2001 Lesbian/Gay Law Notes Case Table - Tentative Year-End Version Listing of cases cited in Lesbian/Gay Law Notes during 2001 as well as cases decided during that year but reported in later issues of Law Notes. Compiled by Arthur S. Leonard. A. v. Chief Constable of W. Yorkshire (U.K. Employment Appeal Tribunal, Oct. 9) (upholding refusal to hire transgender applicant to be police officer, on ground that applicant would be unable to perform full range of duties, including strip searches of prisoners). Abels v. Massachusetts Department of Education (Labor Arbitrator Marc Greenbaum, Aug. 22, 2001) (ordering reinstatement of HIV/AIDS educator who was discharged after her explicit safe- sex presentation to high school students in a program at Tufts University was taped by conservative activists who played the tapes for the press, leading to political controversy). Adams, In re Darryl Michael, 540 S.E.2d 609 (Ga. Jan. 8, 2001) (Bar admission, applicant misstatements concerning sexual misconduct). A.F. v. D. L. P. D., 339 N.J. Super. 312, 771 A.2d 692 (N.J. Super. Ct. App. Div., April 20, 2001) (Court rejects a psychological parent claim by a lesbian seeking visitation with her former lover's adopted child). Albrechtsen v. University of Wisconsin (Reported in Wisconsin State Journal, June 28, 2001) (Jury awards large sum to heterosexual professor on claim that he suffered retaliation for complaining about sex discrimination at the hands of lesbians who ran the academic department). Air Transport Association of America v. City and County of San Francisco, 266 F.3d 1064 (9th Cir., Sept. 11, 2001) (rejecting challenge to constitutionality of San Francisco ordinance disqualifying city contractors who do not provide domestic partnership benefits). Allison D. v. Virginia M., 77 N.Y.2d 651 (1991) (lesbian co-parent lacks standing to seek visitation after breakup of relationship with child's natural mother). Altman v. Minnesota Dept. of Corrections, 251 F.3d. 1199 (8th Cir., May 29, 2001) (Group of correction officers in State prison stated valid speech and constitutional claims when they were disciplined for engaging in bible- reading as a silent protest during mandatory gay/lesbian training sensitivity program). Alvarado v. State of Georgia, 547 S.E.2d 616, 248 Ga. App 810 (Ga. Ct. App., March 28, 2001) (trial court did not err in admitting into evidence defendant's homoerotic videos in case involving sexual molestation of a young boy even though videos did not illustrate pedophile tendencies). American Civil Liberties Union v. Anaheim, California Union High School (Reported in the Los Angeles Times, March 17,2001) (Suit settled between ACLU and High School concerning censorship of gay and lesbian books in the school library. School will return to library collection books from series "Live of Notable Gays and Lesbians"). Anderson v. U.S.F. Logistics (IMC), Inc., 274 F.3d 470 (U.S.Ct.App., 7th Cir., Dec. 14, 2001) (upholding district court's refusal to enjoin employer from barring employee from including "have a blessed day" in her telephone communication's with employer's clients). 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). Ann Marie N. v. City and County of San Francisco, 2001 WL 1261958 (Cal. Ct. App., 1st Dist., Oct. 22, 2001) (not officially published) (reversing dismissal of suit against city for negligent and intentional concealment of HIV+ status of adoptive child). Anonymous v. CVS Corporation, 728 N.Y.S.2d 333 (N.Y. Sup. Ct., N.Y. Co., March 1, 2001) (customer may maintain action for violation of privacy against pharmacy that sold its patient information files to successor upon going out of business; but HIV confidentiality law does not apply to this situation, since pharmacist is not a health care provider and is not rendering medical services). Anonymous v. High Rabbinical Court in Jerusalem, No. 23/00 (Israel Supreme Court, March 19, 2001) (Rabbinical Court acted outside its jurisdiction when it ordered that a divorced woman could not be with her lesbian lover in the presence of her children). Attorney Grievance Commission of Maryland v. Thompson, 786 A.2d 763 (Md. Ct. App., Dec. 17, 2001) (upholding indefinite suspension from practice for middle-aged male practitioner convicted of stalking teenage boy with whom he was sexually obsessed). Bacharach, Application for a Change of Name by, 780 A.2d 579 (N.J. Super. App. Div., Aug. 2, 2001) (approving lesbian's request to add partner's surname to her own in hyphenated form does not violate public policy by misleading others to think women have a legally-recognized relationship; N.J. public policy actually supports recognizing same-sex partners). Baehr v. Lewin, 852 P.2d 44 (Haw. 1993) (failure of state to afford right of marriage to same sex couples may violate state constitutional equal rights amendment as sex discrimination). Baker v. State of Vermont, 744 A.2d 864 (Vt. Supreme Ct. 1999) (holding that failure of state to extend rights and privileges and duties of marriage to same-sex couples violates equal benefits clause of state constitution; staying decision to give legislature opportunity to remedy the violation; legislature enacted Civil Union Act in 2000). Ballard v. Healthsouth Corp., 147 F. Supp. 2d 529, 11 A.D. Cases 1717, 21 NDLR para. 110 (N.D. Tex., May 25, 2001) (Court rejects HIV+ employees' claims of breach of HIV confidentiality and hostile work environment under ADA) Barese v. Clark, 773 A.2d 946, 62 Conn. App. 58 (Conn. App. Ct., Nov 1, 2000) (prosecutorial immunity shields a prosecuting attorney from liability to crime victim for revealing in criminal sentencing hearing that the defendant convicted of assaulting the victim had claimed at the time to be HIV+) Bibby v. Philadelphia Coca Cola Bottling Co., 260 F.3d 257 (3rd Cir. Aug. 1, 2001) (gay man's hostile environment sexual harassment claim failed under Title VII because he showed only that he was victimized because of his sexual orientation, not because of his sex; plaintiff made no allegations of gender nonconformity or other defining aspects of actionable same-sex harassment as required by Oncale v. Sundowner). Bicknell, In re, 2001 WL 121147 (Ohio App. 12th Dist., Feb. 12, 2001) (not officially published) (upholds trial court's determination denying two lesbian partners the right to change their last names to a new common surname on the basis that giving court approval to use the same surname by two unmarried cohabitants would be against state's public policy of promoting marriage) Bines v. Vaughn, 2001 WL 936636 (U.S.Dist.Ct., E.D. Pa., Aug. 2001) (not officially published) (HIV+ prisoner's claim of improper deprivation of treatment fails due to lack of evidence of deliberate indifference to his medical needs; mere disagreement about appropriate treatment does not amount to a constitutional violation). Bitner v. Pekin Memorial Hospital, 741 N.E.2d 1075, 317 Ill. App. 3d 935 (Ill. Ct. App., 3d Dist., Dec. 22, 2000) (AIDS Confidentiality Act does not create cause of action for policeman who seeks disclosure of criminal suspect's HIV status). Blake v. Stradford, 725 N.Y.S. 2d 189 ( 1st Dist., April 24, 2001) (homeowner was entitled to an order to evict his former opposite-sex domestic partner from house, as she was merely a licensee whose right to remain could be unilateral revoked. Martial partner has right to occupancy of a home owned by a spouse but domestic partner has no such right). Blanks v. Southwestern Bell Communications, Inc., 2001 WL 1636359 (U.S.Dist.Ct., N.D.Tex., Dec. 18, 2001) (HIV+ clerical employee not protected from discrimination by ADA because he did not credibly allege that his HIV-infection substantially limited any of his major life activities). Blevins v. Bardwell, 784 So.2d 166 (Miss., April 19, 2001) (in determining child custody, court took account of HIV-related illness of paternal grandfather in determining that home environment of mother would be preferable). B.M.W. v. Gore, 517 U.S. 559 (1996) (excessive punitive damages in a torts case may violate the constitution's ban on cruel and unusual punishment). Board of Trustees of University of Alabama v. Garrett, 531 U.S. 955 (Feb. 21, 2001) (State university immune from suit under Americans with Disabilities Act [ADEA], Title I (employment), due to 11th Amendment sovereign immunity). Boot v. Boot, 2001 WL 766115 (Mich. Ct. App., Jan 30, 2001) (not officially published) (affirms trial court decision to award custody of child to mother who had experienced a lesbian affair). Borland v. United States, 2001 WL 1450721 (U.S.Ct.App., 6th Cir., Nov. 7, 2001) (unpublished disposition) (no anti-gay bias found in IRS enforcement of tax code against appellant). Bowman v. Beasley, 248 F.3d. 1133 (4th Cir., April 26, 2001) (the decision to segregate HIV+ prisoners from other prisoners in the South Carolina prison system was the kind of policy judgment that falls within the wide deference afforded prison administrators). Bowens v. City of Atmore, 2001 WL 395170 (S.D. Ala., March 27, 2001) (not officially published) (Court grants summary judgment to defendants in case in where survivors of an HIV+ substance abuser sued prisoner authorities for wrongful death in connection with decedents jailhouse suicide). Boy Scouts of America v. Dale, 530 U.S. 640, 120 S.Ct. 2446 (2000) (Application of N.J. public accommodations law to BSA to require reinstatement of "avowed homosexual and gay rights activist" as adult member/assistant scoutmaster violates the 1st Amendment right of expressive association of the Boy Scouts organization) Boy Scouts of America v. Till, 136 F.Supp.2d 1295 (S.D.Fla., March 21, 2001) (preliminary injunction against school district's exclusion of the Boy Scouts from facilities because of the organization's anti-gay membership and leadership policies; blanket exclusion of BSA from use of public facilities due to their anti-gay membership policies violates 1st Amendment freedom of speech). Boyer v. KRS Computer & Business School, 171 F. Supp. 2d 950, 12 A.D. Cases 439 (U.S.Dist.Ct., D. Minn., Sept. 10, 2001) (HIV discrimination and privacy). Brady v. Dean, 790 A.2d 428 (Vt. Supreme Ct., Dec. 26, 2001) (rejecting challenge to Civil Union Law based on betting activities of state legislators). Bragdon v. Abbot, 524 U.S. 624 (1998) (HIV+ woman capable of bearing children was disabled within meaning of ADA due to significant impairment of her reproductive capacity). Brandon v. County of Richardson, 261 Neb. 236, 624 N.W.2d 604 (Neb., April 29, 2001) (County Sheriff had acted with such gross incivility, vulgarity and skepticism in dealings with Brandon Teena, a biological female who was gender dysphoric [transsexual] and had assumed a male identity, after decedent reported rape, so as to support a tort claim of intentional infliction of emotional distress brought by Brandon's mother on behalf of the estate). Braschi v. Stahl Assocs. Co., 74 N.Y.2d 201 (1989) (Family succession protection under rent control regulations extends to same-sex domestic partner of tenant). Brause v. State of Alaska, 21 P.3d 357 (Alaska, April 17, 2001) (Same-sex couple lacked standing to challenge state benefit plans that are available to married couples but not same-sex couples, as they had not applied for and been denied any particular benefit; court also cites lack of ripeness). Brennan v. Metropolitan Opera Association, Inc., 284 App. Div. 2d 66, 729 N.Y.S.2d 77 (N.Y.App. Div., 1st Dept., July 12, 2001) (affirming dismissal of sexual orientation discrimination claim brought by heterosexual woman, who alleged she was victim of hostile environment and sexual orientation discrimination when Met failed to renew her annual contract as assistant stage director; allegations that gay men dominated the staff and exposed her to unwanted sex talk and offensive pictures posted in office; in prior litigation, federal courts dismissed age and sex discrimination claims by the same plaintiff). Brenneman v. State of Texas, 45 S.W. 3d 729 (Tex. App . 13th Dist. , April 5, 2001) (upholding enhanced sentencing of a homophobic perpetrator of violent crime under Texas hate crimes statute). Brentlinger v. Highlights for Children, 753 N.E.2d 937, 142 Ohio App. 3rd 25 (Ohio. App. 10th Dist., March 21, 2001) (Accepts employee's hostile environment same-sex harassment claim against supervisor and reversed trial court's decision of summary judgment that company had taken prompt steps to deal with the harassment and bore no responsibility for the harassment). Broulette v. Starns, 161 F. Supp. 2d 1021 (D. Ariz., Aug. 27, 2001) (upholding prisoner's claim that authorities wrongfully withheld copies of adult magazines to which he had subscribed, and rejecting qualified immunity arguments). Broussard v. State of Texas, 2001 WL 4222059 ( Tex.Civ. App. 14th Dist., April 26, 2001) (designated no publication) (affirms life sentence for sexually assaulting a young male relative with the victim testing positive for HIV). Brown v. Todd, 53 S.W.3d 297, 44 Tex. Sup. Ct. J. 948, 86 Fair Emp. Prac. Cas. (BNA) 329, (Tex., June 21, 2001) (neither a concerned citizen nor a member of Houston City Council has standing to raise legal objections to Mayor's executive order prohibiting discrimination on the basis of sexual orientation within the executive branch of the city government). Bruff v. North Mississippi Health Services, 244 F.3d 495 (5th Cir., March 28, 2001), cert. denied, 122 S.Ct. 348 (Oct. 9, 2001). (Employer not required by Title VII to accommodate employee's religiously-inspired homophobia by excusing her from portion of her job requiring counseling of gay employees of client companies). Burdine v. Johnson, 262 F.3d 336 (5th Cir., en banc, Aug. 13, 2001) (9-5) (man convicted of capital murder at trial during which defense counsel frequently slept during testimony was deprived of effective assistance of counsel; defendant is gay man accused of murdering former lover, and defense counsel slept through questioning and testimony later characterized as "homophobic"). Burke v. Iowa Methodist Medical Center, 2001 WL 739595 (S.D. Ill., Feb 22, 2001) (not officially published) (nurse who suffered from AIDS had the burden to request reasonable accommodation, and thus termination by the medical center did not violate the ADA). Burlington Industries v. Ellerth, 524 U.S. 742 (1998) (employer can defeat vicarious liability under employment discrimination law by showing it had rules against behavior in question and provided an internal mechanism for dealing with misconduct that plaintiff unreasonably failed to invoke). Burns v. Freer (Ga. Ct. App.) (Reported in Conservative News Service, April 25, 2001) (Georgia Appeals court considers first test of extra-territorial effect for Vermont Civil Unions in case involving child visitation; appellant argues that civil union creates family relationship between herself and her same-sex partner, thus rendering inapplicable visitation restriction excluding cohabitants who are not members of the custodial parent's family). Butler v. Harris, 112 Cal. Rptr. 2d 127, 1 Cal. Daily Op. Serv. 8396 (Cal. Ct. App., 4th Dist., Div. 1, Sept. 24, 2001) (rejecting constitutional challenge to grandparent visitation statute). Butler v. State of Texas, 2001 WL 395376 (Tex. Civ. App. 14th Dist., April 29, 2001) (designated no publication) (rejecting claim by HIV+ defendant who pleaded no contest to several felony charges that due to his HIV+ status and the combined effect of taking 16 different medications at the time of his plea had rendered him incapable of understanding the