Arthur S. Leonard, Professor, New York Law School ALeonard@nyls.edu or ASLeonard@aol.com 212-431-2156 Lesbian/Gay Law Notes Case Table - 2000 Compiled by Arthur S. Leonard Acosta v.Loews Corp., 717 N.Y.S.2d 47 (N.Y.App.Div., 1st Dept., Nov. 28, 2000) (finding Supreme Court jurisdiction on sexual orientation discrimination claim; prior filing with NYC Human Rights Commission is not an election of remedies). A.D.T. v. United Kingdom, Application No. 35765/97 (European Ct. of Hum. Rts., Chamber Decision, July 31, 2000) (right of privacy applies to group sex engaged in consensually between adults in a private place). Agenia P., In re, 28 Cal.3d 908 (1981) (custody may be awarded to non-parent when parent is acting in a fashion incompatible with parenthood). Alison D. v. Virginia M., 77 N.Y.2d 651 (1991) (lesbian co-parent, as biological stranger to child, did not have standing to seek visitation). Alsbrook v. Maumelle, 120 S.Ct. 1265 (March 1, 2000), cert. dismissed due to settlement by parties (presenting question whether states are immune from suit under Title I of ADA), case below, 184 F.3d 999 (8th Cir. 1999).. American Civil Liberties Union v. Reno, 217 F.3d 162, 28 Media L. Rep. 1897 (U.S.Ct.App., 3rd Cir., June 22, 2000) (Child Online Protection Act is probably unconstitutional; affirmed preliminary injunction against enforcement of statute incorporating community standards test to determine whether material posted on the internet is "harmful to children"). Ampersand, Inc. v. Finley, 338 N.E.2d 15 (Ill. 1975) (Illinois home rule legislative authority is restricted to purely local matters). Anderson-Johanningmeier v. Mid-Minnesota Women's Center, Inc., 2000 WL 1869555 (Minn. Ct. App., Dec. 26, 2000) (unpublished disposition) (rejecting hostile environment claim against lesbian supervisor). Andino, Petition of, Puerto Rico Sup. Ct. (July 16, 2000?) (based on newspaper report; ordering public officials to issue a birth certificate reflecting a change of gender assignment). Apprendi v. State of New Jersey, 120 S.Ct. 2348 (June 26, 2000) (New Jersey hate crime law unconstitutionally gives sentencing judge authority to determine that defendant=s state of mind merits penalty enhancement by preponderance of evidence; since bias element can result in sentencing beyond normal guidelines for offense, it is an Aelement@ of the crime that must be proved to the factfinder [jury] beyond a reasonable doubt). Archer v. Mesaba Aviation, Inc., 210 F.3d 371 (table), 2000 WL 376677 (6th Cir., April 3, 2000) (airline that fired gay HIV+ flight attendant based on belief that he engaged in oral sex with passenger on flight was not entitled to summary judgment in ADA case based on its "honest belief" about what happened, when it failed to make a reasonable investigation; grant of summary judgment reversed). Arlington County, Virginia v. White, 429 S.E.2d 706 (Va. Sup. Ct., April 21, 2000) (county legislature exceeded its authority by enacting domestic partnership benefits law for county employees; state law authorizing public employee benefits did not support extending coverage to those who were not dependents of employees). Armendariz v. Foundation Health Psychcare Services, Inc., 24 Cal. 4th 83, 6 P.3d 669, 99 Cal. Rptr. 2d 745 (Cal. Sup. Ct., Aug. 24, 2000) (sexual orientation discrimination claim brought under Fair Employment and Housing Code could be subject to enforceable arbitration agreement, but agreement in question was too one-sided for enforcement). Ayotte v. Kates, 25 Conn. L. Rptr. 599, 1999 WL 1063261 (Conn. Super., Nov. 3, 1999) (not reported in A.2d) (Where hospital officials advised plaintiff to get HIV test after blood exposure incident, she could seek emotional distress damages). Baby Z., Adoption of, 724 A.2d 1035 (Conn. Sup. Ct., 1999) (co-parent adoption not authorized under general adoption statute - problem subsequently cured by legislation in 2000). Bacharach, Petition of (N.J. Super. Ct.) (appeal of refusal to allow a lesbian to change her last name to a hyphenated name including her partner's surname). Baehr v. Miike, 92 Hawaii 634, 994 P. 2d 566 (table), 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). Baird v. Mervyn's, Inc., 2000 WL 295616, Prod. Liab. Rep. (CCH) Para. 15,777 (U.S.Dist.Ct., N.D. Tex., March 21, 2000) (rejecting emotional distress claim by store customer who suffered puncture wound from hypodermic needle found in pants bought in store). Baker v. Dorfman, 2000 WL 1233349 (2nd Cir., Sept. 1, 2000) (person falsely diagnosed HIV+ can bring emotional distress claim under NY law, affirming jury verdict on malpractice claim). Baker v. State of Arkansas, 2000 WL 573222 (Ark. Sup. Ct., May 11, 2000) (unpublished disposition) (affirmed conviction for murder of gay man and attempted murder of victim's gay friend during the course of a robbery; rejecting self-defense claim involving sexual advances). Baker v. State of Vermont, 744 A.2d 864 (Vt., 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; plaintiffs announced May 9 that they would not ask state supreme court to review subsequent Civil Union legislation for compliance with court order). Baker v. Wade, 553 F. Supp. 1121 (N.D. Tex. 1982), rev. en banc, 769 F.2d 289 (5th Cir. 1985), cert. denied, 478 U.S. 1022 (1986) (rejecting constitutional challenge to Texas sodomy law). Barthelmes v. Martineau, 2000 WL 1269666 (Mass. Super. Ct., May 22, 2000) (rejecting defamation and emotional distress claims brought by employees who were discharged for engaging in same-sex harassment of another employee). Batson v. Kentucky, 476 U.S. 79 (1986) (constitution forbids using peremptory jury challenges to discrimination on the basis of race). Baumgardner v. County of Cook, Illinois, 108 F. Supp. 2d 1041, 11 A.D. Cases (BNA) 130, 19 NDLR para. 87 (N.D. Ill., Aug. 4, 2000) (Equal protection claim against public employer may be brought even if alleged discrimination does not involve a suspect classification, citing Romer v. Evans). Bavin v. NHS Trust Pensions Agency, 1999 ICR 1192 (EAT), appealed to European Ct. of Justice, Oct. 4 (eligibility of surviving partner of transsexual for pension to be determined). Beaton v. Vinje Realty Corp., F.J. Kazeroid Realty Group, Inc. (N.Y. Sup. Ct., Kings Co., settlement announced April 14) (settling claim that real estate agency discrimination against gay male couple in apartment rental). Beger v. Acting Commissioner, Div. of Medical Assistance, 2000 WL 576335 (Mass. Super. Ct., May 1, 2000) (not published in N.E.2d) (state medicaid administrator erred in denying coverage for breast reconstruction procedure for person who had undergone sex-reassignment surgery long ago and now needed reconstruction due to problems with implants; regulation banning use of medicaid funds to reassignment surgery did not apply where reconstruction was medically required). Berner-Kadish v. Minister of the Interior (Israel High Court of Justice, May 29) (Interior Ministry did not have discretion to deny registration of lesbian adoptive parent of child; whether to recognize California same-sex parent adoption is not within cognizance of Interior Ministry, but must await judicial resolution in appropriate forum). Bibby v. Philadelphia Coca Cola Bottling Co., 85 F. Supp. 2d 509 (E.D. Pa., March 2, as amended March 17, 2000) (dismissing homophobic harassment case as not actionable sex discrimination under Title VII). Bitner v. Pekin Memorial Hospital, 2000 WL 1877520 (Ill. Ct. App., 3rd Dist., Dec. 22, 2000) (police officer exposed to suspect's blood does not have statutory "right to know" whether suspect is HIV+). Blackman v. State of Texas, 2000 WL 567985 (Tex. Ct. App. - Dallas, May 8, 2000) (not authorized for official publication) (affirming life sentence for woman convicted of murder of her lesbian partner; court found circumstantial evidence in the record sufficient to sustain verdict in the absence of direct evidence on the guilt of the defendant). Blade v. U.S. Bankruptcy Ct., 109 F. Supp. 2d 872 (S.D. Ohio, Aug. 2, 2000) (existence of administrative process for dealing with employment discrimination claims in the Bankruptcy Court displaces Bivens-type litigation). Blood Bank of Delaware, Inc. v. Price, 2000 WL 275540 (Del. Sup. Ct., Feb. 28, 2000) (unpublished disposition) (blood bank is not a health care provider for purposes of state medical malpractice reform statute). Board of Education of the Westside Community Schools v. Mergens, 496 U.S. 226 (1990) (Equal Access Act requires schools to allow controversial student organizations to meet on campus if other non-curricular clubs are allowed to meet). Board of Regents of the University of Wisconsin System v. Southworth, 120 S.Ct. 1346 (March 22, 2000) (Rejects argument that state university students have a First Amendment right to challenge content-neutral university fee system for funding student organizations). 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). Bourdouvales v. Wal-Mart, No. L3424-00 (Middlesex, N.J., County Super. Ct., July 17, 2000) (awarding damages to preoperative male-to-female transsexual in default judgment on discrimination claim). Bowers v. Hardwick, 478 U.S. 186 (1986) (rejecting constitutional privacy challenge to Georgia felony sodomy law). Boy Scouts of America v. Dale, 120 S.Ct. 2446 (2000) (Application of N.J. public accommodations law to BSA to require reinstatement of Aavowed homosexual and gay rights activist@ as adult member/assistant scoutmaster violates the 1st Amendment right of expressive association of the Boy Scouts organization) B.P. and A.P., Matter of Youths in Need of Care, 995 P.2d 982 (Mont. Sup. Ct., Feb. 15, 2000) (mother turning children against gay father cited as one among several factors leading to conclusion mother was unfit for custody). Bragdon v. Abbott, 118 S.Ct. 2196 (1998) (HIV+ woman was a person with a disability under the Americans with Disabilities Act, even though in the Aasymptomatic@ state; remand to determined whether she would present direct threat to dentist who was balking at providing routine dental services to her in his office). Branch Ministries v. Rossotti, 211 F.3d 137 (D.C.Cir., May 12, 2000) (upholding revocation of church's tax exempt status for engaging in partisan politics; church placed advertisements shortly before 1992 election urging defeat of Clinton for, inter alia, his pro-gay positions). Brandt v. Becht (Ga. Super. Ct., DeKalb County, 6/00) (dismissing lesbian co-parent custody and visitation claim on authority of Troxel v. Granville), reported in Southern Voice, June 15. Braschi v. Stahl Associates Co., 531 N.Y.S.2d 562 (N.Y.App.Div., 1st Dept., 1988), rev'd, 74 N.Y.2d 201 (1989) (protection against eviction does not extend to same-sex partner who resided with deceased tenant; reversed on appeal, setting major precedent of judicial recognition of same-sex partners under rent protection laws). Broadus v. State Farm Insurance Co., 2000 WL 1585257 (W.D.Mo., Oct. 11, 2000) (Title VII does not provide a cause of action for transsexual subjected to workplace harassment). Brown v. Board of Education of Topeka, Kansas (U.S., 1954) (racial segregation of public schools violates Equal Protection Clause). Brown v. Youth Services International of South Dakota, Inc., 89 F. Supp. 2d 1095 (D. S. Dak., March 15, 2000) (rumors that a worker at a youth facility who molested inmates was gay are an insufficient basis to find the facility negligent). Bryant v. City of New York, 2000 WL 1523284 (S.D.N.Y., Oct. 11, 2000) (unsealing settlement order in discrimination suit by lesbian police officer). Bryant v. Picado, No. 98-01233 (Arkansas - Pulaski County Cir. Ct., Bogard, J., Feb. 10, 2000) (in challenge to state sodomy law, trial court rules that state attorney general and county prosecutor are appropriate named defendants in declaratory judgment action). Bryce v. Episcopal Church in the Diocese of Colorado, 121 F. Supp.2d 1327 (D. Colo., Nov. 15, 2000) (rejecting lesbian youth minister's Title VII and Civil Rights claims on grounds of "ministerial" nature of her job, and her partner's claims as barred by 1st Amendment free exercise clause). Brzonkala v. Virginia Polytechnic Institute and State University, 169 F. 3d 820 (4th Cir. en banc, 1999), aff'd sub nom United States v. Morrison, 120 S.Ct. 1740 (2000) (Violence Against Women Act civil remedy provision was beyond Congressional authority to enact under the Commerce Clause). Burdine v. Johnson, 231 F. 3d 950 (5th Cir., Oct. 27, 2000), rehearing en banc granted, 2000 WL 1785536 (5th Cir., Dec. 5, 2000) (rejected habeas corpus petition from gay man whose attorney slept through part of murder trial during which prosecution was engaged in prejudicial questioning concerning sexual orientation of defendant; dissent says the ruling shocks the conscience). Butera v. District of Columbia, 83 F. Supp. 2d 25 (D.D.C., Dec. 22, 1999) (expert testimony that HIV+ man might live 60 years was admissable in light of new treatments). Butler v. State of Alabama, 2000 WL 572732 (Alabama Ct. Crim. App., April 28, 2000) (slip copy) (upholds life sentence for participant in anti-gay murder of Billy Jack Gaither, case that attracted national media attention). Cajigas v. Order of St. Benedict, 115 F. Supp. 2d 246 (D. P.R., Sept. 21, 2000) (granting summary judgment to defendant in HIV employment discrimination claim, on grounds that defendant did not know plaintiff was HIV+ when he was discharged). Campbell, Matter of Claim of, 706 N.Y.S.2d 492 (N.Y.App.Div., 3rd Dept., April 13, 2000) (health care worker dismissed for making homophobic remarks to patients had engaged in misconduct within meaning of unemployment compensation law, and was thus not qualified for benefits). Carl, Matter of, 184 Misc. 2d 646, 709 N.Y.S. 2d 905 (N.Y.C. Family Ct., Queens Co., May 10, 2000) (approving joint adoption by unmarried heterosexual couple). Carmeleta B., In re, 21 Cal. 3d 482 (1978) (custody