lewis v. Cook Count Department of Corrections, 28 F.Supp.2d 1073
(N.D. Ill. 1998) (magistrate judge misconstrues sexual harassment
law to state that plaintiff must self-identify as gay before
bringing suit alleging discrimination on the basis of harassers'
gay perception of plaintiff).

Lewis v. KMart Corp., 1999 WL 394280, 9 A.D. Cases 791
(U.S.Ct.App., 4th Cir., June 16) (Employer does not violate Title
I of ADA by providing lesser benefits for mental health coverage
than medical coverage under employee benefits plan).

Libasci v. Rockville Centre Housing Authority, NYLJ, 9/29/99
(N.Y.Sup.Ct., Nassau Co.) (Actual exposure to HIV is prerequisite
for emotional distress AIDS phobia claim).

Lilly v. City of Minneapolis, 527 N.W.2d 107 (Minn. Ct. App.
1995) (municipal domestic partnership ordinance preempted by
state law). 

Lingar v. Bowersox, 176 F.3d 453  (U.S.Ct.App., 8th Cir., May 11)
(denying habeas corpus; murder defendant's claim that evidence
concerning his sexual orientation and relationship with
co-defendant was prejudicial is rejected as basis for setting
aside verdict).

Lipman v. Honicorp Inc., N.Y.L.J., 3/8/99  (N.Y.Sup.Ct., N.Y.Co.)
(unpublished decision; news summary) (gay domestic partner's name
is not covered under evidentiary privilege so must be disclosed
in discovery proceedings). 

Littleton v. Prange, 1999 WL 972986 (Tex. App., San Antonio, Oct.
27, 1999) (post-operative transsexual's out-of-state marriage is
invalid for purposes of Texas wrongful death action; a man can
never become a woman for purposes of marriage law).

Llampallas v. Mini-Circuits Lab, Inc., 163 F.3d 1236 (11th Cir.
1998), cert. denied, -- S.Ct.  , Oct. 12, 1999. (company does not
discriminate on the basis of sex in violation of Title VII when
it fires one woman in order to keep her female ex-lover from
quitting).

Loce v. Time Warner Entertainment Advance/Newhouse Partnership,
1999 WL 387150 (U.S.Ct.App., 2nd Cir., June 14, 1999) (affirms
district court's dismissal of 1st amendment challenge to Time-
Warner's policies limiting access to its cable TV systems for
sexually-oriented programming; affirms district court's findings
that certain restrictive policies adopted by Time-Warner for
sexually-oriented programming violate the federal communications
statutes).

Lofton v. Butterworth (U.S.Dist.Ct., Key West, Fla.)(complaint
filed May 26) (challenge to Florida law banning gays from
adopting children).

Louisiana Electorate of Gays and Lesbians, Inc. v. State of
Louisiana, 664 So.2d 413 (La. 1995) ("crime against nature"
statute is constitutional insofar as it prohibits non-commercial,
consensual, private sexual behavior by adults), reh'g denied, 668
So.2d 360 (La. 1996). 

Lujan v. Pacific Maritime Association, 165 F.3d 738 (9th Cir.
1999) (testimony for social security disability does not preclude
plaintiff from raising employment discrimination claims under the
ADA). 

Lustig-Prean & Beckett v. United Kingdom; Smith & Grady v. United
Kingdom (European Court of Human Rights, September 27, 1999)
(UK's policy forbidding military service by lesbians, gay men and
bisexuals violates Article 8 (right to respect for private and
family life) of the European Convention on Human Rights; court
also found that the limited judicial review afforded military
personnel decisions in the UK meant that Article 13's requirement
of a mechanism for redress of human rights violations was also
violated; court reserves judgment on remedy).

M

M. v. H. (Canadian Supreme Court, May 20, 1999) (Ontario law
extending spousal support responsibilities only to heterosexual
cohabitants violates equal protection requirement of Charter of
Rights)

M.T. v. J.T., 355 A.2d 204 (N.J. 1976) (sex reassignment
procedure results in legal change of person's sex).

Madrid v. Lincoln County Medical Center, 122 N.M. 269 (1996)
(window of anxiety rule; when exposed to infectious disease,
plaintiff is entitled to compensation for emotional distress for
period prior to obtaining reliable information that plaintiff was
not infected).

Main Street Movies, Inc. v. Wellman, 598 N.W.2d 754 (Neb. Sup.
Ct., Aug. 27, 1999) (sexually oriented materials are not
necessarily obscene).

Majano v. State of Texas, 1999 WL 387844 (Tex.App. - Dallas, June
15) (not designated for publication) (upholding aggravate robbery
conviction of gay-basher).

Mandel v. Computer Associates (N.Y.Sup.Ct., Nassau Co., Posner,
J., 1999) (employee manual promising no discrimination on the
basis of sexual orientation does not create a legally enforceable
right in an employment-at-will hiring).

Manhattan Pizza Hut v. Human Rights Appeal Board, 51 N.Y.2d 506
(N.Y. 1980) (rejecting a challenge to the employer's antinepotism
policy under state human rights law). 

Majca v. Beekil & Doe v. Northwestern University, 710 N.E.2d 1084
(Ill. 1998) (without evidence of actual exposure, fear-of-AIDS
plaintiffs are not eligible for recovery).

Marlow v. Marlow, 702 N.E.2d 733 (Ind. Ct. App. 1998) (upholding
restrictions on a gay man's visitation rights with his three
children).

Marta v. State, 1999 WL 18452 (Ark. Sup. Ct., Jan. 14, 1999)
(upholding life sentence for slaying of transvestite).

Matute v. Hyatt Corp., 1999 WL 135204 (U.S.Dist.Ct., S.D.N.Y.
Mar. 11, 1999) (slip copy) (denying summary judgment to employer
on same-sex sexual harassment claim brought under Title VII and
N.Y. Human Rights Law). 

Mauro v. Arpaio, 188 F.3d 1054 (9th Cir., Aug. 17, 1999) (Jail's
policy of excluding all material containing frontal nudity was
reasonably related to legitimate penological interests, thus
constitutional).

May v. Sheahan, 1999 WL 543187 (U.S.Dist.Ct., N.D. Ill., July 21,
1999) (HIV+ pre-trial detainee stated valid claims under ADA and
constitution on inadequate conditions in jail).

McAlindin v. County of San Diego, 1999 WL 717728 (9th Cir., Sept.
16, 1999) (ability to engage in sexual activity is a major life
activity under ADA).

McAllister & Subak, Matter of, Case No. FL032006 (Cal. Super.
Ct., San Francisco Co., May 24, 1999) (Hitchens, J.) (order
recognizing parental status of both partners in a lesbian couple
prior to the birth if their child through donor insemination).

McBride v. Pinkerton's, Inc., No. 202147 (Mich.App., July 2,
1999) (unpublished disposition) (upholding $10 million jury award
for security guard's failure to prevent homophobic attack on
residential tenant).

McCaw Cellular Communications of Florida, Inc. v. Kwiatek, 1999
WL 543221 (Fla. App., 4th Dist., July 28, 1999) (reversing
verdict for plaintiff in HIV discrimination case).

