Case Table for Lesbian/Gay Law Notes 2002 Compiled by Audrey Weinberger (NYLS Student) and Arthur Leonard Ackerman v. Hojnowski, 2002 WL 2005442 (Me., Aug. 27, 2002) (ruling that the ex-domestic partner of a gay man was entitled to half of the value of the couples former home, notwithstanding the fact that he did not contribute any money towards the purchase of the home). Adams v. State of Georgia, 561 S.E.2d 101 (Ga., March 11, 2002) (upholding lower courts decision that evidence sufficient to support conviction for malice murder). Adoption of R.B.F. and R.C.F.; Adoption of C.C.G. and Z.C.G., No. 59 WAP 2001; No.60 WAP 2001 (Pa., August 20, 2002) (unanimously ruling that the Pennsylvania courts have discretion under the states adoption law to allow same-sex partners to adopt their partners children). Akoidu v. Greyhound Lines, Inc., 2002 WL 399476 (Cal.App.,2d Dist., Div 2, March 15, 2002)(not officially published)(rejecting a sexual orientation discrimination claim from a straight man who was gay-baited at work). Albano v. Attorney General, 2002 WL 1286977 (Mass., June 13, 2002) (rejecting constitutional objections to a proposed state constitutional amendment that would ban same-sex marriages). Alverez v. Barnhardt, 2002 WL 31663570 (S.D.N.Y.) (ruling on the pleadings granting relief for defendant Commissioner of Social Security on plaintiffs claim for social security disability benefits after diagnosed with HIV). Amendariz v. Foundation Health Psychcare Services, Inc., 6 P.3d 669 (Cal. 2000) (one-sided arbitration agreement will not be enforced for reasons of public policy). American Booksellers Foundation for Free Expression v. Dean, 202 F.Supp.2d 300 (D. Vt., April 18, 2002)(striking down a n internet- directed law passed by the Vermont state government using the 1st Amendment). American Family Association v. City and County of San Francisco, 277 F.3d 1114 (U.S.Ct.App., 9th Cir., Jan. 16, 2002) (city and county did not violate the constitutional rights of the plaintiffs by passing a resolution formally disapproving of an anti-gay advertising campaign in which the plaintiffs had engaged). American Library Association, Inc. v. United States, 201 F.Supp.2d 401 (U.S.Ct.App., 3rd Cir., May 31, 2002) (ruling the Childrens Internet Protection Act (CIPA) violates the 1st Amendment and permanently enjoined its enforcement). Amos, Estate of, v. Vanderbilt University, 62 S.W. 2d 133 (Tenn., Dec. 20, 2001) (physicians duty to warn of HIV risk extends to potential future spouse and children of patient). Anderson v. U.S.F. Logistics (IMC), Inc., 274 F.3d 470 (U.S.Ct.App., 7th Cir., Dec. 14, 2001) (upholding district courts refusal to enjoin employer from barring employee from including have a blessed day in her telephone communications with employers clients). Anonymous v. Anonymous, 740 N.Y.S.2d 341 (N.Y.App.Div., 1st Dept., April 25, 2002) (affirming the decision that it is against public policy to enforce a contract for sexual services between a prostitute and a customer). Ashcroft v. American Civil Liberties Union, 122 S.Ct. 1700 (U.S., May 13, 2002) (agreeing 8-1 that the Child Online Protection Act, which seeks to criminalize display on the world wide web for commercial purposes of material deemed harmful to children that can be accessed with use of an adult identification system requires further judicial scrutiny, but that the basis on which the 3rd Circuit had declared it unconstitutional was incorrect). Ashcroft v. Free Speech Coalition, 122 S.Ct. 1389 (U.S., April 16, 2002) (holding certain provisions of the Child Pornography Prevention Act of 1996 (CPPA) violate the First Amendments protection for freedom of speech and the press). 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). Beck v. Alaska Air Group, 2002 WL 1162387 (U.S.Dist.Ct., N.D.Cal., May 24, 2002)(granting a motion to dismiss after a surviving opposite sex-domestic partner brought suit and holding that the personal representative of an estate can bring a wrongful death action for the estate but only if a legal wife, husband, parent, child or dependant relative). Berner v. Gay Mens Health Crisis, 2002 WL 1164422 (N.Y.App. Div., 1st Dept., June 4, 2002) (rejecting a former employees allegation that she was discharged as a coordinator of counseling services because she is not a lesbian). Bianchi v. City of Philadelphia, 183 F.Supp.2d 726 (E.D. Pa., Jan. 7) (denying Title VII same-sex harassment hostile environment claim, but upholding right to sue on retaliation claim). Bicknell, In re, 96 Ohio St.3d 76 (Ohio, July 31, 2002) (ruling that the court could grant a name change so that a lesbian couple could share the same surname). Blackmon v. Strong Memorial Hospital, 2001 WL 1647037 (N.Y. App. Div., 4th Dept., Dec. 21, 2001) (trial court erred in setting aside jury acquittal of hospital on 1992 HIV transfusion claim). 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). Blanks v. Southwestern Bell Communications, Inc., 2002 WL 1355003 (5th Cir., Nov. 4, 2002) (ruling that an HIV+ man had not established that he was disabled so as to warrant protection under the Americans with Disabilities Act). Blount County Education Association v. Blount County Board of Education, 2002 WL 122914 (Tenn. Ct. App., Jan. 30) (unions demand for provision banning sexual orientation discrimination is mandatory subject for collective bargaining). Bonfield, In re, 96 Ohio St.3d 218 (Ohio, August 28, 2002) (holding that it is possible under Ohio law for same-sex partners to have joint legal custody but that shared-parenting statutes could not apply to same-sex couples). Boy Scout of America v. D.C. Comm. on Human Rights, 2002 WL 31477935 (D.C. Ct.App., Nov. 7, 2002) (holding that that DC Commission on Human Rights cannot force the regional Boy Scout council to enroll self-proclaimed homosexual as adult members). Boy Scout of America v. Wyman, 2002 WL 1758408 (D.C. Ct., July 23, 2002) (holding that even though the Boy Scouts may have a federal constitutional right to discriminate based on sexual orientation does not mean that it has a right to participate in the Connecticut charitable campaign). Brady v. Dean, 790 A.2d 428 (Vt., Dec. 26, 2001) (rejecting challenge to Civil Union Law based on betting activities of state legislators). Bragdon v. Abbott, 524 U.S. 624 (1998) (fertile woman of child- bearing age who is HIV+ suffers from a substantial limitation of the major life activity of reproduction because the risks of HIV transmission to her potential child caused her to give up her desire to have children). Briseno v. Diamond Video World, Inc., 2002 WL 990626 (Cal.App., 2nd Dist., May 15, 2002)(dismissing a claim of sexual orientation discrimination filed by a straight former male employee dismissed from an adult video store). Bristol v. Board of County Commissioners, 281 F.3d 1148 (U.S.Ct.App., 10th Cir., Feb. 26, 2002) (holding that the judge initially makes a determination whether the plaintiff has identified impairments & major life activities recognized under the ADA, but it is the jurys function to determine whether the impairment substantially limits a major life activity). Bruette v. Montgomery County, Maryland, 197 F.Supp.2d 354 (U.S.Dist.Ct., D. Md., March 26, 2002)(holding that plaintiffs civil rights were not violated when they were arrested by police and charged with an assortment of child abuse and pornography crimes). Brush Creek Media, Inc. v. Boujaklian, 2002 WL 1906620 (N.D.Cal., Aug. 19, 2002) (concluding that a federal court currently lacks jurisdiction and remanded case to lower court regarding a three- way legal battle among gay porn businesses about appropriated yet unreleased master pornographic video tapes and DVDs). Bryce v. Episcopal Church in the Diocese of Colorado, 289 F.3d 648 (10th Cir., April 30, 2002) (summary judgment in favor of church granted where offensive statements uttered in a theological context fell within areas of church governance and doctrine protected by First Amendment). Burke v. Kodak Retirement Income Plan, 2002 WL 31016419 (W.D.N.Y., July 31, 2002) (denying pre-retirement survivor benefits claimed by a widowed wife after her husband of 6 months died. The judge discussed the necessary steps required to collect under Kodaks domestic partnership plan since the couple had lived together for many years). Burke v. Iowa Methodist Medical Center, 2002 WL 181241 (U.S.Ct.App., 8th Cir., Feb. 6, 2002) (unpublished opinion) (holding that under the American with Disabilities Act (ADA) an employee must both inform the employer of her disability and affirmatively request an accommodation before the employers obligation to engage in an interactive process to determine an appropriate accommodation is triggered). Burns v. Burns, 560 S.E.2d 47 (Ga. Ct. App., Jan. 23, 2002) (Vermont civil union does not create legal status of spouse for purposes of Georgia law; restriction on visitation in divorce settlement excluding unmarried adults from residence is not affected by civil union between ex-wife and same-sex partner). Byars v. Jamestown Teachers Association, 195 F.Supp.2d 401(W.D.N.Y., March 17, 2002) (summary judgment in favor of teachers union granted after effectively rebutting plaintiffs prima facie case of sex discrimination under Title VII; neither Title VII nor NYS Human Rights Law provides protection against discrimination on basis of sexual orientation) C.J.H., In the Matter of, 2002 WL 1291855 (Tex.Ct.App., June 13, 2002) (considering the appeal of a sentence imposed on a gay teenager for sexual molesting a 6-year-old boy sending him to a boot camp prison where he might be in physical danger from other inmates). 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). Caldwell v. Bell, 288 F.3d 838 (W.D. Tenn,. 