may be awarded to non-parent when parent is acting in fashion incompatible with parenthood). Carter v. Brodrick, 644 P.2d 850 (Alaska 1982) (de facto parenthood standard in visitation dispute). Carter v. Grant, 97-2106 (La. Ct. App., 4th Cir., Oct. 25, 2000) (in suit for false HIV+ diagnosis, statute of limitations did not begin to run until plaintiff received a confirmed negative antigen test, since her doctor had twice dismissed the correctness of a negative ELISA test result). Cash v. Illinois Div. of Mental Health, 209 F.3d 695 (7th Cir., April 7, 2000) (rejecting appeal from man who claimed he was harassed by fellow employees for being closeted and insufficiently open about his homosexuality). Castagno v. Wholean, 684 A.2d 1181 (Conn. 1996) (disruption of family unit through divorce or separation of parents is prerequisite to suit by grandparents for visitation). C.B.L., Matter of Visitation with; A.B. v. H.L., 723 N.E.2d 316 (Ill. App., 1st Dist., Dec. 16, 1999, reh' denied, Jan. 24, 2000) (lesbian co-parent lacks standing to seek visitation with child). C.C.G. and Z.C.G., In re Adoption of, 762 A.2d 724 (Penn. Super. Ct., Nov. 8, 2000) (Denying petition for second parent adoption by father's same-sex partner; statute will not allow for adoption unless father relinquishes parental rights). City of Atlanta v. Moran, 492 S.E.2d 193 (Ga. Sup. Ct. 1997) (Atlanta domestic partnership ordinance, recrafted to reflect judicial concerns about legislative authority, withstands second round of review). City of Dallas v. England, 846 S.W.2d 957 (Tex. App. - Austin, 1993), writ dism=d without judgment (Texas sodomy law violates state constitution). City of Erie v. Pap's A.M., 120 S.Ct. 1382 (March 29, 2000) (Rejecting constitutional challenge to municipal ordinance forbidding nudity in places of public accommodation). City of New York v. Big Apple Cinema, NYLJ, 9/20/2000, P. 26, col. 3 (N.Y.Sup.Ct., N.Y.Co.) (rejecting attempt by city to close down adult cinema under zoning ordinance). City of New York v. Dezer Properties, Inc., 710 N.Y.S. 2d 836 (N.Y.Ct.App. [memo], May 4, 2000) (reaffirmed holding of City of New York v. Les Hommes, infra, that local zoning ordinance must be strictly construed in determining whether a business is an "adult use", vacated Appellate Division ruling and reinstated Supreme Court ruling), reversing 697 N.Y.S.2d 41 (App. Div., 1st Dept., Oct. 28, 1999). 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. Love Shack, NYLJ, 4/4/2000 (N.Y. Sup. Ct., Bronx Co.) (regulation basing adult usage designation for purposes of zoning ordinance based on proportion of business income derived from adult business is unconstitutional due to chilling effect of moving target on ability of merchant to know how business will be classified). City of New York v. Warehouse on the Block, 703 N.Y.S.2d 900 (N.Y. Sup. Ct.., Queens Co., Jan. 21, 2000) (New city guidelines on anti-porn zoning may not be applied retroactively to cases pending when they were promulgated). Clark v. Doe, 2000 WL 1522855 (E.D. Pa., Oct. 13, 2000) (rejecting 8th Amendment claim in prisoner dispute over HIV-related treatment). Cleveland v. Policy Management Systems, 119 S.Ct. 1597 (1999) (disability benefits recipient not automatically estopped from being employment discrimination claim under ADA). Coca-cola Bottling Co. v. Hagan, 750 So.2d 83 (Fla.Ct.App., 5th Dist., 2000)(actual exposure to HIV required for AIDS phobia suit). Colin v. Orange Unified School District Board of Education, 83 F. Supp. 2d 1135 (C.D. Cal., Feb. 4, 2000) (Orders public high school to allow Gay/Straight Alliance to meet on campus, pursuant to Equal Access Act). Commonwealth of Kentucky v. Makuach, 2000 WL 711149 (Tenn. Ct. Crim. App., June 2, 2000) (unpublished disposition) (upholding manslaughter conviction for Amercy killing@ of HIV+ man). 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 Pennsylvania v. Davis (Penn. Dist. Ct., Easton, guilty plea and sentencing April 4, 2000, Elwell, J.) (HIV+ woman sentenced to 4-10 years after allegedly biting, scratching and bleeding on law enforcement officers). Commonwealth of Pennsylvania v. Dilliard (Pa., Lehigh County Ct., Oct. 10, 2000) (sentencing of HIV+ prostitute). Commonwealth of Virginia v. Harris (Va., Roanoke Cir. Ct., April 6, 2000) (jury convicted murdered, rejecting homosexual panic defense). Commonwealth of Virginia v. Paris, 1999 WL 1499542 (Va. Cir. Ct., Fairfax Co., Dec. 16, 1999) (letter opinion, not officially published) (upholding state sodomy law against constitutional challenge). Community Board No. 3 (Brooklyn) v. Giuliani, NYLJ, 2/2/00 (N.Y.Supreme Ct., N.Y. Co., Braun, J.) (rejecting attempt to block city project to house people with AIDS in residential neighborhood). Connors v. City of Boston, 714 N.E.2d 335 (Mass. 1999) (striking down Boston domestic partnership benefits plan for city workers). Conway v. City of Hartford, 760 A.2d 974 (Conn. Ct. App., Nov. 7, 2000) (transsexual plaintiff in discrimination case nonsuited for failing to comply with discovery requests). Cooke v. SGS Tool Co., 2000 WL 487730 (Ohio Ct. App., 9th Dist., April 26, 2000) (unpublished disposition) (dismissal of female employee after she ended affair with female supervisor was not actionable as sex discrimination or harassment). County of San Diego v. McAlindin, 120 S.Ct. 2689 (June 19, 2000), denying certiorari in McAlindin v. County of San Diego, 201 F.3d 1211 (9th Cir. 2000) (person whose medication significantly impairs his sexual performance has a disability within the meaning of the Americans With Disabilities Act, because engaging in sex is a major life activity). Cox v. Denny's, Inc., 1999 WL 1317785 (U.S.Dist.Ct., M.D. Fla., Dec. 22, 1999) (slip copy) (Title VII does not protect transsexual from employment discrimination). Cox Broadcasting Corp. v. Cohn, 420 U.S. 469 (1975) (publication of material from court records is protected by 1st Amendment from tort liability). Crespo v. 160 West End Avenue Owners Corp., 687 N.Y.S. 2d 79, 253 App.Div.2d 28 (N.Y.App.Div., 1st Dept., 1999) (collective bargaining agreement governing building workers in N.Y.C. does not require arbitration of discrimination claims). Cross v. Alpha Therapeutic Corp., 2000 WL 282787 (U.S.Dist.Ct., E.D. La., March 14, 2000) (slip copy) (granting summary judgment to manufacturer of blood clotting medication in HIV transmission case); 2000 WL 1140491 (U.S.Dist.Ct., E.D. La., Aug. 11, 2000) (refusal to grant summary judgment to defendant against claim of conspiracy to mislead hemophiliacs about danger of HIV infection from use of clotting medication). Cruet v. Emory University, 85 F. Supp. 2d 1253 (N.D.Ga., Jan. 28, 2000) (general tort statute may not be used to append claim to ADA discrimination case). Cuevas v. State of Florida, 770 So. 2d 703 (Fla. Dist. Ct. App., 4th Dist., Oct. 11, 2000) (upholding guilty plea in anti-gay hate crimes case). Cull v. Commonwealth of Virginia, 2000 WL 311169 (Va. App., Richmond, March 7, 2000) (not for publication) (upholding convictions in gruesome murder springing from lesbian lovers' quarrel). Cuoco v. Moritsugu, 222 F. 3d 99 (2nd Cir., July 28, 2000) (prison officials immune from liability for denying continued estrogen treatment to preoperative male to female transsexual inmate). Curley v. North American Man Boy Love Association (Mass. Super. Ct., litigation pending; parents seek to hold NAMBLA liable for murder of their son by man who reportedly had NAMBLA affiliation). Curry v. Morgan Stanley & Co., 193 F.R.D. 168, 83 F.E.P. Cases (BNA) 221 (S.D.N.Y., April 22, 2000) (in discriminatory discharge suit brought by executive who was discharged after his nude pictures appeared in gay porno magazine, court rejects plaintiff's discovery request for financial records of firm partners; records sought to counter claim that discharge was due to plaintiff's expense account fraud), reported settled Sept. 15 in Wall Street Journal for undisclosed terms not including damages. Curtis v. MRI Imaging Services II, 956 P.2d 960 (Or. 1998) (emotional distress claim arising from medical malpractice must be supported by showing of duty to prevent particular harm alleged). Dale v. Boy Scouts of America, 734 A.2d 1196, 160 N.J. 562 (1999), cert. granted, 120 S.Ct. 865 (Jan. 14, 2000) (see Boy Scouts of America v. Dale for subsequent history) (Boy Scouts of America is a place of public accommodation; exclusion of gay man from position of assistant scoutmaster violates N.J. Law Against Discrimination ban on sexual orientation discrimination; application of law to Boy Scouts does not violate First Amendment right of private association to set membership policy or communicate its core message to members and the public). Dandan v. Radisson Hotel Lisle, 2000 WL 336528 (U.S.Dist.Ct., N.D. Ill., E. Div., March 28, 2000) (slip copy) (bartender not entitled to protection under Title VII against homophobic harassment, but was protected against retaliation for raising complaint about homophobic harassment because he believed that such harassment was unlawful). Das v. Ohio State University, 115 F. Supp. 2d 885 (S.D. Ohio, Oct. 4, 2000) (finding Columbus gay rights ordinance provides basis for common law wrongful discharge claim). David Vincent, Inc. v. Broward County, Florida, 200 F.3d 1325 (11th Cir., Jan. 18, 2000) (upholding county zoning ordinance restricting siting of adult businesses). Davis v. City of New York, 709 N.Y.S.2d 587 (N.Y.App. Div., 2nd Dept., June 19, 2000) (where damage calculation requires evidence bearing on plaintiff's life expectancy, defendant is entitled to present expert testimony of impact of HIV infection on plaintiff's projected lifespan). Davis v. Hopper, 120 S.Ct. 931 (U.S. Sup. Ct., Jan. 18, 2000), denied certiorari in Onishea v. Hopper, 171 F.3d 1289 (11th Cir. 1999) (holding that prison system's exclusion of HIV+ inmates from all activities that might bring them into contact with other inmates does not violate Section 504 of Rehabilitation Act of 1974; while disclaiming doing so, circuit court enacts virtual "no risk" standard under Sec. 504 in prison context). Davis v. Monroe County Board of Education, 526 U.S. 629 (1999) (Title IX provides federal jurisdiction for suits alleging sexual harassment in public schools). Delgado v. Achieve Global F/K/a Learning International, 2000 WL 1861853 (Conn. Super. Ct., Nov. 15, 2000) (heterosexual plaintiff's conclusory allegations insufficient to sustain sexual orientation discrimination claim). Delk v. Columbia/HCA Healthcare Corp., 523 S.E.2d 826 (Va. Sup. Ct., Jan. 14, 2000) (patient who may have been exposed to HIV when sexually assaulted by another patient states cause of action for negligence and intentional infliction of emotional distress, but not negligent infliction of emotional distress, against operator of psychiatric facility). Department of Health and Environmental Control, Ex Parte; State v. Doe, 529 S.E. 2d 290, 339 S.C. 546 (S.C. Ct. App., March 20, 2000), rehearing denied, May 27, 2000 (ordering release of HIV-related information about defendant to public prosecutor's office, where it was relevant to crime charged). DePriest v. Commonwealth of Virginia, 537 S.E.2d 1, 73 Va. App. 754 (Va. Ct. App., Salem, Nov. 21, 2000) (defendants arrested in police sting operation for soliciting sodomy lacked standing for facial privacy challenge to sodomy statute; privacy rights not violated in outlawing public solicitation to engage in activity in park; prison sentences for offense were not cruel and unusual). Devlin v. City of Philadelphia (Pa. Common Pleas Ct., Philadelphia, Oct. 5, 2000) (rejecting challenging to municipal domestic partnership ordinance). DiBartolo v. City of Philadelphia, 2000 WL 217746 (U.S.Dist.Ct., E.D.Pa., Feb. 15, 2000) (slip copy) (avowed heterosexual may assert sexual orientation discrimination suit against city agency for denying him a supervisory position in AIDS services agency). Dillon v. Frank, 952 F.2d 403 (6th Cir. 1992) (table), full text at 58 FEP Cas. (BNA) 144 (homophobic harassment not actionable under Title VII). DiSanto v. McGraw-Hill, Inc./Platt's Division, 220 F.3d 61 (2nd Cir., July 11, 2000) (HIV+ plaintiff failed to square discrimination complaint with allegations in disability benefits claim). Doe v. Brockton School Committee, No. 2000-J-638 (Mass. Ct. App., Nov. 30, 2000) (rejecting school's request to block implementation of trial court's order allowing cross-dressing youth to attend school). Doe v. Great-West Life & Annuity Ins. Co., 208 F.3d 213 (table), 2000 WL 282452 (6th Cir., March 7, 2000) (unpublished disposition) (social disability may trigger eligibility for disability benefits; HBV-infected dentist who could not work solely because of fears of patience is entitled to disability benefits). Doe v. Miles, Inc., 2000 WL 667383, 41 U.C.C. Rep. Serv. 2d 793, Prod. Liab. Rep. (CCH) p. 15,891 (Mo. Ct. App., E.D., Div. 4, May 23, 2000) (reversing $1.4 million verdict for HIV infection through use of Factor VIII clotting medication by hemophiliac between Aug. 1983 and May 1984). Doe v. Mutual of Omaha, 120 S.Ct. 845 (Jan. 10, 2000), denying certiorari in Doe v. Mutual of Omaha, 179 F.3d 557 (7th Cir. 1999) (holding that insurance's company's adoption of low caps on AIDS-related claims does not violate Americans With Disabilities Act ban on disability-based discrimination by places of public accommodation). Doe v. National Hemophilia Foundation, 194 F.R.D. 516 (D. Md., June 6, 2000) . Doe v. Oneida Indian Nation of New York, 2000 WL 1791043, N.Y. Slip Op. 10797 (N.Y. App. Div., 3rd Dept., Dec. 7, 2000) (Indian tribe immune from suit for AIDS phobia arising from incident at hotel owned by tribe; tribe is a sovereign immune from state law liability). Doe v. Philadelphia Community Health Alternatives AIDS Task Force, 745 A.2d 25, 2000 PA Super 6 (Pa. Super. Ct., Jan. 11, 2000), rev. granted, Aug. 11, 2000 (false positive HIV test does not create actionable tort claim for negligent infliction of emotional distress). Doe v. Pleasant Hill School District (D. Kans., settlement approved, July 31, 2000) (litigation on behalf of high school student claiming school officials failed to assist him in countering anti-gay sexual harassment based on his perceived sexual orientation). Doe v. Shaffer, 90 Ohio St. 3d 388, 738 N.E.2d 1243 (Ohio Sup. Ct., Dec. 20, 2000) (party can obtain liability insurance to cover negligence related to sexual molestation, when the purchaser of the policy is not the molester). Doe v. Smith, 184 Misc.2d 186, 708 N.Y.S.2d 800 (N.Y.Sup.Ct., N.Y.Co., March 31, 2000) (health care professionals owe a duty to hospital lab technicians to ensure that syringe needles and specimens are properly packaged so as not to create risk of HIV exposure). 