McCready v. Hoffius, 586 N.W.2d 723 (Mich. 1998), vacated and
remanded for reconsideration by trial court, 593 N.W.2d 545
(table), 1999 WL 226862 (Mich. 1999) (statutory ban on marital
status discrimination applies to the refusal of a landlord to
rent a residence to unmarried cohabitants).

McDaniel v. Faust, 1999 WL 22744 (Ohio Ct. App. Jan. 22, 1999)
(not officially published) (AIDS phobia damages will not be
awarded absent a showing that actual exposure to AIDS occurred). 

McNally v. Prison Health Services, Inc., 28 F.Supp.2d 671 (D.
Maine 1998), motion for reconsideration denied, 52 F.Supp. 2d 147
(D. Maine, June 2, 1999) (PWA had pleaded sufficient facts to
substantiate a claim for improper denial of medical treatment
under the Fourteenth Amendment by jailors). 

McNemar v. Disney Store, Inc., 91 F.3d 610 (3rd Cir. 1996), cert.
denied, 519 U.S. 1115 (1997) (HIV+ employee who received
disability benefits estopped from alleging he was "qualified"
under ADA)

McVeigh v. Cohen, 983 F.Supp. 215 (D.D.C. 1998) (Navy violated
rights of officer accused of homosexuality based on anonymous AOL
personal profile).

Melanson v. Town of West Hartford (Conn. Comm. Hum. Rts. &
Opportunities, Sept. 16, 1999) (reasonable cause finding on claim
that family membership policy at city pool unfairly discriminates
against non-traditional families).

Merchant v. Kring, 50 F. Supp.2d 433 (W.D.Pa., Feb. 8, 1999)
(refusing to dismiss ADA and Rehab Act claim against dentist for
denial of services to person with HIV; Jury verdict for defendant
on April 14, 1999).

Merritt v. Delaware River Port Authority, 1999 WL 285900
(U.S.Dist.Ct., E.D.Pa., April 20)(refusing to dismiss same-sex
harassment claim under Title VII; emotional distress arising from
intentional harassment is exception to Workers Comp. preemption
of tort claims).

Metzger v. Compass Group, Inc., 1999 WL 714116 (D.Kans., Sept. 1,
1999) (rejecting same-sex harassment claim).

Michael M. v. Tanya E., 684 N.Y.S.2d 381 (N.Y.App.Div., 4th Dept.
1998) (affirmed decision to award custody of two children to
their HIV+ father rather than mother). 

Miles v. National Enquirer, Inc.,  38 F.Supp.2d 1226  (D. Colo.
Jan. 27, 1999) (publisher wins summary judgment in defamation
claim by plaintiff identified in print as pedophile and sex
offender).

Miller v. California, 413 U.S. 15 (1973) (establishing test for
determining whether sexually explicit material is obscene and
thus lacking 1st Amendment protection).

Miller v. Metropolitan Life Insurance Co., 1999 WL 46722
(U.S.Dist.Ct., S.D.N.Y. Feb. 1, 1999) (slip opinion) (denied
insurance company's motion to dismiss in a benefits denial suit
questioning the insurer's ability to diagnose a claimant as
having AIDS despite no mention in medical records). 

Mitchell v. Moore, 729 A.2d 1200 (Pa. Super. Ct., April 12, 1999)
(rejects unjust enrichment lawsuit in which member of gay male
couple seeks compensation on breakup of relationship).

Montalvo v. Radcliffe, 167 F.3d 873 (4th Cir. 1999), cert.
denied, 1999 U.S. Lexis 4949 (Oct. 4, 1999) (holding that karate
school did not violate the public accommodations title of the ADA
when it excluded HIV+ 12 year-old boy from its regular karate
classes).

Montavon v. Wellspring Adoption Agency, Inc., 1999 WL 639306
(Minn. App., Aug. 24, 1999)(not officially published) (dismissing
negligence claims against agency by adoptive parents concerning
health status of HIV+ infant).

Mrs. M.C. and Mr. B.C. v. Yeargin, 1999 WL 507122 (Mo.Ct.App.,
E.D., July 20, 1999) (new trial ordered due to defective jury
charge on claim of neligence liability by hotel where guest was
assaulted by intruder and exposed to HIV). 

Murdock v. Washington, 193 F.3d 510 (7th Cir., Oct. 1, 1999)
(dismissing HIV+ prisoner's claim of ADA violation premised on
his exclusion from certain prison programs).

Murphy v. Bray, 51 F.Supp. 2d 877 (U.S.Dist.Ct., S.D.Ohio, March
12) (prisoner suit under 42 USC 1983 concerning deprivation of
AIDS medication).

Murphy v. United Parcel Service, --S.Ct.--, 1999 WL 407472 (June
22), affirming 141 F.3d 1185 (10th Cir. 1998) (Individuals with
medically correctible impairments are not disabled under the ADA,
and also not covered by "regarded as" prong of disability
definition unless employer regards them as disqualified from
broad range of jobs, not just the job in question).

Murray v. Oceanside Unified School District (Cal.Ct.App., 4th
Dist., appeal filed Dec. 22, 1998) (failure to address anti-
lesbian harassment of teacher).

Music v. Rachford, 654 So.2d 1234 (Fla.App., 1st Dist., 1995)
(court rejects de facto parent claim of lesbian co-parent in
custody dispute).

N

N.N.V. v. American Association of Blood Banks, 89 Cal. Rptr. 2d
885 (Cal.App., 4th Dist., Oct. 28, 1999) (rejecting negligence
claim against blood bank in HIV transfusion case).

Nabozny v. Podlesny, 92 F.3d 446 (7th Cir. 1996) (school's
failure to redress anti-gay harassment of high school student by
other students violates equal protection rights of student). 

Nacinovich v. Tullet & Tokyo Forex, Inc., 685 N.Y.S.2d 17
(N.Y.App.Div., 1st Dept. 1999) (false imputation of homosexuality
is defamation per se in New York).

Nance v. M.D. Health Plan, Inc., 1999 WL 279733 (U.S.Dist.Ct., D.
Conn., March 31) (investigation of employee's sexual orientation
by supervisor may subject employer to emotional distress tort
claim).

Nasim v. Loeber Motors, Inc., 1998 WL 895728 (N.D. Ill. Dec. 7,
1998) (slip opinion) (sexual harassment claim based on sexual
orientation; sua sponte court order for case authority in support
and opposition).

National Coalition for Gay and Lesbian Equality v. Minister of
Home Affairs, Case. No. 3988/98 (High Ct. S. Africa, Cape of Good
Hope Provincial Div., Feb. 12, 1999) (South Africa's
constitutional equality requirements allow same-sex partners to
settle in the country on the same basis as spouses of South
Africans); affirmed, Case CCT 10/99 (Constitutional Ct. of S.
Africa, Dec. 2 1999).

Neal v. Department of Corrections, 583 N.W.2d 249 (Mich. 1998)
(prisoner may sue prison for discrimination under state civil
rights law).

Nebraska v. Pattno, No. 98-647, 1999 WL 8044 (Sup.Ct., Jan. 11,
1999), denying cert. in 579 N.W.2d 503 (Neb. 1998) (prison
sentence upheld despite homophobic comments by judge).

Neithamer v. Brenneman Property Services, Inc., 1999 WL 1249716
(D.D.C., Dec. 17, 1999) (upholding action against real estate
brokerage for discriminating against HIV+ applicant for rental
housing).