consequences of his plea). C, on behalf of T. v. G. and E. (N.Y. Sup. Ct., N.Y. Co., Diamond, J.) (Published in the New York Law Journal, Jan.12, 2001) (Custody of child born to surrogate mother awarded to gay father for whom she bore him). Cable v. Todisco, 2001 WL 1555372 (Cal. Ct. App., 4th Dist., Dec. 5, 2001) (not officially published) (upholding defamation verdict on behalf of physician falsely labeled as having AIDS). Campbell v. Campbell, 985 S.W. 2d 724 (Ark. 1999) (Purpose of overnight-guest order, prohibiting custodial parent from allowing romantic partners to stay or reside in home when children are present, is to promote a stable environment for the child and is not imposed to monitor a parent's sexual conduct). Cardiner v. Provident Life and Accident Insurance Co., 158 F. Supp. 2d 1088 (C.D. Calif., July 10, 2001) (granting summary judgment to defendant in HIV+ plaintiff's claim of violation of covenant of good faith and fair dealing respecting termination of payment of disability benefits; plaintiff, who quit stockbroker job for psychological stress-related reasons, obtained new training and commenced a career as a psychotherapist; after having paid benefits throughout this time, insurer determined he was no longer "disabled" and terminated benefits based on a long series of reports from medical examiners). Carozza v. Blue Cross and Blue Shield of Massachusetts, Inc., 2001 WL 1517584 (Mass. Super. Ct., Nov. 16, 2001) (not officially published) (refining analysis of prima facie case of sexual harassment). Carrillo v. AMR Eagle, Inc., 148 F. Supp. 2d 142 (D.P.R., June 28, 2001) (Finding that HIV+ male plaintiff failed to establish that he had a disability under the ADA because he presented no expert testimony to prove that HIV can be transmitted from men to women during sexual intercourse). C.C.G., In re Adoption of, 762 A.2d 724 (Pa. Super. Ct., en banc, 2000) (same-sex partner does not have right to adopt child without cutting off natural parent's rights). Chambers v. Babbitt, 145 F. Supp. 2d 1068 (D.Minn., May 17, 2001) (high school principal violated First Amendment right of student by prohibiting him from wearing a "straight pride" T- shirt to school). Chicago Area Counsel of Boy Scouts of America v. City of Chicago Commission on Human Rights, 322 Ill. App. 3d 17, 748 N.E.2d 759, 255 Ill. Dec. 55 (Ill. App. 1st Dept., May 1, 2001) (vacating injunction issued by Commission enjoining Chicago Area Council of Boy Scouts from considering the sexual orientation of applicants. Court did not render decision on whether the BSA could discriminate against a homosexual applicant for non-expressive (i.e., internal and clerical) positions). Ciccotto v. LCOR, Inc., 2001 WL 1606705 (U.S.Dist.Ct., S.D.N.Y., Magistrate Report, Dec. 11, 2001) (recommended dismissal of same-sex hostile environment harassment case, on grounds complaint was too non-specific about nature of harassment). Circuit City Stores v. Adams, 121 S. Ct. 1302, 149 L. Ed.2d 234 (March 21, 2001) (employee's sexual orientation discrimination claim originally filed in state court is subject to arbitration clause in employment contract). City of Cleveland v. Maistros, 2001 WL 1110295 (Ohio Ct. App., 8th Dist., Sept. 13, 2001) (not officially published) (statute imposing a higher penalty for gay solicitation than is imposed under general offense statute that would be applied to comparable heterosexual conduct violates equal protection; no rational basis for imposing greater penalties on gays for the same conduct). City of Columbus v. Spingola, 759 N.E. 2d 473, 144 Ohio App. 3d 76 (Ohio. Ct. App., June 19, 2001) (affirms conviction and rejects necessity defense of anti-gay protester who climbed flagpole of Ohio Statehouse and cut down rainbow flag flying in conjunction with Gay Pride Day in Columbus); subsequent prosecution for flag-burning, charged dismissed, Nov. 28, 2001, Franklin County Environmental Ct., see Columbus Dispatch, Nov. 29.. Clark v. MacDonald (ScottishCourt of Session, June 1, 2001) (highest appellate court in Scotland) (reversed lower court decision and refused to interpret the sex discrimination act as prohibiting the dismissal of a gay man from the Royal Air Force). Coe v. U.S. District Court, 676 F.2d 411 (10th Cir. 1982) (establishing standards for determining when plaintiffs should be allowed to sue anonymously). Cole v. D.J. Quirk, Inc., 2001 Mass. App. Div. 139, 2001 WL 705730 (Mass. Dist. Ct., June 19, 2001) (AIDS-phobia plaintiff must allege actual exposure to HIV to mount a claim for emotional distress without having contracted HIV). Coleman v. Lumbermens Mutual Casualty Co., 2001 WL 285209 (Tenn., March 15, 2001) (not officially published) (Gay man awarded workers compensation for psychological impairment following work-related injury). Commonwealth of Massachusetts v. Boldue (Mass. Dist. Ct., Worcester, Howarth, J., Jan. 10, 2001) (18 month probation imposed on man who made a series of threats and assaults against local lesbian couple). Commonwealth of Massachusetts v. Downes, 2001 WL 792579 (Mass. App. Ct., July 13, 2001) (unpublished disposition) (trial court did not err in refusing to question jurors individually about homophobia, when voir dire questioning exposed the gay elements in the case and jurors were generally asked if they could be fair). Commonwealth of Massachusetts v. Martin 748 N.E. 2d 1056, 51 Mass. App.Ct. 1111 (Mass. App. Ct., May, 31, 2001) (Court of Appeals rules on evidentiary issues in criminal trial relating to AIDS). Commonwealth of Massachusetts v. Ortiz, 433 Mass. 1102, 742 N.E. 2d 81 (Mass., Jan 3, 2001) (High court justice finds absolute protection for HIV confidentiality in case requiring defendant to disclose medical conditions/ infectious disease after defendant's blood made contact with police officers while being forcibly restrained). Commonwealth of Massachusetts v. Pike, 756 N.E. 2d 1157, 52 Mass. App. Ct. 650 (App. Ct. of Mass., Sept. 27, 2001) (rejected appeal of conviction for threatening same-sex couple). Commonwealth of Massachusetts v. Plunkett, 422 Mass. 634 (1996) (upholding voir dire procedure where court asks general questions about homophobia and excuses panel members accordingly). Commonwealth of Pennsylvania v. Hause (Penn. Ct. Common Pleas, Somerset Co., Sept. 14, 2001) (acquitting men accused of beating in-law accused of bisexual activities). Commonwealth of Virginia v. Gay (Roanoke Circuit Court, July 23, 2001) (defendant pled guilty to murdering 4 gay men during a shooting incident in a gay bar). Cooke v. Stefani Management Services, 250 F.3d. 564 (7th Cir., May 14, 2001) (affirms quid pro quo same-sex harassment verdict). Cruchelow, In re, 926 P.2d 833 (Utah 1996) (formal name change is preferable to unofficial name change in order to create a public record). Cruise v. Davis (Calif., Los Angeles County Superior Ct, filed May 2, 2001, settled later in 2001) (Film star Tom Cruise sued publisher who claimed to have photographs of Cruise engaging in gay sex; settled on basis that publisher admitted he had no such photographic proof that Cruise had engaged in gay sex). Crumpley v Garyali (N.Y. Sup. Ct.) (Published in New York Law Journal, June 28, 2001) (Defendant who murdered two gay men and wounded several others in a shooting incident in front of a gay bar in the 1980s is still mentally ill suffering from delusions of harm from homosexuals; denied petition from defendant to remove him from confinement in psychiatric hospital). Crumrine v. Harte-Hanks Television Inc. d/b/a KENS-TV, 37 S. W. 3d 124 (Tex.Ct.App., Jan. 3, 2001) (television station immune from privacy suit for truthful reporting on custody dispute involving gay, HIV+ father). Crutcher v. Crutcher, 38 So. 337 (Miss. 1905) (spouse's homosexual affair qualifies as cruel and inhumane treatment of other spouse). Cruzan v. Minneapolis Public School System, 165 F. Supp. 2d 964, 157 Ed. Law Rep. 736 (U.S.Dist.Ct., D. Minn., Sept. 5, 2001) (school district allowing transgendered teacher to use women's room did not violate other teacher's rights under Title VII to be free from religious discrimination and hostile environment). Custock v. Oakland Police Academy (Cal. App. Dep't Super. Ct. Alameda County) (Reported in San Francisco Chronicle, Feb. 17, 2001) (Jury awards $500,000 to police officer who claims he was discharged from police training program because he is gay and for retaliation for his complaints about anti-gay harassment by fellow police academy recruits). D & Sweden v. Council of Europe, Joined Cases C-122/99P and C-125/99P (European Ct. of Justice, May 31, 2001) (Council of Europe not required to treated registered domestic partner of Council employee from Sweden as spousal equivalent). D'Agastino v. City of Warren, 175 Fed. Supp. 2d 967 (U.S.Dist.Ct., N.D. Ohio, Dec. 11, 2001) (granting defendants' motions for summary judgment on HIV+ plaintiff's claim that he was victim of excessive police force). Dahill v. Police Dept. of Boston, 434 Mass 233, 748 N.E. 2d 956 (Mass. May 25, 2001) (definition of person with disability under Massachusetts Law Against Discrimination). Daubert v. Merrill-Dow Pharmaceuticals, 509 U.S. 579 (1993) (trial judge must make initial determination that proposed scientific expert testimony has a credible scientific basis before admitting it into evidence). Davis v. State of Texas, 2001 WL 951278 (Tex. Ct. App., Houston, Aug. 23, 2001) (not officially published) (rejecting appeal of murder conviction; defendant protests refusal to let police officer testify about sexual orientation of decedent, as well as decedent's alleged practice of picking up hitchhikers for sexal purposes). Debro v. San Leandro Unified School District, 2001 WL 1329605 (U.S.Dist.Ct., N.D. Cal., Oct. 11, 2001) (slip copy) (school superintendent entitled to immunity from personal liability for disciplining teacher who spoke in classroom about controversial school board meeting discussion of teacher's classroom promotion of tolerance for gay people). Decker (Lowd) v. Decker, 2001 WL 1167475 (Ohio Ct. App., 3rd Dist., Sept. 28, 2001) (unpublished opinion) (oral surrogacy agreement between woman, her brother, and brother's same-sex partner was unenforceable as against public policy; mother entitled to custody, even though she signed agreement disclaiming same prior to birth of child). Dellefave v. Access Temporaries, Inc., 2001 WL 25745 (S.D.N.Y., Jan. 10, 2001) (not officially published) (Falsely calling somebody gay would no longer be considered slander per se in New York). DePriest v. Commonwealth of Virginia (Virginia Supreme Court denies review of court of appeals decision finding men arrested in police undercover stings in parks lack standing to mount privacy challenge to sodomy law), denying review of DePriest v. Commonwealth of Virginia, 537 S.E.2d 1 (Va. Ct. App. 2000) (reported in Washington Blade, June 8, 2001). Dept. of Air Force v. Hensala, 148 F. Supp. 2d 988 (N. D. Cal., May 25, 2001) (military doctor disclosed homosexual orientation shortly before being scheduled to begin active duty in order to evade service and must repay government for his medical training). DeSantis v. Pacific Tel. & Tel. Co., 608 F.2d 327 (9th Cir. 1979) (holding that discrimination due to gender non-conformity is not covered as sex discrimination under Title VII [partially overruled by Nichols v. Azteca, see below]). DeSanto v. Barnsley, 476 A.2d 952 (Pa. Super. Ct. 1984) (equitable distribution law not applicable to divide assets of separating same-sex couple, since Pennsylvania does not recognize common law marriage for same-sex couples). De Souza (High Court in Trinidad awards $5,000 in damages to male-to-female transsexual as compensation for a violation of her constitutional rights by local police) Devilla v. Schriver, 245 F.3d 192 (2d Cir., April 3, 2001) (Eighth Amendment privacy claim of HIV+/Transsexual Inmate). Dexter, Matter of, 553 S.E.2d 922 (N.C. Ct. App., Nov. 6, 2001) (transfer of custody of children to father is justified by trial record, even though father is HIV+). D.H. V. H.H., 2001 WL 586966 (Ala. Civ. App., June 1, 2001) (not released for publication yet), rev'd, 2002 WL 227956 (Ala. Supreme Ct., Feb. 15, 2002) (Court of Civil Appeals overturns trial court's decision and changes child custody from physically abusive father to domestically partnered lesbian mother; rev'd on further appeal) DiSalvo v. Bowles, 2001 WL 705782 (N.D.Tex., Dallas Div., June 18, 2001) (not officially published) (Dallas County Sheriff granted summary judgment on claim by HIV+ detainee charging that he was denied access to medicine for his HIV condition while he was held for four months) DJL Restaurant Corp. v. City of New York, 96 N.Y.2d 91, 749 N.E.2d. 186, 725 N.Y.S.2d. 622 (N.Y., March 29, 2001) (establishments subject to regulation under the state's Alcoholic Beverage Control Law are not immune from regulations under the city zoning ordinances). Doe v. Baxter Healthcare Corp., 2001 WL 740112 (S.D. Ohio., March 19, 2001) (not officially published) (Parents of HIV+ boy are time-barred in their claims for damages for medical expenses and loss of consortium against manufacturers of blood clotting medication whose use caused their hemophilic son's HIV-infection). Doe v. Baxter Healthcare Corp., 178 F. Supp. 2d 1003 (S.D.Iowa, Sept. 27, 2001) (granting partial summary judgment for defendant due to failure of one plaintiff to establish which manufacturer sold HIV-tainted product, but found fact issues concerning causation with respect to other plaintiffs). Doe v. Bridgeport Police Dept., 198 F.R.D. 325 (U.S.Dist.Ct., D. Conn., Jan. 18, 2001) (Ordering local police department to stop harassing participants in needle exchange program). Doe v. Brockton School Committee, 2000 WL 33342399 (Mass. App. Ct. , Nov 30, 2000) (unofficially published disposition) (junior high school administration preliminarily enjoined from barring transgendered student from school based on student's refusal to wear gender- appropriate clothing as defined by school). Doe v. City of Belleville, 119 F.3d 563 (7th Cir. 1998), cert. granted, vacated and remanded for reconsideration, 523 U.S. 1001 (1998) (same-sex harassment claim states cause of action, based on alternative theories that harassing conduct was sexual in nature and that harassers perceived victim as gender nonconforming; case settled during remand). Doe v. County of Centre, 242 F.3d 437 (3rd Cir., March 5, 2001) (foster families with HIV+ children may not automatically be prevented from taking uninfected children into their home). Doe v. Cutter Biological, 844 F. Supp. 602 (D. Idaho 1994) (establishing discovery rule for pursuing HIV blood transmission cases). Doe v. Delie, 257 F.3d 309 (3rd Cir. July 19, 2001) (constitutional right of privacy attaches to HIV-related information in prison setting; burden on prison to show need to reveal information for penological purposes; right was not well-established at time of incidents, so qualified immunity requires dismissal of suit). Doe v. Division of Youth and Family Services, 148 F. Supp. 2d 462 (D.N.J., June 25, 2001) (dismissing plaintiff's claims against defendants for violation of the ADA and Rehab Act regarding actions concerning plaintiff's HIV+ status before and during the birth of her daughter). Doe v. Lee, 132 F. Supp. 2d 57 (D. Conn., March 31, 2001) (Finding constitutional fault with state sex offender registration statute) Doe v. Mama Taori's Premium Pizza, 2001 WL 327906 (Tenn. Ct. App., April 5, 2001) (not officially published) (Former employer of teenage boy who consented to homosexual sex with adult co-worker may defend himself on tort liability on the ground that teenager consented and was partly responsible). Doe v. Merck & Co., Inc., 725 N.Y.S.2d 356 (N.Y. App. Div., May 21, 2001) (Appellate Division affirms potential liability of Merck Pharmaceutical Company for intentional destruction of evidence in HIV+ plaintiff's defamation action; jury awarded $1 million compensatory damages against Merck in late September, according to Bergen Record of Sept. 26). Doe v. Oregon Resort (U.S.Dist.Ct., D. Or., May 10, 2001) (ordering ski resort to reinstate a ski- patroller whose wife has AIDS after resort dismissed him for refusing to provide evidence that he was not HIV+). 