6th Cir., April 30, 2002) (reversing and remanding a first degree murder conviction after an unconstitutional jury instruction violated a plaintiffs due process after he shot another in a rage after being provoked by homosexual advances). California, People of v. Alfaro, 2002 WL 922132 (Cal.App., 3rd Dist., May 7, 2002)(not officially published) (unanimously upholding a murder conviction and rejecting a claim that defendants jury instructions were faulty). California, People of v. Barajas, 2001 WL 1649409 (Cal. Ct. App., 2nd Dist., Dec. 26, 2001) (not officially published) (rejecting mercy plea from HIV+ man sentenced to two years in prison for drunken driving). California, People of v. Garcia, 2002 WL 1365643 (Cal. App., 4th Dist., June 24, 2002) (affirming a conviction ruling after the prosecutors explanations were sufficient to avoid the taint of a discriminatory excusal of two jurors). California, People of v. Ojeda, 2002 WL 241340 (Cal. Ct. App., 5th Dist., Feb. 14, 2002) (not officially published) (holding a criminal defendant must submit to HIV testing). Callaway v. Mamsi Life and Health Insurance Company, 2002 WL 1377771 (Md.Ct.Spec.App., June 26, 2002)(concluding that death or injury resulting from autoerotic asphyxiation is accidental and not intentional). Carmen v. Abter, 2002 WL 31839193 (NY.App.Div. 1st Dept) (reviving malpractice suit brought by a nurse against a doctor who alleges contracting HIV in a needle-stick accident). Carozza v. Blue Cross and Blue Shield of Massachusetts, Inc., 2001 WL 1517584 (Mass. Super. t., Nov. 16, 2001) (not officially published) (refining analysis of prima facie case of sexual harassment). Carr v. Third Colony Corp., 2001 N.Y. Slip Op. 40400 (N.Y. City Civ. Ct., Nov. 9, 2001) (heterosexual domestic partners living with children are a family for purposes of measuring hedonic damages in a tort case). Carter v. Superior Court of San Diego County, 2002 WL 27229 (Cal. App., 4th Dist., Jan. 10, 2002) (gay man depicted in TV documentary receiving emergency room treatment after using drugs at bathhouse may sue for invasion of privacy; release obtained using false representations). Centola v. Potter, 183 F. Supp. 2d 403 (D. Mass., Jan. 29, 2002) (gay postman can sue for sexual harassment and retaliation, but no lawsuit can be brought to enforce rights under federal executive order forbidding sexual orientation discrimination in postal service). Chamberlain. v. Board of Trustees of School District No. 36 (Surrey), 2002 SCC 86, File No. 28654 (Canada Dec. 20, 2002) (Supreme Court of Canada held that a local school board in British Columbia violated the law by refusing to approve three books depicting same-sex couples raising children for use as supplementary reading in kindergarten and first grade classes). Chambers v. Babbitt, 145 F. Supp. 2d 1068 (D. Minn. 2001), preliminary injunction converted to final order, Jan. 2, 2002 (student entitled to wear straight pride t-shirt to school). Chevron U.S.A., Inc. v. Echazabal, 2002 WL 127 0586 (U.S.Sup.Ct., June 10, 2002) (ruling that under a regulation promulgated by the EEOC the ADA does not require employers to hire people who health or safety would be put at risk by the job). Cheyenne Madison Jones, In re, 2002 WL 940195 (Ohio App. 2nd Dist., May 10, 2002)(refusing to grant a non-biological lesbian parent any custody or visitation rights with her seven year-old daughter following a break-up with the childs biological mother). 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, 279 F.3d 889 (9th Cir., Feb. 4, 2002) (arbitration agreement between employer and employee was unenforceable as a matter of state law; gay discrimination claimant was not required to submit dispute to arbitration). Civitello v. Burger King Corp., 2002 WL 241491 (Conn. Super. Ct., Feb. 5, 2002) (not officially published) (awarding plaintiff damages for injury to his mouth as a result of biting fragments of a hypodermic needle baked into a breakfast sandwich). Coca-Cola Bottling Company v. Hagan, 813 So.2d 167 (Dist.Ct.App. 5th Dist., March 15, 2002) (rehearing denied April 19, 2002) (holding that consumers fear that they contracted the AIDS virus allegedly from a beverage that contained a used condom was not reasonable). Cockrell v. Burdine, 2002 WL 1159629 (U.S. Sup.Ct., June 3, 2002) (denying certiorari to the state of Texas to executive defendant, a gay prisoner who court-appointed attorney slept through a significant portion of his trial). Collins v. Collins, 51 P.3d 691 (Or., Aug. 14, 2002) (reversing a lower courts modification of a custody agreement and holding that childrens exposure to seeing their mother in bed kissing another woman did not constitute a change in circumstances sufficient to trigger a reconsideration of custody status). Conant v. Walter, 309 F.3d 629 (9th Cir., Oct. 29, 2002)(ruling that AIDS doctors had a valid 1st amendment claim seeking to be free of a federal threat against them regarding recommendation of marijuana use to their patients). Congdon v. Automobile Club Insurance Co., 2002 WL 31528471 (Vt. Nov. 8, 2002) (ruling that an 18 year-old child living with his mother and her male domestic partner was not covered under the AAA insurance policy after suffering injuries while riding a motorcycle). Cracolice v. Metropolitan Community College, 2002 WL 31548706 (D.Neb., Nov. 15, 2002) (granting summary judgment to the public employer on a claim by a gay employee that he had been subjected to harassment and denial of promotion due to his sexual orientation). Crespo v. Schering Plough Del Caribe, Inc., 2002 WL 31496552 (U.S.Dist.Ct. P.R., Oct. 31, 2002) (granting defendant summary judgment in a rare female same-sex harassment case). Crockett v. Pastore, 789 A.2d 453 (Conn. Jan. 29, 2002) (grandmother not entitled to seek visitation, having not established parent-like relationship with her grandchild). Croshier v. Pacific Bell Telephone Co., (unpublished opinion) (Cal. App. 4th Dist., April 18, 2002) (reinstating the sexual harassment and discrimination suit brought by a lesbian field service technician) Cruise v. Davis (Calif., L.A. Co. Super. Ct., Elias, J., settlement, Dec. 2001) (Tom Cruise defamation against publisher who claimed he had evidence of gay affair between Cruise and porn star) (news report). Cruzan v. Special School District et al., 2002 WL 1339108 (U.S.Ct.App., 8th Cir., June 20, 2002)(affirming summary judgment against plaintiff who claimed that a hostile work environment was created when a male-to-female transgendered person was allowed to use the womens faculty bathroom). Currence v. City of Cincinnati, 2002 WL 104778 (6th Cir., Jan. 24, 2002) (not officially published) (rejecting challenge by gay male escort to city registration requirement for sex-related businesses). Dahle v. Titusville School Board (Pa. Ct. Comm. Pleas, settlement reported Jan. 18) (student same-sex harassment case). Davis v. Coastal International Security, Inc., 275 F. 3d 1119 (D.C.Cir., Jan. 11, 2002) (rejecting same-sex harassment claim, absent evidence plaintiff was selected for harassment because of his sex). Davis v. State of Texas, 68 S.W.3d 273 (Tex.Ct.App., Feb. 8, 2002) (affirming defendants conviction of securing execution of documents by deception (SEDD) and money laundering regarding fraudulently obtained policies procured from individuals who were HIV+ or had AIDS but concealed their illnesses and then sold to unsuspecting purchasers through a viatical settlement company owned by appellant). De La Campa v. Grifols America, Inc., 2002 WL 1269560 (Fla. App. Ct., June 26, 2002)(affirming the dismissal of a complaint filed by a lesbian against her employer and coworkers for employment discrimination and intentional infliction of emotional distress). Delbello v. Bilyeu, 560 S.E.2d 3 (Ga. Sup. Ct., Feb. 11, 2002) (rejecting argument by surviving legal heirs that surviving same- sex partner should not be allowed to inherit estate). Department of Health and Environmental Control, In Ex Parte v. Doe, 2002 WL 1306166 (S.C., June 17, 2002) (ruling that a state health department record of an individuals HIV test result was admissible in a criminal prosecution of the individual for knowingly exposing a victim to HIV). Depew v. Depew, Adoption of M.C.D, 2001 WL 1799554 (Okla.Civ.App., Div.3, Oct. 26, 2001)(ruling against an opposite- sex second parent adoption). Devescovi v. Ventura, 195 F.Supp.2d 1146 (Minn., March 20, 2002) (confirming the Minnesota sodomy law unconstitutional and binding on all counties) Devine v. Bd. Of Commissioners of Elkhart County, 2002 WL 31260942 (7th Cir., Oct. 7, 2002)(unpublished decision)(affirming summary judgment against a jail guard who claimed that he contracted HIV at work). Devlin v. City of Philadelphia, 2002 WL 1946133 (Pa., Aug. 29, 2002) (striking down a Philadelphia Code defining same-sex life partnership to be included within the concept of marital status such that discrimination on this basis would be forbidden within city limits). 