New England Mutual Life Insurance Co. v. Doe, 688 N.Y.S.2d 459,
710 N.E.2d 1060, 93 N.Y.2d 122 (Mar. 31, 1999) (statutorily
mandated incontestability clause takes priority over insurance
contract language purporting to exclude coverage for conditions
that first manifested themselves prior to sale of policy).

Northwestern Mutual Life Ins. Co. v. Johnson, 254 U.S. 96 (1920)
incontestability clauses assure benefits). 

O

Olmstead v. L.C., -- S.Ct. --, 1999 WL 407380 (June 22),
affirming in part and reversing in part 138 F.3d 893 (11th Cir.
1998) (It is discriminatory under ADA to deny persons with mental
impairments less restrictive surroundings than are medically
required by their condition, but state may defend based on
resource allocation considerations).

Oms v. Joseph, NYLJ, 5/20/99, p. 30, col. 2 (N.Y.Sup.Ct., N.Y.
Co.) (enforcing option contract on division of assets of lesbian
couple).

Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75 (1998)
(male plaintiff has a right to sue for sexual harassment under
Title VII of the Civil Rights Act of 1964, regardless of the male
harassers' sex or sexual orientation, if plaintiff was harassed
because of his sex). 

O'Neill v. O'Neill, 1999 WL 758823 (N.Y.App.Div., 2nd Dept.,
Sept. 20, 1999) (reiterates NY rule of actual exposure to HIV as
prerequisite to emotional distress AIDS phobia claim).

Onishea v. Hopper,171 F.3d 1289 (11th Cir. Apr. 7, 1999) (HIV+
inmates pose significant risks to others and thus are not
qualified for participation in prison programs under
Rehabilitation Act sec. 504).

Opinion of the Justices, 691 N.E.2d 911 (Mass. 1998) (biological
parent has liberty interest in custody of child).

Opinion of the Justices, 696 N.E.2d 502, 427 Mass. 1211 (1998)
(legislature may delegate authority to define domestic partners
to municipal governments).

Osborne v. Ohio, 495 U.S. 103 (1990)(upholding constitutionality
of statute penalizing possession of child pornography).

Overton v. Claussen, 65 F.Supp. 2d 1165 (D. Colo., Sept. 8, 1999)
(HIV+ prisoner must exhaust administrative remedies before suing
over alleged denial of medications by prison authorities).

Oyola v. Apfel, 1999 WL 511970 (S.D.N.Y., July 20, 1999)
(upholding denial of disability benefits to HIV+ applicant).

Ozer v. Borquez, 940 P.2d 371 (Colo. 1971), settlement of AIDS &
sexual orientation discrimination claim by attorney against law
firm is settled, Jan. 6, 1999.


P

Parks v. State of Georgia, 1999 WL 1128796 (Ga. App., Dec. 9,
1999) (affirms conviction of HIV+ man for sexually assaulting two
women).

Parry v. Tompkins County, 689 N.Y.S.2d 296  (N.Y.App.Div., 3rd
Dept., April 29) (sexual orientation discrimination complaint
held time-barred).

Pavao v. Ocean Ships, Inc., 1998 WL 917528 (U.S.Dist.Ct.,
N.D.Cal. Dec. 30, 1998) (slip opinion) (granting summary judgment
to defendant on claim of  hostile work environment based on
same-sex harassment).

Pennsylvania Department of Corrections v. Yeskey, 524 U.S. 206
(1998) (prisoner may sue prison for discrimination under the
Americans With Disabilities Act).

People of California v. Mobley, 72 Cal.App.4th 761, 85
Cal.Rptr.2d 474 (May 28, 1999) (affirming sodomy conviction where
consent was vitiated by mental incapacity of one of the parties).

People of Illinois v. Jackson, 711 N.E.2d 360 (Ill. App. Ct.,
Apr. 26, 1999) (affirming life imprisonment  for murder of gay
man).

People of Illinois v. Rokicki, 718 N.E.2d 333 (Ill. App., 2nd
Dist., Sept. 28, 1999) (upholding hate crime prosecution of man
who disrupted restaurant with homophobic ranting against
counterman).  

People of Illinois v. Rozo, 708 N.E.2d 1229 (Ill. App. Ct. Mar.
24, 1999) (affirming conviction in gay-on-gay murder case). 

People of New York v. Medina, 685 N.Y.S.2d 599 (N.Y.City Crim.
Ct., Jan. 26, 1999) (rejecting motion to dismiss misdemeanor
prostitution charge on grounds of facial insufficiency, defendant
arguing that it was impossible for two males to engage in sexual
intercourse so charge should have been "engaging in deviant
sexual intercourse"). 

People of New York v. Mulligan & Smith, NYLJ, 8/6/99(N.Y.City
Crim. Ct., Ward, J.) (Dismissing charges of resisting arrest but
refusing to dismiss charges of disorderly conduct against two
participants in annual protest against exclusion of gays from St.
Patrick's Day Parade).

People of New York v. Orda, 690 N.Y.S.2d 822, 180 Misc.2d 450
(N.Y.Sup.Ct., Bronx Co., Apr. 1, 1999) (upholding forcible sodomy
claim against home health care attendant accused of molesting
disabled client).

People of New York v. Pickett, (NY Sup. Ct., Kings Co.), N.Y.
Times (Apr. 22, 1999) (allowing battered spouse defense to man
who killed his same-sex partner). 

People of New York v. Roman, 578 N.Y.S.2d 544, 179 A.D.2d 352
(N.Y.App.Div., 1st Dept. 1992) (forcible compulsion can be
established by evidence that a defendant used his superior age,
size and strength to prevent the victim from escaping, and to
compel the victim to have sex with him). 

People of New York v. Roseboom, N.Y.L.J., 2/16/99, at 29, col. 6
(N.Y.City Crim.Ct., N.Y.Co.) (acquitting preoperative male to
female transsexual on charges of loitering for prostitution). 

Perkins v. Kansas Dept. of Corrections, 165 F.3d 803 (11th Cir.
1999) (prison's refusal to provide a protease inhibitor as part
of AIDS medical treatment does not violate Eighth Amendment). 

Perryman v. State of Oklahoma, 1999 OK CR 39 (Ok. Dist. Ct., Oct.
18, 1999) (rejecting homosexual panic defense).

Peterson v. Gibraltar Savings and Loan, 1999 WL 330387 (La. Sup.
Ct., May 18, 1999) (reinstating jury verdict holding owner of
parking lot negligent when assault of patron resulted in
transmission of HIV).

Pickering v. Board of Education, 391 U.S. 563 (1968) (setting
forth appropriate standard for reviewing restrictions on the
speech of government employees). 

Pinneke v. Preisser, 623 F.2d 546 (8th Cir. 1980) (physician, not
clerical employees, decides whether a treatment option is
necessary for the patient under Medicaid guidelines).

Plaxico v. Michael,735 So.2d 1036 (Miss. Mar. 31, 1999)(affirming
dismissal with prejudice of a privacy invasion claim brought by
lesbian against ex-husband of her lover who took semi-nude photos
of plaintiff without permission). 