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. Ventura, 2001 WL 543734 (Minn. App, Hennepin County., May 15, 2001) (not officially published); class action certified by trial judge, giving decision state-wide application, July 2, 2001. (Minnesota Statue criminalizing consensual sodomy unconstitutional as applied to private, consensual, non-commercial acts of sodomy between consenting adults. Statue violates right of privacy granted by State constitution. Ct. subsequently granted motion to certify statewide class action, and state decided not to appeal, rendering sodomy law unenforceable statewide against same-sex couples in private). Doe v. Yunits, 2000 WL 33162199 (Mass. Dist. Ct., Oct. 11, 2000) (unofficially reported) (state's ban on handicap discrimination applies to transgendered junior high school student). Dorworth, In re Marriage of, 33 P.3d 1260 (Colo. App., Aug. 30, 2001) (striking down restrictions on bisexual father's visitation with minor daughter, on ground that trial court did not find father's conduct was endangering child physically or mentally). Dossey v. Becton Dickinson and Company Fisher Scientific Company, LLC, 2001 WL 1636440 (U.S.Dist.Ct., N.D. Tex., Dec. 18, 2001) (slip opinion) (finds sufficient factual dispute to reject summary judgment in plaintiff's products liability action against manufacturers of hypodermic equipment she was using when she suffered needlestick injury at work). Dressler v. McCaughtry, 238 F.3d 908 (7th Cir., Feb. 1, 2001) (defendant's possession of non- violent gay pornography is admissible as proof of his motive to murder a presumed sex partner. Evidence introduced to support prosecution's theory of "homosexual overkill", a term that refers to the type of especially brutal attack to which gay men fall victim). Eaton v. Continental General Insurance Company, 147 F. Supp. 2d 829 (N.D. Ohio, April 26, 2001) (summary judgment awarded to insurance company against insurance applicant who sued because he was not advised that he has tested positive on an HIV test which he was required to take as part of the application for disability insurance). Edwards v. City of Coeur d'Alene, 262 F.3d 856 (9th Cir., Aug. 21, 2001) (finding unconstitutional municipal ordinance forbidding use of signs attached to wooden or plastic handles during parades or public assemblies, on First Amendment grounds). Egale Canada, Inc. v. Attorney General of Canada, No. L002698; Barbeau & Barbeau v. Attorney General of British Columbia, No. L003197 (British Columbia Supreme Court, Vancouver, Canada, Oct. 2, 2001) (opinion rejecting same-sex marriage lawsuit). Eldridge v. Eldridge, 42 S.W.3d 82 (Tenn., May 2, 2001) (granting non-custodial lesbian mother the right to have her partner in the home while children are visiting overnight). Ellenbogen v. Projection Video Services, Inc., 2001 WL 736774 (S.D.N.Y., June 29, 2001) (not officially published) (summary judgment for employer on hostile environment sexual harassment and sex discrimination claim brought by lesbian employee). Enriquez v. West Jersey Health Systems, 777 A.2d 365, 86 Fair Empl. Prac. Cas. (BNA) 197, 11 A.D. Cases 181 (N.J. Super. Ct. App. Div., July 3, 2001) (post-operative transsexual physician who encountered employment discrimination because of transgendered status may proceed in suit under sex discrimination and disability discrimination theories) Equal Employment Opportunity Commission v. Harbert-Yeargin, Inc., 266 F.3d 498 (6th Cir., Sept. 21, 2001) (reversing verdict for EEOC in same-sex harassment case). Equal Employment Opportunity Commission v. News & Observer Publishing Co., 180 F. Supp. 2d 763 (E.D.N.C., Western Div., Aug. 10, 2001) (ex-homosexual employee discharged by newspaper employer had not claim of religious discrimination under Title VII because employer had legitimate, non-discriminatory reason for the discharge). Equal Employment Opportunity Commission v. River Oaks Diagnostic Network, Inc., U.S.Dist.Ct., S.D.Tex., No. H-01-3966, consent decree signed Nov. 26, 2001 (settling same-sex harassment claim involving complaints by female employees about sexual advances from a female supervisor). Equal Employment Opportunity Commission v. Yellow Freight System, Inc., 253 F.3d 943 (7th Cir., en banc, June 12, 2001) (man infected with HIV who was terminated for excessive absenteeism failed to state a claim under the ADA for employment discrimination). Erdmann v. Tranquility, Inc., 155 F. Supp. 2d 1152, 85 Fair Empl. Prac. Cas. (BNA) 52, 80 Empl. Prac. Dec. (CCH) para. 40,544 (N.D. Cal., Jan 24, 2001) (gay employee may pursue claims of religious and sexual orientation discrimination against supervisor). Erickson v. Baxter Healthcare, Inc., 131 F. Supp.2d 995 (N.D. Ill., Feb. 9, 2001) (Evidentiary rulings concerning expert testimony in HIV-HBV transmission case); 151 F.Supp. 2d 952 (N.D. Ill., July 16, 2001) (Daubert rulings on expert testimony; negligence claim elements analysis, in ongoing HIV-transmission case brought by surviving spouse of deceased hemophiliac). Ervin v. LaMarque, 2001 WL 1488612 (U.S.Dist.Ct., N.D.Cal., Nov. 14, 2001) (slip copy) (denial of petition for habeas corpus by murderer of gay man). Esperanza Peace & Justice Center v. City of San Antonio, 2001 WL 685795 (W.D. Tex., May 15, 2001) (not officially published) (City Council elimination of funding for Esperanza Peace and Justice Center was viewpoint discrimination in violation of the First Amendment, as well as violating equal protection rights under the 14th Amendment and the Texas Open Meetings Law). Estate of Amos v. Vanderbilt University, 62 S.W.2d 133 (Tenn. Supreme Ct., Dec. 20, 2001) (medical center owed a duty to warn patient of her potential exposure to HIV so she could take steps to protect third parties; woman infected at hospital subsequently gave birth to child infected with HIV). Estate of Elkerson v. North Jersey Blood Center, 776 A.2d 244, 342 N.J. Super. 219 (N.J. App. Div., July 2, 2001) (Blood bank's performance in screening donated blood to be judged by a reasonable blood bank standard, not a prevailing practices standard). Equal Employment Opportunity Commission v. Federal Express Corporation, 165 F. Supp. 2d 956, 12 A.D. Cases 846 (D.Minn., April 6, 2001) (denying motion to dismiss claim that Federal Express violated ADA by refusing to engage in an interactive search for reasonable accommodation for HIV+ employee who sought to return to work from a disability status leave). Factor VII or IX Concentrate Blood Products Litigation, In re, 2001 U.S. Dist. LEXIS 14287, 2001 WL 1076585 (N.D.Ill., Sept. 13, 2001) (sanctions imposed on plaintiff for false claims of HIV exposure). Faulker v. Cain, 133 F. Supp. 2d 449 (E.D.La., Feb 7, 2001) (writ of habeas corpus granted to convicted murderer of gay man because evidence of the decedent's homosexuality, relevant to affirmative defense, was improperly suppressed at trial). Feathers v. Board of Medicine, -- S.E.2d -- , 2001 WL 1525179 (W. Va. Supreme Ct. App., Nov. 28, 2001) (denied writ of prohibition against discovery of doctor's files which contained HIV- related patient information). Fitzgerald v. Ford Marrin Esposito Witmer & Glesser L.L.P., 153 F. Supp. 2d 1303, 86 F.E.P. Cases 1090 (S.D.N.Y., Feb 22, 2001) (not officially published) (countermanding jury award of $80,000 in compensatory damages to former associate at law firm who claimed sexual harassment and constructive discharges in violation of Title VII.; Plaintiff asserted that she was referred to as 'butch" and a "lesbian" on various occasions). Fitzpatrick v. Winn-Dixie Montgomery, Inc., 153 Fed. Supp. 2d 1303, 89 F.E.P. (BNA) Cases 1090 (U.S.Dist.Ct., M.D. Alabama, Aug. 15, 2001) (No Title VII violation where supervisor directed harassing remarks of a sexual nature at both a man and a woman; "equal opportunity harasser" cannot be guilty of sex discrimination). Flizack v. Good News Home for Women, Inc., 346 N.J. Super. 150, 787 A.2d 228 (N.J. App.Div., Dec. 26, 2001) (same-sex harassment case does not require showing that harasser was seeking sexual gratification). Flores v. Morgan Hill Unified School District, 2001 WL 1035733 (U.S.Ct.App., 9th Cir., Sept. 10, 2001) (not officially published) (remanding for reconsidering district court's decision in suit challenging alleged failure by school officials to protect student from harassment based on perceived sexual orientation). Flowers v. Southern Regional Physicians Service, 247 F.3d 229 (5th Cir., March 30, 2001) (ADA prohibits disability harassment including harassment based on employee's HIV status). Foley v. New York Blood Center, 716 N.Y.S.2d 858 (N.Y.App.Div., 1st Dept., Dec. 7, 2000) (Procedural ruling on time-bars applicable to transfusion AIDS litigation in NY). Fouty, Matter of, 2001 WL 227672 (Ohio. App., 5th Dist., March 7, 2001) (unpublished disposition) (affirming juvenile court's order granting permanent custody of three minor children to child services and granting permanent termination of biological father's parental rights. Biological father is a gay man with a history of substance abuse. Evidence also introduced that father had a previous history of physically abusing his children and exposed his children to homosexual pornography). Frazier v. Palisadian-Post (Cal., Los Angeles Super. Ct., lawsuit settled, Dec. 2000) (Lesbian journalist sued publisher for discriminatory discharge). Furnish v. SVI Systems, Incorporated, 270 F.3d 445, 12 A.D. Cases 620 (U.S.Ct.App., 7th Cir., Oct. 22, 2001) (court finds that cirrhosis caused by chronic hepatitis B does not constitute a disability under ADA, since doctors said plaintiff's liver function was "acceptable"). Gallagher v. University of California Hastings College of the Law, 2001 WL 1006809 (U.S.Dist.Ct., N.D. Cal., Aug. 16, 2001) (not officially reported) (no constitutional viewpoint discrimination where student submitted gay-themed paper for academic prize and no prize was awarded). Gardiner, Matter of the Estate of Marshall G., 22 P.3d 1086 (Kan. App., May 11, 2001) (reversing grant of summary judgment in intestate succession dispute between widowed post- operative male-to female transsexual and her deceased husband's son from prior marriage; lower court had held marriage void because widower was born male, and Kansas refusal to recognize same sex marriages. Held, questions of sex and gender may not be resolved solely by reference to biology and must take into account gender identity; adopted eight factor test in determining an individual's gender). Gay Officers Action League v. Commonwealth of Puerto Rico, 247 F.3d 288 (1st Cir., April 23, 2001) (Upholds award of attorney fees to plaintiffs in action challenging regulation of Commonwealth's police department banning officers from associating with known homosexuals; remand for recalculation of amount). Germain v. State of Maryland, 363 Md. 511, 769 A.2d. 931(Md. Ct. App., April 10, 2001) (trial court did not err in refusing to allow pre-sentencing report that fellow cell-mate was convicted of sexual molestation charges in case where defendant claimed that cell-mate, an HIV+ gay man, was trying to sexually molest him). Gill v. DeFrank, 2001 WL 388057 (2d Cir., April 16, 2001) (unpublished disposition) (Right to privacy of federal prisoner to preserve the confidentiality of his HIV status to non-medical personnel was not sufficiently well-recognized at time of incident to overcome qualified immunity defense). Glover v. United Way of Monmouth County (reported in Bergen Record, Feb 26, 2001) (Former employee of United Way files complaint with N.J Division of Civil Rights claiming employer subjected her to a hostile work environment by requiring her to write checks to the Boy Scouts of America violating the agency's own non-discrimination policy that bars sexual orientation discrimination). Gnerre v. Massachusetts Commission Against Discrimination, 402 Mass. 502, 524 N.E.2d 84 (1988) (in determining hostile environment claim, court is to consider alleged harassing conduct from the perspective of a reasonable person in the plaintiff's position). Goins v West Group, 635 N.W.2d 717, 87 F.E.P. Cases 615 (Minn. Supreme Ct., Nov. 29, 2001), reversing 619 N.W.2d 424 (Minn. Ct. App. 2000) (statute forbidding discrimination based on gender identity does not require employer to accommodate bathroom needs of pre-operative transgendered employee by providing access to restroom situated on same floor as work station). Goodman v. San Jose Police Dept. (Calif., Santa Clara County Super. Ct., Nov. 9) (ordering new trial after jury verdict for lesbian plaintiff in discrimination case; see BNA Daily Labor Report No. 225, Nov. 26, 2001, A-6/7). Goodridge v. Department of Public Health, No. 01-1647-A.