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). Doe v. Yale University, 748 A.2d 834 (Conn. Sup. Ct., April 11, 2000) (first-year resident intern at university hospital could bring negligence claim against hospital for inadequate training leading to needle-stick transmission of HIV, but expert testimony would be required on remand to establish a standard of educational care); 2000 WL 1683401 (Conn. Super. Ct., Oct. 13, 2000) (refusing to transfer case to complex litigation docket). Doe v. Yunits (Mass. Super. Ct., Plymouth, Oct. 11, 2000) (transgendered youth entitled to cross-dress in school). Doe & Roe v. Dept. of Corrections, 611 N.W.2d 1 (Mich. Ct. App., March 3, 2000) (reviving challenge to prison segregation policy for HIV). Downs v. Los Angeles Unified School District, 228 F.3d 1003 (9th Cir., Sept. 7, 2000) (public school teacher has no First Amendment right to maintain anti-gay bulletin board display during gay and lesbian awareness month; postings on school bulletin boards would be considered speech by the school district). Dunayer v. Adults and Children With Leaning and Developmental Disabilities, Inc., NYLJ, 5/26/2000 (U.S.Dist.Ct., E.D.N.Y., Wexler, J.) (heavily regulated private social services agency may be subject to Equal Protection constitutional requirements; court allows plaintiff to amend discrimination complaint to add allegation of sexual orientation discrimination in violation of equal protection). Dunlap v. Levine, 706 N.Y.S.2d 900 (Mem) (App. Div., 2nd Dept., April 3, 2000) (dismissing AIDS phobia complaint), opinion below published in NYLJ, 2/8/99. Dyke v. McCleave, 2000 WL 52520 (U.S.Dist.Ct., N.D.N.Y., Jan. 14, 2000) (not officially published) (denying summary judgment to defendants in workplace sexual harassment case in which both harasser and victim allegedly used homophobic slurs against each other). E.N.O. v. L.M.M., 711 N.E. 2d 886, 429 Mass. 824 (1999) (lesbian co-parent is "de facto" parent entitled to seek custody and visitation rights). East High Gay/Straight Alliance v. Board of Education of Salt Lake City School District, 81 F. Supp. 2d 1166 (D. Utah, Central Div., Nov. 6, 1999) (finding that school district could deny recognition and access to Gay/Straight Alliance if it effectively banned all non-curricular clubs from school district). East High School Prism Club v. Seidel, 95 F. Supp. 2d 1239 (D. Utah, Central Div., April 26, 2000) (curriculum-related gay/straight student club is entitled to preliminary injunctive relief requiring school district to allow on-campus meetings, pending determination of merits of Equal Access Act claim; rejecting District's argument that a consideration of curricular subjects through the "prism" of gay experience was too "narrow" to qualify as a curriculum-related club). Echazabal v. Chevron USA, Inc., 226 F.3d 1063 (U.S.Ct.App., 9th Cir., May 23, 2000; dissenting opinion published Sept. 26, 2000) (employer may not defend disability discrimination claim by arguing that employee would present a danger to him or herself in the workplace; direct threat defense only pertains to dangers to others). Edwards v. Alabama Dept. of Corrections, 81 F. Supp. 2d 1242 (M.D. Ala., Jan. 14, 2000) (dismissing most pending claims concerning segregation of HIV+ prisoners and exclusion from activities involving contact with uninfected prisoners under ADA, applying res judicata from Rehabilitation Act ruling of 11th Circuit in Onishea v. Hopper). Egan & Nesbit v. Canada, [1995 ] 2 S.C.R. 513 (Canada Supreme Ct.) (Partially successful challenge to failure of province to recognize same-sex couple in pension benefit dispute). Eglise v. Culpin, 205 F.2d 1322 (table), 2000 WL 232798 (2nd Cir., Feb. 28, 2000) (unpublished disposition) (police dept. official has qualified immunity against invasion of privacy charge relating to inquiry to police dept. applicant about her sexual practices and preferences). Eisenstadt v. Baird, 405 U.S. 438 (1972) (due process clause protects individual right of privacy regarding sexuality). Equal Employment Opportunity Commission v. Aramark Corp., 208 F.3d 266 (D.C. Cir., April 14, 2000) (pre-ADA benefits plan that provides lesser benefits for psychiatric services than for medical services is not a "subterfuge" to avoid ADA). Equal Employment Opportunity Commission v. Staten Island Savings Bank, 207 F.3d 144 (2nd Cir., March 23, 2000) (Title I of ADA does not require employee benefits plan to pay same level of benefits for each illness or disabling condition). Erickson v. Baxter Healthcare, Inc., 94 F.Supp.2d 907 (N.D. Ill, E.D., April 5, 2000) (resolving jurisdictional and procedural issues in HIV transmission litigation against clotting factor manufacturer). Estate of Amos v. Vanderbilt University, Inc., 2000 WL 336733 (Tenn. Ct. App., March 31, 2000) (not officially published) (transfusion-related HIV claims). Estate of Jahn v. Walt Disney Co. (U.S.Dist.Ct., C.D.Cal., jury verdict April 21, 2000) (jury found Disney Co. liable for coercing Jahn, HIV+ executive, to sign away valuable employee benefits in order to avoid being discharged and losing immediate health insurance coverage). Estela v. Garage Management Corp., 84 F.E.P. Cases (BNA 193, 77 Empl. Prac. Dec. (CCH) p. 40,167, 2000 WL 1228968 (S.D.N.Y., Aug. 30, 2000) (allegation that same-sex harasser was gay is sufficient to defeat motion for summary judgment in same-sex harassment case under Title VII). Factor VII or IX Concentrate Blood Products Litigation, -- F.3d -- (table), 2000 WL 1716435 (7th Cir., Nov. 15, 2000) (unpublished disposition) (settlement of multidistrict litigation against clotting factor manufacturers precludes individual suits by HIV+ hemophiliacs). Farmer v. Brennan, 511 U.S. 825 (1994) (being violently assaulted in prison is not a normal incident of incarceration for purposes of 8th Amendment analysis). F.F. v. G.A.D.R., 750 A.2d 786 (N.J. App. Div., May 15, 2000) Flexsys America, L.P. v. Local Union No. 12610, United Steelworkers of America, 88 F. Supp. 2d 600 (S.D.W.Va., Feb. 16, 2000) (Arbitration award based on arbitrator's belief that supervisor was gay was biased and must be denied enforcement). Florida Dept. of Corrections v. Dickson, 139 F. 3d 1426 (11th Cir., 1999), cert. dismissed after settlement by parties, 120 S.Ct. 1236 (2000) (presenting question whether states can be sued by their employees for discrimination under the Americans With Disabilities Act, or are immune under the 11th Amendment sovereign immunity). France v. Apfel, 87 F. Supp. 2d 484 (D. Md., March 13, 2000) (comparatively healthy HIV+ person not entitled to social security disability benefits). Frazier v. Palisadian-Post (Cal., Los Angeles Super. Ct., lawsuit settled, Dec. 2000) (lesbian journalist sued publisher for discriminatory discharge). Fry v. Holmes Freight Lines, Inc., 72 F. Supp. 2d 1074 (W.D. Mo., Nov. 15, 1999) (sexually-oriented physical abuse of plaintiff by male supervisor may be actionable same-sex harassment under Title VII, provided plaintiff can show supervisor is gay). Fuchs v. New York Blood Center, Inc., 712 N.Y.S.2d 519 (N.Y. App. Div., 1st Dept., Aug. 17, 2000) (when patient is fully apprised of her HIV infection, medical malpractice statute of limitations begins to run). Galanty v. Paul Revere Life Ins. Co., 23 Cal. 4th 368, 1 P.3d 658, 97 Cal. Rptr. 2d 67 (Cal Sup. Ct., June 19, 2000) (statutorily required incontestability clause in disability insurance policy takes priority over definitional section seeking to exclude pre-existing conditions). Galdieri-Ambrosini v. Nat'l Realty & Development, 136 F.3d 276 (2nd Cir. 1998) (evidence of sexual stereotyping may provide proof that employment decision was based on plaintiff's gender). Gardiner v. Gardiner (estates litigation between son and transsexual widow of man who died intestate - Kansas state courts), reported in Wall Street Journal, July 7, 2000. Gates v. Cook, 234 F.3d 221 (5th Cir., Nov. 20, 2000) (allowing substitution of class action counsel in suit over prison conditions for HIV+ inmates). Gay Teachers Association v. Board of Education, 183 App.Div.2d 478, 585 N.Y.S.2d 1016 (N.Y.A.D., 1st Dept., 1992) (affirming refusal to dismiss domestic partnership suit brought by gay teachers association seeking health benefits for same-sex partners of public schoolteachers in New York City). Gestl v. Frederick, 754 A.2d 1087 (Md. Ct. Spec. App., July 3, 2000) (Under Uniform Child Custody Jurisdiction Act, lesbian co-parent has standing to seek custody and visitation, even though birth mother and child have moved out of state, where petition was filed promptly after move and courts of new residence would not be open to such a claim from a lesbian co-parent). Gill v. DeFrank, 2000 WL 270854 (U.S.Dist.Ct., S.D.N.Y., March 9, 2000) (slip copy) (HIV prisoner privacy rights covered by 8th Amendment), 2000 WL 877012 (S.D.N.Y., June 30, 2000) (prison officials entitled to qualified immunity on privacy claim, as 2nd Circuit had not established ruling precedent at time of alleged incident of disclosure of inmates HIV-status), amended, 2000 WL 897152 (July 6, 2000).. Ginsburg v. United States, 383 U.S. 463 (1966) (state may treat as obscene non-obscene material that is promoted in a way that panders to prurient interest in sex). Goddard v. Protective Life Corp., 82 F. Supp. 2d 545 (E.D.Va., Feb. 10, 2000) (dismissing tort claims arising from false HIV+ diagnosis). Godley v. City of Chapel Hill & City of Carrboro (N.Carolina, Orange Co. Superior Ct., Hudson, J., May 8, 2000) (rejecting constitutional challenge to domestic partnership benefits policies adopted by two North Carolina municipalities). Goins v. West Group, 619 N.W. 2d 424, 84 Fair Empl. Prac. Cas. (BNA) 592 (Minn. Ct. App., Nov. 21, 2000) (employer's denial of access to women's restroom to postoperative male to female transsexual employee is prima facie violation of state law forbidding discrimination on the basis of sexual orientation, which defines sexual orientation to include gender identity). 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). Greeley v. State of Texas, 2000 WL 689769 (Tex. Ct. App. - Austin, May 31, 2000) (not authorized for official publication) (affirming capital conviction for murder of gay man during a robbery; defendant claimed self-defense against sexual advance). Green v. City of Sioux Falls, 607 N.W.2d 43, 2000 S.D. 33 (S. Dak. Sup. Ct., March 1, 2000) (upholding discharge of homophobic police officer who harassed gay citizens). Green v. State of Georgia, 532 S.E.2d 111 (Ga. Ct. App., March 17, 2000) Greer v. Amesqua, 212 F.3d 358 (U.S.Ct.App., 7th Cir., May 9, 2000) (rejects 1st Amendment claims of homophobic firefighter dismissed for making scurrilous public charges about alleged lesbian fire department director). Gregory v. Shelby County, Tennessee, 220 F. 3d 433 (6th Cir., July 12, 2000)(reinstating penalties for murder of gay inmate). Griswold v. State of Connecticut, 381 U.S. 479 (1965) (constitutional right of privacy protects right of married couples to use contraceptives). Grotts v. Zahner, 989 P.2d 415 (Nev. Sup. Ct., Dec. 13, 1999) (reinstates blood/legal relative rule for bystander tort liability). Grounds v. White (W.Va., Kanawha Co. Ct., jury verdict, Aug. 30, 2000) (exonerates doctor and medical center of liability for HIV transmission in 1983). Gruca v. Alpha Therapeutic Corp., 2000 WL 631377 (U.S.Dist.Ct., N.D. Ill., May 12, 2000) (slip copy) (surviving widow of hemophiliac infected with HIV during the 1980s may pursue emotional distress claim against manufacturer of clotting medication). Guanipa v. Bloomingdale's Dept. Stores, 2000 WL 1772805 (S.D.N.Y., Nov. 30, 2000) (sexual orientation discrimination not actionable under 42 USC 1981). Hall v. Baptist Memorial Health Care Corp., 215 F.3d 618, 83 F.E.P. Cases (BNA) 84 (U.S.Ct.App., 6th Cir., June 13, 2000) (lesbian employee who was dismissed after employer learned of her activities with a gay-affirmative church had not stated a claim of religious discrimination under Title VII). Hallett v. N.Y. State Department of Correctional Services, 109 F. Supp. 2d 190, 18 NDLR p. 1212 (S.D.N.Y., Aug. 14, 2000) (allowing lawsuit to continue on charge that HIV+ amputee was improperly disqualified from participation in shock incarceration program, which was prerequisite to quicker eligibility for discharge from incarceration). Hamner v. Community Hospitals of Indiana, Inc., 92 F.Supp.2d 803 (S.D. Ind., March 31, 2000), aff'd, 224 F. 3d 701 (7th Cir., Aug. 24, 2000) (ADA retaliation claim and state defamation claim brought by registered nurse dismissed; court founds no support in record for plaintiff's claim that he was discharged in retaliation for complaining about treatment of HIV+ patient). Hampel v. Food Ingredients Specialties, Inc., 729 N.E.2d 726 (Ohio, June 21, 2000) (rejecting same-sex harassment employment discrimination claim, but endorsing intentional infliction of emotional distress claim arising from same facts). Harris v. Pameco Corp., 12 P. 3d 524, 170 Or. App. 164 (Ore. Ct. App., Oct. 4, 