Polanco v. Dworzack, 1999 WL 357856 (U.S.Ct.App., 2nd Cir., May
28) (unpublished disposition) (rejecting 8th amendment treatment
claim by HIV+ prisoner).

Pope v. Kaiser Foundation Health Plan, 1998 WL 865646 (E.D. Cal.
Dec. 7, 1999) (not officially published) (granting summary
judgment on grounds that without allegation that employer had
knowledge of HIV status, plaintiff's discrimination claim fails
under the ADA). 

Powell v. Schriver, 175 F.3d 107 (2d Cir. Apr. 2, 1999)
(prisoner's right to privacy extends to information about his
transsexual and HIV statuses). 

Powell v. State of Georgia, 510 S.E.2d 18 (Ga. 1998) (sodomy law
violates state constitutional privacy right).

Preston v. Hughes, 1999 WL 107970 (6th Cir. Feb. 10, 1999)
(unpublished disposition) (sexual orientation is not a cognizable
classification for Equal Protection analysis).

Protective Life Ins. Co. v. Dignity Viatical Settlement Partners,
171 F.3d 52 (1st Cir. 1999) (affirming denial of prejudgment
interest to viatical company). 

Protective Life Ins. Co. v. Sullivan, 682 N.E.2d 624 (Mass. 1997)
(incontestability clause barred insurer from disclaiming coverage
for AIDS-related death). 

Pryor v. Pryor, 709 N.E.2d 374 (Ind. Ct. App. Apr. 29, 1999)
(jurisdictional issue in child custody case remanded to lower
court with suggestion that lower court judge not premise a change
of custody based on mother's actual or perceived sexual
orientation); 714 N.E.2d 743 (Ind.Ct.App. July 29, 1999; pub.
ordered, Aug. 4, 1999) (lower court instructed to conduct inquiry
into best interest of child and not to base decision on mother's
homosexuality in the absence of evidence of conduct adverse to
the child's interest).

Q

Quinn v. Nassau County, 53 F.Supp. 2d 347 (U.S.Dist.Ct.,
E.D.N.Y., June 28, 1999) (June 16, 1999 jury verdict) (Harassment
of gay police officer by other officers and supervisors violates
equal protection and subjects county to liability).

R

R. v. Sharpe, BCCA 1999 416, CA025488 (Canada, Brit.Col.App.,
June 30, 1999) (mere possession of child pornography may not be
prosecuted consistent with Canadian Charter of Rights protection
of personal privacy).

R.B.F., Adoption of, and R.C.F., PICS Case No. 98-2395 (Pa.
Common Pleas Ct., Lancaster Co., Oct. 22, 1998) (denying same-sex
co-parent adoption on ground of lack of statutory authorization).

Reaves, Estate of, v. Owen, 1999 WL 309077 (Miss.App., Feb. 9)
(upholding settlement agreement of dissolving gay male couple,
despite one partner's physical attack on other partner).

Redden v. ContiMortgage Corp., 1999 WL 1257280 (E.D.Pa., Dec.
1999) (not officially published) (anti-gay workplace harassment
insufficiently outrageous to support a claim for intentional
infliction of emotional distress).

Regina v. Secretary of State for the Home Department, ex parte
Fielding (England, Queen's Bench Div., Crown Office List,
CO/590/98)(July 5, 1999) (found that Prison System should make
condoms available to homosexual prisoners to avoid HIV
transmission).


Rehbein v. Clarke, 598 N.W.2d 39, 257 Neb. 406 (Neb. Sup. Ct.,
Aug. 6, 1999) (hermaphrodite loses battle on prison housing).

Reno v. ACLU, 521 U.S.844 (1997) (invalidating federal statute
banning dissemination of sexually-oriented material on internet).

Retterer v. Whirlpool Corporation, 1999 WL 254412 (Oh.App., 3rd
Dist., March 26) (not officially published) (rejected addition of
same-sex harassment claim to discrimination complaint).

R. F., In the matter of Registrant, 722 A.2d 538 (N.J.App.Div.,
1998) (denying prosecutor's request to require a convicted sex
offender's registration information be sent to 25 schools,
agencies, and community organizations in and about his home
area).

Roberts v. U.S. Jaycees, 468 U.S. 609 (1984) (constitutional
rights of intimate association does not block enforcement of sex
discrimination ordinance against large public service
organization with anti-female membership policy).

Rodrigues v. State of Hawaii, 472 P.2d 509 (Haw. 1970)
(recognizing cause of action for negligent infliction of
emotional distress without showing of physical injury).

Rogers v. DHEC, 174 F.3d 431 (U.S.Ct.App., 4th Cir., April 8,
1999) (employer may provide lesser benefits coverage for mental
disabilities than for medical disabilities without violating
ADA).

Rollf v. Interim Personnel, Inc., 1999 WL 1095768 (E.D.Mo., Nov.
4, 1999) (person with hepatitis C qualifies as disabled under the
ADA).

Romer v. Evans, 517 U.S. 620 (1996) (struck down as Equal
Protection violation Colorado's Amendment 2 which would have
voided existing gay rights laws and prohibited the enactment of
new ones anywhere in the state). 

Roe v. City of Milwaukee, 37 F.Supp.2d 1127 (E.D. Wis. Feb. 23,
1999) (HIV+ plaintiff is allowed to proceed anonymously in 42
U.S.C.  1983 suit, but not entitled to protective order on a
procedural notice of claim containing name).

Roes, John & Jane v. FHP, Inc., 1999 WL 793763 (Hawaii Sup. Ct.,
Oct. 6, 1999) (upholding cause of action for negligent infliction
of emotional distress for exposure to HIV). 

Rotter v. Brinker Restaurant Corp., 1999 WL 113982 (N.D.Ill, Dec.
10, 1999) (HIV+ discrimination plaintiff failed to show he was
discharged because of his serostatus).

Rounds v. Oregon State Board of Higher Education, 166 F.3d 1032
(9th Cir. 1999) (upholding constitutionality of University of
Oregon's distribution of student activity fees to Oregon Student
Public Interest Research Group Education Fund despite objections
of students who disagree with PIRG's activities). 

Runnebaum v. Nationsbank of Maryland, 123 F.3d 156 (4th Cir.
1997) (HIV+ asymptomatic gay man is not a person with a
disability under the ADA because he has exhibited no interest in
engaging in reproductive activity and none of his other major
life activities is substantially limited by his HIV infection.)

S

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

Sanchez v. Commonwealth of Puerto Rico (P.R. Super. Ct., March 5,
1999) (denying motion to dismiss challenge to sodomy law)
(summary in English available at:
<http://www.aclu.org/court/sanchezvcommonwealth_dec.html>).

Santelli v. Electro-Motive, 1999 WL 635449 (N.D.Ill, Aug. 19,
1999) (employment discrimination defendants not entitled to
discovery of plaintiff's medical records, which may include
confidential information including HIV test results).

Santiago v. Lloyd, 33 F.Supp.2d 99 (U.S.Dist.Ct., D.P.R. 1998) (a
supervisor who is the equivalent of an employer may be held
individually liable under Title VII). 

Santillo v. Commonwealth of Virginia, 517 S.E.2d 733, 30 Va. App.
470 (Va.App., Alexandria, Aug. 17, 1999) (Rejects constitutional
vagueness challenge to Virginia sodomy law in context of
prosecution for heterosexual sodomy).

