Lesbian/Gay Law Notes - 1996 Case Table

Compiled by Charles Wertheimer, NYLS '97, Helen G. Ullrich, NYLS '96, and Arthur S. Leonard and converted to HTML by Ron Buckmire.


Abbott v. Bragdon, 893 F.Supp. 99 (D.Me. 1995)(dentist violated ADA and Maine statute by refusing to treat PWA). 10,177

A.C. v. C.B., 829 P.2d 660 (N.M. Ct. App. 1992), cert. denied, 827 P.2d 837 (N.M. 1992)(reversing dismissal of co-parent custody and visitation petition). 133

A.L. v. Y.R., T.L.:, Matter of, 1996 WL 393521 (Mo. Cir. Ct. May 7, 1996)(Not reported in S.W.2d)(holding former lover "equitable parent" and thereby able to raise child despite having ended a relationship with the child's mother). 82

Able v. United States, 88 F.3d 1280, 65 USLW 2030, (2nd Cir. Jul. 1, 1996)(vacating ruling that military's "don't ask, don't tell" policy violates the Constitution 1st and 14th Amendments). 93,147

Able v. United States, 880 F.Supp. 968 (E.D.N.Y. Mar. 14, 1995)("Don't Ask, Don't Tell" is unconstitutional). 5,20,93

Abrams v. Davidison Oil Co., 1996 WL 671399 (Tex. Ct. App. Nov. 20, 1996)(Not reported in S.W.2d)(plaintiff bringing claim for NIED based on fear of contracting AIDS must allege actual exposure to HIV through defendant's negligence). 181

ACLU v. Reno, 929 F.Supp 824 (E.D.Pa. June 11, 1996) cert. granted, 117 S.Ct. 554 (Dec. 6, 1996)(preliminarily enjoining two sections of the Communications Decency Act of 1996). 48,96,115,168

ACT UP!/Portland v. Bagley, 988 F.2d 868 (9th Cir. 1995)(strip searches after arrest at demonstration were unconstitutional; remanded to district court for damages; settlement of $20,000. for each plaintiff). 33

ACT-UP TRIANGLE v. Commission For Health Services, 472 S.E.2d 605 (N.C. Ct. App. Jul. 16, 1996)(upholding a state agency reclassification of HIV testing by local health departments from anonymous to confidential). 128

Action for Children's Television v. FCC, 58 F.3d 654 (D.C.D.C. 1995), cert. denied, 64 USLW 3455 (upholding restrictions against broadcasting "indecent" materials). 16

Adoption of J, Matter of, 642 N.Y.S.2d 814 (N.Y.Surr.Ct., N.Y. Co. Apr. 25, 1996)(discontinuance of routine appointment of guardian ad litem in adoptions by same-sex couples). 66

Alison D. v. Virginia M., 77 N.Y.2d 651 (N.Y. 1991)(biological stranger is not entitled to seek visitation rights). 134

Amer v. Fla. Dept. of Health & Rehabilitative Services, Broward Cty., Fla., Sun Sentinel, Dec. 18, 1995(lawsuit challenging Florida's ban on adoptions by gays). 6

Amex Life Assurance Co. v. Superior Court, 51 Cal.Rptr.2d 354 (Cal. Ct. App., 2d Dist. Mar. 27, 1996)(preventing insurance company from voiding coverage after discovering insured's concealment of positive HIV status). 71

Anderson v. Gus Mayer Boston Store of Delaware, 924 F.Supp. 763 (E.D.Tex Mar. 25, 1996)(employer's switch to new health plan which does not provide coverage to PWA may be in violation of the Americans with Disabilities Act). 71

Anderson v. Romero, 72 F.3d 518 (7th Cir. 1995)(state prison guard immune from suit for revealing prisoner's HIV status). 2,159

Anonymous, Matter of, A 71 498 940 (IJ N.Y. Oct. 31, 1996), 73 Interp. Rel 910, Jul. 8, 1996 (declaring that an HIV+ is a member of a social group subject to persecution and on that basis granting him political asylum). 124