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+). Dillard Department Stores, Inc. v. Gonzales, 72 S.W.3d 398 (Tex., March 7, 2002)(striking down a $5 million exemplary award to a heterosexual man who alleged intentional infliction of emotional distress claim after observing his supervisor put the make on another male employee). DiPierro v. Franzone, NYLJ, 1/29/02 (N.Y. Sup. Ct., Suffolk Co., Tanenbaum, J.) (Material factual issues in dispute preclude summary judgment on claim for AIDS phobia by housekeeper who sustained needlestick injury at work). Dix v. City of New York, 2002 WL 31175251 (S.D.N.Y., Sept. 30, 2002) (dismissing a case by two gay plaintiffs claiming discriminatory treatment by the City of New York after attempting to open a gay club in Manhattans garment district). Doe v. American Medical Pharmacies, Inc., 2002 WL 857766 (Mich. App. May 3, 2002)(unpublished per curiam opinion)(reversing a JNOV and reinstating a $100,000 jury verdict for slander, invasion of privacy and intentional infliction of emotional distress for a plaintiff whose claim was based on an improper and very public disclosure of his HIV+ status to a roomful of patients at his local medical clinic by a clinic employee). Doe v. Burkland, 2002 WL 31510758 (RI, Nov. 12, 2002) (reviving a gay palimony claim that was dismissed by the trial court on the ground that the alleged agreement arose from a meretricious relationship). Doe v. Chand, 2002 WL 31009312 (Ill.App., 5th Dist., Sept.. 4, 2002)(ordering a new trial to specify violations of the Illinios AIDS Confidentiality Act and to prove actual damages resulting from defendants public disclosure that Jane Does husband infected her with HIV). Doe v. City of Minneapolis, 2002 WL 31819236 (Minn.Ct.App., Dec. 17, 2002)(not officially published) (holding public officials and the government are immune from suit under the states Human Rights Act for discrimination that is not willful or malicious). Doe v. Department of Corrections of Michigan, 641 N.W.2d 269 (Mich.Ct.App., Dec. 28, 2001) (reversing and remanding a decision that held an amendment to the Persons with Disabilities Civil Rights Act (PWDCRA) did not retroactively apply to HIV+ prisoners' pre-enactment cause of action, and thus their claim was not barred after being denied placement in a community residential program). Doe v. Hillsborough County Hospital Authority, 2002 WL 1022054 (Fla.Dist.Ct.App., 2nd Dist., May 22, 2002) (holding that the entry of medical information (HIV+ status) into plaintiffs medical chart was constructive notice and his claim, filed just short of seven years after the HIV tests were administered, was barred by the two year statute of limitations). Doe v. Ventura, 2001 WL 543734 (Minn. App. Hennepin County, May 15, 2001) (not officially published) (summary judgment granted for plaintiff holding the Minnesota sodomy law unconstitutional as applied to private, consensual, noncommercial acts by consenting adults because it violates the right of privacy guaranteed by Minn. Constitution) Doe v. Yale University, 791 A.2d 727 (Conn Super. Ct., Oct. 13, 2000) (holding that a medical students negligence case over an HIV infection that resulted from a needle-stick was not transferable to a complex litigation docket). Dominick v. Index Journal Co., 2001 WL 1763977, 29 Media L.Rep 2329 (S.C.Com.Pl., March 15, 2001) (granting defendant's motion for summary judgment as to libel, intentional infliction of emotional distress, invasion of privacy and negligence regarding the publishing of a letter attributed to plaintiff advocating that the community be more receptive and open to gays and lesbians). Dossey v. Becton Dickinson & Co., 2001 WL 1636440 (N.D. Tex., Dec. 18, 2001) (question whether plaintiff was infected with HIV through occupational exposure is for the jury, not the court). Downey v. Muffley, 767 N.E.2d 1014 (Ill.Ct.App., May 15, 2002) (holding that there was no rational basis for an order prohibiting ex-wife from cohabiting with same-sex partner while living with her children). Du Toit & De Vos v. Minister for Welfare & Population Development, Case CCT40/01 (Sept. 10, 2002) (The Constitutional Court of South Africa, the nations highest court, ruled that existing laws that fail to authorize joint adoptions of children by same-sex partners violates the South African Constitution). Edwards v. United Air Lines, Inc., 2002 WL 122322 (N.D. Ill., Jan. 29, 2002) (HIV+ plaintiff has burden to request reasonable accommodations and engage in interactive process with employer in trying to figure out appropriate accommodations). Edwards v. Missouri State Bd. of Chiropractic Examiners, 2002 WL 553482 (Mo.Ct. App. W.D., April 16, 2002) (Chiropractor challenging an order of the State Board of Chiropractic Examiners which, based on findings of Administrative Hearing Commission (AHC), revoked his license to practice chiropractic as result of his treatment of HIV- positive hemophiliac patient, holding that AHC's denial of chiropractor's request for discovery of certain materials in disciplinary proceedings was reviewable on direct appeal). Emblen v. Port Authority of New York/New Jersey (S.D.N.Y., March 29, 2002) (unpublished opinion) (partially granting defendants motion for summary judgment holding that the doctrine of respondeat superior was not applicable but allowing trial to proceed on plaintiffs issue of whether posting of computer- altered depictions of plaintiff engaging in homosexual or sadomasochistic practices violates his civil rights under 42 USC 1983). Employment Division v. Smith, 494 U.S. 872 (1990) (applying laws of general application does not violate Free Exercise Clause even though they may have an incidental effect on religious practices). English v. Pohanka of Chantilly, 190 F.Supp2d 833 (U.S.Dist.Ct., E.D.Va., March 20, 2002) (rejecting an employees same-sex harassment claim stating that the plaintiff did not show that his male co-workers vulgar and obnoxious sexual comments, teasing and unwanted touching were directed at him because of his sex for the purposes of a Title VII sexual harassment claim). Equal Employment Opportunity Commission v. News and Observer Publishing Co., 2001 WL 1720200 (U.S.Dist.Ct., E.D.N.C., Aug. 10, 2001) (employee was not discharged because of anti-gay Christian views; employer had legitimate non-discriminatory reason for 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). Estate of Amos v. Vanderbilt University; see Amos, Estate of. Estate of Gardiner; see Gardiner, Estate of. Evans v. Bonner, 196 F. Supp. 2d 252 (U.S.Dist.Ct., E.D.N.Y., March 27, 2002) (judgment as a matter of law granted for defendant holding that the alleged untimely dispensing of inmate's medication did not constitute deliberate indifference with inmates serious medical needs in violation of the Eighth Amendment). Evans v. City of Berkeley, 2002 WL 31648768 (Cal.App.1st Dist., Nov. 25, 2002) (unpublished opinion) (upheld enforcement of a policy which forbids the city from subsidizing the activities of private groups, here the Sea Scouts a group chartered by the Boy Scouts of America, that discriminate based on sexual orientation or religion). Evans v. Nassau County, 184 F. Supp. 2d 238 (E.D.N.Y., Feb. 13, 2002) (refusing to dismiss prisoner claim that AIDS medications are not being provided on an appropriate schedule). Farmer v. Perrill, 275 F. 3d 958 (10th Cir. Dec. 26, 2001) (transsexual prisoners claims to lack of appropriate medical treatment in prison barred by prior judgment). Faulhaber, In re Marriage of, 2002 WL 1401066 (Ohio App., 11th Dist., June 28, 2002) (unanimously affirming the trial court and awarding permanent custody of two young boys to their father after their lesbian mother converted to Islam and decided to live with another woman who is a convicted sex offender). 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 doctors files which contained HIV-related patient information). Federal Maritime Commision v. South Carolina State Ports Authority, 2002 WL 1050457 (U.S. Sup.Ct., May 28, 2002)(holding by a 5-4 vote that the 11th Amendments sovereign immunity principles bar a private party from suing a state agency before a federal regulatory agency for violation of a federal statute). Fisher v. Gibson, 282 F.3d 1283 (U.S.Ct.App. 10th Cir., March 12, 2002) (holding that petitioner was prejudiced by counsels deficient performance that fell below objectively reasonable standards of professional attorney conduct, writ granted). Fitzgerald v. Ford Marrin Esposito Witmeyer & Gleser, L.L.P., 2002 WL 313225 (U.S.Ct.App. 2nd Cir., Feb. 27, 2002)(unpublished disposition)(reversing of a JNOV and reinstating a jury verdict for plaintiff in her Title VII hostile environment claim). 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). Florida, State of v. Levy (U.S.Dist.Ct., Ft. Lauderdale, Dec. 28, 2001) (sentencing rabbi for having sex with teenage boy). Flowers v. Southern Regional Physician Services, Inc., 286 F.3d 798 (U.S.Ct.App. 5th Cir., March 26, 2002) (affirming an employers liability for nominal damages but denying liability for attorneys fees for litigation brought by a HIV+ former employees action under the Americans with Disabilities Act (ADA)). Fotiades v. Beth Israel Medical Center, NYLJ, Feb. 1, 2001, p. 18, col. 1 (N.Y. Supreme Ct., N.Y. Co.) (Rejecting sexual orientation discrimination claim). Frazier v. Fairhaven School Committee, 276 F. 3d 52 (1st Cit., Jan. 9, 2002) (rationale of Oncale applies to same-sex harassment claim against public school system under Title IX, which forbids sex discrimination in educational programs that received federal financial assistance). Frazier, Commonwealth of Mass v., 2002 WL 31686231 (Ma.Ct.App., Nov. 27, 2002)(holding that the district court erred in granting Frazier a new trial after he alleged a videotape might be available to acquit him of an assault with intent to intimidate charge stemming from his perceived view of two women based sexual orientation). Fulk v. Fulk, 2002 WL 31248616 (Miss.Ct.App., Oct. 8, 2002) (reversing a lower court decision after finding that a mothers lesbianism had been unduly emphasized by the trial court in awarding custody to the father.). Garcia v. Garcia, 2002 WL 31538576 (Utah Ct.App., Nov. 15, 2002) (ruling that a formerly-married womans right to alimony was terminated when she began living with another woman in a sexual relationship). Gardiner, Estate of Marshall, 42 P.3d 120 (Kansas Supreme Ct., March 15, 2002) (post-operative male to female transsexual who obtained a new birth certificate in another jurisdiction was nonetheless to be considered male for purposes of Kansas marriage law, thus marriage between JNoel Gardiner and Marshall Gardiner was void and JNoel may not inherit by intestate succession), petition for certiorari pending. Gardiner v. Gardiner, No. 01-1853, 71 USLW 3002 (Oct. 7, 2002) (denying certiorari to a Kansas case (see Gardiner, Estate of Marshall, 42 P.3d 120) to decide on the merits