Schmedding v. Tnemec Company, Inc., 1999 WL 638501 (8th Cir.,
Aug. 19, 1999) (homophobic harassment actionable as sex
discrimination under Title VII).

Schneider v. United States (U.S.Dist.Ct., N.D. Cal. Apr. 20 1999)
(transsexual subjected to strip search to confirm her gender won
$755,000 in damages). 

Schochet v. State of Maryland, 580 A.2d 176 (Md. 1990) (state law
banning oral sex is not applicable to private consensual sex
between adults of the opposite sex).

School Board of Nassau County, Florida v. Arline, 480 U.S. 273
(1987) (Persons with contagious conditions may be protected from
discrimination under Sec. 504 of Rehabilitation Act; courts
should defer to public health authorities in cases requiring the
exercise of medical judgments). 

S.D. Myers v. City of San Francisco, 1999 U.S.Dist.Lexis 8748 
(U.S.Dist.Ct., N.D.Cal., Wilken, J., May 27, 1999) (rejecting
challenge to city ordinance requiring city contractors to provide
domestic partner benefits to their employees).

Seaman v. Howard, 743 So.2d 694 (La.Ct.App., 3rd Cir., June 2,
1999)(Summary Judgment improper in AIDS fear claim arising from
altercation with escaped HIV+ prisoner)

Seawright v. Charter Furniture Rental, Inc., 39 F.Supp.2d 795
(N.D. Tex. Mar. 24, 1999) (assessing $30K in attorneys fees and
expenses against plaintiff for filing frivolous lawsuit alleging
ADA violations; AIDS-related discrimination suit).

Serrano v. Minister of Citizenship and Immigration, IMM-6093-99
(Fed. Ct. of Canada, July 30, 1999) (Denies asylum application
from gay Colombia musician on ground that he was not "out" enough
in Colombia to have a well-founded fear of persecution on the
basis of sexual orientation there). 

Shepherd v. Slater Steels Corp., 168 F.3d 998 (7th Cir. 1999)
(reversed summary judgment granted to employer in a same-sex
harassment case post-Oncale). 

Shermer v. Illinois Dept. of Transportation, 171 F.3d 475 (7th
Cir. 1999) (affirming summary judgment in favor of employer in
same-sex sexual harassment case post-Oncale). 

Sherwood v. Danbury Hospital, 1998 WL 867248 (Conn. Super. Ct.,
Dec. 2, 1998) (not officially published) (statute of limitations
prevents patient from suing because knowledge of HIV infection
was delayed for 9 years).

Shiffrin v. I.V. Services of America, Inc., 729 A.2d 784, 53
Conn. App. 129 (Conn.App., May 4, 1999) (patient billings records
including HIV-related information may be demanded by Consumer
Protection Agency investigating pharmacy's compliance with state
regulations).

Sifre v. Department of Health, 38 F.Supp.2d 91 (D.P.R. Mar. 31,
1999) (dismissing claims of 3 public health employees who claimed
that they were fired for zealous advocacy on behalf of clients
with HIV and AIDS, in violation of the ADA and the Rehabilitation
Act).

Simmons v. Pinkey, 587 So.2d 522 (Fla.App., 4th Dist., 1991)
(foster mother granted visitation while father was in prison).

Simonton v. Runyon, 79 Fair Empl. Prac. Cas. (BNA) 1472, 1999 WL
345956 (U.S.Dist.Ct., E.D.N.Y., May 26) (dismissing sexual
harassment claim by gay postal worker under Title VII on grounds
that conduct was based on sexual orientation of plaintiff, not
sex).

Slattery v. City of New York, 686 N.Y.S.2d 683 (N.Y.Sup.Ct.,
N.Y.Co., 1999) (rejecting challenge to New York City Local Law
303 (a), a wide-ranging domestic partnership ordinance enacted
Summer 1998).

Smith v. Belle Bonfils Memorial Blood Center, 976 P.2d 344
(Colo.Ct.App., Sept. 3, 1998, cert. den'd by Colo.S.Ct., May 10,
1999) (upholding summary judgment for blood center in HIV
transfusion case).

Smith v. Fair Employment and Housing Commission, 913 P.2d 11434
(Cal. 1996) (statutory ban on marital status discrimination
applies to the refusal of a landlord to rent a residence to
unmarried cohabitants).

Smith v. Rasmussen, 1999 WL 527795 (N.D.Iowa, July 14, 1999)
(state Medicaid program must cover sex-reassignment surgery).

Smith v. Senkowski, 1999 WL 138903 (U.S.Dist.Ct., E.D.N.Y. Mar.
10, 1999) (slip opinion) (upholding first degree manslaughter
conviction against defendant who asserted that he acted out of
AIDS phobia and fear and disgust of homosexual behavior). 

Snyder v. American Association of Blood Banks, 676 A.2d 1036
(N.J. 1996) (AABB was negligent in its response to AIDS/HIV prior
to licensing of antibody test).

Songer v. Dake, 1999 WL 603796 (Cal. App., 1st Dist., July 29,
1999) (unpublished decision) (reviving defamation suit by teacher
discharged because of rumors she was a lesbian).

South Central Regional Medical Center v. Pickering, 1999 WL
1000703 (Miss. Sup. Ct., Nov. 4, 1999) (in AIDS phobia
litigation, when defendant prevents plaintiff from testing
alleged instrument of exposure, plaintiff is entitled to
presumption that exposure occurred for purposes of emotional
distress claim).

Southworth v. Grebe, 151 F.3d 717, reh'g en banc denied, 157 F.3d
1124 (7th Cir. 1998), cert. granted, Board of Regents, University
of Wisconsin v. Southworth, 119 S.Ct. 1332 (U.S.Sup.Ct.,  Mar.
29, 1999) (use of mandatory student activity fees to fund
politically-active student organizations violates First Amendment
rights of objecting students). 

Spearman v. Ford Motor Co., 1999 WL 754568 (N.D.Ill., Sept. 9,
1999) (homophobic harassment is actionable under Title VII, where
conduct is pervasive and severe).

Stanley v. Illinois, 405 U.S. 645 (1972) (biological parent who
is fit to have custody has a constitutional liberty interest at
stake).

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

State of Alabama v. Mullins (Ala. Cir. Ct., Coosa Co., guilty
plea entered June 24, 1999), life sentences imposed, Aug. 5,
1999. (murder of Billy Jack Gaither).

State of California v. Nary (San Francisco Superior Court, jury
verdict, October 1999) (murder of gay man after commission of
oral sex).

State of Florida v. Baker (Hillsborough County Circuit Court,
Ficarrotta, J., June 23, 1999) (ruling that Florida domestic
violence law applies to same-sex couples).

State of Florida v. Cox, 627 So.2d 1210 (Fla.App., 2nd Dist.,
1993) (rejecting constitutional challenge to ban on adoption of
children by homosexuals).

State of Florida v. Donahue and Dodge (Fla.Cir.Ct., W. Palm
Beach, jury verdict reached June 14, 1999) (murder of Steven
Goederis).

State of Hawaii v. Perez, 976 P.2d 379 (Haw. Feb. 8, 1999)
(vacating attempted murder conviction of man who fired shots at
wife who had moved out to live with her lesbian lover).