(Mass. Super. Ct., Suffolk Co., filed April 11, 2001) (declaratory judgment action seeking access to marriage for same-sex couples under Massachusetts Constitution Declaration of Rights). Grantham v. Vanderyzl, 802 So.2d 1077 (Ala., May 11, 2001) (not released for publication yet) (affirms summary judgment in favor of physician defendant on tort-of-outrage claim when physician spilled blood on nurse-plaintiff's face during an operation). Gray v. Press Communications LLC, 342 N.J. Super 1, 775 A.2d 678 (N.J. Super. Ct. App. Div., July 2, 2001) (false accusation of homosexuality may give rise to a claim of defamation in case where radio talk show host called television personality a "lesbian cowgirl"). Gregory v. PHS Inc., 2001 WL 1182779 (U.S.Dist.Ct., D. Del. Sept. 21, 2001) (not officially published) (No 8th Amendment violation when prison authorities did not authorize HIV test for prisoner who was bit by another prisoner). Griggs v. Duke Power Co., 401 U.S. 424 (197 ) (facially neutral policies that have a disparate impact on the basis of race violate Title VII of the Civil Rights Act of 1964 if the policies are not shown to be necessary for operation of the employer's business). Grimes v. West Group Company, 2001 WL 1507270 (U.S.Ct.App., 9th Cir., Nov. 27, 2001) (unpublished disposition) (plaintiff failed to make out a prima facie case of sexual orientation discrimination). Grobeson v. Los Angeles Police Department (Calif., L.A. County Superior Ct., Sept. 4, 2001) (order in long-running employment discrimination case involving gay police officer, requiring rescission of 1996 suspension as being discriminatorily based). Hagan v. Coca-Cola Bottling Co., 804 So.2d 1234, 26 Fla. L. Weekly S812 (Fla. Supreme Ct., Dec. 13, 2001) (reviving emotional distress suit by women who mistakenly believed their Coke bottle contained a used condom; apparent exception to Florida rule requiring evidence of actual injury as prerequisite for emotional distress claim). Hakim v. Payco-General American Credits, Inc., 272 F.3d 932, 87 F.E.P. Cases 555, 2001 WL 1512916 (U.S.Ct.App., 7th Cir., Nov. 29, 2001) (refusing to let sexual orientation discrimination plaintiff back out of settlement agreement made after court had ruled in his favor). Hammerhead Enterprises, Inc. v. Brezenoff, 707 F.2d 33 (2nd Cir.), cert. denied, 464 U.S. 892 (1983) (City Welfare Director did not violate constitutional rights of game manufacturer when he wrote to stores urging them not to sell game that was degrading to welfare recipients and the welfare system). Handley, In re Name Change of, 107 Ohio Misc. 2d 24 (Probate Ct., 2000) (public has proprietary interest in the name of Santa Claus, so permitting a man to change his name to Santa Claus would be against public policy). Handrahan v. Kaiser Systems, Inc., 2001 WL 1470340 (Mass. Super. Ct., Sept. 13, 2001) (not officially published) (gay plaintiff adequately alleged continuing violation in hostile environment suit against employer). Hanna v. Turner (N.Y. Sup. Ct., N.Y. Co.) (reported in New York Law Journal, July, 3, 2001) , aff'd, 735 N.Y.S.2d 513 (App. Div., 1st Dept., Dec. 27, 2001) (City found in contempt for improper housing of homeless people with HIV, AIDS). Harris, In re Marriage of Karen and Charles Erik, 92 Cal. App. 4th 499, 112 Cal. Rptr. 2d 127 (Cal. Ct. App., 4th Dist., Sept. 24, 2001) (grandparent visitation order violated constitutional rights of mother, although state statute not struck as facially unconstitutional). Harris v. State of Georgia, 274 Ga. 422, 554 S.E.2d 458 (Ga. Supreme Ct., Oct. 22, 2001) (upholding conviction of murderer of gay man). Harris v. State of New York, 187 Misc.2d.512, 723 N.Y.S.2d. 824 (N.Y. Ct. Cl., Jan. 22, 2001) (refusing to grant summary judgment to NY State on claim by hospital patient for AIDS phobia in connection with needle stick injury). Hart, In the Interest of Peter and George, 2001 WL 1773607 (Del. Fam. Ct., Poppiti, J., Sept. 28, 2001) (slip copy) (approving order for adoption of two boys by gay man who is domestic partners of boys' adoptive father). Hedrich v. Board of Regents of University of Wisconsin System, 274 F.3d 1174 (U.S.Ct.App., 7th Cir., Dec. 19, 2001) (denying claim of heterosexual woman professor that she was denied tenure due to her sexual orientation, based on allegation that her close friendship with another male professor was motivating factor in tenure denial). Heinsma v. City of Vancouver, 29 P.3d 709 (Wash. Sup. Ct. en banc, Aug. 23, 2001) (City of Vancouver did not exceed its legislative authority or contradict state employee benefits laws when it enacted domestic partnership benefits plan for non-marital partners of city employees). Henkle v. Gregory, 150 F. Supp. 2d 1067, 155 Ed. Law Rep. 1126 (D.Nev., Feb 28, 2001) (upholding causes of action against school district by high school student subjected to homophobic harassment). Henrietta D. v. Giuliani, 246 F.3d 176 (2d.Cir., Apr. 9, 2001) (upheld trial court's ruling that city violated American with Disabilities Act, and other federal, state, and city laws by failing to provide meaningful access to public assistance programs residents with AIDS or HIV- related illnesses); 2001 WL 1602114 (U.S.Dist.Ct., E.D.N.Y., Dec. 11, 2001) (endorsing report of federal magistrate recommending compliance measures to govern New York City's administration of AIDS benefit programs). Hernaez v. Immigration and Naturalization Service, 244 F.3d 752 (9th Cir., March 27, 2001) (denies HIV+ Philipino asylum claim because he submitted no evidence showing that he would be subjected to systematic discrimination on the basis of sexual orientation and HIV status in the Philippines). Hill v. American Medical Association, 2001 WL 823542 (U.S.Dist.Ct., M.D. N.C., June 12, 2001) (unpublished disposition) (dismissing AMA as defendant in crackpot lawsuit brought by religious fanatic against various defendants claiming a conspiracy to kill the minority population with AIDS medications). Hill Air Force Base, Utah & American Federation of Government Employees, Local 1592, 00-2 ARB (CCH) para. 3642 (Paul D. Staudohar, Arbitrator) (Ordering reinstatement of civil fire fighter at air force base accused of having sex with underage youth in public park). Hoch v. Rissman, 742 So.2d 451 (Fla. Ct. App., 5th Dist., 1999) (defamation suit brought by gay judge against litigators reported settled on undisclosed terms, Law.com, Nov. 30, 2001). Hoffman v. Lincoln Life and Annuity Distributors, 174 F. Supp. 2d 367 (D. Md., April 30, 2001) (summary judgment granted to employer on hostile environment sexual harassment and retaliation claim, in which secretary alleged she was fired in retaliation for refusing to mail pornographic material for gay supervisor). Hollon v.Hollon, 784.So 2d. 983 (Miss., May 3, 2001) (lower court erred in custody dispute by giving undue consideration to mother's alleged affair with another women as evidence of moral unfitness and awarding custody to father). Holman v. Indiana, 211 F.3d 399 (7th Cir. 2000) (employer not liable for sexual harassment under Title VII for actions of an "equal opportunity" harasser who harasses both male and female employees, since harassment is not targeted based on the sex of the victim). Holmes v. California National Guard, 109 Cal. Rptr. 2d 154 (Cal. Ct. App.,1st Dist, Div. 2, June 29, 2001) (federal law preempts a challenge of the military's "don't ask, don't tell" policy as applied in the California National Guard in determining whether an openly-gay person can continue to serve in the Guard positions that require acceptability in the federal program; but, it would violate California constitution and statutes for the California National Guard to apply "don't ask, don't tell" policy to positions where federal recognition or approval is not required). Hornbostel v. State of Indiana, 757 N.E.2d 170 (Ind. Ct. App., Oct. 19, 2001) (rejection of gay panic defense in murder case). Housing Works, Inc. v. Giuliani, 179 F. Supp. 2d 177 (U.S.Dist.Ct., S.D.N.Y., Nov. 30, 2001) (rejecting motion to dismiss main portions of suit alleging city officials improperly retaliated against AIDS service organization because of its political advocacy against administration AIDS policies). Howard v. Missouri State Board of Education, 913 S.W.2d 887 (Mo. Ct. App. 1995) (unpublished - table listing) (definition of immoral conduct for purposes of teacher licensing). Hudson v. Goldman Sachs & Co., Inc., 725 N.Y.S. 2d. 318 (N.Y. App. 1st Dept., May 15, 2001) (rejects male employee's claim for discrimination based on sex, marital status, or sexual orientation, when he alleged that termination from his job due to romantic relationship with female co-worker claim would not have occurred had it been a homosexual relationship). Hudson View Properties v. Weiss, 59 N.Y.2d 733, 450 N.E.2d 234, 463 N.Y.S.2d 428 (1983) (lease provision restricting opposite to named tenant's legal family members to exclusion of her boyfriend does not violate marital status provisions of state human rights law). Humphrey v. Appellate Division of Superior Court, 111 Cal. Rptr. 2d 213, 1 Cal. Daily Op. Serv. 7359 (Cal. App., 2nd Dist., Aug. 22, 2001) (affidavit by mother of alleged minor sexual abuse victims was insufficient basis to order HIV test of defendant, since statute requires probable cause to believe that victims were exposed to blood or semen of defendant, and mother's affidavit was given "on information and belief" and not based on personal knowledge). Hurley v. Irish-American Gay, Lesbian and Bisexual Group of America, 515 U.S.557 (1995) (private organization that operates Boston St. Patrick's Day Parade has First Amendment free speech right to exclude from participation any group whose message the parade organizers do not want to promote through their parade). Hyman v. City of Louisville, 132 F. Supp. 2d.528 (W.D. Ky., March 21, 2001) (rejects constitutional challenges to gay rights ordinances forbidding discrimination on the basis of sexual orientation or gender identity in employment, housing, and public accommodation). Ianetta v. Putnam Investments, Inc., 142 F. Supp 2d. 131 (D. Mass.. Feb 20, 2001) (gay man alleging discrimination on the basis of sex premised on failure to conform to gender stereotypes may proceed in discrimination claim; even though sexual orientation discrimination is not actionable under Title VII, there was support for the proposition that discrimination based on gender non-conformity could support a sex discrimination claim under Title VII) (note: summary judgment subsequently granted to employer on Title VII claims, and supplemental state sexual orientation claim dismissed, see 2002 WL 226752 (Jan. 29, 2002).) Ihekwu v. City of Durham, 129 F.Supp. 2d. 870 (M.D.N.C., Dec. 27, 2000) (HIV+ plaintiff loses employment discrimination claim) Irizarry v. Board of Education of City of Chicago, 251 F.3d 604 ( 7th Cir., May 15, 2001) (Affirms the right of Board of Education to provide health care benefits to its employees' same- sex domestic partners, to the exclusion of its employees' opposite-sex domestic partners). Jackson v. State of Texas, 2001 WL 1136311 (Tex. Ct. App., Houston, 1st Dist., Sept. 27, 2001) (no publication) (rejected HIV+ convict's argument that his HIV-status should obviate the need for him to make restitution for crime). Jacob, In re, 2001 WL 1231673 (Conn. Super. Ct., Sept. 21, 2001) (not reported in A.2d) (approves termination of parental rights for child now in custody of lesbian couple desiring to adopt him). Jappell v. American Association of Blood Banks, 162 F.Supp. 2d 476 (E.D. Va., Sept. 10, 2001) (refusing to dismiss action claiming industry association was negligent in establishing standards to protect the blood supply from HIV during the early 1980s). Jeffrey H. v. Imai, Tadlock & Keeney, 85 Cal. App. 4th 345, 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). Jenkins v. Jenkins, 2001 WL 507221 (Tex.App., March 15, 2001) (designated no publication) (Affirmed dismissal of claims of intentional infliction of emotional distress, breach of fiduciary duty and fraud brought by wife during divorce proceedings; overruled decision to grant gay father visitation rights greater than awarded by jury). Jette v. Honey Farms Mini Market, 95 SEM 0421 (Mass. Comm. Against Discrim., Oct. 10, 2001) (finding law against sex discrimination extends to gender identity cases). Jones v. Delo, 258 F.3d 893 (8th Cir., July 31, 2001) (denying petition for habeas corpus by murderer of gay man who relied on "gay panic" defense). Jones v. Methodist Healthcare, 2001 WL 1194637, Prod. Liab. Rep. Para. 16,193 (Tenn. Ct. App., Oct. 8, 2001) (not officially published) (statute of limitation bars suit concerning HIV transmission under products liability tort reform law). Jones v. Moore, 794 So.2d 579 (Fla. Supreme Ct., July 5, 2001, rehearing denied, Sept. 5, 2001) (upholding conviction of murderer of gay man). Jones v. Pacific Rail Services, 2001 WL 127645, 85 Fair Empl. Prac. Cas. (BNA) 90, 79 Empl. Prac. Dec. (CCH) para. 40,407 (N.D.Ill., Feb 14, 2001) (Title VII claim premised on sexual stereotyping claim by male employee against male co-worker survives dismissal attempt), summary judgment granted for employer, 2001 WL 1223533 (Oct. 12, 2001) (not officially published). Jones v. Rehabilitation Hospital of Indiana, 2000 WL 1911884 (S.D. Indiana, Nov. 29, 2000) (not officially published) (HIV-infection and AIDS qualify as per se disabilities under the ADA); 2001 WL 849503 (S.D. Ind., May 31, 2001) (when relevant decisionmaker was not informed that plaintiff was HIV+, plaintiff could not make out a prima facie case of HIV-related discrimination under the ADA). Kavy v. New Britain Board of Education, 2001 WL 688622 (Conn. Super. Ct., May 21, 2001) (not officially published) (Superior Court published ruling on objections to deposition in case involving allegations of sexual orientation discrimination) Kelly v. Our Lady of Mercy Medical Center, 719 N.Y.S.2d 50 (N.Y. App. Div. 1st Dept., April 24, 2001) (affirms actual exposure rule for AIDS phobia case). Kings Cross Chamber of Commerce and Tourism Inc. v. The Uniting Church of Australia Property Trust, 2001 NSWSC 245 (Supreme Court of New South Wales, Australia) (dismissed challenge to a license granted by government to a church to operate a medically supervised injecting room for heroin users). 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). Knafo v. Ching, NYLJ, 12/6/00, p. 28, c.2 (NYC Civ Ct, N.Y. Co.) (Disability of tenant's domestic partner qualifies under regulation forbidding eviction of tenant whose spouse is disabled when reason for eviction is landlord's claim for use of apartment for family member). Knight v. Connecticut Department of Public Health, 275 F. 3d 156, 87 F.E.P. Cases 728 (U.S.Ct.App., 2nd Cir., Dec. 12, 2001) (upholding discipline for public employees who behaved inappropriately by injecting religion into their dealings with clients, including same-sex couple receiving AIDS services). Knights of the Ku Klux Klan v. East Baton Rouge Parish School Board, 578 F.2d 1122 (5th Cir. 1978) (public school board could not exclude the Ku Klux Klan from meeting at school while allowing other groups to meet there since school had created a public forum in which it allowed private organizations to meet). Equal Employment Opportunity Commission v. Quality Foods IGA (U.S.Dist.Ct., D. Wis., suit filed Sept. 20, 2001) (alleging discrimination in employment against Korrin Krause, a teenage grocer bagger, discharged when company learned she was HIV+). Kripp v. Kripp, 784 A.2d 158 (Pa. Super. Ct., Sept. 14, 2001) (ex-wife's cohabitation with same- sex roommate did not violate restrictions on her eligibility for alimony, which would terminate were she to cohabitate with a man). Kutteles v. U.S. Army (U.S. Army, Office of the General Counsel) (published in the Tennessean, May 22, 2001) (rejects plaintiff's claim against U.S. Army for the death of her son in gay- bashing by anti-gay soldiers while sleeping in barracks) . Lack v. Wal-Mart Stores, Incorporated, 240 F.3d 255 (4th Cir., Feb. 13, 2001) (Same-sex harassment jury verdict overturned on ground that supervisor's harassing comments were not based upon male employee's sex). Landrigan v. Stewart, 272 F.3d 1221 (U.S.Ct.App., 9th Cir., Nov. 28, 2001) (denial of habeas corpus to murderer of gay man who alleged ineffective assistance of counsel). Lane v. Collins & Aikman Floorcoverings, Inc., 2001 WL 1338918, 87 F.E.P. Cases 449 (U.S.Dist.Ct., S.D.N.Y., Oct. 31, 2001) (rejecting summary judgment for employer in sexual orientation discrimination case brought under N.Y.C. ordinance; diversity litigation). Langman v. Langman, 757 N.E.2d 505 (Ill. App. Ct., July 6, 2001) (Reverses order by County Circuit Court giving paternal grandparents a right of monthly unsupervised visitation with their 3-year old grandson because daughter-in-law objected to infant's possible exposure to gay uncle and the uncle's partner). Lawrence v. State of Texas, 41 S.W.3d 349 (Tex. Ct. App., 14th Dist, March 15, 2001) (same-sex prohibition on consensual sodomy does not violate state constitutional right of privacy or equal protection). Lawson v. Skyline Healthcare Center, 2001 WL 1190581 (Cal. Ct. App., 2nd Dist., Oct. 3, 2001) (not officially published) (upholding defendant's share of liability for burning injury of AIDS patient who set himself on fire while residing in Center). Layne v. Layne, 2001 WL 1359784 (Ohio Ct. App., 12th Dist., Nov. 5, 2001) (not officially published) (minor son's discomfort with mother's lesbian is suitable factor to consider in awarding custody to father). L C & S v. Warren County Area Plan Commission, 244 