2000) (same-sex harassment claim and associated torts claims can be brought against supervisor and employer under Oregon law). Hartwig v. Albertus Magnus College, 93 F. Supp. 2d 200 (D. Conn., March 13, 2000) (openly gay Roman Catholic priest can sue for wrongful discharge by religious-affiliated college on grounds of sexual orientation; rejects college's free exercise claim), reported settled (Sept. 27). Hatch v. Superior Court of San Diego County, 79 Cal. App. 4th 663, 94 Cal. Rptr. 2d 453 (Cal. App., 4th Dist., Div. 1, March 31, 2000) (rejected argument that defendant could not be convicted on internet sex charges because adult police were posing as minors). Hatgy v. Commissioner of Social Security Administration, 66 Soc. Sec. Rep. Ser. 122, 2000 WL 140467 (U.S.Dist.Ct., D. Ore, Jan. 10, 2000) (slip copy) (ALJ ordered to reconsider claimant's testimony about disabling effect of HIV-related fatigue in claim for disability benefits). Heinsma v. City of Vancouver (Wash. Super. Ct., Clark Co.) (attack on city's adoption of domestic partnership benefits policy for municipal workers), dismissed by court, June 26, 2000, reported in The Columbian, June 27. Henkle v. Gregory (U.S.Dist.Ct., D. Nev., filed Jan. 28, 2000) (claiming unlawful harassment of gay high school student and failure of district to respond appropriately). Henrietta D. v. Giuliani, 81 F. Supp. 2d 425 (E.D.N.Y., Jan. 24, 2000) (refusing to dismiss or grant summary judgment for defendant on claim that New York city and state social service agencies are denying the rights of people with HIV/AIDS through inept administration of various social service programs); 119 F. Supp. 2d 181, 71 Soc. Sec. Rep. Serv. 458, 19 NDLR p. 86 (E.D.N.Y., Sept. 18, 2000) (City violated the right of people with AIDS in its process that excluded many from receiving benefits due to unnecessary and unauthorized administrative hurdles).. Henry v. City of Sherman, 928 S.W.2d 464 (Tex. 1996) (state constitution does not protect right of privacy more expansively than federal constitution). Hernandez-Montiel v. Immigration and Naturalization Service, 225 F. 3d 1084 (9th Cir., Aug. 24, 2000) (effeminate gay male Mexican was qualified as a member of a "particular social group" who suffers persecution in his home country; awarded asylum). Herring v. Keenan, 218 F. 3d 1171 (10th Cir., July 10, 2000) (parole officer entitled to qualified immunity in suit alleging she improperly disclosed parolee's HIV status to his family and employer). Higgins v. New Balance Athletic Shoe, 21 F. Supp. 2d 66 (D. Me. 1998), aff'd, 194 F.3d 252 (1st Cir. 1999) (rejecting gender-stereotyping theory for making homophobic harassment actionable under Title VII). Hirschfeld v. Stone, 193 F.R.D. 175 (U.S.Dist.Ct., S.D.N.Y., May 9, 2000) (certifying class action and issuing preliminary injunction concerning alleged privacy violations stemming from filing of confidential medical reports with the court in sentencing reports; violation of AIDS confidentiality law was one element of the complaint). Hisserich, Petition of (Calif. Bd. of Equalization, July 26, 2000) (voting to recognize head-of- household status for lesbian partner for tax purposes). Hoch v. Rissman, 742 So. 2d 451 (Fla. App., 5th Dist., 1999), rev. denied, March 15, 2000 (defamation action by gay judge against law firm). Hodges v. State of Tennessee, 2000 WL 1562865 (Tenn. Ct. Crim. App., Oct. 20, 2000) (sustaining conviction for murder and death sentence for homophobic killer). Hoffmann v. South African Airways (Constitutional Ct. of South Africa, Sept. 28, 2000) (refusal to employ HIV+ flight attendant violates Sec. 9 of South African constitution, which forbids discrimination on the basis of HIV status). Holiday v. City of Chattanooga, 206 F. 3d 637, 10 A.D. Cases (BNA) 501, 2000 Fed. App. 0087P (6th Cir., March 10, 2000) (HIV+ applicant for police officer position was entitled to trial of his disability discrimination claim; district court improperly gave dispositive effect to physician's report on motion for summary judgment). Holman v. State of Indiana, 211 F.3d 399 (7th Cir., May 1, 2000), cert. denied, 2000 WL 1203523 (Oct. 2, 2000) (husband and wife co-employees could not bring Title VII sexual harassment claim against 'equal opportunity' harasser; since harasser demanded sex from both of them, the demanded could not constitute discrimination 'because of sex'). Holocaust Victim Assets Litigation, In re, 105 F. Supp. 2d 139 (E.D.N.Y., July 26, amended Aug. 2, 2000) (recognizing claims of gay victims of Nazis as part of class action settlement of claims arising from Nazi-era persecution). Housing Works, Inc. v. Safir, 101 F.Supp.2d 163, 2000 WL 358373 (U.S.Dist.Ct., S.D.N.Y., April 6, 2000) (slip copy) (AIDS services organizations wins injunction against city regulations sharply limiting protest activities in front of city hall). 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). H.S.H.-K., Custody of, 533 N.W.2d 419 (Wis. 1995) (establishing standard for de facto parent status in lesbian co-parent visitation case). Hudson v. McMillan, 503 U.S. 1 (1992) (contemporary standards of decency are offended when prison officials maliciously and sadistically use force to harm inmates). Hunter v. District of Columbia (settlement reported in case involving denial of medical assistance to HIV+ cross-dresser by emergency medical workers, Aug. 10, 2000). Hurley v. Irish-American Gay, Lesbian & Bisexual Group of Boston, 515 U.S. 557 (1995) (private association organizing and operating annual St. Patrick's Day/Evacuation Day Parade in Boston was privileged under First Amendment to exclude a gay organization from marching in parade under a banner proclaiming its identity; parade is a quintessential expressive activity, and operators have a right to determine what will be expressed by their parade). Hussey v. Barren River District Health Dept., 2000 WL 377497 (Ky. Ct. App., April 14, 2000) (slip copy) (HIV contracted on job is "occupational disease" for purposes of workers compensation claim by registered nurse who claimed to have suffered blood exposure to patients). Hyman v. City of Louisville, Kentucky (pending state court challenge to gay rights ordinance; U.S. Justice Dept. filed amicus brief in support of ordinance). International Eateries of America v. Broward County, 941 F.2d 1157 (11th Cir. 1991) (upholding constitutionality of city ordinance restrictively zoning sexually-oriented businesses). Irish Lesbian & Gay Organization v. City of New York (U.S.Dist.Ct., S.D.N.Y., Feb. 17, 2000) (jury verdict holding City did not violate 1st Amendment rights of gay organization when it denied permit to hold parade on 5th Avenue on St. Patrick's Day). Irizarry v. Board of Eucation of the City of Chicago, 83 Fair Emp. Prac. Cases (BNA) 808, No. 99 C 6991 (N.D. Ill., E.Div., July 26, 2000) (rejecting heterosexual employee's attack on employer's same-sex only domestic partnership benefits plan; finding that unmarried gays and unmarried hets are not similarly situated for purposes of equal protection analysis). Ives v. United States, 2000 WL 1279164 (E.D.Mich., S.D., Aug. 16, 2000) (misunderstanding rather than misdiagnosis undermines AIDS phobia claim based on "false diagnosis"). J.A.L. v. E.P.H., 682 A.2d 1314 (Pa. Super. Ct. 1996) (constitutional right of parent does not extend to erasing relationship child has formed with de facto parent). Jackson v. Commonwealth of Virginia, 2000 WL 1239938 (Va. Ct. App., Sept. 5, 2000) (uphodling conviction of homophobic murderer). Jacob, Matter of, 86 N.Y.2d 651 (1995) (unmarried partners of parents may adopt their partners' children without necessarily cutting off parental rights of parents, even when partners are of the same sex as the parents). Jacoby v. Jacoby, 763 So. 2d 410, 25 Fla. L. Weekly D1282 (Fl. Ct. App., 2nd Dist., May 26, 2000) (trial court erred in giving weight to societal homophobia in making custody determination as between lesbian mother and non-gay father). Jairath v. Dyer, 972 F. Supp. 1461 (N.D.Ga. 1997), vacated on other grounds, 154 F.3d 1280 (11th Cir. 1998) (general state tort statute may not be used to append claims to ADA discrimination case). J.C. v. C.T., Matter of, 184 Misc. 2d 935, 711 N.Y.S. 2d 295 (Westchester Co., N.Y., Family Ct., June 5, 2000) (lesbian co-parent can use equitable estoppel theory to seek visitation with child she had been raising with her former partner), ruling on the merits issued Oct. 19, 2000, per newspaper report, awarding visitation. J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127 (1994) (forbidding peremptory jury challenges based on sex). Jeffrey H. v. Imai, Tadlock & Keeney, 101 Cal. Rptr. 2d 916 (Cal. Ct. App., 1st Dist., Dec. 8, 2000) (law firm may be liable for disclosing plaintiff's HIV status, obtained through discovery of medical charts). Joel A. v. Giuliani, 218 F.3d 132 (2nd Cir., July 10, 2000) (approving settlement of litigation against city child welfare agency). Johnson v. Plasma Alliance, 2000 WL 665603 (Minn. Ct. App., May 23, 2000) (unpublished disposition) (upholding plasma center's policy of refusing donations from men who reported having had sex with another man at least once since 1977; reliance on FDA regulation). Kavanaugh v. Hemet School District (Cal. Labor Comm., Jan. 18, 2000) (removing child from gay teacher's class at request of mother violates state discrimination law), decision affirmed by Director of Dept. of Industrial Relations, June 20 (Lambda Legal Defense Fund press release). Kelly v. City of Oakland, 198 F.3d 779 (9th Cir., Jan. 12, 2000) (affirming a judgement of same-sex quid pro quo harassment, where male supervisor became "stalker" of handsome male state trooper). Kimel v. Florida Board of Regents, 120 S.Ct. 631 (Jan. 11, 2000) (holding 11th Amendment sovereign immunity protects states from suit by their employees under the Age Discrimination in Employment Act). King v. Vilsack, No. CE 40318 (Iowa, Polk County Dist. Ct., Dec. 7, 2000) (governor's executive order banning sexual orientation discrimination in executive branch violates separation of powers by legislating). Klein v. McGowan, 198 F.3d 705 (8th Cir., Dec. 20, 1999) (homophobic harassment neither severe nor pervasive enough to state a Title VII sex discrimination claim). K-Mart v. Evenson, 1 P.3d 477 (Ore. Ct. App., May 3, 2000) (possible exposure to HIV on the job constitutes a compensable injury under state workers compensation law). Knafo v. Ching, NYLJ, 12/6/2000, p. 28, col. 2 (N.Y. County Housing Ct.) (Same-sex partner's HIV-related condition is a disability within meaning of rent regulation, that protects occupancy rights of family members of tenant with disability). Knight v. State of Connecticut Dept. of Health, 2000 WL 306447 (U.S.Dist.Ct., D. Conn., Feb. 22, 2000) (slip copy) (upholding discharge of nurse for making homophobic remarks to AIDS patients she was assigned to care for). Knoll & Finn v. Beth Israel Deaconess Medical Center, Inc., Docket No. 00W-1343 (Mass., Suffolk Co. Probate & Family Ct., June 28, 2000) (both members of lesbian couple should be recorded as "mothers" on birth certificate of child borne by one of them through donor insemination). Koschoff v. Henderson, 109 F. Supp. 2d 332 (E.D.Pa., July 13, 2000) (anti-gay supervisor who equally harassed gay men and lesbians did not violate Title VII, because harassment was not targeted on account of sex). Kosilek v. Nelson, 2000 WL 1346898 (D. Mass., Sept. 12, 2000) (Corrections Commission entitled to immunity in transsexual prisoner's treatment suit). Kotofsky v. Albert Einstein Medical Center, 2000 WL 1618475 (E.D.Pa., Oct. 30, 2000) (unpublished disposition) (plaintiff's allegation that doctor and medical center were negligent in not advising him of alternatives to blood transfusion prior to surgery does not sound in medical malpractice, so expert witness designation prior to trial is not required). Kraft v. Peterson, 2000 WL 1289135 (Iowa Ct. App., Sept. 13, 2000) (rejecting attempt to modify visitation rights of gay father). Kutteles v. United States Army (pending, U.S.Ct. Claims) (compensation claim by mother of soldier who was murdered in anti-gay attack). LaChapelle v. Mitten, 607 N.W.2d 151 (Minn. Ct. App., March 14, 2000) (lesbian co-parent and gay male sperm donor each awarded some aspect of parental rights in custody/visitation dispute with birth mother; court upholds conditioning continued residential custody of birth mother on her moving back into state to facilitate visitation with co-parent and sperm donor). Lapides v. Trabbic, 758 A. 2d 1114, 134 Md. App. 51 (Md. Ct. Sp. App., Sept. 7, 2000) (man failed to state cause of action in case alleging ex-wife's lesbian partner interfered in his relationship with his daughter). Laspina-Williams v. Laspina-Williams, 742 A.2d 840, 25 Conn. L. Rptr. 577 (Conn. Super. Ct., New Haven J.D., Oct. 19, 1999) (lesbian co-parent may seek visitation with child). Lawrence v. State of Texas, 2000 WL 729417 (Tex. App., 14th Dist., June 8, 2000) (Texas law against same-sex sodomy violates Texas Equal Rights Amendment, which forbids sex discrimination, because it makes criminality of acts turn on the sex of the participants). Lee v. Young, 2000 WL 1720930 (6th Cir., Nov. 6, 2000)(unpublished disposition) (effeminate male prisoner has no constitutional right to cross-dress in prison). Lemon v. Kurtzman, 403 U.S. 602 (1971) (in challenge to statute under 1st Amendment establishment clause, court asks whether primary purpose of statute is to advance or inhibit religion or whether statute fosters excessive government entanglement with religion). Leon v. Johnson, 96 F. Supp. 2d 244 (W.D.N.Y., May 22, 2000) (Spanish-speaking HIV+ inmate did not suffer unconstitutional deprivation of health care when nobody officially informed him upon transfer to new prison that he would have to go to the infirmary in order to reinstitute provisions of HIV