State of Idaho v. Thomas, 1999 WL 551384 (Idaho App., July 26,
1999) (affirms felony confiction for exchange of bodily fluids
that may be HIV infected).

State of Indiana v. Martin (Ind. Super. Ct., Marion Co., Wiles,
J., May 11) (confinement and probation ordered for HIV+ man who
failed to disclose his medical status to two female sex
partners).

State of Louisiana v. Brenan, 739 So.2d 368 (La. Ct. App., 1st
Cir., July 1, 1999) (obscene devices statute unconstitutionally
overbroad).

State of Louisiana v. Lee, 1999 WL 173656 (La. Ct. App. Mar. 24,
1999) (upholding life sentence for HIV+ man convicted of cocaine
possession). 

State of Louisiana v. Smith, 729 So.2d 648 (4th Cir. Feb. 9,
1999), review granted, June 25, 1999 (state sodomy law, as
applied to individuals who are legally capable of giving their
consent, is unconstitutional under state constitution).

State of Michigan v. Schmitz (Mich., Oakland Co. Cir. Ct., Potts,
J., Sept. 14, 1999) (sentencing of murderer of Scott Amedure, who
revealed his crush on the defendant during taping of Jenny Jones
TV show).

State of Missouri v. Carter, 996 S.W. 2d 141 (Mo. App., W.D.,
July 27, 1999) (In statutory sodomy prosecution, it was error to
admit evidence of defendant's prior convictions at guilt phase to
demonstrate propensity to commit sex crimes against children).

State of Missouri v. Cogshell, 997 S.W.2d 534 (Mo. App., W.D.,
July 6, 1999, motion to modify denied, Aug. 31, 1999) (Consent is
a defense under revised Missouri sodomy statute; consensual
sodomy no longer prohibited by penal code).

State of Missouri v. Graham, 1999 WL 587292 (Mo. App., West.
Dist., July 27, 1999) (man convicted of molesting child entitled
to new jury consideration of penalty in light of change in the
law).

State of Missouri v. Stewart (Mo. Super. Ct., St. Charles,
12/5/98) (Jury convicts father of infecting son with HIV through
injection).

State of Nebraska v. Lessley, 1999 WL 825386 (Neb. Sup. Ct., Oct.
15, 1999) (prior sexual history of lesbian victim deemed relevant
on charges of anal rape by male co-worker).

State of New Jersey v. Apprendi, 1999 WL 417435 (N.J., June 24,
1999) (rejecting challenge to bias crime penalty enhancement
statute).

State of New Mexico v. Lopez (N.M. Sup. Ct., Dec. 28, 1999)
(affirming murder conviction of slaughterer of gay school
teacher).

State of North Carolina v. Monk, 511 S.E.2d 332 (Ohio Ct.
App.1999) (affirming conviction of defendant of statutory rape
and taking indecent liberties with a minor, rejecting argument
that how HIV-status was treated in the context of the case). 

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

State of Ohio v. Couturier (Oh., Franklin Co. Common Pleas Ct.,
Fais, J., July 28, 1999) (sentencing HIV+ man to 7 years in
prison for exposing 13 year old girl to HIV).

State of Ohio v. Davis, 1999 WL 64206 (Ohio Ct. App. Feb. 12,
1999) (not officially published) (affirming manslaughter
conviction of lesbian who shot her lover's husband). 

State of Ohio v. Frost, 1998 WL 864907 (Ohio Ct. App. Nov. 13,
1998) (not officially published) (affirming trial court's
decision to exclude evidence that murder victim's anal tract had
semen in it).

State of Ohio v. Hutchinson, 1999 WL 1236354 (Ohio App., 12th
Dist., Dec. 20, 1999) (affirming conviction of HIV+ man for rape
of 8 year old boy).

State of Ohio v. Midwest Pride IV Inc., 1998 WL 898277 (Ohio Ct.
App. Dec. 28, 1998) (not officially published ) (affirming
conviction of adult bookstore on obscenity charges stemming from
sale of anal-sex pornography).

State of Ohio v. Phipps, 389 N.E.2d 1128 (Ohio 1979) (upholding
statute that prohibits sexual solicitation to unwilling persons
against constitutional challenge by narrowing its construction to
apply only to fighting words). 

State of Ohio v. Russell, 1999 WL 236693 (Ohio Ct. App. Apr. 22,
1999) (unpublished disposition) (affirming conviction of HIV+
defendant for kidnaping and raping a developmentally disabled 17
year old). 

State of Ohio Metroparks v. Lasher, 1999 WL 13971 (Ohio Ct. App.
Jan. 14, 1999) (unpublished disposition) (simple statement by man
in park bathroom telling undercover police officer that he wanted
to suck him did not constitute fighting words). 

State of Rhode Island v. Mullen, 740 A.2d 783 (R.I., Nov. 16,
1999) (Passage of amendment repealing law against consensual
sodomy merited dismissal of pending prosecution where alleged
victim was over the age of consent).

State of Tennessee v. Bennett, 1999 WL 544653 (Tenn. Crim. App.,
July 28, 1999) (not officially reported) (court should consider
sentencing alternatives other than incarceration for a man
convicted of exposing his girlfriend to HIV).

State of Tennessee v. Jones (Knox Co. Crim. Ct., Jenkins, J.,
Oct. 1999) (sentencing HIV+ man to 17 years in prison for
exposing three women to HIV through sexual activity).

State of Tennessee v. Pitts, 1999 WL 144744 (Tenn. Ct. Crim. App.
Mar. 18, 1999) (not officially published) (upholding sexual
battery conviction for oral sex on a disabled person). 

State of Texas v. Broussard (Harris Co. Dist. Ct., Anderson, J.,
May 25) (jury recommended life sentence for HIV+ defendant who
sexually assaulted 7-year old boy).

State of Texas v. Lawrence & Garner  (Tex.Cir.Ct., Harris Co.,
Dec. 22, 1998), appeal pending, Tex. Ct. App., 14th Dist.,
Houston (defendants plead no contest in sodomy prosecution
involving consensual private same-sex conduct; constitutional
challenge to sodomy law raised).

State of Texas v. Ludwick (Tex.Cir.Ct., Travis Co., July 1, 1999)
(jury convicted murderer of gay man).

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

State of Washington v. Enault, 1999 WL 257645 (Wash.App., Div. 1,
April 26) (not officially published) (controversy over whether
sexual orientation of defense counsel should be admitted in
evidence in trial of anti-gay murderer).

State of Washington v. Ferguson, 1999 WL 1004992 (Wash. Ct. App.,
Nov. 5, 1999) (unpublished disposition) (imposing ten year
sentence on HIV+ man convicted of having unprotected se with
several women).

State of Washington v. Harrison, 705 N.E.2d 441 (Wash. Ct. App.
1998) (affirming juvenile court conviction for malicious
harassment on the basis of sexual orientation). 

State of Washington v. Lynch, 970 P.2d 769 (Wash. Ct. App. 1999)
(affirming convictions of defendants charged with malicious
harassment on the basis of the perceived sexual orientation of
the victim). 

State of Washington v. Wilson, 1999 WL 1048646 (Wash.App., Div.
W, Nov. 19, 1999) (unpublished disposition) (evidence of
homosexuality of defendant is admissible in prosecution for rape
of same-sex child).