a case regarding transsexual rights). Gay Guardian Newspaper v. Ohoopee Regional Library System, 2002 WL 31778780 (S.D.Ga., Nov 19, 2002)(rejecting a newspapers first amendment challenge that a library has the right to eliminate a free literature table in its lobby in response to patron complaints about the inclusion of local gay newspaper). Gay & Lesbian Advocates & Defenders v. Attorney General, 763 N.E.2d 38 (Mass. Sup. J. Ct., Feb. 21, 2002) (Declaratory judgment action seeking declaration that state laws against oral and anal sex dont apply to private, consensual adult activity did present an actual controversy and thus should be dismissed, but court clarifies prior precedents to make clear the declaration is unnecessary because laws do not apply to such activity). Georgetown v. Tran, 2002 WL 818079 (E.D.La., April 25, 2002) (dismissing a challenge to a federal magistrates decision denying an HIV+ prisoners legal challenge to his work classification). Gillen v. Fallon Ambulance Service, Inc., 283 F.3d 11 (U.S.Ct.App. 1st Cir., March 19, 2002) (vacating and remanding a decision against a genetic amputee with only one completely functioning arm who sued ambulance service under the American with Disabilities Act (ADA) for failing to hire her as emergency medical technician (EMT)). Goodrich v. Dept. of Public Health, Civ. Act. No. 2001-1647-A (May 7, 2002) (granting the states motion for summary judgment and holding that the question of whether same-sex couples should be able to marry in Massachusetts is a matter for the legislature). Goodridge v. Department of Public Health, 2002 WL 1299135 (Mass. Super. Ct., May 7, 2002) (granting summary judgment for the state in same-sex marriage suit). Goodwin v. United Kingdom (Application No. 28957/95) and I v. United Kingdom (application No. 25680/94), (July 11, 2002) (European Court of Human Rights unanimously upheld transsexuals rights to amend birth certificates and different-sex marriages in the United Kingdom). Gonzalez-El v. Michigan Dept. of Corrections, 2002 WL 393065 (Mich., March 12, 2002)(unpublished opinion)(ruling that a prisoners status could be labeled a homosexual predator). Gonzalez v. Massanari, 2002 WL 362759 (U.S.Dist.Ct., S.D.N.Y., March 6, 2002)(affirming a motion by the Commissioner of Social Security denying an HIV+ applicant Supplemental Security Income (SSI) disability benefits). Graves v. Warner, 2002 WL 31387764 (Mich.Ct.App., Oct. 22, 2002) (rejecting a jury award of $29 million to the surviving heir of Scott Amedure, a gay man murdered by Jonathon Schmitz three days after the two men participated in a taping of the Jenny Jones television talk show). Greene v. New England Deaconess Assoc., Inc., 2002 WL 31677209 (Ma.Super.Ct., Oct. 15, 2002) (not officially published)(refusing to grant defendant, employer, summary judgment on discrimination claim brought by plaintiff based on her sex and perceived sexual orientation). Grimm v. US West Communications, Inc., 2002 WL 868664 (Iowa Sup. Ct., May 8, 2002)(reinstating a lawsuit brought by a lesbian on various state grounds against her employer after suffering ongoing harassment and wrongful termination). Hagan v. Coca-Cola Bottling Co., 804 So.2d 1234, 26 Fla. L. Weekly S812 (Fla. Sup. 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). Halpern v. Canada (No.684/00) and Metropolitan Community Church of Toronto v. Canada (No. 39/2001), (http://www.sgmlaw.com/user- files/filesevent/file_1413620_halpern.pdf) (July12, 2002)(unanimously holding that the exclusion of same-sex couples from civil marriages is unjustifiable sexual orientation discrimination). Hamm v. Weyauwega Milk Products, Inc., 2002 WL 984816 (E.D. WI., May 9, 2002)(granting summary judgment to employer on a same-sex hostile environment harassment claim under Title VII). Hanna v. Turner, 735 N.Y.S.2d 513 (N.Y. App. Div., 1st Dept., Dec. 27, 2001) (affirming order holding New York City welfare agency in contempt for failure to comply with court order requiring prompt provision of suitable housing for homeless people with HIV/AIDS). Harlen Associates v. Incorporated Village of Mineola, 273 F.3d 494 (2nd Cir., (N.Y.)Nov. 16, 2001) (holding that equal protection guarantee also extends to individuals who allege no specific class membership, but are nonetheless subjected to invidious discrimination at the hands of government officials and that denial of a special permit did not violate owner's equal protection or substantive due process rights). Harris v. Department of Corrections, 2002 WL 462722 (Cal. App. 1st Dist., Mar 27, 2002) (unofficially published) (holding that the standards developed in federal sexual harassment litigation could be applied in a California Fair Employment and Housing Code context and that a male prison guard had pled sufficient facts to withstand a motion for summary judgment). Hawaii, State of v. Bani, 97 Haw. 285, 36 P. 3d 1255 (Haw. Supreme Ct., Nov. 21, 2001) (Hawaii version of Megans Law constitutionally flawed because defendants not given opportunity for hearing on whether public notification is appropriate in their case). Hawaii, In the Matter of _____, HCRC No.9951; EEOC No.37B-A0-0061 et al., D.R. No.02-0015 (June 28, 2002) (unanimously authorizing an investigation of transexual discrimination complaints on gender stereotyping theory in employment). Hawkins v. Bon Appetit Mgt. Co., 2002 WL 34039135 (D.Or., Oct. 22, 2002) (federal magistrate returned a hostile environment sexual harassment claim by a former employee of defendant to the Oregon state court over defendants objections). Hawkins v. Massanari, 2002 WL 379898 (D.D.C. March 8, 2002) (remanding a case for further fact-finding regarding an HIV+ applicants claim for disability benefits). 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). Heller v. Columbia Edgewater Country Club, 195 F.Supp.2d 1212 (U.S.Dist.Ct. Or., Mar 5, 2002) (denying summary judgment for employer and holding that city did not lack authority to enact ordinance making it unlawful to discriminate in employment on basis of sexual orientation and plaintiff claims were actionable under Title VII). Henault v. Castagna, 2002 WL 1335602 (D.Cal., 4th Dist., June 19, 2002)(rejecting a undue influence challenge to the last will and testament). Henrietta D. v. Giuliani, 246 F.3d 176 (2d.Cir., Apr. 9, 2001) (upheld trial courts 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 Citys administration of AIDS benefit programs). Henry, State of Ohio v., 2002 WL 31859460 (Ohio Ct. App., 7th Dist., Dec. 18, 2002) (affirming conviction for public indecency after defendant was caught masturbating in public restroom by a police surveillance camera). H.H., Ex parte, 2002 WL 227956 (Alabama Supreme Ct., Feb. 15, 2002) (lesbian mothers allegations that father engaged in child abuse failed to meet requirement for material change of circumstances to justify change of custody for minor children; concurring opinion by Chief Justice Moore asserts that gays are presumptively unfit to custody because homosexuality is inherently evil behavior). Higgins v. New Balance Athletic Shoe, Inc., 194 F.3d 252 (1st Cir. 1999) (upholding male sexual stereotyping claim under Title VII). 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). Housing Works, Inc. v. Kerik, 283 F.3d 471 (U.S.Ct.App, 2nd Cir., March 7, 2002) (reversing a lower courts ruling and holding that the City of NY may enforce its ban on electronic amplification at City Hall rallies). Hover v. Chapman, 2002 WL 31458296 (Cal.App. 4th Dist., Nov. 5, 2002) (affirming the trial court decision that the former life partner of a deceased life insurance policy holder had not made a sufficient showing that the sister of the deceased had unduly influenced the deceased to name her beneficiary of the insurance policy instead of former life partner). Hudson v. New York City, 271 F.3d 62 (2nd Cir., Nov. 1, 2001) (holding that individuals who directly engage in harassment could be liable if they were acting under the color of state law). Humphrey v. Appellate Division of Superior Court, 2002 WL 31740518 (Cal., Dec. 9, 2002) (unanimously ruling that a search warrant could be issued requiring HIV testing of a man accused of sexually abusing two girls based on mothers affidavit). Hutchins v. State of Texas, 2002 WL 31769017 (Texas Ct.App) (designated no publication) (affirming conviction of plaintiff who claimed self-defense in the nurder of an HIV+ woman). HX Magazine v. City of New York, 2002 WL 31040650 (S.D.N.Y., Aug. 13, 2002) (granting preliminary injunction against the City of New York to a gay publication and other co-plaintiffs from enforcing a 1939 statute concerning street distribution). Hyman v. City of Louisville, 2002 WL 31780201 (6th Cir., Dec. 9, 2002)(unpublished opinion)(dismissing an appeal for lack of jurisdiction brought by a gynecologist who opposed a Louisville ordinance banning sexual orientation and gender identity employment discrimination). Ianetta v. Putnam Investments, Inc., 183 F. Supp. 2d 415 (D. Mass., Jan. 29, 2002) (rejecting same-sex harassment case where male employee was called faggot and suffered retaliation for filing claim with state civil rights agency, because employer had legitimate, non-retaliatory reason for discharge). In the interest of Peter & George Hart, 2002 WL 1773607 (Del. Fam. Ct., Sept. 28, 2001) (approving a second-parent adoption by a gay man). J.A.L. v. E.P.H., 453 Pa. Super 78, 682 A.2d 1314 (Pa. Super. Ct. 1996) (in visitation context, court should protect psychological bond formed between child and third party). Janis C. v. Christine T., 742 N.Y.S.2d 381 (N.Y.App.Div., 2nd Dept., May 20, 2002) (former same-sex domestic partner lacks standing to seek visitation with former partner's child). Jegley v. Picado, 2002 WL 1453664 (Ark., July 5, 2002)(holding that the states same-sex sodomy law is unconstitutional as applied to private behavior by