medications). Lepley v. State of Nevada, Nev. Supreme Ct., reversing life sentence for sexual assault of HIV+ defendant (Sept. 8, 2000 - based on newspaper report; could not be located on any electronic database). Lesley v. Chie, 81 F. Supp. 2d 217 (D. Mass., Jan. 7, 2000) (Doctor did not violate ban on disability discrimination by referring pregnant HIV+ woman to another facility for treatment, when doctor affirmed that he was inexperienced in treating HIV during pregnancy). Levin v. Yeshiva University, 709 N.Y.S.2d 392 (Mem) (N.Y.App.Div., 1st Dept., May 11, 2000), affirming, 691 N.Y.S.2d 280 (Sup.Ct., N.Y. Co., 1999), rev. granted, 1/2001 (refusal of university to allow gay students access to live in married-student housing with their partners did not violate statutory ban on sexual orientation discrimination where heterosexual students were not allowed to live in such housing with non-marital partners). Lindsey, In re Marriage of, 101 Wash. 2d 299, 678 P.2d 328 (1984) (community property laws may be applied to provide intestate succession rights in meretricious relationships). Little Sisters Book and Art Emporium v. Canada (Minister of Justice) (Canada Sup. Ct., Dec. 15) (customs officials violated constitutional rights of gay bookstore by unequal policy of seizing sexually-oriented materials; statutory burden of proof on obscenity issue must be reversed and placed on government). Littleton v. Prange, 9 S.W. 3d 223 (Tex. App., San Antonio, 1999), rev. denied, March 2, 2000 (Tex. Sup. Ct.), cert. denied, 121 S. Ct. 174 (Oct. 2, 2000) (finding that post-operative transgender person's marriage was void due to state ban on same-sex marriage, collateral to dismissing wrongful death action brought by surviving spouse). Lofton v. Butterworth, 93 F. Supp. 2d 1343 (S.D. Fla., April 21, 2000) (gay man who was foster father of child had standing to challenge Florida statute banning gays from adopting children; co-plaintiffs who had never applied to adopt lacked standing). Louisiana Electorate of Gays and Lesbians, Inc. v. State of Louisiana (pending state court suit challenging state sodomy law on grounds of privacy, due process, and equal protection). Loving v. Virginia, 388 U.S. 1 (1967) (state law against miscegenation was unconstitutional on due process and equal protection grounds; criminality of an act may not depend on the race of the actors). Lowe v. Broward County, 766 So.2d 1199 (Fla. Dist. Ct. App., 4th Dist., Sept. 20, 2000) (rejecting state constitutional challenge to county domestic partnership act). Lustig-Prean & Beckett and Smith & Grady v. United Kingdom (European Court of Human Rights, 1999) (holding UK exclusion of gays from military service violates European Charter of Rights). Maby H. v. Joseph H., 246 App. Div. 2d 282 (N.Y., 2nd Dept., 1998) (mother was equitably estopped from challenging standing of boyfriend who had assisted in birth and raising of child to seek visitation). Macdonald v. Ministry of Defence, No. EAT/121/00 (Scottish Employment Appeal Tribunal) (sexual orientation discrimination is unlawful as an interpretation of "sex" in the Sex Discrimination Act of 1975). Mack v. City of Detroit, 243 Mich. App. 132, 2000 WL 1616080 (Mich. Ct. App., Oct. 27, 2000) (Detroit charter provision provides private right of action for public employee claiming sexual orientation discrimination). Manning v. Nassau County (E.D.N.Y., July 18, 2000) (jury verdict) (jury awards $1.5 million to public employee who proved sexual orientation discrimination at work). Maples v. General Motors Corp., 1999 WL 1068588, 15 NDLR P 176 (U.S.Dist.Ct., E.D. Mich., April 29, 1999) (not reported in F.Supp.2d) (court rejects charge that plaintiff was harassed because, as an openly gay man, he was perceived as having AIDS; attitudes of co-workers held irrelevant to charge against employer, which never failed to respond to plaintiff's complaints about tangible matters). Marczeski v. Law, 122 F. Supp. 2d 315 (D. Conn., Nov. 20, 2000) (tort liability for postings in internet chat rooms; lesbian chatters). Marisol v. Giuliani, 929 F. Supp. 662 (S.D.N.Y. 1996) (litigation over administration of NYC child welfare agency). Marsden v. University of Minnesota (Minn. Dist. Ct., Hennepin Co.), settlement during trial of homophobic hostile environment claim brought under state sexual orientation discrimination law, June 27, 2000, reported in Star-Tribune, June 28. Martin v. N.Y. State Dept. of Correctional Services & Union Council 82, AFSCME, 2000 WL 1337074 (N.D.N.Y., June 30, 2000) (gay corrections officer can sue union for breach of duty of fair representation under federal labor law). Martinez v. State of Texas, 2000 WL 767825 (Tex. App. - Houston, June 15, 2000) (unpublished disposition) (defendant's attempt to impeach complaining witness in sexual assault case by introducing testimony about his alleged homophobic attitude is not allowed). Massingill v. State of Texas, 2000 WL 564168 (Tex. Ct. App. - Austin, May 11, 2000) (unpublished disposition) (affirming double life sentence for HIV+ rapist). McBain v. State of Victoria, 2000 FCA 1009 (Fed. Ct. Australia, July 28, 2000) (rights of single women violated by state law restricting availability of fertility treatment to married women). McCavitt v. Swiss Reinsurance America Corp., 89 F. Supp. 2d 495 (S.D.N.Y., March 21, 2000) (N.Y. off-duty conduct law does not prote/ct employee from discharge for his dating activities). McCrae v. Daka, D.C. Super. Ct., No. 7505-97 (verdict, 8/28/2000) (same-sex harassment case, $5 million award upheld). McCree v. State of Texas, 2000 WL 225844 (Tex. App., Dallas, Feb. 29, 2000) (not officially published) (upholding revocation of probation for HIV+ credit card abuser who failed to report to probation officer, allegedly due to his health condition). McNeil v. Time Insurance Co., 205 F.3d 179 (5th Cir., Feb. 24, 2000) (AIDS-cap in insurance policy does not violate federal or Texas state law). Mears v. Colvin, -- A.2d , 2000 WL 1868297 (Vermont Sup. Ct., Dec. 15, 2000) (trial court erred in admitting evidence that plaintiff was having same-sex affair at time of her husband's death, in context of wrongful death trial.) Mier v. Certified Oil Co. (Franklin Co., Ohio, Circuit Court, June 10, 2000) (jury awarding back-pay and benefits expenses in sexual orientation discrimination claim proceeding under wrongful discharge in violation of public policy theory; municipality has sexual orientation discrimination ordinance that does not expressly authorize a right of action). Mihut v. Mihut, 1999 WL 1336082 (Tenn. Ct. App., Dec. 28, 1999) (slip copy) (In affirming custody grant to father, court asserts that mother's lesbianism did not play any role in the decision). Miller v. California, 413 U.S. 15 (1973) (establishing community standards test for determining whether material is obscene and lacking in First Amendment protection). Mims v. Carrier Corporation, 88 F. Supp. 2d 706 (E.D.Tex., March 24, 2000) (same-sex harassment based on co-worker's perception of plaintiff as homosexual is not actionable under Title VII of the Civil Rights Act of 1964 as sex discrimination). Minary v. Citizens Fidelity Bank & Trust Co., 419 S.W.2d 340 (Ky. Ct. App. 1967) (setting aside adoption that was entered fraudulently for estate planning reasons). Minichiello v. The Supper Club, NO. 124772/95 (N.Y.Sup.Ct., N.Y.Co., Goodman, J., June 22-23, 2000) (jury verdicts in favor of plaintiff in sexual orientation discrimination claim brought under N.Y.C. human rights ordinance), reported in N.Y. Daily News, June 23. Minshall v. Health Care & Retirement Corp. of America, 537 S.E.2d 320 (W.Va. Sup. Ct. App., June 9, 2000) (lesbian nurse can't bring sex discrimination claim upon her discharge; her theory was that female supervisor discharged her to Aprotect@ supervisor=s younger sister). M.J.S., In re Adoption of, 2000 WL 1473867 (Tenn. Ct. App., Oct. 5, 2000) (approving lesbian's adoption of young boy with permission of his mother over objections of child's grandparents). Mock v. Allen, -- So. 2d , 2000 WL 1717042 (Alabama Sup. Ct., June 30, revised, nov. 17, 2000) (evidence of male doctor's sexual orientation was too prejudicial for admission in trial of malpractice claim premised on doctor improperly fondling genitals of male patient during diagnostic examination for source of pain in patient's groin following automobile accident). Montagne v. State of Iowa (U.S.Dist.Ct., D. Iowa, Oct. 25, 2000) (jury verdict against state for failing to take steps to stem false rumors plaintiff, a public employee, was a lesbian). Montgomery v. Independent School District No. 709, 109 F. Supp. 2d 1081 (D. Minn., Aug. 23, 2000) (harassed gay student may assert action under Title IX against fellow-students and school district). Montgomery County, Md. v. Broadcast Equities, Inc., 758 A. 2d 995 (Md. Ct. Sp. App., Sept. 8, 2000) (rejecting declaratory judgment against Montgomery County for adopting gay rights ordinance). Moore v. Boston Fire Department (Mass. Comm. Against Discrim., Aug. 9, 2000) (ordering $50,000 in damages to lesbian firefighter subjected to worksite harassment). Moore v. Cooksey, 2000 WL 1838274 (10th Cir., Dec. 14, 2000) (unpublished disposition) (rejecting challenge by HIV+ inmate to his cell assignment). Moredock v. Immigration & Naturalization Service, MSPB CB-1216-99-0019-T-1 (Merit System Protection Board, Feb. 2, 2000) (ordering reinstatement of asylum officer who made untoward statements regarding Haitians with HIV). Mueller v. Commissioner of Internal Revenue, T.C. Memo 2000-132, 2000 WL 371545 (U.S. Tax Ct., April 12, 2000) (gay man must file as single and be taxed at single rate, even for years when he had same-sex domestic partner with whom he was financially interdependent; rejecting constitutional challenge to tax classifications). Murphy v. State of Texas, 2000 WL 1659683 (Tex. Ct. App., Nov. 6, 2000) (unpublished disposition) (affirming conviction of HIV+ man for spitting at police officer). Murray v. Oceanside Unified School District, 79 Cal. App. 4th 1338, 95 Cal. Rptr. 2d 28 (Cal. App. 4th Dist., Div. 1, April 19, 2000). rev. denied, Aug. 9, 2000 (harassment of lesbian teacher was actionable under former State Labor Code provisions as codified in Fair Employment and Housing Code; since FEHC amendments adding sexual orientation were merely codifying existing law, their effective is retroactive to claims pending when the amendment took place). N. v. Minister of Defence, Case No. LC 24/98 (Namibia, Labor Ct., May 10, 2000) (national law forbids denial of enlistment in the armed forces solely on the basis of HIV+ status without showing that individual is physically incapable of performing duties). Natale v. Gottlieb Memorial Hospital, 733 N.E.2d 380, 247 Ill. Dec. 916 (Ill. Ct. App., 1st Dept., June 30, 2000) (AIDS phobia plaintiff must allege actual exposure to HIV to maintain an action for emotional distress damages). Nationalist Foundation v. Commissioner of Internal Revenue, T.C. Memo. 2000-318, 80 T.C.M. (CCH) 507, 2000 WL 1507460 (U.S. Tax Ct., Oct. 11, 2000) (denying tax exempt charitable status to right-wing (and notably anti-gay) organization). Neithamer v. Brenneman Property Services, Inc., 81 F. Supp. 2d 1 (D.D.C., Dec. 17, 1999) (upholding action against real estate brokerage for discriminating against HIV+ applicant for rental housing). Netherland (Mass. Super. Ct., Suffolk Co., van Gestel, J., May 25, 2000) (issuing order barring distribution of audio tape of safe-sex education session conducted by employees of state health department that was surreptitiously made by right-wing parents). Odom v. United States, 2000 WL 1175598 (6th Cir., Aug. 9, 2000) (unpublished disposition) (rejecting ineffective assistance of counsel claim premised on medically inaccurate information given HIV+ defendant by counsel prior to his plea bargain concerning his expected lifespan). Ohio Civil Rights Commission v. Dayton Christian Schools, Inc., 477 U.S. 619 (1986) (Younger v. Harris, 401 U.S. 37 [1971] abstention doctrine requires federal court to abstain from addressing claims pending in current state court litigation involving the same parties and issues). Oliveras-Sifre v. Puerto Rico Dept. of Health, 214 F.3d 23 (1st Cir., May 26, 2000) (health dept. employees who claimed their contracts were not renewed because of their public criticisms of some of the dept's policies regarding persons with AIDS could not maintain claim for associational discrimination under Americans With Disabilities Act; plaintiffs were neither disabled nor discriminated against because of an association with persons with disabilities). Olivia, In re Guardianship of, 101 Cal. Rptr. 2d 364 (Cal. Ct. App., 1st Dist., Oct. 17, 2000) (same-sex partner was entitled to hearing on guardianship petition of partner's child; allegation of serious abuse, neglect, or abandonment of child by mother is not a prerequisite for guardianship petition, where grounds for awarding guardianship would be that custody of child by mother was detrimental to child). Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75 (1998) (same-sex workplace harassment is actionable under Title VII, provided that it is severe and pervasive enough to affect terms and conditions of employment and takes place "because of" the plaintiff's sex). Onishea v. Hopper, 171 F.3d 1289 (11th Cir., en banc, 1999), cert. denied, 120 S.Ct. 931 (Jan. 18, 2000) (rejecting challenge to Alabama prison system's policies towards HIV+ prisoners under sec. 504 of Rehabilitation Act of 1974). P.A. v. State of New York, 716 N.Y.S.2d 423 (N.Y.App.Div., 3rd Dept., Nov. 16, 2000) (rejecting claim by prisoner regarding HIV-infection allegedly acquired from cellmate; claim filed too late, and purported merits of underlying claim do not escuse late filing). Padro v. Commonwealth of Puerto Rico, 100 F. Supp. 2d 99 (D. P.R., June 16, 2000) (awarding attorneys fees to prevailing plaintiffs in lawsuit challenging Puerto Rico police regulations that prohibited police officers from any association with homosexuals). Palmore v. Sidoti, 466 U.S. 429 (1984) (court may not give weight to societal prejudices in making custody determinations; termination of custody of white mother who married black man is reversed). Parks v. State of Georgia, 526 S.E.2d 893 (Ga. Ct. App., Dec. 9, 1999) (affirms conviction of HIV+ man for sexually assaulting two women). Patin v. Tulane Medical Center Hospital, 770 So. 2d 816 (La. Ct. App., 4th Cir., Aug. 16, 2000), rehearing denied, nov. 15, 2000 (distributor who supplied HIV-tainted blood for transfusion cannot be sued under medical malpractice statute). Patino v. Apfel, 2000 WL 1357746 (S.D.N.Y., Sept. 20, 2000) (HIV+ woman entitled to new hearing of benefits disability claim, as administrative judge failed to provide reasons supporting prior denial of benefits). Patterson v. CBS, Inc., 2000 WL 666337 (U.S.Dist.Ct., S.D.N.Y., May 22, 2000) (dismissing sexual orientation discrimination and harassment claims by television cameraman who failed to invoke employer's internal grievance procedures and most of whose factual allegations were time-barred). Pearce v. Governing Body of Mayfield School (U.K., Employment Appeal Tribunal, published in London Times, April 19, 2000) (homophobic workplace abuse is not actionable as sex bias). Pearcill v. West, 2000 WL 778231 (U.S.Ct.App., Vets Claims, Jan. 7, 2000) (unpublished disposition)(rejecting service related claim in HIV infection case; plaintiff=s factual showing inadequate to document service-related exposure). Pedreira v. Kentucky Baptist Homes for Children (U.S.Dist.Ct., Ky.) (Lesbian sues over discharge asserting that state-funded religious social services organization is bound by constitutional equal protection obligations) (ACLU suit). People of California v. Fernandez (Los Angeles Co. Superior Ct., March 22, 2000) (no contest plea to threatening a person on account of sexual orientation). People of California v. Garcia, 92 Cal. Rptr. 2d 339, 77 Cal. App. 4th 1269 (4th Dist., Div. 3, Jan. 31, 2000) (peremptory jury challenges may not be used to discriminate against jurors based on sexual orientation) (codified by passage of A.B. 2418). People of California v. Rios, 23 Cal. 4th 450, 97 Cal. Rptr. 2d 512 (Cal. Sup. Ct., June 29, 2000) (affirming voluntary manslaughter conviction of defendant implicated in hate crime murder). People of Illinois v. Patterson, 734 N.E. 2d 462 (Ill. Ct. App., 2nd Dist., July 20, 2000) (planning assignation with minor on the internet followed by attempted meeting sufficed to constitute attempted aggravated criminal sexual abuse). People of New York v. Allen, NYLJ, 3/17/2000 (N.Y.C. Crim. Ct., N.Y. Co.) (refusing to dismiss prosecution against woman for harassment for sending former male friend letters aqccusing him of being a closet homosexual and substance abuser). People of New York v. Anonymous, NYLJ, 10/6/2000 (N.Y.Sup.Ct., Crim. Term, Part 44, Oct. 4, 2000) (holding AIDS treatment in New York State prison system is adequate such that a prison sentence for an HIV+ defendant will not necessarily be detrimental to his health). People of New York v. David W., 711 N.Y.S. 2d 134, 95 N.Y.2d 130, 733 N.E.2d 206, 2000 N.Y. Slip Op. 05853 (N.Y.Ct.App., June 15, 2000) (convicted sex offender has due process right to a hearing on how he should be classified under state's version of Megan's Law, which requires registration and disclosure of sex offenders in their communities). People of New York v. Foley, 731 N.E.2d 123, 94 N.Y.2d 668 (N.Y., April 11, 2000) (upholding conviction of man caught in pedophile sting operation on internet; rejects constitutional challenge to prosecution where man was not actual conversing with minor but rather police officer masquerading on-line as minor). People of New York v. Harvey, 710 N.Y.S.2d 141 (N.Y. App. Div., 3rd Dept., June 22, 2000) (affirmed sentence of murder, rejecting gay panic defense). People of New York v. Onofre, 51 N.Y.2d 476 (1980), cert. denied, 451 U.S. 987 (1981) (finding state sodomy law unconstitutional; law was repealed in June 2000). People of New York v. Stallworth, NYLJ, 5/1/2000 (N.Y.Crim.Ct., Bronx Co., Adler, J.) (dismissing consensual sodomy charges on grounds of unconstitutionality of sodomy statute, as declared by state high court in 1980). Peppi v. Phyllis Wheatley Community Center, 614 N.W.2d 750 (Minn. Ct. App., July 25, 2000) (employee who quit job after employer failed to address her same-sex harassment claim is entitled to unemployment benefits). Perez v. Apfel, 66 Soc. Sec. Rep. Ser. 149, 2000 WL 124818 (U.S.Dist.Ct., S.D.N.Y., Feb. 1, 2000) (slip copy) (denying social security disability benefits to healthy HIV+ man). Peterson v. Bell Atlantic Telephone Co. (N.Y. Supreme Ct., N.Y. Co., York, J., March 15, 2000) (ordering delay in printing new edition of Yellowpages directory pending resolution of dispute over refusal to list transsexual-oriented business). Peterson v. Bodlovich, 2000 WL 702126 (U.S.Ct. App., 7th Cir., May 24, 2000) (unpublished disposition) (rejecting constitutional challenging to prison housing assignment for black gay prisoner; no constitutional violation when prison officials make assignments based on stereotypes about black gay prisoners). Philipose v. Metropolitan Life Insurance Co., NYLJ, 8/21/00, p. 30 (N.Y.C. Civ. Ct., Kings Co.) (allowing AIDS phobia case to go forward against insurer for reporting false HIV diagnosis to policy applicant causing emotional distress). Pickering v. Board of Education, 391 U.S. 563 (1968) (establishing First Amendment standard for evaluating protection for public employee speech). Planned Parenthood of Columbia/Willamette, Inc. v. American Coalition of Life Activists, 23 F. Supp. 2d 1182 (D. Or. 1998) (Oregon constitution exempts actual threats from First Amendment free speech protection). Powell v. Michigan Dept. of Community Health, 614 N.W.2d 666 (Mich. Ct. App., May 9, 2000) (reversing verdict for estate of gay man who died in defendant's hospital; trial court erred in restricting testimony bearing on credibility of disaffected former hospital employee who testified as to anti-gay animus of hospital staff). Powell v. Shriver, 175 F.3d 107 (2nd Cir. 1999) (state prisoner is entitled to confidential treatment of HIV-related information in his medical file). Price v. Dolphin Services, Inc., 2000 WL 1789962 (E.D.La., Dec. 5, 2000) (same-sex harassment claim is actionable under Title VII). Price v. Price, 2000 WL 704596 (Tenn. Ct. App., May 31, 2000) (gay dad is entitled to hearing on the merits in custody and visitation dispute with ex-wife; trial court erred in ruling on the merits after a hearing that was held solely to determine whether an emergency justified a temporary change of custody). Price Waterhouse v. Hopkins, 490 U.S. 228 (1989) (gender stereotyping may evidence sex-based motivation for adverse employment action under Title VII). Pritchard v. Madison School District (Wisconsin, Dane Co. Cir. Ct., Bartell, J., Feb. 21, 2000) (school districts adoption through collective bargaining of domestic partnership benefits plan did not violate state law). Quela v. Payco-General American Credits, Inc., 84 F. Supp. 2d 956 (N.D. Ill., Feb. 18, 2000) (Chicago ordinance authorizing private right of action for sexual orientation discrimination in employment went beyond legislative authority of City Council, which is not empowered to create a civil cause of action for employment discrimination). Quinn v. Nassau County Police Department, 75 F. Supp. 2d 74 (E.D.N.Y., Nov. 20, 1999) (awarding attorney fees for former police officer who won jury verdict of sexual orientation discrimination claim by police department); decision on merits: 53 F. Supp. 2d 347 (E.D.N.Y. 1999). R. v. Butler, [1992] 1 S.C.R. 452 (Canada Sup. Ct.) (Adopting definition of obscenity for Canada). Ray v. Antioch Unified School District, 107 F. Supp. 2d 1165 (N.D. Cal., July 24, 2000) (Magistrate rules that Title IX's ban on sex discrimination in schools receiving federal money extends to homophobic harassment of one student by other students for failure to comply with gender stereotypes). R.B.F. and R.C.F., In re Adoption of, 762 A.2d 739, 2000 PA Super 337 (Pa. Super. Ct., Nov. 8, 2000) (lesbian partner could not adopt her partner's child without termination of partner's parental rights). Redden v. ContiMortgage Corp., 81 F.E.P. Cas. (BNA) 1379, 1999 WL 1257280 (U.S.Dist.Ct., E.D.Pa., Dec. 1999) (not officially published) (anti-gay workplace harassment insufficiently outrageous to support a claim for intentional infliction of emotional distress). Reisinger v. Michelson Associates & Michelson Management (Wis. Dept. Workforce Development, June 15, 2000) (finding of probable cause in sexual orientation discrimination employment claim), reported in Wisconsin State Journal, June 16. Retterer v. Whirlpool Corp., 729 N.E.2d 760 (Ohio, June 21, 2000) (dismissing same-sex employment harassment claim). Reynolds v. Goord, 103 F. Supp. 2d 316 (S.D.N.Y., July 13, 2000) (granting religious exemption to tuberculosis test in state prison). R.F. and R.F. v. Abbott Laboratories, 745 A.2d 1174 (N.J., Feb. 29, 2000) (manufacturer of HIV-antibody test detection kits not liable under products liability defective warning theory for failure of test to detect HIV antibody in blood subsequently used for transfusion, where test label's contents was closely regulated by the federal government). Rhodes v. Senkowski, 82 F. Supp. 2d 160 (S.D.N.Y., Jan. 21, 2000) (man convicted under Terrorism Act is not entitled to writ of habeas corpus solely based on his HIV+ status). Richardson v. Valley Asphalt, Inc., 109 F. Supp. 2d 1332, 11 A.D. Cases (BNA) 313 (D. Utah, Aug. 21, 2000) (refusing to dismiss ADA and state tort claims against employer in HIV-related discharge). Rickard v. McKesson, -- So. 2d -- , 2000 WL 1873014 (Fla. Dist. Ct. App., 4th Dist., Dec. 27, 2000) (niece may posthumously challenge uncle's adoption of same-sex partner in will contest). Roberts v. U.S. Jaycees, 468 U.S. 609 (1984) (state law banning sex discrimination by places of public accommodation is properly applied to private business association; neither express nor intimate association rights are unduly burdened by application of civil rights law vindicating state's compelling interest in ending sex discrimination in the public commercial sphere). Rollf v. Interim Personnel, Inc., 1999 WL 1095768, 17 N.D.L.R. P. 13 (E.D.Mo., Nov. 4, 1999) (not reported in F.Supp.2d) (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). Rosa v. Park West Bank & Trust Co., 214 F.3d 213 (1st Cir., June 8, 2000) (reversing summary dismissal of sex discrimination claim against bank that refused to take loan application from a cross-dresser because her mode of dress did not match the gender depicted in the photographs she offered on identification documents). Rosado v. Diaz, 624 A.2d 193 (Pa. Super. 1993) (in loco parentis theory can be used to confer standing on a third party who has established a parental relationship with a child to seek continued visitation, even where birth parent wants to terminate contact between petitioner and child). Rosenberger v. Rector and Visitors of University of Virginia, 515 U.S. 819 (1995) (State university violated First Amendment by denying funds to a student newspaper because of its religious tone). Rosenkrantz, In re On Habeas Corpus, Terhune v. Superior Ct. of Los Angeles County, 95 Cal. Rptr. 2d 279, 80 Cal. App. 4th 409 (2nd Dist., Div. 1, April 27, 2000), rev. denied, July 12, 2000 (upholding district court's order that parole board reconsider its decision to deny parole to gay man who was convicted 15 years ago as a teenager of killing another teen who was subjecting him to unwanted outing and harassment). Rotter v. Brinker Restaurant Corp., 1999 WL 1132982 (N.D.Ill, Dec. 10, 1999) (slip copy) (HIV+ discrimination plaintiff failed to show he was discharged because of his serostatus). Rubano v. DiCenzo, 759 A.2d 959 (R.I., Sept. 25, 2000) (family court has jurisdiction to enforce written custody agreement made by same-sex domestic partners). Rustvold v. Taylor, 171 Or. App. 128, -- P.3d -- , 2000 WL 1728429 (Ore. Ct. App., Nov. 22, 2000) (court narrowly rejects emotional distress claim based on manner in which doctors and hospital notified patient of her potential exposure to HIV; patient has tested negative). Saint Louis County, Missouri v. B.A.P., 18 S.W. 3d 397, 28 Media L. Rep. 1777 (Mo. App., E. D., Div. 4, March 21, 2000) (upholding municipal zoning ordinance aimed at adult businesses). 