State of West Virginia v. Milburn, 511 S.E.2d 828  (W. Va. 1998),
petition for cert. filed, No. 98-9326 (4/14/99) (upholding first
degree murder conviction and life sentence of lesbian who killed
her former lover after she moved in with a boyfriend).

State of Wisconsin v. Baker, 1999 WL 270313 (Wis.App., May 5)
(not officially published) (affirms conviction of man who tried
to persuade teenage boy to have sex with him; consent issues).

State of Wisconsin v. Myers, 1999 WL 733821 (Wis. App., Sept. 21,
1999) (not officially published) (convicted criminal's post-
conviction discovery that he was HIV+ is not a justification to
reopen sentencing decision).

State of Wisconsin v. Tanksley, 1999 WL 557677 (Wis. App., July
30, 1999) (admitting testimony about defendant's sexual
orientation was prejudicial error on charge of sexual assault of
two boys).

State of Wyoming v. McKinney (Laramie, Wyoming, District Court)
(prosecution of murderer of Matthew Shepard).

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

Sutton v. United Airlines Inc., 119 S.Ct.2139 (June 22, 1999),
affirming, 130 F.3d 893 (10th Cir. 1997) (medication and
assistive devices are to be taken into account in determining
whether a physical impairment substantially limits a major life
activity in ADA employment discrimination case).

Swanner v. Anchorage Equal Rights Commission, 874 P.2d 274
(Alaska 1994), cert. denied, 513 U.S. 579 (1994) (statutory ban
on marital status discrimination applies to the refusal of a
landlord to rent a residence to unmarried cohabitants).

Swanson v. Envirotest, 1998 WL 928415 (D.Conn. Dec. 18, 1998)
(slip copy) (supervisor can be individually liable for
discrimination on the basis of perceived sexual orientation under
the Connecticut Fair Employment Practices Act).

T

Tanner v. Oregon Health Sciences University, 971 P.2d 435 (Or.
Ct. App. 1998), award of attorney fees, 1999 WL 512056 (Ore.
App., June 16, 1999) (in suit seeking domestic partnership
benefits for same-sex partners of public employees, court holds
state civil rights law banning sex discrimination bars
discrimination against same-sex couples, but safe harbor
provision shields benefits plan from attack; court also holds
state constitution equal protection provision requires extension
of benefits to same-sex partners of public employees).

Tanner v. Oregon Health Sciences University, 980 P.2d 186 (Or.
Ct. App., June 16, 1999) (awarding attorneys fees to counsel for
plaintiffs in case holding that publicly-funded university must
extend employee benefits to same-sex partners under state
constitution's equal protection clause).

Thomas v. Anchorage Equal Rights Commission, 165 F.3d 692 (9th
Cir. 1999), vacated for rehearing en banc, Oct. 19, 1999
(landlord with religious objections to renting an apartment to an
unmarried couple is exempt from state law banning discrimination
on the basis of marital status).

Thomas v. Bet Sound-Stage Restaurant/BRETTCO, Inc., 61 F.Supp. 2d
448 (D. Md., So. Div., Sept. 1, 1999) (allowing defamation action
to proceed on claim by female employee that supervisor defamed
her by calling her a lesbian).

Thomasson v. United States, 1999 WL 690098 (D. Kans., Aug. 23,
1999) (Violence against male transvestite not covered by Violence
Against Women Act).

Tipp-It, Inc. v. Conboy, 596 N.W.2d 304, 257 Neb. 219 (Neb., July
9, 1999) (pictures hanging in basement of gay bar depicting gay
sex were obscene and subject to criminal prosecution).

Troxel v. Granville, 1999 WL 551940 (U.S.Sup.Ct., granting
certiorari, Sept. 28, 1999), reviewing In re Custody of smith,
969 P.2d 21 (Wash. 1998) (concerning constitutional issues
surrounding grandparents' visitation petition).

Turner v. Safley, 482 U.S. 78 (1987) (equal protection suit
against prison requires weighing of legitimate penological
interests against asserted constitutional right).

Turner v. United States Navy, Civ. Act. No. 97-1653
(U.S.Dist.Ct., D.D.C., Dec. 23, 1998)(unpublished disposition)
(reconsideration of discharge based on grounds of homosexual
solicitation).

T.W. v. The "X" Company (N.Y.Sup.Ct., Suffolk Co.)(NYLJ, 7/12/99)
(dismissing emotional distress claim by lesbian plaintiff, but
suggesting defendant's attorney breached ethics by revealing
plaintiff's sexual orientation in responsive court papers).

Tyson, Matter of Felix, a Child, <MI>1999 WL 9974889 (Ore. Cit.
Ct., April 20, 1999) (order HIV+ mother not to breastfeed child).

U

United States v. Allen, 1999 WL 305093 (U.S. Air Force Ct. Crim.
App., April 22) (rejecting constitutional challenge to military
sodomy regulations as applied to consenting adult heterosexuals).

United States v. Eggen, 51 M.J. 159 (Ct.App. Armed Forces, July
30, 1999) (affirms sodomy conviction of Marine sergeant).

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

United States v. Hammond, 37 F.Supp.2d 204 (E.D.N.Y., Feb. 24,
1999) (HIV+ status warrants downward departure from sentencing
guidelines for drug offense defendant).

United States v. Nadel, 48 M..J. 485 (Ct.App.A.F. 1998) (affirmed
conviction for indecent assault and indecent exposure stemming
from homosexual advance).

United States v. Rivera-Maldonado, 1999 WL 902265 (1st Cir., Oct.
19, 1999) (trial court correctly refused downward departure in
sentencing for HIV+ defendant who was apparently healthy).

United States v. Smith, 1999 WL 89050 (7th Cir. Feb. 19, 1999)
(unpublished disposition) (HIV+ patients without full-blown AIDS
are not entitled to downward departure in sentencing from federal
sentencing guidelines). 

United States v. Warden, 51 M.J. 78 (Ct.App. Armed Forces, July
21, 1999) (Upholds conviction of HIV+ service member for having
unprotected intercourse without disclosing his HIV status).

United States v. Whitner, 51 M.J. 457 (Ct. App. Armed Forces,
Sept. 24, 1999) (sexually explicit gay videotape and gay
magazines found on premises of defendant is admissible in
consensual sodomy trial).

Urofsky v. Gilmore, 167 F.3d 191 (4th Cir. 1999) (upholding
Virginia statute restricting state employees from accessing
sexually explicit material on state-owned computers). 

V


V.C. v. M.J.B., 725 A.2d 13 (N.J. Super. Ct. App. Div. Mar. 5,
1999) (granting visitation rights to a non-biological lesbian
co-parent, but denying petition for joint custody). 

Valdez v. State of Texas, 993 S.W.2d 340 (Tex. Ct. App. Apr. 29,
1999) (reversing male defendant's sexual assault charges
allegedly perpetrated on two mentally-handicapped males he met
while working in a group home). 

Valentine v. Standard & Poor's, 1999 WL 436772 (S.D.N.Y., June
24, 1999) (dismissing ADA suit brought by gay plaintiff pro se;
plaintiff failed to allege sexual orientation discrimination
under NY City ordinance).