Ann Howard's Apricots Restaurant, Inc. v. Commission on Human Rights and Opportunities, 676 A.2d 844 (Conn. May 28, 1996)(discharge of waiter suspected of having AIDS violated the state's human rights law). 86

Ariste v. Kingsbrook Jewish Medical Center, 645 N.Y.S.2d 593 (N.Y. App. Div., 3rd Dep. Jul. 18, 1996)(reversing a Workers Compensation Board decision that an nurse's aide's HIV infection represents an occupational hazard). 130

Arizona v. Superior Court, 678 A.2d 1152 (Ariz. Ct. App. Jul. 23, 1996)(upholding HIV testing of juvenile adjudicated delinquent upon victims request). 129


Baehr v. Lewin, 825 P.2d 44 (Haw. 1993)(same-sex marriage exclusion must be tested under heightened scrutiny as a form of sex discrimination), appeal denied sub nom, Baehr v. Miike, 80 Haw. 341, 910 P.2d 112 (Haw. 1996)(rejecting attempt by Morman Church to intervene in same-sex marriage case). 7,23,35,51,102,134,155,167,168,170

Baehr v. Miike, *1996 WL 694235 (Haw. Cir. Ct., 1st Cir. Dec. 3, 1996)(Hawaii's prohibition against same-sex marriages violates the state constitution's equal protection clause). 167,168,170

Babich v. Waukesha Memorial Hosp., 556 N.W.2d 144 (Wis. Ct. App. Oct. 30, 1996)(holding that plaintiff who suffered needlestick injury cannot sue for emotional distress unless he or she can prove that needle is a "contaminated source"). 163

Baby Z., In re, Connecticut Law Tribune, May 20, 1996 (Superior Court ruling that Probate Court should allow domestic partner to adopt baby who was conceived through alternative insemination). 82

Baluyut v. Superior Court of Santa Clara County, 50 Cal. Rptr.2d 101, 911 P.2d 1 (1996)(no requirement to prove government's intent to punish defendant for membership in specified class to establish claim of selective prosecution). 44

Balzac v. Stamford Hospital, 1996 WL 222406 (Conn. Super. Ct. Apr. 2, 1996)(willful disclosure of a person's HIV status creates a cause of action in addition to traditional common law remedies). 89

Barese v. Clark, 1996 WL 663850 (Conn. Super. Ct. Nov. 6, 1996)(Slip copy)(immunity to defamation action may not apply to prosecutor who revealed plaintiff's confidential HIV-status in open court). 182

Barr Laboratories v. Burroughs Wellcome Co., 40 F.2d 1223 (Fed.Cir. 1994), cert. denied, 116 S.Ct. 771 (1996)(upholding patent for AZT). 40

Baskerville v. Culligan Int'l Co., 50 F.3d 428 (7th Cir. 1995)(in dicta, would not exclude possibility that same-sex sexual harassment would be actionable). 21,48,148

Batson v. Kentucky, 476 U.S. 79 (1986)(peremptory challenges cannot be used to keep members of a particular race off of a jury). 114

Baynard v. Milton S. Hershey Medical Ctr. Hosp., 1996 WL 278862 (E.D.Pa. May 22, 1996)(Not reported in F.Supp.)(rejecting as time-barred a negligence claim brought by a woman who was denied a kidney transplant after being misdiagnosed as HIV+). 110

Baysinger v. Schmid Prod. Co., 514 A.2d 1 (1996)(case remanded to determine if claimant should have been put on "inquiry notice" after her physicians told her that there was no way to determine whether IUD had her caused medical problems). 88

Berger v. Cantor-Fitzgerald Securities, 942 F.Supp. 963 (S.D.N.Y. Nov. 4, 1996)(issue of arbitrability in anti-discrimination case brought by gay employee must be decided by court). 171

Berkshire Life Ins. Co. v. Owens, 1996 WL 11198 (S.D.N.Y. Jan. 11, 1996)(Not reported in F.Supp.)(finding that whether HIV+ insurance applicant committed fraud by declaring his good health is a jury question). 27