consenting adults). John Doe v. An Alabama School District, (June 2002) (civil rights suit filed by a closet gay teacher seeking damages after claiming of discharge simply because of his sexual orientation.) Jones v. Petersburg Dept. of Social Services, 2002 WL 15807 (Va. Ct. App., Jan. 8, 2002) (termination parental rights of HIV+ father with drug dependency problems). Joseph Aiello, In re. Debtor, 2002 WL 31496400 (E.D.N.Y., Nov. 4, 2002) (holding that debt incurred by plaintiff for medical expenses of his cohabitating domestic partner be treated the same as other personal expenses in evaluating a motion to dismiss regarding the U.S. Bankruptcy Trustee). Kansas, State of v. Limon, 2002 Kan. App. LEXIS 104 (Feb. 1) (not designated for publication) (rejects constitutional equal protection challenge to law under which consensual oral sex between male teens draws a substantially longer sentence that would same conduct involving teens of opposite sex; holds that gay sex lacks constitutional protection, so no equal protection challenge can be raised). Kantaras v. Kantaras (Fla. Cir. Ct., Pasco-Pinellas County) (ongoing litigation over visitation and custody rights of female- to-male transgender father to children conceived by wife whom he adopted during marriage). Keller v. Bennett, 2002 WL 975306 (N.D.,NY., Mar. 21, 2002) (unpublished opinion) (denying petition of habeas corpus for a man convicted of 2nd degree murder of an alleged gay man). Kemmer v. Beltrami County/Beltrami County Sheriffs Dept., 2002 WL 1348007 (D. Minn., June 18, 2002) (holding that a county police officer who allegedly twice solicited a gay teenager to give him a blow job may be liable to the youth for sexual abuse). Knee, People v., 2002 WL 31623598 (Cal.App., 5th Dist., Nov. 21, 2002) (not officially published) (unanimously upheld the first degree murder conviction of defendant who identified himself as gay or bi after he gunned down a man a church pantry who allegedly came onto him in the past). 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). Kosilek v. Maloney, 2002 WL 1997932 (D. Mass, Aug. 28, 2002)(requiring the Mass. Prison system as required by the constitution to provide adequate medical treatment to their prisoners suffering from gender identity disorder). Kressler v. Four Winds Hospital, 2002 WL 1300057 (S.D.N.Y., June 11, 2002) (granting the defendants motion to dismiss and holding that requesting the plaintiff to subject to an HIV test after a needle prick did not state a cause of action under the ADA). Kvartenko v. Ashcroft, 33 Fed.Appx. 262 (9th Cir., Feb. 6, 2002) (denying a Ukrainian citizens petition for review of his application for asylum regarding sexual orientation persecution). Labathe, People v., 2002 WL 31458258 (Cal.App., 5th Dist.., Nov. 5, 2002) (unanimously upheld the conviction of defendant who is HIV+ for assault with a deadly weapon by spitting). Lacey v. Lacey, 2002 WL 1614083 (Miss., July 23, 2002) (holding that the lesbian lover of non-custodial mother has equivalent visitation rights to straight males girlfriend). La Day v. Catalyst Technology, Inc., 2002 WL 1878750 (U.S.Ct.App., 5th Cir., Aug. 15, 2002) (reversing a dismissal of a same-sex harassment claim brought by a male employee based upon sex by virtue of his male supervisors apparent homosexuality and whether supervisor subjected employee to a hostile work environment). Lamaritata v. Lucas, No. 2D01-3293, (Fla. 2nd D.C.A., Aug. 16, 2002) (ruling that a sperm donor has no parental rights by virtue of Fla. Stats. Sec.742.14). Landry, Commonwealth of Mass. v., 2002 WL 31720886 (Ma., Dec. 6, 2002)(finding that participants in lawfully authorized needle- exchange programs in particular cities may not be arrested and charged with violating local laws when they travel outside those cities to other parts of the state). Lavoie v. MacIntyre, 2002 WL 318299064 (Conn.Super.Ct., Nov. 26, 2002) (not officially published)(ruling that plaintiff is entitled to a visitation schedule with the two children she was raising with her former partner prior to their break-up). Lawrence v. State of Texas, 41 S.W.3d 349 (Tex. Ct. App.14th Dist., March 15, 2001) (reversing the lower court and holding that defendants conviction under a Texas sodomy law did not violate the equal protection clauses or the Texas Equal Rights Amendment or constitutional privacy guarantees) (on Dec 2, 2002 the US Supreme Court announced that it will review this decision). Lemon v. Kurtzman, 403 U.S. 602 (1971) (to avoid 1st Amendment liability on religious grounds, govt action must have secular purpose, not have principal effect of advancing or inhibiting religion, and not lead to excessive government entanglement with religion). Lewis v. Harris, __ N.J. Super. ___ (N.J. Super.Ct., Hudson County Ch. Div., June 26, 2002) (first case filed by Lambda Legal Defense & Education Fund seeking injunctive relief against state officials who refused to provide marriage license applications to seven couples seeking same-sex marriages). Lewis v. Life Care Center of America, Inc., 2002 WL 14889602 (Tenn.Ct.App., July 12, 2002)(granting summary judgment to defendant after criminal charges were dropped by a female patient who falsely accused a nursing student of rape after learning she was a lesbian. Student originally claimed the her supervisor owed her a duty of care). Lie v. Sky Publishing Corp., 2002 WL 31492397 (Mass.Super., Oct. 7, 2002) (holding that a transgendered person who claims she was discharged because of her refusal to dress as a man at work could claim unlawful discrimination on account of sex and disability). Littleton v. Prange, 9 S.W.3d 223 (Tex.Ct.App., Oct. 27, 1999) (held as a matter of first impression that ceremonial marriage between a man and a transsexual born as a man, but surgically and chemically altered to have the physical characteristics of a woman, was not valid, and thus, transsexual lacked standing to bring claim as man's surviving spouse under wrongful death and survival statutes). Lofton v. Kearney, 157 F.Supp.2d 1372 (U.S.Dist.Ct., S.D.Fla., Aug. 30, 2001) (appeal by the ACLU challenging Floridas ban on gay people adopting children). Louisiana, In State of. v. Plaisance, 811 So.2d 1172 (La. Ct. App. 4th Cir., March 6, rehearing denied, April 16, 2002)(upholding a 2nd degree murder conviction of defendant in the shooting of an older gay man). Louisiana, State of v. Smith, 766 So.2d 501 (La. July 6, 2000) (right of privacy under state constitution does not extend to oral or anal sex between consenting heterosexual adults in a motel room). Louisiana Electorate of Gays and Lesbians, Inc. v. State of Louisiana, 806 So.2d 678 (La. Ct. App. 4th Cir., Nov. 14, 2001) (holding court has jurisdiction of states appeal in case challenging constitutionality of crime against nature statute). Louisiana Electorate of Gays and Lesbians, Inc. v. State of Louisiana, 812 So.2d 626 (La. Sup. Ct., March 28, 2002) (vacating and transferring trial court decision for failure to follow State law that the privacy clause of the Louisiana Constitution does not protect oral and anal sex). Louisiana Electorate of Gays and Lesbians, Inc. v. State of Louisiana, 2002 WL 31667973 (La. Ct. App. 4th Cir., Nov. 20, 2002) (holding that La. R.S. 14:89, the states Crime Against Nature Statute is constitutional). Lovell v. Comsewogue School District, 2002 WL 1869991 (E.D.N.Y., Aug. 15, 2002) (rejecting defendants dismissal motion and ruling that discovery proceed regarding out lesbian teachers equal protection suit against school district alleging improper action and inaction in response to anti-gay harassment). Low v. Golden Eagle Insurance Co., 2002 WL 31598843 (Cal.App., 1st Dist., Nov. 20, 2002)(not officially published) (affirming that an insurance company in liquidation did not have a contractual obligation to defend its insured, an employer, against defamation and invasion of privacy claim brought by a supervisory employee against the employer arising out of a radio broadcast during which the supervisors sexual orientation and positive HIV status was discussed). L.S.K. v. H.A.N., 2002 WL 31819231 (Super.Ct.Pa., Dec. 17, 2002) (unanimously finding that the responsibility to pay child support goes along with the right to custody and visitation regaring a lesbian co-parent who lives in Pa and must regular child support payments to her former partner who now lives in California). Luke, In Re Adoption of v. State of Nebraska, 263 Neb. 365 (March 8, 2002) (holding that second-parent adoptions were not permitted under Nebraska state law). Mack v City of Detroit, 467 Mich. 186 (July 31, 2002) (ruling that a lesbian formerly employed as a police officer cannot enforce rights of freedom from sexual orientation discrimination in the workplace by suing the city and its police department in state court). Malena v. Marriott International, Inc., 2002 WL 31268461 (Nb., Oct. 11, 2002)(reversing a $200,000 jury verdict against Marriott in favor of a woman who claimed she sustained emotional injury, partly due to fear of having contracted HIV-infection, after being stuck by a foreign needle and syringe in her hotel room in 1994). Mantooth v. American National Red Cross, 253 Ga.App. 587 (Ga.App., Feb. 6, 2002) (holding that a woman cannot recover for emotional distress without proving she was actually infected with HIV). Manuel S., In re, 2002 WL 1970236 (Cal.Ct App., 4th Dist., Aug. 26, 2002) (unpublished opinion) (ruling that a 17-year-old recent immigrant who forced himself sexually on a 12-year-old girl must submit to an HIV test). Marchi v. Board of Cooperative Educational Services of Albany, 173 F. 3d 469 (2nd Cir. 1999) (state-compensated interpreter for deaf student at parochial school does not violate Establishment Clause because interpretation is neutral). Mario v. P&C Food Markets, Inc., 2002 WL 31845877 (2nd Cir., Dec. 20, 2002)(unanimously holding that gender reassignment surgery is merely cosmetic and not medically necessary and thus upheld the refusal of an employee benefits plan to cover the costs of such procedures). 