Valley Medical Specialists v. Farber, 1999 WL 398614 (Ariz., June
18, 1999) (restrictive covenant unenforceable against AIDS
doctor).

Von Eiff v. Azicri, 720 So.2d 510 (Fla. 1998) (statute
authorizing child visitation by grandparents over protest of
parents violated constitutional rights of parents).

W

W.G.A. v. Priority Pharmacy, Inc., 184 F.R.D. 616 (E.D. Mo. Mar.
15, 1999) (granting motion of plaintiff to use initials as
fictitious name to proceed in suit against pharmacy that
disclosed plaintiff's HIV-status). 

Wallengren v. Samuel, 39 F.Supp.2d 343 (S.D.N.Y. Feb. 11, 1999)
(finding that former employee is entitled to a trial of his claim
that he was fired because he has AIDS). 

Walsh v. State of Georgia, 512 S.E.2d 408 (Ga. Ct. App. 1999)
(evidence of homosexual proclivity is relevant to child
molestation charge). 

Wascura v. Carver, 169 F.3d 683 (S.D. Fla. 1999) (Family and
Medical Leave Act claim may not be asserted against city
officials in their individual capacities). 

Washington v. Alston, 172 F.3d 39 (table), 1999 WL 66152 (2d Cir.
Feb. 10, 1999) (unpublished disposition) (prison medical records
clerk was entitled to qualified immunity in a suit for damages
for her release of a prisoner's HIV-related medical information
in response to a discovery request). 

Watson v. City of Miami Beach, 177 F.3d 932 (U.S.Ct.App., 11th
Cir., May 28, 1999) (requirement that police officer disclose
HIV/AIDS status as part of mandatory department-wide TB testing
and control program was job-related and consistent with business
necessity, so did not violate ADA).

Wayne v. Jarvis, 1999 WL 1123046 (11th Cir., Dec. 8, 1999)
(rejecting 8th Amendment claim by inmate who was housed in
section dedicated to gay prisoners and suffered assault from
other prisoners).

Weaver v. Nebo School District, 29 F.Supp.2d 1279 (C.D. Utah
1998) (district violated constitutional rights of lesbian coach
when she was instructed not to speak about her sexuality
publicly).

Weaver v. State of Arkansas, 990 S.W.2d 572 (Ark.App., May 12,
1999) (prosecutor may subpoena medical records, including HIV-
related information, where needed to investigate allegations that
suspect is transmitting HIV to others).

Webb v. Puget Sound Broadcasting Co., 138 Lab. Cas. (CCH) para.
58,612, 1998 WL 898788 (Wash. Ct. App., Dec. 28, 1998) (not
officially published) (rejecting gay man's challenge to the
state's employment-at-will doctrine and ruled that state public
policy does not prohibit private employers from firing an
employee based solely on his/her sexual orientation).

Weigand v. Houghton, 730 So.2d 581 (Miss. Feb. 4, 1999) (affirmed
chancery court decision to deny the application of a gay father
for modification of a custody and visitation order in effect with
regard to his son, despite evidence of troubled household in
which son was living with mother and abusive stepfather). 

Weisbruch v. Weisbruch, 710 N.E.2d 439, 304 Ill.App.3d 99, 237
Ill. Dec. 809 (Ill. Ct. App. Apr. 14, 1999) (same-sex couple can
be found to be engaged in a conjugal relationship, even where no
evidence that relationship is sexual in nature is presented). 

Wheeler v. Marathon Printing, Inc., 974 P.2d 207 (Or. Ct. App.
1998) (upholding damages award against co-worker and employer for
homophobic harassment and holding that employer is not liable for
intentional infliction of emotional distress based on its failure
to end such harassment).

White v. City of Boston, 714 N.E.2d 335 (Mass. S.J.Ct., July 8,
1999) (Mayor's domestic partnership executive order is
inconsistent with state law definition of "dependents" for
purposes of determining benefits eligibility of municipal
employees, thus violating Home Rule Amendment and Home Rule
Procedure Act).

White v. Thompson; Coke & Dooley v. Looper, 1999 WL 787517 (Tenn.
App., Sept. 27, 1999) (rejecting visitation petitions filed by
lesbian co-parents on standing grounds).

Williams v. Glendening  (Md. Cir. Ct., Baltimore City, Oct. 15,
1998) (state law criminalizing oral sex may not be used to
prosecute private consensual sex between adults of the same sex).

Williams v. Pryor, 41 F.Supp.2d 1257 (N.D. Ala. Mar. 29, 1999)
(Ala.. law which prohibits the sale of sex toys, such as dildos
and vibrators, violates the Due Process clause of the 14th
Amendment).

Williams v. Reed, 1999 WL 1219945 (Mo. App., West. Dist., Dec.
14, 1999) (Judge should have recused himself from ruling on
custody case involving lesbian mother, where judge had expressed
hostility toward mother concerning unfounded allegation that
judge's wife was engaged in a lesbian affair).

Wills v. Wills, 399 So.2d 1130 (Fla.App., 4th Dist., 1981)
(stepmother granted temporary visitation rights). 

Wittenberg v. St. Charles Mercy Hospital, 1999 WL 728102
(N.D.Oh., Sept. 14, 1999) (employee subjected to hearing co-
worker talk about her lesbian activities did not have a viable
claim of hostile environment sexual harassment).

Wright v. Johns Hopkins Health Systems Corp., 728 A.2d 166 (Md.
Ct. Spec. App. Apr. 20, 1999) (hospital is not liable for
resuscitating PWA though patient had made "do not resuscitate"
request at earlier admission; no notation on patient chart). 

X

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

Xu v. Fang (Xuanwu Dist. Ct., China, Sept. 30, 1999) (imputing
homosexuality to a person is defamatory, because homosexuality is
abnormal and unacceptable to the public).


Y


Yao, In the Matter of, 680 N.Y.S.2d 546 (1st Dept. 1998)
(disbarred non-practicing gay attorney for extortion against a
gay executive).

Youmans v. Ramos, 711 N.E.2d 165 (Mass., June 22, 1999) (maternal
aunt may seek visitation over protest of father in best interest
of the child where aunt has established parental relationship
with child).

Yurida, In re; Orange County Social Services Agency v. Ana M., 80
Cal.Rptr.2d 921 (Cal. Ct. App. 1998) (permanent plan to place
orphaned sisters for adoption must depend on a showing that
adoptive parents, who are aware of one sister's HIV infection,
are waiting in the wings). 

Z

Z., In re the Adoption of Baby, 724 A.2d 1035 (Conn. Jan. 26,
1999) (granted state's appeal against lesbian couple seeking to
effect a second-parent adoption of child).

Z.C.W., Guardianship of; Kathleen C. v. Lisa W.; 84 Cal.Rptr.2d
48, 71 Cal.App.4th 524 (Cal. App. Apr. 19, 1999), review denied,
July 21, 1999 (rejecting guardianship petition from lesbian
co-parent, citing lack of evidence that biological mother's
continued custody would be detrimental to children). 

Zillyette v. Capital One Financial Corp., 179 F.3d 1337, 9 A.D.
Cases (BNA) 925 (11th Cir., July 7, 1999) (HIV discrimination
claim was not timely filed when plaintiff ignored notices from
Postal Service about attempts to deliver right to sue letter)