Bernstein v. CapitalCare, Inc., 70 F.3d 783 (4th Cir. 1995)(HMO's decision to deny benefits to PWA not based on deliberate, principled reasoning process supported by substantial evidence). 9

Biggs v. City of Jackson, 1996 WL 649992 (Mich. Ct. App. Aug. 9, 1996)(Slip copy)(reversing summary judgment in case where city refused to designate handicapped parking space to HIV+ individual). 179

Bishop v. Mt. Sinai Medical Ctr., N.Y.L.J., October 28, 1996, p. 28, col. 5 (N.Y. Sup. Ct., N.Y. Co. 1996)(refusing to grant summary judgment to defendant hospital in suit brought by pedestrian cut by object in hospital dumpster). 164

Bledsoe v. Palm Beach Soil and Water Conservation Dist., 942 F.Supp. 1439 (S.D.Fla. Oct. 17, 1996)(holding that Title II of the ADA does not provide a cause of action for employment discrimination). 183

Board of Education v. Pico, 457 U.S. 853 (1982)(school officials may not remove books from school library based solely upon their disagreement with contents). 5

Boring v. Buncombe County Board of Education, 93 F.3d 1474 (4th Cir. Oct. 31, 1996)(1st Amendment protects drama teacher involuntarily transferred after selecting play depicting dysfunctional family with lesbian daughter). 156

Borquez v. Ozer, 923 P.2d 166 (Colo. Ct. App. 1995)(holding law protecting lawful off-duty conduct extended to gay employee wrongfully discharged for taking time off to care for AIDS stricken partner). 157

Bottoms v. Bottoms, 457 S.E.2d 102 (Va. 1995)(reversing 444 S.E.2d 276 (Va. App. 1994)(ruling lesbian mother unfit by reason of her conduct, including felonious conduct inherent in lesbianism). 34

Bowen V. Lumbermens Mutual Casualty Co., 517 N.W.2d 431 (Wis. 1994)(plaintiff claiming negligent infliction of emotional distress may prevail without proving physical manifestations). 163

Bowers v. Hardwick, 478 U.S. 186 (1986)(right to privacy does not extend to same-sex sodomy). 1,15,16,31,43,70,77,78,91,100,102, 113,119,147

Boytano v. Fritz, 321 Or. 498, 901 P.2d 835 (Or. 1995)(denying injunction of anti-gay civil rights ballot initiative). 34

Brakett v. Chater, Unempl.Ins.Rep. (CCH) P15082B, 1996 WL 26579 (S.D.N.Y. 1996)(Not reported in F.Supp.)(affirming SSA ruling that PWA was capable of performing sedentary work and therefore not eligible for disability benefits). 27

Brandenburg v. Ohio, 395 U.S. 444 (1969)(speech must present imminent danger of lawless acts to be proscribed). 16

Braschi v. Stahl Associates, Inc., 74 N.Y.2d 201 (N.Y. 1989)("family" in non-eviction provision of rent-control laws includes unmarried lifetime partner). 19,99

Braunfield v. Brown, 366 U.S. 599 (1961)(Sunday closing laws do not impermissibly burden the religious belief's of Sabbath observers). 61

Brown v. Coombe, 1996 WL 507118 (N.D.N.Y. Sep. 5, 1996)(Not Reported in F.Supp.)(refusing transsexual prisoner's preliminary order to enjoin prison and state agency from refusing to provide hormone therapy). 137

Brown v. New York Health and Hosp. Corp., 648 N.Y.S.2d 880 (N.Y. App. Div., 2nd Dept. Oct. 15, 1996)(nurse suffering a neddlestick injury could maintain a claim for AIDS-phobia damages for only six months after the injury). 162

Bruton v. United States, 391 U.S. 123 (1968)(holding that the evidence of co-defendant's confession is inadmissible as hearsay and trials must be severed before such evidence is introduced). 173

Buchanan v. Mayfield, 925 S.W.2D 135 (Tex. Ct. App. Jun. 12, 1996)(dental patient entitled to know the name of previous patient in dental chair after plaintiff used the same spit cup). 108