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. Floral Telephone Servs., Inc., 2002 WL 1376231 (Cal.App., 2nd Dist., June 26, 2002) (granting defendant summary judgment after plaintiff could not establish a prima facie case alleging disability discrimination and retaliatory firing). Martin v. City of Gainesville, 800 So. 2d 687 (Fla. Dist. Ct. App., 1st Dist., Nov. 30, 2001) (rejecting challenge to city domestic partnership ordinance). Martin v. New York State Dept. of Correctional Servs., 2002 WL 31133238 (N.D.N.Y., Sept. 26, 2002)(holding that in order to sustain a federal sexual harassment claim, a homosexual man must demonstrate that he acts, or is even perceived to act, in an effeminate maneer). Martinez v. City of Schenctady, 97 N.Y.2d 78 (Ct.App., Nov. 19, 2001) (affirming arrestees alleged constitutional violations did not support a tort claim, a malicious prosecution claim or a false imprisonment claim). Massachusetts, Commonwealth of v. Collins, 54 Mass.App.Ct. 1109 (Mass. App. Ct., April 3, 2002) (rejecting claims of error below and defendants argument that a kiss cannot be an indecent assault because it did not involve unwanted touching of private parts). Massachusetts, Commonwealth of v. Harris, 761 N.E.2d 1012 (Mass. App. Ct., Feb. 1, 2002) (not officially published) (upholding conviction of aggressive gay cruiser). Massachusetts, Commonwealth of v. Jaynes, 2002 WL 1340242 (Mass. App. Ct., June 21, 2002) (upholding a 2nd degree murder conviction and kidnapping charge against a pedophile after attempting to interest a 10-year-old boy in having sex ended tragically in the boys death). Massachusetts, Commonwealth of v. Wise, 54 Mass.App.Ct. 1102 (Mass. App. Ct., Feb 23, 2002) (upholding a conviction of a night custodian who allegedly distributed obscene material an material harmful to minors). McDonald v. McDonald, 2002 WL 31170188 (Miss.Ct.App., Oct. 1, 2002)(granting a lesbian custody of her children after her husband had custody and defied visitation orders to the point of contempt of court in order to prevent his two younger from seeing their mother). McKelvey v. Pierce, 2002 WL 1466823 (N.J., June 10, 2002)(reversing and holding that a man was entitled to pursue his contract and tort claims against a group of Catholic priests and the Archdiocese of Camden, based on allegations of same-sex harassment while in training for the priesthood). Melzer v. Board of Education of the City of New York, 196 F.Supp.2d 229 (U.S.Dist.Ct., E.D.N.Y., Feb. 26) (Board of Education did not violate First Amendment rights of teacher discharged due to his active membership in North American Man Boy Love Association (NAMBLA)). Menchaca v. American Medical Response of Illinois, Inc., 2002 WL 48073 (N.D.Ill., Jan. 14, 2002) (evidence of anti-lesbian slurs is admissible and probative of intent in Title VII termination case alleging sex discrimination). Miguel v. Guess, 2002 WL 1578749 (Wash., July 18, 2002) (holding a discharged lesbian public employee can invoke the Equal Protection Clause of the US Constitutions 14th amendment to ground her discrimination claim against a public hospital). Minichiello v. The Supper Club, 745 N.Y.S.2d 24 (N.Y.App.Div. 1st Dept., July 18, 2002) (unanimously reversing a grossly excessive damage reward and reversing for a new trial a jury verdict for a gay former employee who sued his former employer for sexual orientation discrimination). Missouri, State of 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). Missouri, State of v. Moss, 2002 WL 1326053 (Mo.Ct. App., E.D., 2nd Div., June 18, 2002) (upholding the conviction of defendant for recklessly exposing his former girlfriend to HIV without her knowledge and consent through unprotected sex). Montalbano v. Tri-Mac Enterprises, 236 A.D. 2d 374, 652 N.Y.S.2d 780 (N.Y.App.Div., 2nd Dept., 1997) (establishing standards for determining AIDS panic cases). Moran v. Fashion Institute of Tech., 2002 WL 31288272 (S.D.N.Y., Oct. 7, 2002) (federal magistrate recommended that summary judgment be granted to the defendant in a same-sex sexual harassment case). Morenz v. Progressive Insurance Co., 2002 WL 1041760 (Ohio Ct. App., 8th Dist., May 23, 2002)(holding that an employee did not suffer an actionable invasion of privacy when a co-worker asked him if he was gay). Morgan v. Grzesik, NYLJ, Dec. 24, 2001 (N.Y.App.Div., 4th Dept., Nov. 9, 2001) (rejecting constitutional challenge to state law authorizing grandparents to sue for visitation; court finds state law sufficiently distinguishable from Washington state statute struck by Supreme Court in Troxel v. Granville to survive review). Morris v. Director, Ohio Dept. of Job & Family Servs., 2002 WL 31170458 (Ohio Ct.App. 7th Dist., Sept. 25, 2002)(slip copy not officially published)(affirming a decision by the states Unemployment Compensation Review Commission that plaintiff did not have cause to quit her job, premised on alleged HIV-related harassment by fellow workers). Mueller v. Commissioner of Internal Revenue, 2002 WL 1401297 (U.S. Ct.App., 7th Cir., June 26, 2002) (holding that the Internal Revenue Code does not violate the constitution by denying plaintiff and his domestic partner the right to file jointly and benefit from the standardized deduction for married couples). Nabb v. United States, 2002 WL 1268032 (N.D.Tex., May 31, 2002) (concluding sympathetically that while plaintiffs were unquestionably sincere that it is not uncommon for family members to have higher expectations than an objective person concerning the quality of care of their loved ones). National Railroad Passenger Corp. V. Morgan, 122 S.Ct. 2061 (U.S., June 10, 2002) (clarifying how lower courts should apply the statute of limitations in various types of employment discrimination cases). Nebraska, People of v. Van, 2002 WL __________ (Neb., July 16, 2002) (not yet published) (convicting defendant on five felony counts arising from what seems to have begun as a consensual sadomasochistic activity). New Jersey, State of 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). New York, People of v. Marino (N.Y. Supreme Ct., Bronx Co., Jan. 2002) (conviction for murdering gay man). New York, People of v. OBrien (N.Y. Supreme Ct., Albany Co., Dec. 2001) (sentencing HIV+ man to 20 years for having sex with two boys) (news report). Nicholas H., In re, 2002 WL 1225026 (Cal., June 6, 2002)(ruling that a man who had been the domestic partner of a boys mother when the child was born, but who was not related to the boy, was entitled to custody in a situation where the biological father of the boy was not in the picture). Nielson v. Thomas, 2002 WL 1379186 (Ariz. Ct. App., June 27, 2002) (unanimously ruling that Arizonas statutory framework does not permit two people of the same gender to have custody of a child, if only one of the two parents is the legal (i.e. biological or adoptive) parent of the child, even if both parents raised the child together). Northcutt v. Oklahoma City-County Board of Health, No. CJ-98-4016- 66 (Okla. Co. Dist. Ct., Jan. 27, 2001) (awarding $1.4 million damages on negligence claim against city clinic for false report of HIV transmission). Ogden v. Keystone Residence, 2001 WL 31299598 (M.D.Pa., Oct. 10, 2002) (ruling that an openly-gay male supervisors sexually oriented remarks to a female employee did not create a hostile work environment). Ohio, State of v. Thompson, 95 Ohio St.3d 264, 767 N.E.2d 251 (Ohio Sup. Ct., May 15, 2002)(declaring Ohios anti-solicitation statute unconstitutional). Oiler v. Winn-Dixie Louisiana, Inc., 2002 WL 31098541 (E.D.La., Sept. 16, 2002)(holding that Title VII of the Civil Rights Act of 1964 does not apply to discrimination against cross-dressers). Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75 (1998) (Title VII forbids same-sex harassment when the victim is subjected to harassment because of sex). Onishea v. Hopper, 171 F.3d 1289 (11th Cir. 1999) (rejecting disability law challenge to segregation of HIV+ prisoners and their exclusion from a wide range of prison activities). Paps A.M. v. City of Erie, 2002 WL 31846311 (Pa., Dec. 19, 2002) (ruling that a city ordinance banning all public nudity violates the freedom of expression under Art.I 7 of the Pa. Consitutution). Pardo v. General Hospital Corporation, 2001 WL 1772030 (Mass. Super. Ct., Nov. 6, 2001) (rejecting an attempt by defendants, Harvard Medical School to dispose of a sexual orientation discrimination claim by a doctor who asked for time off to care for a sick same-sex partner). Pedreira v Kentucky Baptist Homes for Children, Inc., 186 F.Supp.2d 757 (U.S.Dist.Ct., W.D.Ky., July 23, 2001) (held that defendants policy prohibiting employment of people living a homosexual lifestyle did not constitute religious discrimination in violation of Title VII, or of the Kentucky Civil Rights Act; although complaint stated claim for violation of First Amendment establishment clause). People v. Clayton, 2002 WL 31058331 (Mich.App., Sept. 13, 2002)(not officially published) (affirming a jury verdict of sexual penetration by an HIV-infected person with an uniformed partner, a felony, against defendant). People v. Hall, 124 Cal. Rptr.2d 806 (Cal.Ct.App., 5th Dist., Sept. 5, 2002)( holding that sweat transmitted from a criminal defendant to peace officers attempting to restrain him sufficient evidence to compel a defendant to submit to AIDS testing). People v. Payne, 2002 WL 31732695 (Cal.Ct.App., Dec 6, 2002)(finding a prosecutors use of preemptory challenge against a juror who appeared to be gay did not violate a criminal defendants constitutional rights). People v. Slack, 2002 WL 198714 (Cal.Ct.App., 5th Dist., Aug. 27, 2002)( finding no probable cause to order defendant to submit to AIDS testing after having been found guilty of lewd and lascivious behavior by touching the genitals of a five-year-old girl). People v. Zuniga, 2002 WL 31054113 (Cal.App.,6th Dist., Sept. 16, 2002)(not officially published) (upheld the 2nd degree murder conviction of a gay man for the murder of another gay man living in defendants apartment). Pettigrew v. Putterman, 2002 WL 1059067 (Ill.App.Ct., 1st Dist., May 28, 2002)(reversing summary judgment and remanding for trial tort claims by a nurse who claimed emotional distress damages for fear of contracting HIV based on an accident in the operating room at Michael Reese Hospital). Pettway v. Detroit Judicial Council, 2002 WL 652125 (Mich. Ct. App., April 19, 2002)(unofficially published) (affirming the trial court and granting summary disposition to the Judicial Council and the City that because the Detroit Human Rights Ordinance applies to only discriminatory conduct by employers and plaintiff is not an employee of defendant). Petty v. Goord, 2002 WL 31458240 (S.D.N.Y., Nov. 4, 2002) (dismissing plaintiffs claim alleging that the NYS Dept. of Correctional Services disclosure of plaintiffs HIV+ condition violated his rights to privacy and freedom from cruel and unusual punishment under constitutional and state law and holding qualified immunity of government official to liability for such acts). 