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). Samborski v. West Valley Nuclear Services Co., Inc., 1999 WL 1293351 (W.D.N.Y., Nov. 24, 1999) (slip copy) (homophobic slurs by co-workers may give rise to hostile environment claim under Title VII and NY Hum. Rts. Law). Santiago J. v. Pamela J., 1999 WL 1456949 (Del. Family Ct., Aug. 12, 1999) (slip copy) (gay father's visitation rights restricted due to family tensions and children's difficulty in relating to father's same-sex partner). S.C.C. v. Sweden (European Ct. of Hum. Rts., Feb. 15, 2000) (deportation of an HIV+ foreign national by Sweden did not violate Articles 2 or 3 of the European Charter of Human Rights, where she was already HIV+ at time of illegal entry to Sweden). Schulman v. Prudential Insurance Co., 226 A.D.2d 164, 640 N.Y.S.2d 112 (N.Y.A.D., 1st Dept., 1996) (affirming cause of action for emotional distress for inaccurate HIV diagnosis). Schwenck v. Hartford, 204 F.3d 1187 (9th Cir., Feb. 29, 2000) (holding that violence motivated by animus based on gender identity states a violation of the Violence Against Women Act. [but note, Supreme Court subsequently declared civil remedy provision of VAWA unconstitutional: see United States v. Morrison, below]. Finds that Supreme Court cases provide basis for broadly interpreting "sex" in civil rights laws to include "gender identity"). Scott v. New Jersey Air National Guard (N.J. Super. Ct., Seltzer, J.) (rejecting motion to dismiss perceived sexual orientation harassment claim under state law banning sexual orientation discrimination; rejecting argument that harassment within national guard should not be subject to judicial scrutiny). S.F. v. M.D., 751 A.2d 9, 132 Md. App. 99 (Md. Ct. Spec. App., May 2, 2000) (lesbian co-parent has standing to seek visitation with child she helped to conceive and raise, but visitation should be denied in this case because of demonstrated adverse effects on the child of visitation with the co-parent). Shea v. Shea, 2000 WL 62941 (Iowa Ct. App., Jan. 26, 2000) (not reported in N.W.2d) (Affirming trial court's refusal to take custody away from mother due to her "lesbian relationship" where trial court found that custody with mother would be preferable to custody with father, a physically abusive person). Sherwood v. Danbury Hospital, 746 A.2d 730, 252 Conn. 193 (March 26, 2000) (tolling statute of limitations for transfusion-AIDS liability where hospital actively prevented plaintiff from obtaining information necessary to realize she had a claim). Shields v. Bellsouth Advertising and Publishing Co., 228 F. 3d 1284, 11 A.D. Cases (BNA) 47, 19 NDLR p. 78 (11th Cir., Sept. 29, 2000) (certifies question to Georgia Supreme Court whether plaintiff who was held in an unemployment benefits proceeding to have been discharged for cause could nonetheless maintain an HIV-discrimination employment claim under the ADA). Sierakowski v. Ryan, 223 F. 3d 440 (7th Cir., Aug. 3, 2000) (Denying relief for nonconsensual HIV testing under Illinois and federal law). Silva v. Sifflard, 215 F.3d 1312 (table), 2000 WL 525573 (1st Cir., April 24, 2000) (unpublished disposition) (same-sex harassment because of victim's sexual orientation is not actionable under Title VII). Simonton v. Runyon, 225 F. 3d 122 (2nd Cir., Aug. 22, 2000), superseded by 232 F. 3d 33 (Oct. 23, 2000) (anti-gay workplace harassment does not violate Title VII's ban on sex discrimination unless plaintiff can show that harassment was due to his sex). Simpson v. Burrows, 90 F. Supp. 2d 1108 (D. Ore., Feb. 22, 2000) (campaign by conservative couple to oust lesbian couple from operation of town lodge gave rise to valid claims for intentional infliction of emotional distress and tort of intimidation and invasion of privacy, but not to defamation). Sims v. Besaw's Cafe, 997 P.2d 201, 81 FEP Cas. (BNA) 1411 (Ore. App., In Banc, Jan. 26, 2000) (Oregon municipality cannot by ordinance create a state court cause of action for sexual orientation discrimination in private sector employment). Smith v. Cutter Biological, 2000 WL 1483223 (La. Ct. App., 4th Cir., Sept. 6, 2000) (unpublished disposition) (wrongful death action by survivors of PWA barred by statute of limitations). Smith v. Regents of University of California, 4 Cal. 4th 843, 844 P.2d 500, cert. denied, 510 U.S. 863 (1993) (Students of state university have a First Amendment right to object to their activity fees funding student organizations with which they disagree). Smith v. Washington Heights-Inwood Ambulatory Care Network (N.Y.C. Hum. Rts. Comm., settlement announced Feb. 9, 2000) (claim of discriminatory treatment in rendering medical services on the basis of patient's sexual orientation). Sommers v. Iowa Civil Rights Commission, 337 N.W.2d 470 (Iowa 1983) (discrimination on basis of transsexuality not covered under state human rights law). South v. Gomez, 211 F.3d 1275 (table), 2000 WL 222611 (9th Cir., Feb. 25, 2000) (unpublished disposition) (prison officials unconstitutionally delayed in providing AIDS medication for new inmate). Spearman v. Desert Hospital, 210 F.3d 385 (table), 2000 WL 60163 (9th Cir., Jan. 18, 2000)(unpublished disposition) (district court correctly applied Younger v. Harris (401 U.S. 37 (1971)) abstention doctrine in federal sexual harassment suit when same claim was pending in state court - same-sex harassment case). Spearman v. Ford Motor Company, 231 F.2d 1080 (7th Cir., Nov. 3, 2000) (homophobic workplace harassment not actionable under Title VII when it was apparently motivated by dislike of plaintiff's sexual orientation, rather than discrimination on account of sex). Standard Insurance Co. v. Carls, 2000 WL 769222 (U.S.Dist.Ct., N.D. Cal., June 9, 2000) (correctly anticipating Galanty decision, see above, court finds that under California law the statutorily required incontestability policy takes priority over liability disclaimers in a contract of insurance; upholds disability benefits claim by HIV+ claimant). Stanley v. Georgia, 394 U.S. 557 (1969) (law against private possession of obscene matter violates federal constitutional privacy rights). 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 California v. Swindell & Pasquarelli (Cal., San Francisco Super. Ct., Nov. 22, 2000) (trial of ACT-UP members for disrupting Board of Supervisors Committee meeting). State of Colorado v. Dembry (jury conviction of reckless endangerment and sexual assault, HIV+ defendant and 12-year-old boy who has tested negative for HIV, March 13, 2000). State of Georgia v. Johnson (Ga. Super. Ct., Augusta, Aug. 26, 2000) (sentencing HIV+ woman to five years in prison for failing to warn sex partners about her serostatus). State of Iowa v. Brown, 2000 WL 278548 (Iowa Ct. App., March 15, 2000) (not officially reported) (rejects defendant's contention that introduction of gay pornography found in his home was prejudicial in trial of sexual assault against minor charges). State of Iowa v. Keene (guilty plea for criminal transmission of HIV, March 24, 2000). State of Iowa v. Porter (Iowa Dist. Ct., Nov. 16, 2000) (sentencing HIV+ man to 25 years in prison for infecting girlfriend). State of Kansas v. Coyote, 1 P.3d 836 (Kan., March 10, 2000) (upholds second-degree murder conviction of man who admitted killing gay victim but attempted to justify it as defense from sexual advance). State of Louisiana v. Alford, 765 So. 2d 1120 (La. Ct. App., 4th Cir., June 14, 2000) (affirming life prison sentence for HIV+ man convicted of drug trafficking). State of Louisiana v. Brenan, -- So.2d -- , 2000 WL 631289 (La. Sup. Ct., May 16, 2000) (affirmed decision that law prohibiting sale of obscene devices violates federal due process). State of Louisiana v. Honore, 564 So.2d 345 (La. Ct. App., 5th Cir., 1990) (although private possession of obscene matter may not be prohibited, its sale or transport may be prohibited). State of Louisiana v. Hudson, 760 So. 2d 591 (La. App., 2nd Cir., May 10, 2000) (slip copy) (affirming murder conviction of man who claimed he was defending himself from homosexual rape). State of Louisiana v. Jenkins, 750 So.2d 366 (La. Ct. App., 4th Cir., Dec. 29, 1999) (upholding life sentence for murderer of gay man; defendant claimed self-defense against sexual advances). State of Louisiana v. Schmidt, 771 So. 2d 131 (La. Ct. App., 3rd Cir., July 26, 2000) (affirming attempted murder conviction of man who deliberately infected girlfriend with HIV through a purported vitamin injection). State of Louisiana v. Smith, 99-0606, 2000 WL 1036302 (La. Sup. Ct. July 6, revised, July 26, 2000), rehearing denied, Aug. 31, 2000 (finding state sodomy law constitutional as applied to private, consensual adult sex), reversing 729 So.2d 648 (La. App., 4th Cir., 1999). State of Maine v. Crosby (U.S.Dist.Ct., D. Maine, Oct. 23, 2000) (sentencing for possession of child pornography). State of Maine v. Sweet, 745 A.2d 368, 2000 ME 14 (Maine, Jan. 31, 2000) (sentencing ruling on male molesters of male children who were NAMBLA members). State of Michigan v. Wallace (Wayne Co. Cir. Ct., Crockett, J., Jan. 2000) (manslaughter conviction in case raising "gay panic" defense). State of Missouri v. Lowe (Clay County Cir. Ct., Jan. 26, 2000) (sentencing HIV+ man for exposing teenage boy to HIV by fondling and performing oral sex on him). State of Missouri v. Stewart, 18 S.W. 3d 75 (Mo. Ct. App., E.D., March 28, 2000), transfer denied, June 27, 2000 (upholding conviction of man charged with deliberately infecting child with HIV to avoid support payments). State of New Mexico v. Lopez, 993 P.2d 727 (N.Mex., Dec. 28, 1999) (affirming murder conviction of slaughterer of gay school teacher). State of New York v. Wal-Mart Stores, 621 N.Y.S.2d 158 (App. Div., 3rd Dept. 1995) (N.Y. off-duty conduct law does not affect employer policy against unmarried employee cohabitation). 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. Cooper (Butler Co., Ohio, Common Pleas Ct., June 14, 2000) (sentencing HIV+ man to 20 years in prison for statutory rape), reported in Cincinnati Enquirer, June 15. State of Ohio v. Couturier, 2000 WL 796703 (Ohio App., 10th Dist., June 20, 2000) (reversing conviction for felonious assault of HIV+ man who allegedly had sex with 13-year-old girl without disclosing HIV status or taking precautions against transmission; court found intent element lacking). State of Ohio v. Faulk, Hamilton App. No. C-77486, 1978 Ohio App. LEXIS 8288 (unreported) (Ohio Sup. Ct.) (reversing decision of lower court holding homosexual solicitation statute unconstitutional). State of Ohio v. Hresko, 2000 WL 301079 (Ohio Ct. App., 8th Dist., March 23, 2000) (slip copy) (affirming battery conviction of sexually aggressive gay prison nurse). State of Ohio v. Hutchinson, 1999 WL 1236354 (Ohio App., 12th Dist., Dec. 20, 1999) (not reported in N.E.2d) (affirming conviction of HIV+ man for rape of 8 year old boy). State of Ohio v. Lasher, Cuyahoga App. No. 73085, unreported, 1999 WL 13971, appeal dismissed, 85 Ohio St. 3d 1476 (Ohio Sup. Ct. 1999) (rejecting equal protection challenge to homosexual solicitation law). State of Ohio v. Peters (Ohio Cir. Ct., Columbus, March 15, 2000) (guilty plea for destruction of property; defendant burned gay rainbow flag that was flying at state capitol to protest against gay rights). State of Ohio v. Phipps, 389 N.E. 2d 1128, 58 Ohio St. 2d 271 (Ohio Sup. Ct. 1979) (construing solicitation law to apply only to solicitation that, by its utterance, inflicts injury or is likely to provoke the average person to an immediate breach of the peace). State of Ohio v. Smith, 2000 WL 1060609 (Oh. Ct. App., 8th Dist., Aug. 3, 2000) (remanding for resentencing the conviction of the husband of an HIV+ woman for raping his sister's girlfriend). State of Ohio v. Thompson, 2000 WL 1876610 (Ohio Ct. App., Dec. 28, 2000) (calling for Supreme Court to reconsider constitutionality of homosexual solicitation statute as potentially violative of equal protection). State of Rhode Island v. Rogers (R.I., Franklin Co. Superior Ct., Josephson, J., April 18, 2000) (imposing sentence on student who carved the word HOMO on the back of another student). State of South Carolina v. Tillman (S.C. Cir.Ct., Spartanburg, Aug. 10, 2000) (life sentence to gay man for stabbing his former lover to death over sexual issues). State of Tennessee v. Bennett, 2000 WL 1782763 (Tenn. Ct. Crim. App., Dec. 6, 2000) (lengthy prison sentence is deterrent for HIV+ individual who was having sex without informing partners of his serostatus). State of Tennessee v. Wiser, 2000 WL 1612363 (Tenn. Ct. Crim. App., Oct. 30, 2000) (upholding lengthy prison sentence for HIV+ woman who had unprotected sex without disclosing her status to others). State of Texas v. Morales, 826 S.W.2d 201 (Tex. App. - Austin, 1992), rev'd on jurisdictional grounds, 869 S.W.2d 941 (Tex. 1994) (Appeals court holds sodomy law violates state constitution, but Supreme Court reverses on ground that constitutionality of criminal statute may only be determined by court of criminal appeals in an actual prosecution). 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. Cross, 102 Wash. App. 1056, 2000 WL 1514848 (Wash. Ct. App., Div. 2, Oct. 12, 2000) (unpublished disposition) (mandatory testing of drug crimes defendant for HIV does not apply if the offense did not involve use of hypodermic needles). State of Washington v. Horton, 1999 WL 1220546 (Wash. App., Div. 1, Dec. 20, 1999) (unpublished opinion) (Mandatory HIV testing as a condition of sentencing on a drug offense is not authorized by state law where the drug offense does not involve use of hypodermic needles). State of Washington v. Running (Multnomah Co. Super. Ct., July 6, 2000) (conviction of man who killed his girlfriend and her lesbian lover), reported in The Columbian, July 7. State of Washington v. Smith, 102 Wash. App. 1020, 2000 WL 1250761 (Wash. Ct. App., Div. 2, Sept. 1, 2000) (unpublished disposition) (upholding charges of malicious harassment on the basis of sexual orientation against high school student for taunting a gay man on a bus). State of Washington v. Weaver (Chelan Co. Super. Ct., Jan. 20, 2000) (sentence for exposing sexual partner to HIV). State of Wisconsin v. Mahler, 2000 WL 387531 (Wis. Ct. App., April 18, 2000) (slip copy) (fear of HIV infection did not provide reasonable basis for motorist stopped by state police to refuse to have blood drawn for an alcohol level test). Stauffer v. Oregon Citizens Alliance (Ore. Cir. Ct., Multnomah County, Oct. 26, 2000) (anti-gay lobbying group must pay damages to lesbian who was forcibly removed from a meeting in a public hall in violation of her civil rights). Sterling v. Borough of Minersville, 232 F.3d 190 (3rd Cir., Nov. 6, 2000, amended Nov. 14, 2000) (executrix for estate of minor who committed suicide after police officer threatened to "out" him to his family had cause of action for violation of minor's constitutional rights; officers not entitled to qualified immunity, since right of privacy in sexual orientation is established). 