F.3d 601 (7th Cir., March 28, 2001) (Town of Williamsport, Indiana, did not violate due process rights of bar owners who obtained liquor license with intention of opening up a restaurant in the town and whose plans were circumvented by local zoning change when rumors spread that establishment would be a gay or topless bar). Lepore & LaMar v. Twilo (reported in New York Post, March 22, 2001)(Transgendered go-go dancers who were discharged after club management decided to use biological girls as dancers in the club filed a discrimination complaint based on gender). Lesley v. Chie, 250 F.3d. 47 (1st Cir., May 22, 2001) (obstetrician did not violate Section 504 of Rehabilitation Act or Massachusetts Law against Discrimination when referring an HIV+ pregnant patient to another facility based on unfamiliarity with administration of AZT with pregnant women to prevent HIV transmission to their babies, when the affiliated hospital might not have AZT protocol in place in time for delivery of the patient's child). Levin v. Yeshiva University, 96 N.Y.2d 484, 730 N.Y.S.2d 15, 754 N.E.2d 1099 (N.Y. Ct. App., July 2, 2001) (lesbian medical students denied access to university housing with their same-sex partners could assert disparate impact discrimination claim under city ordinance that bans sexual orientation discrimination in housing and places of public accommodation; marital status discrimination claim rejected because unmarried opposite-sex couples were also excluded from housing). Lewis v. Daily Telegraph, [1964] A.C. 234 (U.K.) (grounds for finding defamatory imputations in news reports). Linnemeir v. Board of Trustees of Purdue University, 260 F.3d 757, 156 Ed. Law Rep. 428 (7th Cir., Aug. 7, 2001) (Court refuses emergency injunction against performance of Corpus Christi in state university theater, rejecting argument that protesting citizens have a First Amendment claim against production of a play that disparages orthodox Christian doctrine by depicting Christ and disciples as homosexuals; refusal premised on academic freedom), affirming on other grounds 155 F. Supp. 2d 1034 (N.D. Indiana, July 20, 2001). Little Sisters Book and Art Emporium v. Canada (Minister of Justice) (Canada Sup. Ct., Dec. 15, 2000) (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), cert. denied, 531 U.S. 872 (2000) (dismissing wrongful death action brought by MTF transgendered widow, on grounds that birth gender is determinative of status for purposes of determining validity of marriage). Lofton v. Kearney, 157 F.Supp.2d 1372 (U.S.Dist.Ct., S.D.Fla. Aug. 30, 2001) (rejects due process and equal protection challenges to Florida's statute disqualifying anybody who is "a homosexual" from adopting a child). London v. Day (Fla. Cir. Miami-Dade County) (published in the Washington Blade, May 18, 2001) (awarding $570,702 damages to openly-gay flight attendant who was physically assaulted and called "queer" and "fag" by airline passenger). Loren v. Levy, 2001 WL 921173 (U.S.Dist.Ct., S.D.N.Y., Aug. 14, 2001) (not officially published) (sovereign immunity bars ADA claims against school system for HIV+ teacher trainee's dismissal from program the day he asked about board of education's HIV policies; retaliation claims based on his prior whistleblower activities could continue, however, as against administrators of program, where the relief sought was injunctive relief only). Louisiana Electorate of Gays and Lesbians, Inc. v. State of Louisiana, 2001 WL 1549017 (La. Ct. App., Nov. 14, 2001) (unpublished disposition) (holding court has jurisdiction of state's appeal in case challenging constitutionality of crime against nature statute). Mack v. State of Mississippi, 784 So.2d 976 (Miss. Ct. App., April 24, 2001) (HIV+ man sentenced to 18 years in prison after pleading guilty to burglary of a residence loses appeal since defendant did not raise issue of his HIV status before trial court and could not raise it on appeal). Madrid v. Amazing Pictures, 2001 WL 837922 (U.S.Dist.Ct., D. Minn., July 23, 2001) (not officially published) (gay male supervisors comments about his sexual preference for men does not constitute a hostile environment for heterosexual women in the workplace). Maffei v. Kolaeton industries, Inc., 626 N.Y.S. 2d 391 (Sup.Ct., N.Y. Co. 1995) (transsexual discrimination claim actionable where state law prohibited sex discrimination and city ordinance prohibits discrimination based on gender and sexual orientation). Mahon v. Arteeco Metalcraft Ltd. (United Kingdom, Labor Tribunal) (reported in Daily Telegraph, April 19, 2001) (awarding damages of 8,564 pounds to lesbian for unlawful discrimination based on her sexual orientation). Maloney, In the Matter of Richard Clark, 2001 WL 908535 (Ohio Ct. App., 12th Dist., Aug. 13, 2001) (not officially published) (rejecting petition for name-change from Richard to Susan by transgendered person who had been diagnosed with gender dysphoria but had not yet scheduled surgery; petitioner sought to fulfill requirement of living as a woman for a year, and desired name change to assist in this process; appellate court found trial court did not abuse its discretion when it found it inappropriate to give judicial imprimatur for a name change in these circumstances; strong dissent filed). Mandell v. Crimmins, 2001 N.Y. Slip Op. 40103, 2001 WL 968362 (N.Y. City Civ. Ct., Housing Part, Hoffman, J., July 6, 2001) (not officially published) (Disability of tenant's gay life partner provides basis for defending against landlord's attempt to reclaim rent regulated apartment for use of landlord's family member). Manning v. Nassau County (E.D.N.Y., Jan. 5, 2001) (in damage phase after July 2000 sexual orientation discrimination jury verdict, court substantially reduces damages awarded by jury). Mantooth v. American National Red Cross (Ga. Super. Ct.) (Reported in National Law Journal, April 19, 2001) (Red Cross granted summary judgment in AIDS phobia case), appellate decision affirming reported: Mantooth v. American National Red Cross, 2002 WL 181271 (Ga.App., Feb. 6, 2002). Marczeski v. Law, 122 F. Supp. 2d 315 (D. Conn., Nov. 20, 2000) (sustaining tort claims concerning Internet defamation in lesbian chat room). Marley v. Ibelli, 2001 WL 1346010 (U.S.Dist.Ct., S.D.N.Y., Oct. 31, 2001) (not officially published) (dismissing tort claims against co-employees by gay employee of Smithsonian Museum). Marshall v. Marshall, 196 Cal. 761 (1925) (stepparent adoption does not terminate parental rights of natural mother). Marsden v. Amalgamated Television Services PTY Ltd., No. 20223 of 1995, No. 20592 of 1996 (New South Wales Supreme Ct., June 27, 2001) (television station defamed politician by falsely stating that he had sexual relations with underage boys). Martin v. State of Arkansas, 57 S.W.3d 136 (Ark. Supreme Ct., Oct. 11, 2001) (upholding conviction of man who murdered another because he was upset at having contracted HIV from the victim). Martin v. City of Gainesville, 800 So.2d 687 (Fla. Dist. Ct. App., 1st Dist., Nov. 30, 2001) (individual taxpayer lacks standing to bring legal challenge against city's domestic partnership benefits ordinance). Martin v. Town of Wilmington, 2001 Mass. Super. LEXIS 277 (Mass. Super. Ct., May 23, 2001) (Mass. Statute confers immunity on school district and town against claim that failure to act appropriately in response to student complaints about harassment led to situation where subsequent harassment was so bad that student had to transfer to a private school). Mathias B., In re, 2001 WL 1217334 (Cal. Ct. App., 2nd Dist., Oct. 11, 2001) (not officially published) (grandparent custody affirmed in case where drug-addicted parents were HIV+). McCormack v. County of Westchester, 731 N.Y.S.2d 58 (N.Y.App. Div., 2nd Dept., Oct. 1, 2001) (county's mistaken use of photograph of prematurely-born infant to illustrate brochure about HIV infection was not actionably defamatory). McLendon, Ex parte, 455 So.2d 863(Ala. 1983) (non-custodial parent seeking to modify a custody order must make showing that circumstances have changed so that change of custody is required, the change will materially promote the child's best interest and offset harm caused by uprooting child). Millan, Matter of Bernard, 189 Misc. 2d 419, 730 N.Y.S.2d 392 (N.Y. Sup. Ct., N.Y. County, May 31, 2001) (man convicted under federal statue for ordering pornography advertised as depicting children from ages 14 down is required to register under New York's Sex Offender Registration Act, disagreeing with prior trial court ruling in Matter of Nadel that because the federal statue criminalized some conduct that was not covered by the state statue, a conviction under the federal statue would not suffice to impose such a registration requirement). Matthews v. Penn-America Insurance Co., 25 P.3d 451 (Wash. Ct. App., June 15, 2001) (traditional definition of "family" -- based on blood or legal ties -- should be employed in case involving insurance company's refusal to cover lesbian's adult son's injuries, since insurance was under her domestic partner's name) . McCavitt v. Swiss Reinsurance America Corporation, 237 F.3d. 166 (2nd Cir., Jan 8, 2001) (male employee fired for engaging in a romantic relationship with female co-worker may not seek relief under New York law barring termination based on an employee's recreational activities outside the office). McKelvey v. Pierce, 342 N.J. Super. 399, 776 A.2d 903 (N.J. Super. Ct. App. Div., July 5, 2001) (church did not breach its contractual obligations to priest-candidate who quit program in order to escape homosexual overtures from other students and teachers). Mears v. Colvin, 768 A.2d 1264 (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) Melnychenko v. 84 Lumber Co., 676 N.E.2d 45 (Mass. 1997) (state law definition of sexual harassment includes same-sex harassment claims). Millett v. Luttco, Inc., 98 BRM 3695 (Mass. Comm. Against Discrim., Oct. 10, 2001) (finding state law banning sex discrimination applies to discrimination based on gender identity). Minieri v. Knittel, 188 Misc. 2d 298, 727 N.Y.S. 2d 872 (N.Y. Sup. Ct., June 1, 2001) (constructive trust may be used to help resolve property dispute between members of a separated lesbian couple). Mitchell v. Helms, 530 U.S. 793, 120 S. Ct. 2530 (2000) (rejecting constitutional challenge to federal statute that authorizes financial assistance to local government educational entities to purchase equipment that can be loaned on a non-discriminatory basis for use by public and private [including religious] schools). M.J. & N.J., In re Parentage of,; Mitchell v. Banary, 325 Ill. App. 3d 826, 759 N.E. 2d 121, 259 Ill. Dec. 641, 28 Fam. L. Rep. (BNA) 1027 (Ill. App. Ct., 2001), rehearing denied, Nov. 29, 2001 (man who encouraged and funded his girlfriend's insemination by anonymous donor bore no liability for supporting of resulting children). Mock v. Allen, 783 So.2d. 828 (Ala., Nov 17, 2000) (Affirms lower court's holding that evidence of homosexual preference was not admissible in case where patient alleges sexual assault against physician) Mojica v. State of Texas, 2001 WL 840559 (Tex. Ct. App., San Antonio, July 25, 2001) (unpublished disposition) (reversing indecent exposure conviction because trial judge allowed jury to hear testimony about past conviction on similar offense). Moore v. Cooksey, 2000 WL 1838274 (10th Cir., Dec. 14, 2000) (unpublished disposition) (Rejecting challenge by HIV+ inmate to his cell assignment). Morris v. Morris, 783 So.2d 681 (Miss., April 1, 2001) (rejects appeal by lesbian mother of order awarding custody of children to ex-husband and refusing to allow visitation unless agreed third party was present; decision influenced in part by lesbian mother's homosexual lifestyle). Mozzochi v. Hallas, 2001 WL 293258 (Conn. Super. Ct., March 13, 2001) (not officially published) (plaintiff, a public figure, could not collect for defamation and intentional infliction of emotional distress for being called a "pansy" in public). Mofield v. Bell, 248 F.3d 1150 (U.S. Ct App., 6th Cir, Feb 6, 2001) (rejects prisoner claim that civil rights were denied when he was transferred to a different location in retaliation for the medical care he received for his HIV infection). Mota v. University of Texas Houston Health Science Center, 261 F.3d 512, 86 F.E.P. Cases 1140 (5th Cir., Aug. 9, 2001) (affirms quid pro quo same-sex harassment verdict under Title VII). M.T. v. J.T., 140 N.J. Super. 77 (App. Div.), cert. denied, 71 N.J. 345 (1976) ("sex" as used in state law includes concept of "gender"). Mueller v. Commissioner of Internal Revenue, 87 A.F.T.R.2d 2001-2052, 2001-1 USTC para. 50,391, 2001 WL 522388 (7th Cir., April 6, 2001) (designated as not for publication by 7th Circuit; above citations are unofficial) (denies gay man and domestic partner equivalent tax filing status to marital partners). Mueller v. Commissioner of Internal Revenue, T.C. Memo 2001-274, 2001 WL 1195744 (Tax Ct., Oct. 10, 2001) (another round in the above-noted dispute over filing status of gay man and domestic partner). Muzen v. Keller, 2001 WL 1295121 (U.S.Ct.App., 9th Cir., Oct. 15, 2001) (unpublished disposition) (8th Amendment rights of prisoners not violated when prison allowed HIV+ prisoner to pour water for himself from commonly-used pitcher). Muzzy v. Cahillane Motors, Inc., 434 Mass 409, 749 N.E.2d 691 (Mass., June 27, 2001) (approves an "objectively reasonable woman of lesbian orientation" standard in same-sex hostile environment sexual harassment jury instructions). Nadel, In re, 724 N.Y.S. 2d 262 (N.Y. Sup. Ct., Feb 22, 2001) (Federal sex offender escapes state registration under N.Y. Law since federal statute did not require proof of all elements necessary for conviction under state law that would trigger registration requirement). Neill v. Gibson, 263 F.3d 1184 (U.S.Ct.App., 10th Cir., Aug. 27, 2001), revised opinion upon rehearing, 2001 WL 1584819 (Dec. 7, 2001) (rejecting habeas petition in capitol murder case where prosecutor urged jury to sentence defendant to death because he was gay; majority found issue waived since not asserted in state court appeals process; outraged dissent) Nichols v. Azteca Restaurant Enterprises, Inc., 256 F. 3d 864, 86 Fair Empl. Prac. Cas. (BNA) 336 (9th Cir., July 16) (homophobic harassment inspired by the victim's perceived gender non- conformity is actionable sex discrimination under Title VII; frequently name-calling and other verbal harassment is sufficiently severe and pervasive to affect employment conditions adversely, and employer's ineffective response subjects it to liability for harassment by plaintiff's co- workers) Nolfo v. Evco National, Inc., NYLJ, 7/30/01, p. 36, col. 3 (U.S. Dist. Ct., S.D.N.Y.) (Exhaustion of remedies under union contract not required prior to institution of same-sex harassment case under Title VII). Okokuro v. Commonwealth of Pennsylvania, 2001 WL 185547 (E.D. Pa., Feb 26, 2001) (not officially published) (rejects Title VII claim of same-sex harassment where plaintiff never made gender-nonconformity argument in proceedings before EEOC). Okwedy v. Molinari, 150 F. Supp. 2d 508 (E.D.N.Y., July 18, 2001) (Borough President did not violate constitutional rights of anti-gay minister by writing protest letter to billboard company that displayed minister's anti-gay message in billboards located in gay neighborhoods). Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75 (1998) (Sustaining viability of same- sex harassment claim under Title VII, where victim was selected due to se, but noting that Title VII does not enact a civility code for the workplace) Paquet v. Pace, 156 F. Supp. 2d 761, 86 F.E.P. Cases 1649 (N.D Ill., March 30, 2001) (rejects sexual orientation discrimination claim by self-identified gay man against Transit Authority). Pardo v. General Hospital Corporation, 2001 WL 1772030 (Mass. Super. Ct., Nov. 6, 2001) (slip opinion) (grants motion for summary judgment on disability claim, but rejects summary judgment on sexual orientation and tort claims against medical school employer alleged to have denied promotion due to sexual orientation of doctor). Passante v. R.Y. Management Co., Inc., 2001 WL 123858, 20 NDLR para. 52 (not officially published) (S.D.N.Y., Feb 13, 2001) (rejects housing discrimination claim against real estate company by gay man with mental disability). Payton v. Abbott Labs, 386 Mass. 540 (1982) (actual physical harm must be suffered by plaintiff in order to pursue emotional distress claim). Pearce v. Governing Body of Mayfield Secondary School, [2001] I.R.L.R. 669, 2001 WL 825287 (Ct. App. England & Wales, July 31, 2001) (ruling Human Rights Act 1998, which forbids sex discrimination, does not extend to sexual orientation discrimination). Pedraza v. Holiday Housewares, Inc., 203 F.R.D. 40 (D. Mass., Sept. 20, 2001) (plaintiff's attempt to avoid removal of sexual orientation discrimination claim to federal court by dismissing federal claims fails). Pedreira v. Kentucky Baptist Home, -- F. Supp. 2d -- , 86 Fair Empl. Prac. Cas. 417, 2001 WL 1775350 (U.S.Dist.Ct., Ky., July 23, 2001) (not officially published) (Religiously-affiliated social services agency that received substantial state and federal money did not violate laws barring religious discrimination when it discharged lesbian employee out of religiously- motivated anti-gay bias, but continued receipt of government money may violate Establishment Clause). Pellicone v. Beverly Hills School Board (reported in Los Angeles Times, April 13, court in which case was pending not specified in news report) (Gay man formerly employed as superintendent of schools settles anti-gay discrimination with school board). Pennington, In re Marriage of, 142 Wn. 2d 592, 14 P.3d 764 (Wash. Supreme Ct. 2000) (rejecting common law marriage in Washington state). People of California v. Barton (San Diego, CA, Superior Ct., Mills, J., Jan. 9, 2001) (Finding evidence sufficient to order trial on gay-bashing charges). People of California v. Brock, 2001 WL 1260839 (Cal. Ct. App., 5th Dist., Oct. 19, 2001) (not officially published) (statute authorizing compelled HIV testing should be strictly construed so as not to apply to crimes not enumerated in statute). People of California v. Durant, 2001 WL 1452462 (Cal. Ct. App., 4th Dist., Nov. 15, 2001) (not officially published) (upholding conviction in anti-gay hate crime). People of California v. Petrelis & Pasquarelli (San Francisco Super. Ct., Nov. 12) (TRO issued against two AIDS activists accused of harassing and stalking activity against government officials and journalists with whose statements and positions concerning HIV occurrence among gay men in San Francisco the activists disagree). People of City of Belleville v. Family Video Movie Club, Inc., 318 Ill. App. 3d 991, 744 N.E.2d 322 (Jan. 31, 2001) (Trial court should have admitted results of survey as evidence of community values in determining whether seized videos depicting gay sex were obscene). People of Illinois v. Nitz , 319 Ill. App.3d 949, 747 N.E. 2d 38 (Ill. Ct App., 3d Dist., filed March 28, 2001) (trial court acted beyond its constitutional authority in brutality-enhancement of murderous gay-basher's prison sentence because judge, not the jury, had found the defendant's behavior "exceptionally brutal and heinous"). People of Michigan v. Bono, 2001 WL 732067 (Mich. Ct. App., June 12, 2001) (unpublished opinion) (affirms dismissal of charges of "gross indecency between males" brought against two men engaging in mutual-masturbation in a department store restroom). People of Michigan v. Knapp, 624 N.W.2d 227 (Mich. Ct., App., Jan 23, 2001) (Affirmed conviction of second degree criminal sexual conduct for engaging in sexual intercourse with a minor). People of Michigan v. Strader, 2001 WL 1256113 (Mich. Ct. App., Oct. 19, 2001) (unpublished opinion) (prosecution witness's belief that defendant was gay was not basis for setting aside murder conviction). People of Michigan v. Summerville, 2001 WL 1198932 (Mich. Ct. App., per curiam, Oct. 9, 2001) (not officially published) (upheld first degree murder conviction of man who killed victim he believed had infected him with HIV). People of New York v. Amadeo, 2001 N.Y. Slip Op. 40190, 2001 WL 1359091 (N.Y.Sup.Ct., Queens Co., Aug. 2001) (not officially published) (Rejecting state constitutional challenge to N.Y. Hate Crimes Law, which enhances penalty for violent acts directed against a victim selected because of an enumerated characteristic, in this case national origin; statute was not unduly vague and did not violate free speech rights of defendant, whose motivation was to be proven by derogatory remarks he made about the victim's nationality at the time of the assault and subsequent arrest). People of New York v. Anonymous, 721 N.Y.S.2d 437 (Sup. Ct., N.Y. Co., Sept. 28, 2000) (Finding treatment for HIV+ prisoners in New York state prison system was adequate to avoid 8th Amendment liability). People of New York v. Diaz, 727 N.Y.S.2d 298 (N.Y. Sup. Ct., June 15, 2001) (rejects defendant's due process challenge to N.Y. Hate Crimes Act in case involving physical assault on gay man). People of New York v. Felix-Torres, 721 N.Y.S. 2d 415 (N.Y. Sup. Ct. 3rd Dept., March 1, 2001) (asking HIV+ defendant about his life threatening disease during cross-examination was harmless error, but remits conviction on other grounds). People of New York v. Fraser, 96 N.Y.2d 318, 2001 N.Y. Slip Op. 01474 (N.Y. Ct. App., Feb. 20, 2001) (affirming conviction of social worker for possession of child porn rejects defense that material was used for "scientific research" in developing treatment plan for sex offenders). People of New York v. Gallicchio, 189 Misc. 2d 182, 730 N.Y.S. 2d 671 (Westchester County Ct., Sept. 2001) (State law against sexually explicit communications via computer to minors applies to text as well as visual imagery). People of Wisconsin v. Byczek (Wis. Ct. App) (Reported in Wisconsin State Journal, Feb 25, 2001) (Man accused of yelling derogatory remarks at his lesbian neighbor and writing anti- lesbian graffiti on his truck sentenced to one year probation for disorderly conduct) . Phillips v. Collings, 256 F.3d 843, 86 Fair Empl. Prac. Cases (BNA) 411 (8th Cir., July 19, 2001) (Social worker supervisor violated civil rights of social worker who had expressed religiously- based opposition to licensing gays to be foster parents, when she recommended his termination for allowing his religious beliefs to interfere with his work; court holds employer's duty reasonably to accommodate religious beliefs of employees prevails under 42 U.S.C. 1983 claim, and rejects qualified immunity defense for supervisor, upholding jury award of damages). Phillips v. Restaurant Management of Carolina LP, 552 S.E.2d 686 (N.C. Ct. App., Sept. 18, 2001) (rejecting tort claims by state trooper who alleged that employee had spitted into the food he ingested at the restaurant). Picado v. Jegley (Arkansas, Pulaski County Superior Ct., March 23, 2001) (same-sex sodomy statute violates state constitution on privacy and equal protection grounds) (on remand from Bryant v. Picado, 338 Ask. 227, 996 S.W.2d 17 (1999)). Pitchard v. Madison Metropolitan School District, 242 Wis.2d 301, 625 N.W. 2d 613 (Wis Ct. App.4th Dist., Feb 8, 2001) (local school districts have statutory authority to pay for health insurance coverage for their employees' unmarried domestic partners). Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations, 413 U.S. 376 (1973) (a provision of Title VII forbidding sex discrimination in job advertising was not an unconstitutional abridgement of free speech.) Pizza Hut v. New York State Human Rights Board, 51 N.Y.2d 506, 415 N.E.2d 950, 434 N.Y.S.2d 961 (1980) (corporate anti-nepotism policy does not violate marital status provisions of state human rights law). Plymouth-Canton Community Schools and Plymouth Canton Education Association, Grievance No. 99/00-02 (Glendon, Arbitrator, Nov. 29, 2001) (school officials violated CBA and constitutional rights of teachers by ordering dismantling of bulletin board displays encouraging tolerance for gays). Pollard v City of Northwood, 2001 WL 336971 (N.D. Ohio., March 19, 2001) (unpublished disposition) (dismissing police officer's hostile environment sexual harassment claim brought when fellow officers perceived him as being gay for association with an openly-gay police officer). Pool and Geller v. Boy Scouts of America, Nos. 93-030-(PA) & 93-031-(PA) (District of Columbia Human Rights Commission, June 20, 2001) (Boy Scouts of America violated the D.C Human Rights Law by ordering two gay men to sever their ties with the organization; reinstatement ordered. NOTE: D.C. Appropriations Act passed by Congress later in 2001 forbade Commission from enforcing this decision.). Powell v. Schriver, 245 F.3d 192 (2d Cir., April 3, 200) (transsexual prisoner stated valid privacy claim in case involving disclosure by guard of transsexual inmate's HIV status and transsexual identity to inmates and prison staffers). Price v. Dolphin Services, Inc., 2000 WL 1789962 (E.D.La., Dec. 5, 2000) (unpublished disposition) (Same-sex harassment claim is actionable under Title VII). Price Waterhouse v. Hopkins, 590 U.S. 228 (1989) (sexual stereotyping may be evidence of sex discrimination under Title VII of the Civil Rights Act of 1964). Quilty v. Windsor, [1999] SLT 346 (Scotland) (referring to somebody as homosexual is not defamatory per se). Quinn v. Ultimo Enterprises, Ltd., 20 NDLR P 85, 2001 WL 128242 (N.D. Ill., Feb. 9, 2001) (not officially published) (Attorneys fee cut in half in settlement of HIV-related employment discrimination claim). R. v. Secretary of State for the Home Department, ex parte McCollum, Case No. CO/569/99 (U.K., High Court, Queen's Bench Division, Administrative Court, Jan. 24, 2001) (Denying partnership recognition claim for immigration purposes). R. v. Sharpe, 2001 SCC 2.File.No.: 27376 (Canada Supreme Court, Jan. 26, 2001) (Upholding constitutionality of child porn statute, but striking down elements of its application). Randles v. Moore, 780 S0.2d 158 (Fal. Dist. Ct. App., 2nd Dist., Jan. 12, 2001) (Former inmate entitled to trial of claim that Dept. of Corrections should be held liable for HIV infection contracted in prison). Ray, In re Joseph, 2001 WL 127666 (Ohio. App., 1 Dist., Feb. 16, 2001) (unpublished disposition) (refusing to provide legal recognition to same-sex partners as co-parents). Readers Digest Servs. Pty. Ltd. v. Lamb, 150 CLR 500 (Australia, 1981-82) (general community standards are the basis for determining whether particular statements are defamatory, not the views held by only a segment of the community). Reese v. Jefferson District No. 14J, 203 F.3d 736 (9th Cir. 2000) (requirements for the imposition of school district liability under Title IX for student-on-student sexual harassment). Rene v. MGM Grand Hotel, 243 F.3d 1206 (9th Cir., March 29, 2001) (Hostile environment sexual harassment theory under Title VII is inapplicable to homophobic harassment involving openly gay employee), reconsideration en banc granted, see Daily Labor Report No. 130, July 9, 2001. Rich v. McDonald's, Ohio Ct. C. P., No. 98368481 (Oct. 26, 2001), reported in BNA Daily Labor Report No. 212, Nov. 5, 2001 ($5 million jury verdict for HIV+ man constructively discharged by employer). Rickard v. McKesson, 774 So. 2d 838 (Fla. Dist. Ct. App., 4th Dist., Dec. 27, 2000) (Niece may posthumously challenge uncle's adoption of same-sex partner in will contest). Rieder v. Rieder, 2001 WL 1173279 (Tenn. Ct. App., Oct. 5, 2001) (not officially published) (denying custody to lesbian mother on grounds of her behavior, not sexual orientation). Rivkin v. Amalgamated Television Service Pty. Ltd., 2001 NSWSC 432 (New South Wales Supreme Court, Australia, May 28, 2001 [revised opinion]) ( Program on television station which falsely imputed that person is homosexual may not be sued for defamation on that ground, but may be sued for imputing improper conduct by gay man). Robinson v. Robinson, 722 So. 2d 601 (Miss. 1998) (extra-marital heterosexual affair by husband constitutes cruel and inhumane treatment of wife). Roe v. Attorney General, 434 Mass. 418, 750 N.E.2d 897 (Mass., June 28, 2001) (state's sex offender law does not violate due process if sex offenders are required to transmit their names and addresses to the registry board before individualized hearings are held and that information could be passed to other law enforcement officials). Roe v. City of New York, 151 F. Supp. 2d 495 (S.D.N.Y. Aug. 3, 2001) (authorizing class action suit against the city for police harassment of individuals who are using needle exchange programs to help prevent the spread of HIV). Rogers v. Fiscal Court of Jefferson County, 48 S.W.2d 28 (Ky. Ct. App., June 8, 2001) (Jefferson County ordinance prohibiting discrimination in employment, public accommodations, and housing on the basis of sexual orientation and gender identity is enforceable within the City of Louisville, a city located within the county having a similar ordinance; where county and city have adopted ordinances based upon the same subject matter, county ordinances will be enforced unless city ordinance is more stringent than the one passed by the county). Romer v. Evans, 517 U.S. 620 (1996) (state may not adopt rules discriminating against gay people without any rational basis). Rosa v. Park West Bank & Trust Co., 213 F.3d 213 (1st Cir. 2000) (Fair Credit Act ban on sex discrimination extends to male plaintiff denied banking services for failing to dress consistent with social norms for his gender, in effect extending federal statutory protection to transvestites and transsexuals who encounter discrimination due to appearance not conforming with socially approved gender role). Ross v. Shelby County Healthcare Corp., 2001 WL 1078266, 2001 Tenn. App. LEXIS 706 (Tenn. Ct. App., Sept. 10, 2001) (not officially published) (dismissing HIV transmission suit based on statute of limitations). Rouchon v. State of Texas, 2001 WL 1265550 (Tex. Ct. App., San Antonio, Oct. 24, 2001) (no publication) (trial court correctly excluded speculative testimony about sexual orientation of murder victim). Sachs v. Innovative Healthcare, Inc., 799 So.2d 355 (Fla. Dist. Ct. App., 3rd Dist., Nov. 7, 2001) (discovery order requiring disclosure of HIV+ patient identifies in context of commercial litigation involving pharmaceutical distributor violated physician-patient privilege and statute dealing with HIV confidentiality). Salgado v. City of New York, 2001 WL 290051 (S. D.N.Y., March 26, 2001) (unpublished disposition) (lesbian police officer had alleged facts sufficient to support a continuing violation theory and rejected the argument by the police department that most of the discrimination and harassment claims were time-barred). Sampson v. State of Alaska, 31 P.3d 99 (Alaska Supreme Ct., Sept. 21, 2001) (terminally ill patients to not have state constitutional right to assistance from physicians in committing suicide; lead plaintiff was person with AIDS). Sand, In re (Alberta, Canada, Court of Queen's Bench, April 2, 2001) (denial of a spouse's share of an estate, upon intestacy, to surviving same-sex partner violated equality provision of the Canadian Charter). Sanders v. State of Mississippi, 781 So.2d 114 (Miss., Feb 1, 2001)(Court rejected defendants murderer appeal concerning the rejection of testimony about sexual activities between himself and his same-sex victim that occurred sixteen years before the murder. Defendant's attempts to argue self-defense based on history of relationship with victim and proffered jury instructions for heat of passion were also properly excluded). Saucier v. Katz, 533 U.S. 194 (2000) (in determining whether government defendant has immunity from civil rights claim, district court is to review submissions of the parties in light most favorable to plaintiff, and then determine whether defendant may be held to have violated a constitutional right based on that review). Saxe v. State College Area School District, 240 F.3d 200 (3rd Cir. Feb. 14, 2001) (public school anti-harassment code which prohibits unwelcoming verbal, written or physical conduct would unconstitutionally penalize speech and conduct of plaintiffs, self-identified Christians who believe homosexuality is a sin, under the First Amendment). S.B v. L.W., 793 So.2d 656 (Miss. Ct. App., March 13, 2001, rehearing den'd, May 22, 2001, cert. denied, Sept. 6, 2001) (affirms trial court determination that biological mother is not entitled to custody of her daughter because of her homosexual lifestyle and awarded full custody of the child to the father). Schroeder v. Hamilton School District (Published in Milwaukee Journal Sentinel on March 22, 2001) (dismissed teacher's lawsuit against school district for failure to deal with harassment against him after his sexual orientation was discovered). Schwenk v. Hartford, 204 F.3d 1187 (9th Cir. 2000) (Violence Against Women Act applies to violence against a transsexual motivated by the victim's gender nonconformity). S. D. Myers, Inc. v. City and County of San Francisco, 253 F.3d 461 (9th Cir., June 14, 2001) (upholds Ordinance 12B which requires that all parties who wish to do business with the City of San Francisco provide domestic partner benefits that are equivalent to those offered to the spouses of their heterosexual employees). Selby v. Coombes, 2001 WL 964195 (U.S.Ct.App., 2nd Cir., Aug. 20, 2001) (unpublished disposition) (rejects 8th Amendment claim by state prisoner concerning treatment for HIV conditions; records shows regular and capable treatment, not deliberate indifference). Shapiro, Matter of (N.Y. Sup. Ct., Nassau County, April 19, 2001) (finding undue influence and incapacity in case involving elderly survivor of a lesbian couple who changed her will, disinheriting relatives and leaving estate to neighbors). Sharon S. v. Superior Court of San Diego County, 113 Cal. Rptr. 2d 107, 93 Cal. App. 4th 218 (Cal. Ct. App., 4th Dist., Oct. 25, 2001, as modified on denial of rehearing, Nov. 21, 2001), review granted by California Supreme Court, Jan. 29, 2002 (rejecting co-parent adoptions, and holding by implication that all existing co-parent adoptions are illegitimate, despite statute authorizing such adoptions that will go into effect in 2002; grant of review suspends effect of decision). Sharp v. Kosmalski, 40 N.Y.2d 119 (1976) (establishing factors for application of constructive trust in New York). Shaw v. Minnesota Board of Teaching, 2001 WL 605096 (Minn. Ct. App. , June 5, 2001) (unpublished disposition) (affirms decision by Minnesota Board of Teaching to suspend for two years teaching license of gay man who allegedly exposed his erect penis to an undercover police officer in a public hotel restroom). Shields v. Bellsouth Advertising & Publishing Corp., 254 F.3d 986 (11th Cir., June 19, 2001) (collateral estoppel precludes relitigation of claim that employee was discharged due to HIV+ status). Shumosky v. Lutheran Welfare Services of Northeastern Pa., Inc., 784 A.2d 196 (Pa. Super. Ct., Oct. 3, 2001) (nurse's needlestick injury while attending to HIV+ patient satisfies actual exposure requirement for AIDS phobia tort case). Smith v. Knoeller, No. 319532 (California, San Francisco Superior Ct., Robertson, J., bench ruling on July 27, memorandum opinion issued Aug. 9, 2001) (surviving lesbian partner of decedent can maintain a wrongful death action against owners of vicious dog who killed decedent, as well as landlord). Snyder v. American Association of Blood Banks, 144 N.J. 269, 676 A.2d 1036 (1996) (establishing reasonable blood bank standard for determining whether blood banks were negligent in 1983 in not using surrogate testing techniques to reduce likelihood of HIV transmission from donated blood). Sommi v. Ayer, 51 Mass. App. Ct. 207, 744 N.E.2d 679 (March 23, 2001) (specific findings of fact must be made by a court before issuing an order of protection; case involved a same-sex male couple). Spearman v. Ford Motor Company, 231 F.2d 1080 (7th Cir., Nov. 3, 2000), cert. denied, 121 S. Ct. 1656 (April 23, 2001) (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). Spencer v. Baxter International, Inc., 163 F.Supp.2d 74 (D. Mass., Sept. 28, 2001) (producers of blood clotting medication may not be held liable for HIV infection of hemophiliac on alternative liability theory; in absence of evidence as to which producer's medication was used, wrongful death action dismissed). State of California v. Rosenkrantz, (Reported in Los Angeles Times, June 22, 2001) (Cal. App. Dep't Super. Ct, June 21, 2001) (Van Nuys Superior Court rules that Gov. Davis had unlawfully denied parole to defendant, a gay man who has been in prison since 1985 for the death of another teenager who had "outed" him to his family). State of Colorado v. Grauman (Colo. App) (Reported in Denver Post, April 22, 2001) (Defendant sentenced to life in prison for murder of 36-year-old male because decedent was gay). State of Colorado v. Murphy (Colo. Montezuma County District Court) (prosecution of alleged hate crime murder of Fred Martinez, Jr., gender-bending youth). State of Florida v. Donahue (Fla. Ct. App., 4th Dist., Oct. 31, 2001) (upholding murder conviction in hate crime involving gay victim), reported Nov. 1 in South Florida Sun-Sentinel. State of Hawaii v. Bani, 97 Haw. 285, 36 P. 3d 1255 (Haw. Supreme Ct., Nov. 21, 2001) (Hawaii version of Megan's Law constitutionally flawed because defendants not given opportunity for hearing on whether public notification is appropriate in their case). State of Illinois v. Nitz, 319 Ill. App. 3d 949, 747 N.E. 2d 38, 254 Ill.Dec.281 (Ill. Jan 5, 2001) (defendant, who was accused of the murder of a homosexual man, may not introduce evidence of other possible suspects for the crime based solely upon prior homophobic acts of the others in the community). State of Iowa v. Keene, 629 N.W.2d 360 (Iowa., July 5, 2001) (rejects constitutional vagueness challenge to the application of an Iowa law criminalizing HIV transmission). State of Kansas v. Phelps, 20 P.3d 731 (Kan. Ct. App., March 9, 2001) (upholds conviction of disorderly conduct when defendant approached victim and screamed anti-gay remarks). State of Louisiana v. Chisholm (La. 21st Judicial Dist. Ct., Ricks, J., sentencing Aug. 13, 2001) (man who distributed computer-altered photographs depicting teenage boys engaged in homosexual sex sentenced to 20 years for obscenity). State of Louisiana v. Gomez, 778 So.2d 549 (La. Jan 17, 2001) (HIV+ defendant plead guilty to raping two young boys in exchange for life in prison. Defendant knew he was HIV+ when he committed the assault). State of Louisiana v. Miller, 792 So. 2d 104 (La. Ct. App., 4th Cir., July 25, 2001) (HIV status of defendant not a mitigating factor in sentencing, where defendant had a criminal record; notes that sentence given to defendant for dealing marijuana was half the maximum authorized by statute). State of Louisiana v. Smith, 766 So.2d 501 (La. Supreme Ct. 2000) (right of privacy does not extend to oral or anal sex performed in a motel room by consenting adult heterosexuals). State of Louisiana v. Vicks, 2001 WL 1219196 (La. Ct. App., 4th Cir., Sept. 26, 2001) (not officially published) (upholding conviction of gay man for raping young girl). State of Maryland v. Lucas (Reported in Washington Times, June 6, 2001) (Jury in Montgomery County, Maryland convicts defendant of second-degree murder, robbery and burglary and rejects gay-panic style defense). State of Minnesota v. Gray, 413 N.W.2d 107 (Minn. 1987) (right to privacy in state constitution but does not extend to commercial sexual activity, in case involving charge that man solicited sex for money from teenage boy). State of Minnesota v. Duncan, 605 N.W.2d 745 (Minn. App. 2000) (Public sexual conduct not protected under the 1st Amendment). State of Minnesota v. Pinkal, 2001 WL 55463 (Minn. Ct. App., Jan. 23, 2000) (unpublished disposition) (man convicted of indecency entitled to trial of his claim of discriminatory enforcement of the law on basis of sexual orientation). State of Minnesota v. Stewart, 624 N.W. 2d 585 (Minn., April 19, 2001) (Defendant admits to having killed his son and his son's mother in a fit of rage after the mother revealed that she was HIV+. Defendant argues on appeal that the jury should have been instructed on first degree murder with respect to the son. Appellate court rules that it was not error for the trial court to deny heat of passion instruction with respect to killing of son). State of Missouri v. Callen, 45 S.W. 3d 888 (Mo., May 29, 2001) (Court rejects constitutional vagueness challenge to state's hate crimes law) State of Missouri v. McIntyre, 63 S.W.2d 312 (Mo. Ct. App., W.D., Dec. 26, 2001) (affirms conviction of man for playing sex game with victim involving touching genitals). State of Missouri v. Taylor, Madison County Superior Ct., Oct. 4, 2001 (additional sentence imposed on HIV+ criminal defendant for spitting at his public defender), reported in St. Louis Post-Dispatch, Oct. 5. State of Minnesota v. Pugsley (Reported in Star-Tribune, April, 3, 2001)(Minn. Ct. App) (HIV+ man sentenced to 30-year prison sentence for abduction and rape of a 4 year-old boy). State of Nebraska v. Neal (Jury conviction in murder of gay man, Oct. 15, 2001, reported in Omaha World-Herald, Oct. 16). State of New Hampshire v. Woodard, 769 A.2d 371 (N.H. April 4, 2001) (reversed and remanded trial court's conviction of defendant (found guilty of felonious sexual assault against a minor girl) on the grounds that evidence of the defendant's lesbian relationship with the victim's mother had prejudicial effect on the jury. State of New Jersey v. Cooke, 375 N.J. Super. 480, 785 A.2d 934 (N.J.App.Div., Dec. 13, 2001) (finds trial judge gave inappropriately light sentence to defendant convicted for engaging in oral sex which he claims was consensual). State of New York v. Ford, 724 N.Y.S. 2d 142 (N.Y. App. Div., 4th Dept. May 2, 2001) (18-year old arrested for violation of hate crime law provisions covering sexual orientation by sending anti-gay instant message online). State of New York v. Ives Health (Reported in Oklahoma Journal Record, April 11, 2001) (U.S Attorney's office in New York charges Oklahoma-based firm with making false claims about a breakthrough AIDS medication and defrauding the Food and Drug Administration). State of North Carolina v. Patterson, 552 S.E.2d 246 (N.C. Ct. App., Sept. 18, 2001) (rejected appeal of man convicted of murdering gay man). State of Ohio v. Couturier, 2001 WL 1045500 (Ohio Ct. App., 10th Dist., Sept. 13, 2001) (not officially published) (resentencing of man convicted of transmitting HIV to a minor during sex). State of Ohio v. Ditzler, 2001 WL 298233 (Ohio Ct. App., 9th Dist March 28, 2001) (not officially published) (affirms conviction of defendant on multitude of charges arising from camping expedition in which defendant chaperoned a group of young teenage boys and allowed them to consume significant quantities of alcohol, view pornographic magazines and initiating oral sex with one of the teenage boys). State of Ohio v. McPherson, 758 N.E.2d 1198, 143 Ohio App. 3d 741 (Ohio.App., 8th Dist. May 24, 2001) (affirming defendant's conviction of soliciting prostitution while knowing he was HIV+; but found that soliciting prostitution is not one of the list of offenses for which one can be classified as a sexual offender, and reversed the trial court's decision to classify defendant as such). State of Ohio v. Thompson, 2000 WL 1876610 (Ohio Ct. App., Dec. 28, 2000), app. granted, 747 N.E.2d 252 (Ohio, May 23, 2001) (calling for Supreme Court to reconsider constitutionality of homosexual solicitation statute as potentially violative of equal protection). State of Tennessee v. Bennett, 2000 WL 1782763 (Tenn. Ct. Crim. App., Dec. 6, 2000) (not officially published) (Lengthy prison sentence is deterrent for HIV+ individual who was having sex without informing partners of his sero-status). State of Tennessee v. Jones, 2001 WL 30198 (Tenn.Crim.App., Jan. 12, 2001) (not officially published) (Affirming 17-year sentence for multiple counts of criminal HIV exposure and statutory rape). State of Tennessee v. Morrow, 2001 WL 1105371, 2001 Tenn. Crim. App. LEXIS 753 (Sept. 19, 2001) (not officially published) (trial court inappropriately took defendant's HIV status into account as a sentencing factor when the underlying crime already incorporated that element). State of Tennessee v. Wiser, 2000 Tenn. Crim. App. LEXIS 852 (Oct. 30, 2000) (unpublished) (HIV status of defendant should not be considered enhancement factor in sentencing when that factor is already incorporated into penalty prescribed for underlying offense). State of Texas v. Embree (See Washington Blade, Dec. 14, 2001) (life sentence imposed on teenager for murder of gay professor with whom he had sex). State of Texas v. Hollingsworth (Defendant accepts plea bargain of aggravated assault with a deadly weapon for knowingly transmitting HIV virus by having sex with five different women) State of Utah v. Hawatmeh, 26 P. 3d 223 (Utah Supreme Ct., June 22, 2001) (upholds charges of aggravating kidnapping in cases involving Jordanian man and his sons who brutalized their daughter/ sister because she is a lesbian and attempting to fly her under duress to Jordan). State of Virginia v. Gay (Va. Super. Ct., guilty plea entered May 3, 2001) (Defendant pleads guilty to first-degree murder and malicious wounding charges in shootings at gay night club). State of Washington v. Copeland, 922 P.2d 1304 (Wash.1996) (Deliberate cruelty requires conduct not normally found as part of the crime charged). State of Washington v. Farmer, 805 P.2d 200 (Wash. 1991) (HIV-transmission case; sentence enhancement valid because alleged conduct was not an element of the charged offense). State of Washington v. Ferguson, 15 P.3d 1271 (Wash. Sup. Ct., Jan. 8, 2001) (Vacating enhanced sentence in case involving sexual transmission of HIV). State of Washington v. Miller, 105 Wash. App. 1044, 2001 WL 333818 (Wash. App., Div.2., April 6, 2001) (unpublished disposition) (Defendant who was convicted of violating controlled substance act for selling heroin must submit to HIV testing as part of his sentence despite that there was no basis for testing since defendant was convicted of selling not using the illegal substance). State of Washington v. Munguia, 26 P. 3d 1017, 107 Wash. App. 328 (Wash. App., Div. 3, July 19, 2001) (Evidence from murder victim's computer that he had visited gay websites was not admissible to