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). Pollock v. State of Florida, 2002 WL 1284671 (Fla.App.3rd Dist., June 12, 2002)(ordering a new trial for plaintiff who claimed self-defense but was convicted of manslaughter in the killing of a gay man). Price v. Blood Bank of Delaware, Inc., 790 A.2d 1203 (Del., March 4, 2002)(reargument and rehearing denied regarding wrongful death action against blood bank, alleging negligence in the screening & testing of blood donors after patient (now deceased) contracted the HIV virus following a blood transfusion for acute anemia). Prince v. Out Publishing, Inc., 2002 WL 7999 (Cal. App., 2nd Dist., Jan. 3, 2002) (not officially reported) (man pictured in magazine articles about hot circuit parties where drugs were used does not have defamation claim against gay magazine). Project Inform v. Swindell, 2002 WL 31677174 (Cal.App. 1st Dist., Nov. 27, 2002) (upholding injunction that barred specified members of ACT-UP/SF from coming within 100 yards of employees of the organization). Pubill-Rivera v. Curet, 2002 WL 1414089 (U.S.Dist.Ct., D.P.R., May 31, 2002) (holding that a systematic failure and deliberate indifference to the medical needs of prisoners with HIV can only merely amount to potential negligence). Quick v. Bond, 2002 WL 31689723 (Cal.Ct App. Dec.2, 2002) (Upheld the validity of a civil restraining order that was issued against a Santa Rosa woman for harassing her neighbors with homophobic epithets and other menacing conduct). Quinn v. Nassau County Police Dept., 53 F.Supp.2d 347 (E.D.N.Y., June 28, 1999) (holding that sexual orientation discrimination may be the basis for an equal protection claim). Rasmussen v. Unruh, 2002 WL 1072059 (Bankr. D.Minn., May 8, 2002)(granting plaintiffs motion as a creditor to reject defendants bankruptcy petition on grounds that it had materially misstated his assets and debts). Rene v. MGM Grand Hotel, Inc., 305 F.3d 1061 (9th Circ., Sept. 24, 2002)(ruling that a gay man may sue his employer for sexual harassment by fellow male employees under Title VII of the Civil Rights Act of 1964). Robles v. Senkowski, 2002 WL 441153 (S.D.N.Y., March 21, 2002) (denying a petition for habeas corpus for a man convicted of 2nd degree murder whose defense was that he was fending off an attempted homosexual rape). Roe v. City of New York, 2002 WL 31599522 (S.D.N.Y.); L.B. v. Town of Chester, 2002 WL 31599521 (S.D.N.Y., Nov. 19, 2002) (a pair of rulings that found law enforcement officers in New York City and the town of Chester (Orange County) were improperly arresting needle-exchange program participants for possession of hypodermic works and trace elements of drugs). Romer v. Evans, 517 U.S. 620 (1996) (state constitutional amendment forbidding state from forbidding discrimination against homosexuals is prima facie equal protection violation). Rosengarten v. Downes, 2002 WL 1644548 (Conn., July 30, 2002) (affirming sua sponte that Connecticut lacks subject matter jurisdiction over dissolutions of Vermont Civil Unions). Rosencrantz, In re, 95 Cal. App. 4th 358, 116 Cal. Rptr. 2d 69 (Cal. Ct. App., 2nd Dist., Jan. 18, 2002) (Under law of the case doctrine, there was no evidence to support the governors decision to reverse the parole boards recommendation that Robert Rosencrantz, a gay man convicted of murdering another man who had outed and taunted him shortly after his high school graduation, be paroled from prison). Rosencrantz, In re, 2002 WL 31802385 (Cal., Dec. 16, 2002) (Upholding Gov. Gray Daviss refusal to allow Robert Rosencrantz out on parole). Roth v. Weston, 259 Conn. __ (Ct. Sup. Ct., Jan. 29, 2002) (setting standards for determining third-party child visitation rights). Russell v. Bridgens, 264 Neb. 217 (Neb., June 28, 2002) (reversing the trial court which granted summary judgment against a lesbian co-parent who was seeking custody and visitation rights on the basis of an out-of-state co-parent adoption order). Sampson v. Rubin, 2002 WL 31432701 (U.S.Dist.Ct., Ma., Oct. 29, 2002) (holding that an HIV+ attorney cannot collect damages arising out of an employers failure to notify him that it had terminated its long term disability insurance plan). San Francisco AIDS Foundation v. Best 2002 WL 31677132 (Cal.App. 1st Dist., Nov. 27, 2002) (upholding injunction that barred specified members of ACT-UP/SF from coming within 100 yards of employees of the organization). Santiago A. v. Pamela A., 2002 WL 31453319 (Del.Fam.Ct., July 10, 2002) (ordering a fathers visitation schedule to be extended in order to gradually introduce his life partner to his children). School Board v. Arline, 480 U.S. 273 (1987) (first Supreme Court ruling on applicability of disability discrimination law to contagious conditions; adopts methodology for determining whether a condition presents a significant risk to others). Schmidt v. Louisiana, 70 USLW 3444 (March 4, 2002) (decision below reported at 771 So.2d 131) (denying centiorari for a doctor who attempted to murder his over by injecting her with blood tainted with HIV & hepatitis C.). Schroeder v. Hamilton School District, 282 F3d 946 (U.S.Ct.App. 7th Cir., Mar. 11, 2002) (holding that a Wisconsin school district did not violate the federal equal protection rights (under 42 USC 1983) of a public school teacher who was harassed based on sexual orientation). Seitzman v. Sun Life Insurance Co. of Canada, 2002 WL 31545075 (2nd Cir., Nov. 14, 2002) (awarding insurance company legal fees for having to defend against a disability benefits claim filed in bad faith by plaintiff, an HIV+ doctor). 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). Shaw, People v., 2002 WL 31589935 (Cal.App., 2nd Dist., Nov. 12, 2002) (not officially published) (unanimously upheld the 50-years- to-life prison sentence of defendant for the murder of his former lover). Sinclair v. Sinclair, 804 So.2d 589 (Fla. Ct. App., 2nd Dist., Jan. 18, 2002) (court rejects lesbian mothers petition for change of custody upon imprisonment of her ex-husband; found best interest of children served in remaining with their grandmother, who had raised them and formed psychological bond with them, rather than with mother and her same-sex partner). Smith v. Bayer Corporation, 2001 WL 1660064 (Cal. Ct. App., 2nd Dist., Dec. 28, 2001) (jury question whether hemophiliac plaintiffs knew enough about the possible source of their HIV infection to start time running on statute of limitations). Smith v. Mission assoc. Ltd. Pship, 2002 WL 31260439 (Dist.Ct. Ks., Oct. 4, 2002)(while noting that anti-gay epithets could contribute to a hostile housing environment, the federal district court in Kansas reiterated that sexual orientation is not actionable under the Fair Housing Act or 42 USC 1982). Solomons v. Transition Team (Mich., Oakland Co. Cir. Ct., Mester, J., Jan. 2002) (court rejects sex discrimination claim by plaintiff claiming to be intersexual). Speed v. Robins, 732 N.Y.S.2d 902 (N.Y.App.Div., 2nd Dept., March 21, 2002)(leave to appeal denied, 2002 N.Y. Lexis 891)(affirming a lower court order rejecting a visitation suit filed by a lesbian co-parent.). State v. Yonts, 2002 WL 31007957 (Mo.App.S.D., Sept.. 6, 2002)(unpublished opinion) (holding that a trial courts error, allowing testimony about how the defendant first contracted HIV before the jury, did not prejudice the outcome of his trial for recklessly exposing another to HIV.). Swidriski v. Houston Police Department (U.S.Ct.App., 5th Cir., Dec. 15, 2001) (news report) (rejecting suit by mother of gay man who was murdered after being denied protective services by the police deparmtment). 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 childs life). T-Up, Inc. v Consumer Protection Division, 2002 WL 1377794 (Md.Ct.Spec.App., June 26, 2002) (upholding the orders against the company and its co-founders and operators for marketing a snake-oil claiming it cured all immune system problems). 