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). Sullivan v. County of Pierce, 235 Wis. 2d 278, 616 N.W. 2d 526 (table), 2000 WL 432368 (U.S.Ct.App., 9th Cir., April 21, 2000) (unpublished disposition) (County violated arrestee's 8th Amendment rights by depriving him of required HIV-related medication for two days after arrest). Sullivan v. David Frankel Realty, NYLJ, 5/18/2000 (N.Y.Sup.Ct., N.Y.Co., Weissberg, J.) (where arbitration agreement did not require arbitrator to address discrimination claims, union-represented building worker was entitled to sue on claim of sexual orientation discrimination despite losing arbitration over grievance). Sund v. City of Wichita Falls, Texas, 114 F.Supp.2d 566 (N.D.Tex., W.F. Div., Sept. 20, 2000) (enjoining operation of city ordinance giving groups of citizens veto power over placement of books in public library; ordinance sparked by gift of gay children's books to library). Tammy, In re Adoption of, 416 Mass. 205 (1993) (approving second-parent adoption). Tale v. Canada, 2000 CarswellNat 1531 (Fed. Ct. Canada, Trial Div., July 19, 2000) (affirming denial of asylum to gay Eritrean (African) immigrant; failure to show well-grounded fear of persecution). Taneus v. Brookhaven Memorial Hospital Medical Center, 99 F.Supp.2d 262 (E.D.N.Y., May 26, 2000) (Title VII ban on retaliatory discharge does not apply in case of nurse of Haitian origin who was dismissed after protesting policy of classifying Haitians as an AIDS high-risk group). Taylor v. Barnett, 105 F. Supp. 2d 483 (E.D. Va., July 17, 2000) (ruling on 8th Amendment claim of failure to provide adequate medical care by HIV+ prisoner). Taylor v. Louisiana, 419 U.S. 522 (1975)(excluding women for venire [juror pool] violates defendant's 6th Amendment right to be tried by representative cross-section of community). T.B. v. L.R.M., 753 A. 2d 873 (Pa. Super. Ct., En Banc, June 5, 2000) (lesbian co-parent has standing to sue for visitation with child she was raising with former partner; in loco parentis theory applies to confer standing on third party). Texas Dept. of Mental Health and Mental Retardation v. Lee, 2000 WL 502521 (Tex. Ct. App. - Ft. Worth, April 27, 2000), superseded by -- S.W. 3d , 2000 WL 550822 (allowing suit to proceed) (state hospital patient allegedly assaulted by HIV+ fellow inmate could not pursue a tort claim against the state; negligence of the hospital was not shown to be the proximate cause of the assault). Thaddeus-X v. Wozniak, 215 F. 3d 1327 (table), 2000 WL 712383 (U.S.Ct.App., 6th Cir., May 23, 2000) (unpublished disposition) (prisoner deprived of AIDS medications for two days did not suffer physical injury sufficient to trigger 8th Amendment concerns for cruel or unusual punishment claim). Theissen v. Two Queens, Inc., NYLJ, 5/18/2000 (N.Y.Sup.Ct., N.Y. Co., Miller, J.) (dismissing tort claims brought by bodybuilder complaining about uses to which his photos were put by photographer, who sold pictures to a business that used them to advertise a gay play in gay print media; written model release precluded claims). The New Life Center v. Fessio, 2000 WL 11577800 (U.S.Ct.App., 4th Cir., Aug. 16, 2000) (unpublished disposition) (finding that center providing mental health services for Catholic priests was a "limited public figure" and could not sue Catholic publication for defamation for calling it a hotbed of homosexuality). Thomas v. Anchorage Equal Rights Commission, 220 F.3d 1134 (9th cir., en banc, Aug. 4, 2000) (landlords who refused to rent to unmarried couples lacked standing to challenge enforcement of state and city laws banning marital status discrimination in rental housing; pre-enforcement challenge is not ripe). Thomas v. Commonwealth of Virginia, 2000 WL 1239937 (Va. Ct. App., Sept. 5, 2000) (unpublished disposition) (trial court correctly excluded evidence that DUI offender suffered from AIDS-related depression). Thomas v. Coleman Enterprises, 2000 WL 385479 (Minn. Ct. App., April 18, 2000) (unpublished disposition) (homophobic remarks by supervisor were not sufficient to create hostile environment actionable under sexual orientation discrimination law). Thompson, In re, 11 S.W.3d 913 (Tenn. Ct. App. 1999) (lesbian co-parent lacks standing to seek custody after dissolution of her relationship with child's birth mother). 353 East 70th Realty, Inc. v. Sara A.M., NYLJ, 8/9/00, p. 23 (N.Y.C. Civ. Ct., N.Y. Co.) (HIV+ individual has a disability for purposes of protection from eviction under rent regulations). Tiano v. Monterey County Herald, 1999 WL 1454872, 27 Media L. Rep. (BNA) 1637 (Cal. Super. Ct., Monterey Co., Silver, J., March 4, 1999) (newspaper immune from liability for publishing information that police officer sought HIV testing after encounter with prisoner). Toboso-Alfonso, In re Asylum Petition of, 20 I & N Dec. 819 (1990) (holding sexual orientation can be the basis for establishing a "particular social group" for asylum purposes; subsequently designated as precedential by Attorney General Janet Reno). Tollefson v. Price, 247 Or. 398, 430 P.2d 990 (Or. Sup. Ct., 1967) (recognizing cause of action for invasion of privacy based on publicity of a "highly objectionable" kind). Town of West Hartford v. Commission on Human Rights and Opportunities, 27 Conn. L. Rptr. 592, 2000 WL 1172336 (Conn. Super. Ct., July 12, 2000) (refusing TRO against commission in pending claim of sexual orientation discrimination based on municipal swimming pool membership policies). Troxel v. Granville, 120 S.Ct. 2054 (June 5, 2000) (state law allowing third parties to seek custody or visitation of children at any time, and authorizing determination of best interests of the child without placing any special weight on the preferences of natural parrents, violates due process of law). Tyler v. Cuomo, -- F. 3d -- , 2000 WL 1838967 (9th Cir., Dec. 15, 2000) (partially reviving homeowners lawsuit for damages connected to opening of HIV-residence in their neighborhood). United States v. Crown, 2000 WL 364890 (U.S.Dist.Ct., S.D.N.Y., April 10, 2000) (slip copy) (prosecution for illegal entry into U.S. will not be stayed based on defendant's allegation that he is HIV+ and no treatment exists for this condition in his home country), 2000 WL 709003 (U.S.Dist.Ct., S.D.N.Y., May 31, 2000) (HIV+ native of Belize may not raise necessity defense grounded in treatment deficiencies for HIV infection in native country to block deportation after illegal entry into U.S.). United States v. Dauray, 215 F. 3d 257 (2nd Cir., June 15, 2000) (ambiguous provision in 1994 federal child porn criminal law created due process violation when applied to defendant). United States v. Detwiler (D. Okla., settlement reported, Dec. 22, 2000) (doctor refused to treat HIV+ patient; settlement of suit by Justice Dept. under ADA Title II). United States v. Fischer (Army Court Martial) (accomplice in murder of Pfc. Barry Winchell pled guilty to lying to investigators and obstruction of justice, and sentenced to 12.5 years in prison). 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. Grant, 2000 WL 1843896 (2nd Cir., Dec. 13, 2000) (convicted swindler of gay men must forfeit all illicit gains). United States v. Green, 2000 WL 1873775 (9th Cir., Dec. 15, 2000) (unpublished disposition) (sustaining conviction for scheme to market bogus HIV testing). United States v. Morrison, 120 S.Ct. 1740 (May 15, 2000) (Civil remedy provisions of Violence Against Women Act is not supported by Commerce Clause; Congress lacks authority to allow individuals to assert a federal claim for sex-motivated violence that has no direct impact on interstate commerce). United States v. McDonald (U.S.Dist.Ct., N.Car., Bullock, J.) (setnenced imposed on man for fraud in viaticating insurance policies). United States v. Mueller, 2000 WL 1648146 (7th Cir., Nov. 1, 2000) (unpublished disposition) (rejecting gay man's attack on the internal revenue code; tax obligation applies). United States v. Person, 205 F.3d 1336 (table), 2000 WL 223336 (U.S.Ct.App., 4th Cir., Feb. 28, 2000) (not officially published) (it was error for government to cross-examine drug defendant about a long-ago arrest for soliciting gay sex, but court finds error harmless in light of overwhelming other evidence of guilt). United States v. Phillips, 52 M.J. 268, 2000 WL 253622 (U.S. Ct. App. Armed Forces, March 6, 2000) (servicemember prosecuted for fraud for taking marriage benefits; allegation member is gay and marriage is sham; evidence of defendant's homosexuality is admissable as relevant to fraud charge). United States v. Playboy Entertainment Group, Inc., 120 S.Ct. 1878 (May 22, 2000) (striking as violative of First Amendment portion of Communications Decency Act requiring cable TV operators either to adopt scrambling technology that eliminates signal bleed or to refrain from broadcasting channels substantially devoted to programming of a sexual nature between 6 am and 10 pm). United States v. Poehlman, 217 F. 3d 692 (U.S.Ct.App., 9th Cir., June 27) (government entrapped cross-dresser through internet chatroom). United States v. Santos, 201 F.3d 953 (7th Cir., Jan. 19, 2000) (cross examination of lesbian witness could probe issues related to sexual orientation that might reveal witness bias). United States v. Tadeo, 222 F. 3d 623 (9th Cir., Aug. 25, 2000) (rejecting downward departure in sentencing guidelines for HIV+ status). University of Alabama v. Garrett, 193 F.3d 1214 (11th Cir. 1999). cert. granted, 120 S.Ct. 1669 (April 17, 2000) (whether state is immune from suit by its employees under the ADA). Uranga v. Federated Publications, Inc., d/b/a The Idaho Statesman, 2000 WL 1056095, 28 Media L. Rptr. 2265 (Idaho Ct. App., Aug. 2, 2000) (publisher shielded by First Amendment from liability for publishing truthful report about anti-gay sting operations of long ago in which plaintiff's name appeared on document included in news photograph). Urofsky v. Gilmore, 216 F.3d 401, 2000 WL 806882 (4th Cir., en banc, June 23, 2000), cert. denied, 2001 WL 12464, 1/8/2001 (upholds constitutionality of Virginia statute forbidding state employees from accessing sexually-explicit websites on state owned or leased computers). Valdez v. Ward, 219 F. 3d 1222 (10th Cir., July 27, 2000) (affirming death sentence for murderer of gay man who refused to continue listening to defendants sermon on the sinfulness of homosexuality). Vasquez v. Hawthorne, 994 P.2d 240 (Wash. Ct. App., Div. 2, Feb. 11, 2000) (same-sex partners are not engaged in "meretricious" relationship, and so have no rights under state intestate succession policies). V.C. v. M.J.B., 748 A. 2d 539 (N.J. Sup. Ct., April 6, 2000), cert. denied, Oct. 10, 2000 (lesbian co-parent should be treated as "de facto" parent for purposes of custody and visitation determination; co-parent is entitled to visitation rights but not joint legal custody, in light of circumstances including significant period of time when co-parent was separated from children after birth mother stopped visitation). Wahl v. Carrissima of Italy III, Ltd., 2000 WL 1100434 (N.D. Ill., Aug. 4, 2000) (standing of HIV+ employee to seek benefits; dispute about employment status of alleged contractor). Watkins v. U.S. Dept. of Defense (U.S.Dist.Ct., Md.) (Suit seeking to block attempt by Defense Department to recoup Naval Academy tuition costs from cadet forced to resign for being gay during his final year), filed June 29, 2000, reported in Baltimore Sun, June 30. Wayne v. Jarvis, 197 F.3d 1098 (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). West v. Apfel, 2000 WL 1847766 (N.D.Ill., Dec. 14, 2000) (revived action for disability benefits by HIV+ man). Weyer v. 20th Century Fox Film Corp., 198 F.3d 1104 (9th Cir., Jan. 3, 2000) (Americans With Disabilities Act does not forbid insurance company from providing different levels of coverage for different diseases). White v. Bank of America Corporation, 2000 WL 1664162 (N.D.Tex., Nov. 2, 2000) (man with chronic hepatitis C is individual with a disability under the ADA). William G. TT v. Siobhan HH, Matter of, NYLJ, 10/2/2000 (N.Y. Fam. Ct., Albany Co.), awarding visitation rights to sperm donor in dispute with lesbian mother). William G. TT v. Siobhan, Matter of, 701 N.Y.S.2d 611, 183 Misc.2d 162 (N.Y. Family Ct., Albany Co., Dec. 10, 1999) (Maney, J.) (lesbian co-parent lacks standing to intervene in custody dispute between her partner and child's biological father). Williams v. Kaiser, 2000 WL 1262657 (N.D. Cal., Aug. 22, 2000) (rejecting religious discrimination claim from employee who was discharged after engaging in homophobic conduct at work). Williams v. Pryor, 229 F. 3d 1331 (11th Cir., Oct. 12, 2000) (rejecting constitutional challenge to state law banning sale of sex toys). Williams v. Reed, 6 S.W.3d 916 (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). Williams v. State of Wyoming, 2 P.3d 543 (Wy. Sup. Ct., April 14, 2000) (affirming denial of workers compensation coverage for police officer's costs of HIV and HBV testing after on-the-job blood exposure). Wilson-Watson v. Dax Arthritis Clinic, Inc., 766 So. 2d 1135 (Fla. Dist. Ct. App., 2nd Dist., Aug. 23, 2000) (actual exposure to HIV is prerequisite for AIDS phobia suit). Winckler v. Commonwealth of Virginia, 531 S.E. 2d 45, 32 Va. App. 836 (Va. Ct. App., Alexandria, July 18, 2000) (upholding capital murder conviction of lesbian who participated in killing former lover). Wright v. Giuliani, 2000 WL 777940, 18 NDLR p. 143 (U.S.Dist.Ct., S.D.N.Y., June 14, 2000) (refusing to certify class action challenging quality of housing provided to homeless PWA's, but allowed the case to continue); affirmed, 230 F. 3d 543, 19 NDLR p. 123 (2nd Cir., Oct. 25, 2000). 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). Young v. Makhoul (Va., Richmond Super. Ct., Dec. 15) (jury verdict holding surgeon not liable for HIV transfusion). Z.C.W., Guardianship of, 71 Cal. App. 4th 524 (1999) (facts did not support petitioner's claim that loss of relationship with child would cause psychological harm)