support defendant's claim that he acted to repel a sexual attack by the victim). State of Washington v. Timothy K., 27 P. 3d 1263 (Wash. Ct. App., Div. 1, Aug. 6, 2001) (affirming hate crime conviction under malicious harassment statute where two young men drove by the house of a gay couple and used plyers to damage the grille of the truck parked there; circumstantial evidence sufficient to find necessary motivation). State of Washington on behalf of D.R.M. v. Wood, 34 P.3d 887 (Wash. Ct. App., Div. 1, Nov. 19, 2001) (intended lesbian co-parent who broke up with birth mother prior to birth of child conceived through donor insemination is not liable for child support under Uniform Parentage Act, equal protection theory, contract theory, or promissory estoppel theory). State of West Virginia v. Wilson (Marion County Circuit Court, Aug. 20, 2001) (defendant pled guilty to murder of gay man) (reported in Pittsburgh Post-Gazette, Aug. 21). State of Wisconsin v. Bodoh, 635 N.W.2d 905, 2001 Wis. App. 254 (Wis. Ct. App., Sept. 5, 2001) (rejecting gay panic defense in homicide conviction appeal). Sterling v. Borough of Minersville, 232 F.3d 190 (3rd Cir. 2000) (municipality could be held liable if police officer threatened to "out" teenager to family, leading to youth's suicide; jury ruled Nov. 7, 2001, against liability). Sutton v. United Airlines, Inc., 527 U.S. 471 (1999) (in determining under the Americans With Disabilities Act whether somebody has an impairment that substantially limits a major life activity, court must take into account assistive devices and medications that make it possible for the person to function). Swatzell v. Southwestern Bell Telephone Company, 2001 WL 1343429, 22 NDLR para.43 (U.S.Dist.Ct., N.D. Tex., Oct. 31, 2001) (allowing ADA suit by man who took disability leave because he feared discharge based on his HIV status). Swarts, Matter of, 30 P.3d 1011 (Kans. Supreme Ct., Sept. 14, 2001) (upholding discipline against county attorney who, inter alia, violated HIV confidentiality policies). Swidriski v. Houston Police Dept. (U.S.Ct.App., 5th Cir., Dec. 14, 2001) (reported by Houston Chronicle, Dec. 15) (revising suit claiming police department violated constitutional equal protection rights of plaintiff's gay son by failing to protect him from being murdered by his ex- lover). Taormino v. State of New York, 729 N.Y.S.2d 757 (N.Y. App. Div., 2nd Dept., Aug. 27, 2001) (granting s.j. to defendant in AIDS phobia claim brought on behalf of 2-year-old needle stick victim; also limiting mother's fear of AIDS emotional distress claim to 6 month period from date of incident, in light of subsequent negative HIV testing). Tassin v. Jones, 2001 WL 946349 (U.S.Dist.Ct., E.D. La., Aug. 20, 2001) (not officially published) (police did not violate constitutional rights of defendant arrested pursuant to valid warrant when they confiscated his medication, which was not identified to them as HIV-related medication, and failed to return it to defendant before he was released shortly after arrest). Taylor v. City of Philadelphia, 2001 WL 1251454 (U.S.Dist.Ct., E.D.Pa., Sept. 24, 2001) (not officially published) (rejecting emotional distress claim brought by employee who asserted sexual orientation discrimination by the city). Taylor v. Taylor, 345 Ark. 300, 47 S.W.3d 222 (Ark., June 21, 2001) (continued custody of lesbian parent over her child (contested by her ex-partners) affirmed on the exclusion of her domestic partner from residing in the family home). T.B. v. L.R.M., 786 A.2d 913 (Pa. Supreme Ct., December 28, 2001) ("in loco parentis" common law doctrine provides basis for standing for lesbian co-parent to seek visitation with child whose birth she planned with her former partner and with whom she lived in a parental role for the first three years of the child's life). Teal v. Chicago Sun-Times, Inc., 2001 WL 1609384 (U.S.Dist.Ct., N.D. Ill., Dec. 14, 2001) (slip copy) (dismissing retaliation claim against employee discharged for gossiping about sexual orientation of other employees). T.L. v. Colorado Dept. of Health Care Policy and Financing, -- P.3d , 2001 WL 1285591 (Col. Ct. App., Oct. 25, 2001) (state violated Medicaid requirements by categorically refusing to consider HIV+ man's need for a hot tub to treat complications of illness). Toney v. Zarynoff's, Inc., 52 Mass. App. Ct. 554, 755 N.E.2d 301 (Sept. 20, 2001) (failure of trial judge to ask jury venire about bias against gays was not abuse of discretion). Town Total Nutrition v. CIGNA, 2001 WL 102351 (S.D.N.Y., Feb 7, 2001) (not officially published) (CGLIC was not responsible for prescriptions cost of nearly $25,000 for which Town Total Nutrition sought reimbursement on an HIV+ patient) Trigg v. New York City Transit Authority, 2001 WL 868336, 144 Lab. Cas. Para. 11,122 (U.S.Dist.Ct., E.D.N.Y., July 26, 2001) (judgment for employer on sex discrimination claim that court found was really a sexual orientation discrimination claim, based on homophobic remarks about plaintiff by fellow employee). Troum v. Newark Beth Israel Medical Center, 768 A.2d 177 (N.J.App.Div., March 5, 2001) (Ruling on limitations periods for malpractice survival action and wrongful death action in HIV transfusion case). Trinity Western University v. British Columbia College of Teachers, No 27160 (Canada, British Columbia Supreme Court, May 17, 2001) (Public teacher certification agency may not refuse to certify, as qualified to teach in public schools, graduates of a private, religious university that require faculty, staff and students to sign a community standards document prohibiting homosexual behavior on or off campus). Troxel v. Granville, 530 U.S. 57 (2000) (state law authorizing non-parents to seek child visitation over objections of natural or legal parents violates constitutional due process in absence of suitable standards for decision). Tyler v. Cuomo, 236 F. 3d 1124 (9th Cir., Dec. 15, 2000) (Partially reviving homeowners lawsuit for damages connected to opening of HIV-residence in their neighborhood). Uranga v. Federated Publications, Inc., 2001 WL 693891, 29 Media L. Rep. 1961 (Idaho, June 22, 2001) (not released for official publication) (Court rules that newspaper may be sued for publishing a reproduction of a 40 year-old court document suggesting that a man had a homosexual affair with his cousin) U.S Army v. Kutteles, (Army rejects plaintiff' claim for damages in the death of her son who was beaten to death in his sleep by anti-gay soldiers) United States v. Allison, 56 M.J. 606 (U.S. Coast Guard Ct. of Crim. App., Nov. 16, 2001) (upholding conviction of servicemember who videotaped his deviate sexual intercourse with his girlfriend). United States v. Baker (Navy-Marine Crim. App., July 24, 2001) (Navy lieutenant sentenced to dismissal, two years confinement, forfeiture of all pay and allowances for consensual sodomy; case disappeared from Westlaw) United States v. Crown, 12 Fed. Appx. 59, 2001 WL 682289 (2nd Cir. , June 18, 2001) (HIV+ man from who came to the U.S illegally believing treatment to be inadequate in Belize denied necessity defense) 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. Dinges, 55 M.J. 308 (U.S. Ct. App. Armed Forces, Aug. 22, 2001) (upholding conviction of Air Force captain for having sex with Boy Scouts). United States v. Grant, 235 F.3d 95 (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. Martin, 2001 WL 1537700 (U.S.Dist.Ct., S.D.N.Y., Dec. 3, 2001) (slip copy) (downward departure from sentencing guidelines in light, inter alia, of defendant's AIDS- compromised health status). United States v. Mendoza, 262 F.3d 957 (U.S.Ct.App., 9th Cir., Aug. 27, 2001) (upholding sentence enhancement for transsexual who was undercover agent for INS and was selling fraudulent work papers to illegal aliens; issue in case was whether victims were particularly vulnerable under the sentencing guidelines). United States v. Oakland Cannabis Buyers Corperative, 121 S.Ct. 1711, 149 L.Ed. 2d 722 (May 14, 2001) (U.S. Supreme Court ruled that the 9th Circuit erred in holding that there was a medical necessity exception to the Controlled Substances Act). United States v. Richardson, 2001 WL 1380510 (U.S. Navy-Marine Corps Ct. Crim. App., Nov. 6, 2001) (not officially published) (method of detention for HIV+ prisoner was not inappropriate or violative of 8th Amendment rights). United States v. Sorey, 2001 WL 83172 (Navy-Marine Crim. App., Jan 24, 2001) (unpublished disposition) (military judge abused his discretion by allowing testimony to be read at trial in a narrative manner by HIV+ soldier; sexual partner evidence in case involving soldier's omitting to inform his sexual partner of his HIV status before engaging in intercourse with her. Court was unable to determine how this inadmissible evidence affected the degree of punishment awarded. Court set aside the sentence and sent it back for appropriate action) United States v. Szoka, 260 F.3d 518 (7th Circ. July 30, 2001) (underground gay radio station's operation enjoined, since owner refused to apply for an operating license from the F.C.C.; constitutional challenge to license requirement is pending in other court). United States v. Virginia, 518 U.S. 515 (1996) (state policies discriminating on the basis of sex must be shown to serve important government objectives and be substantially related to those objectives in order to survive judicial review). University of Texas Medical Branch at Galveston v. Mullins, 57 S.W.2d 653 (Tex. Ct. App., Houston, Oct. 18, 2001) (public hospital entitled to governmental immunity against suit alleging fraudulent concealment of plaintiff's HIV status). Urman v. South Boston Savings Bank, 424 Mass. 165 (1997) (actual exposure to harmful agent is prerequisite to suit for emotional distress due to fear of exposure). Valdez v. Clayton Industries, Inc., 88 Cal. App.4th 1162, 107 Cal. Rptr 2d. 15 (Cal. Ct. App., May 8, 2001) (same-sex harassment claim is actionable under wide variety of state policies beaing on sexual orientation)), Van Hook v. Anderson, 127 F.Supp. 2d 899 (S.D.Ohio, Jan. 19, 2001) (defendant who claims to have killed his victim because of rage precipitated by homosexual panic and severe borderline personality petitions for habeous corpus relief. Motion granted in part and denied in part) Vasquez v. Hawthorne, 33 P.3d 735 (Wash. Sup. Ct., Nov. 1, 2001) (trial court erred in granting summary judgment to plaintiff on claim of same-sex meretricious relationship entitling plaintiff to inherit property allegedly jointly owned with decedent; contested issues of material fact as to relationship needed to be resolved at trial; vacates Court of Appeals decision that same-sex couples may not qualify for treatment as meretricious relationship under Washington common law). Vawser v. Fred Meyer, Inc., 2001 WL 1174084 (U.S.Ct.App., 9th Cir., Oct. 4, 2001) (unpublished disposition) (upholding dismissal of HIV discrimination suit on ground that plaintiff failed to discuss reasonable accommodations proffered by employer). Waddell v. Valley Forge Dental Associates, Inc., 276 F.3d 1275 (11th Cir., Dec. 21, 2001) (HIV+ dental hygienist poses "significant risk" to patients; no ADA violation to exclude him from patient-contact work). Walker Estate v. York Finch General Hospital (Supreme Court of Canada, April 19, 2001) (Canadian Red Cross was negligent in failing to adopt blood screening methods to protect blood transfusions recipients from contracting the HIV virus) Wascura v. City of South Miami, 257 F.3d 1238 (11th Cir., July 17, 2001) (rejecting ADA and FMLA claims from city clerk who was terminated four months after telling superiors that her HIV+ 27-year-old son had moved back in with her; court found employer articulated legitimate reasons for discharge, and rejected plaintiff's case on "pretext"). Webb v. State of Texas, 2001 WL 1509547 (Tex. Ct. App., Austin, Nov. 29, 2001) (no publication) (affirming conviction for murder of gay man). Weber v. Community Teamwork, Inc., 434 Mass. 761, 752 N.E.2d 700 (Mass. Sup. Jud. Ct., Aug. 13, 2001) (vacates trial victory of lesbian executive in sex and sexual orientation discrimination claims for reconsideration in light of court's recent adoption of new evidentiary and proof standards for findings of "pretext" in cases where employers provide non- discriminatory justifications for discharges). Webster v. Ryan, 729 N.Y.S.2d 315 (N.Y. Family Ct., Albany Co., June 21, 2001) (woman who served as foster mother to child for the first five years of his life was entitled to a "standing hearing" to determine whether she had a parent-child-like relationship and thus should be entitled to visitation after child was returned to custody of his natural father; holding that a child has an independent, constitutionally guaranteed right to main contact with such an individual, and to extent state law deprives him of such a right, it violates Equal Protection Clause of 14th amendment). West v. Apfel, 2000 WL 1847766 (N.D.Ill., Dec. 14, 2000) (Revived action for disability benefits by HIV+ man). Whitfield v. State of Arkansas, 56 S.W.3d 357, 346 Ark. 43 (Ark. Supreme Ct., Sept. 20, 2001) (upholding conviction of HIV+ rapist based on DNA testimony, finding there was confirmatory evidence). Wolfe v. Horn, 130 F. Supp. 2d 650 (E.D. Pa., Jan. 29, 2001) (Court sustained a transsexual prisoner's claim under the 8th amendment and state medical malpractice law for the failure of prison officials to properly attend to her medical needs while she was incarcerated). Williams v. Marsh's Sun Fresh (Reported in Kansas City Star, April 12, 2001) (Grocery store settles an HIV discrimination suit by former employee by offering $80,000 in back pay and damages). Williams v. State of Texas, 2001 WL 726441 (Tex. App.,14th Dist., June 28, 2001) (designated no publication) (affirming murder conviction where defendant asserted that he shot the victim in self-defense after the victim made homosexual advances). W.N.J. and J.A.S.and J.O.H.N. and D.M.W. v. Yocum, 257 F.3d 1171 (10th Cir., July 10, 2001) (dismissing appeal of summary judgment by group of residents in Salt Lake City challenging the state's laws against fornication and sodomy because plaintiffs filed suit using pseudonyms without requesting permission from the court to do so). Wu v. Pacifica Hotel Co., 2001 WL 492475 (N.D.Cal., April 25, 2001) (unpublished disposition) (grants summary judgment on behalf of gay supervisor in sexual harassment claim by gay employee). Young v. Lee, 163 F.Supp.2d 554 (D. Md., Aug. 24, 2001) (parents of jilted woman have no right of action against gay man who backed out of promise to marry their daughter, due to state repeal of heart-balm statute; tort suit was inappropriate attempt to end-run the statutory repeal). Young v. Makhoul (Va., Richmond Super. Ct., Dec. 15, 2000) (Jury verdict holding surgeon not liable for HIV transfusion). Yu Meifang v. Xinzhou Prefectural People's Hospital (China, Xinzhou Intermediate People's Court of Shanxi Province, 2001) (awarding damages for failure of hospital to maintain confidentiality of HIV-related information) Zalewski v. Overlook Hospital, 300 N.J. Super. 202 (N.J., Law Div. 1996) (gender stereotyping violates state law against sex discrimination). Zavatsky v. Anderson, 130 F. Supp. 2d 349 (D.Conn., Feb. 12, 2001) (lesbian co-parent could maintain an equal protection claim against the child welfare agency officials who excluded her from participating in matters involving her partner's child but rejected a due process claim for interference with family rights).