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). Tennessee, State of v. Harvey, 2002 WL 1162346 (Tenn.Crim.App., May 31, 2002) (affirming a conviction and consecutive sentences of a 24-year-old parolee who knowing that he was HIV+ and that his sex partner was only 14 years old, had unprotected sex with her). Tenney v. General Electric Co., 2002 WL 1305990 (Ohio App., 11th Dist., June 14, 2002)(summary judgment to defendant after plaintiff failed to state a claim upon which relief can be granted for intentional infliction of emotional distress). Tester v. City of New York, 1997 WL 81662 (S.D.N.Y., Feb. 25, 1997) (unofficially published) (sexual orientation may be the basis for an equal protection claim). Texas, State of v. Embree (Jury Trial, Dec. 6, 2001) (imposing life sentence on murderer of gay professor with whom teenage defendant had sex) (news report). This That an the Other Gift and Tobacco, Inc. v. Cobb County, Georgia, 285 F.3d 1319 (U.S.Ct.App., 11th Cir., Mar. 18, 2002) (denying owners motion for preliminary injunction, the Court of Appeals held that Georgias statute making it a crime to advertise or distribute sex toys may be unconstitutional). Thomas v. Bynum, 2002 WL 31829509 (Texas Ct.App, Dec. 18, 2002) (not designated for publication)(holding that as long as homosexual sodomy is a crime, it will be per se defamatory to falsely call someone a queer). Thomas v. Doyle, 2002 WL 857758 (U.S.Ct.App.,7th Cir., May 2, 2002)(unpublished disposition)(holding that plaintiff could not remedy his failure to exhaust by filing an untimely appeal and is foreclosed from litigating his case involving alleged harsher treatment for sexual conduct while in prison). Thomas v. New Commodore Cruise Lines Ltd., Inc., 202 F.Supp.2d 1356 (U.S. Dist.Ct., S.D.Fla., May 22, 2002)(granting summary judgment to defendant and holding that an HIV+ seaman was not entitled to maintenance and cure under maritime law). Thompson v. Vivra Renal Care, Inc., 2001 WL 1704243 (Tenn. Sup. Ct. Sp. Workers Comp. App. Panel, Dec. 11, 2001) (employee who was misinformed that she had tested HIV+ due to occupational exposure suffered a compensable, work-related disability based on the psychological impact affecting her ability to work). Timothy Walton, In re, 2002 WL 1376021 (Cal.Ct.App., 2nd Dist., June 26, 2002) (denying a petition for a writ of habeas corpus and rejecting an argument that returning a 1973 escaped prisoner who is now an HIV+ middle-aged man would violate the constitutional ban on cruel and unusual punishment). Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 122 S.Ct.681 (Jan. 8, 2002) (Under ADA, to have a disability, an individuals impairment must substantially limit their performance of major life activities, with major life activities being defined to be those activities characteristic of the average persons daily life; substantial limitations on particular job- related tasks are not sufficient to meet the statutory definition; carpal tunnel syndrome was thus not a disability in this plaintiffs case). Tripp v. Hinckley, 736 N.Y.S.2d 506 (N.Y.App.Div., 3rd Dept., Jan. 17, 2002) (gay male sperm entitled to seek increased visitation with child born to lesbian mother using his sperm; biological fathers rights not limited by agreement with lesbian couple, no waiver or estoppel found). Troxel v. Granville, 530 U.S. 57 (2000) (state law allowing any third party to petition for child visitation without giving any particular weight to preferences of childs biological parents violates due process rights of parents). Turner v. Calderon, 281 F.3d 851 (9th Cir., Feb. 12, 2002) (rejecting habeas petition from convicted murderer who sought to invoke gay panic defense). Two Queens, Inc. v. Scoza, 2002 WL 1424583 (N.Y.App.Div., 1st Dept., July 2, 2002) (holding that a pre-discovery motion to dismiss could not be issued because an issue of alleged anti- competitive practice regarding a non-compete employment clause needed to be decided between a former employee of HX after he started to work for Next magazine). Tyma v. Montgomery County, 2002 WL 1307482 (Md.Ct.App., June 14, 2002)(upholding the validity of Montgomery Countys ordinance that provides domestic partnership benefits for the same-sex partners of county employees). Ulane v. Eastern Airlines, 742F.2d 1081 (7th Cir. Aug. 29, 1984) (rejecting a claim that the discharge of a pilot who had a sex- reassignment procedure violated Title VII). United Nations Human Rights Committee (Communications No.902/1999: New Zealand, CCPR/C/75/D/902/1999) (July 30, 2002) (holding that New Zealand did not violate two lesbian couples rights by denying them marriage licenses under the U.N.s International Covenant on Civil and Political Rights). United States v. Cain, 2002 WL 31367434 (A.Ct.Crim.App., Oct. 21, 2002) (affirming the conviction of defendant on two counts of indecent assault). United States v. Falkowitz, 2002 WL 1827809 (S.D.N.Y., Aug. 7, 2002) (rejecting defendants request for dismissal regarding a fraudulent scheme involving viatication of life insurance policies purchased by people with HIV). United States v. Filipkowski, 2002 WL 496453 (Air Force Ct.Crim.App., March 29, 2002) (unofficially published) (affirming the sentence of dismissal of a Captain from the Air Force, two years confinement and total forfeiture of pay and allowances for using a facility of interstate commerce (computer instant messaging) to attempt to persuade, induce, entice, or coerce a person under 18 to engage in sexual activity). United States v. Nelson & Houghton, 2002 WL 463321 (9th Cir., March 5, 2002) (unofficially published) (holding that a conviction for possession of child pornography was not tainted by the admission of gay pornographic computer graphic files). Valdez v. Clayton Industries, Inc., 2002 WL 31769424 (Cal.Ct.App.,2nd Dist., Dec. 11, 2002) (not officially published) (holding that plaintiffs same-sex harassment case could be litigated since he sued just less than a year after being discharged by employer). Veney v. Wyche, 293 F.3d 726 (U.S.Ct.App., 4th Cir., June 18, 2002) (ruling against an equal protection challenge to a prisons alleged policy of denying all requests by gay male prisoners to be housed in a double-occupancy cell). Viruet v. Citizen Advice Bureau, 2002 WL 1880731 (Aug. 15, 2002) (granting defendants summary judgment motion and dismissing plaintiffs employment discrimination lawsuit). 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 v. National Revenue Corp., 2002 WL 1787983 (U.S.Ct.App., 6th Cir., Aug. 1, 2002) (unpublished disposition)(affirming summary judgment against a gay man who claimed he was sexually harassed in violation of Title VII by a former female supervisor). Washington, State of v. France, 2002 WL 490817 (Wash.App. Div. 2, March 29, 2002)(unpublished opinion) (quashing an order for a man found guilty for possession of methamphetamine to submit to HIV- testing because trial court never made specific finding whether the drug-related offense was associated with the use of hypodermic needles). Waddell v. Bhat, 2002 WL 31109005 (Ga.Ct.App., Sept. 24, 2002)(ruling in a case of first impression that a doctor who performed an HIV test for a dental hygienist who was his patient had a right to notify the hygienists employer of the positive test result, over objections by the hygienist). Weaver v. Tennessee Army National Guard, 2002 WL 358776 (U.S.Ct.App. 6th Cir., March 5, 2002)(unpublished disposition)(rejecting plaintiffs appeal and stating that military personnel may not bring a Title VII action in a civilian court). Werner v. Tiffany & Co., 738 N.Y.S.2d 326 (App.Div 1st Dept., Feb. 21, 2001)(finding a law offices failure was a reasonable excuse to reverse a denial by the lower court to restore to the trial calendar a employees motion alleging discrimination based on perceived sexual orientation). West v Commissioner of Internal Revenue, T.C.Summ. Op. 2002-30, 2002 WL 1842519 (U.S.Tax. Ct., Apr. 1, 2002) (ruling that a withdrawal from an IRA by a person with AIDS seeking a job that would provide uncapped health benefits did not qualify for a disability exemption from the 10% tax penalty imposed on early withdrawals). West v. Mt. Sinai Medical Center, 2002 WL 530984 (S.D.N.Y., April 9, 2002) (granting defendant summary judgment holding that female plaintiffs sexual harassment claim devoid of evidence regarding plaintiffs female supervisor making unwanted sexual advances). West v. Oxo Chemie, Inc., 2002 WL 31716540 (Cal.Ct.App., 1st Dist., Div. 5, Dec. 4, 2002) (not officially published)(affirming dismissal involving a mans breach of privacy claim when a drug company reported his HIV status to employer). Whitmire v. State of Arizona, 2002 WL 1832015 (U.S.Ct.App.,9th Cir., Aug. 12, 2002) (ruling an Arizona state prison inmate can maintain a lawsuit challenging the constitutionality of a prison policy that prohibits same-sex affection during visits). Wiggins v. Corcoran, 288 F.3d 629 (U.S.Ct.App., 4th Cir., May 2, 2002)(reversing and holding that there was sufficient evidence to support a capital murder conviction and defense counsel was not ineffective for failing to develop social history exposing petitioners harsh childhood and sub-average mental capacity). Wilder v. U.S.A., Covenant House, Inc., Covenant House Health Servs., Inc. & Dr. Trinka Luzinski, 2002 WL 31492264 (U.S.Dist.Ct., E.D.Pa., Nov. 2002) (memorandum decision) (dismissing plaintiffs claim for alleged negligence and emotional injury after being misdiagnosed with HIV). Wilburn v. McMahon, 2002 WL 1690423 (N.Y.A.D., 3rd Dept., July 25, 2002) (affirming the firing of a male state trooper for cruising two male college students while on duty). Willets v. Interstate Hotels, LLC, 2002 WL 1023067 (U.S.Dist.Ct., M.D.Fla., May 6, 2002)(granting summary judgment to employer after employee failed to show sufficient evidence to support a hostile environment claim under Title VII). Williams v. Pryor, 2002 WL 31296617 (N.D.Ala., Oct. 10, 2002) (holding that the right to use vibrators and dildos in the context of consensual adult relationships is protected by the Constitution and striking down a law making it a crime to sell such devices in Alabama). Wilson v. Petersburg Dept. of Social Services, 2002 WL 15808 (Va. Ct. App., Jan. 8, 2002) (termination parental rights of HIV+ father with drug dependency problems). Wisconsin v. Yoder, 92 S.Ct. 1526 (Wis., May 15, 1972) (holding that religious beliefs can hold Amish teenagers immune from a state compulsory school attendance law).