Bullock v.Gomez, 929 F.Supp. 1299 (C.D.Cal. May 6, 1996)(refusing to grant prison official's motion of summary judgment in claim brought by HIV+ prisoner who was excluded from an overnight visitation program with his wife). 110

Burk v. State, 478 S.E.2D 416 (Ga. Ct. App. Nov. 13, 1996)(upholding felony reckless endangerment conviction of HIV+ individual who attempted to bite police officer). 181

Burwick v. Yuhas, 1996 WL 389355 (Mo. Ct. App., So. Dist. Jul. 10, 1996)(Not reported in S.W.2d)(reversing a directed verdict in favor of a doctor who was sued for malpractice for ordering an unnecessary AIDS test for plaintiff). 107


Cammermeyer v. Aspin, 850 F.Supp. 910 (W.D. Wash. 1994)(ordering reinstatement of lesbian soldier). 5

Cahill v. Rosa, 89 N.Y.2d 14 (N.Y. Oct. 15, 1996)("private" dental office is a public accommodation within the meaning of New York Human Rights Law). 159

Cammermeyer v. Perry, 97 F.3d 1235 (9th Cir. Oct. 7, 1996)(holding moot Government's appeal of the 1994 decision ordering reinstatement of lesbian to military). 150

Campbell v. Sundquist, 926 S.W.2d 250 (Tenn. Ct. App. Jan. 26, 1996)(invalidating same-sex sodomy law). 15,31,91

Case v. Unified School Dist. No. 233, 908 F.Supp. 864 (D.Kan. 1995)(school board's removal of book about teen-age lesbian relationship from school library violates 1st Amendment). 5,24

Castrejon-Garcia v. INS., 60 F.2d 1359 (9th Cir. 1995)(an immigrant can establish a continuous presence in the United States if temporary absence does not call into question commitment to living in the U.S.). 142

Cavanaugh v. Burlington Northern R.R. Co., 941 F.2d 872 (D,Minn. Sep. 30, 1996)(dismissing employees' torts claims brought against employer who instituted anti-gay bias investigation). 156

Celotex Corp. v. Copeland, 471 So.2d 533 (Fla. 1985)(holding the market-share alternate theory of liability inappropriate in a case of asbestos-related injury). 109

Chapman v. Byrd, 475 S.E.2d 734 (N.C. Ct. App. Oct. 1, 1996)(dismissing claims of defamation and civil rights violation but letting stand claim of intentional and negligent infliction of emotional stress against EMS workers who spread rumors that a restaurant worker had AIDS). 163

Chattmon v. State, 1996 WL 156914 (Tex. Ct. App. Apr. 4, 1996)(Not reported in S.W.2d)(defendant's assertion that discovery of sexual partner's HIV-positive status motivated killing partner constitutes insufficient grounds to reduce murder to manslaughter). 74

Cheung v. Merrill Lynch, 913 F.Supp. 248(S.D.N.Y. 1996)(discrimination based on sexual orientation can be inferred from appearance or mannerisms). 21

Choroszy v. Wentworth Institute of Technology, 915 F.Supp. 446(D.Mass. 1996)(dismissing claim of negligent supervision for anti-gay harassment). 34

Christiansen v. State, 468 S.E.2d 188 (March 11, 1996)(upholding the constitutionality of criminalization of solicitation for oral sex). 43,120

Christine G., Matter of, 644 N.Y.S.2d 1016 (Jul. 22, 1996)(reversing decision which had denied an adoption petition by a lesbian co-parent). 123

City of Atlanta v. McKinney, 454 S.E.2d 517 (Ga. 1995)(Atlanta domestic partnership benefits ordinance ultra vires, but Human Rights ordinance and partner registration ordinance sustained). 43

City of Cleburne v. Cleburne Center for Independent Living, 473 U.S. 432 (1985)(equal protection clause requires at least rational basis review where discrimination is not race-based). 4,60

City of Dallas v. England, 846 S.W.2d 957 (Tex. App. 1993) (state constitutional privacy rights applies to consensual sexual conduct between adults). 102

City of New Orleans v. Benson, 665 So.2d 1196 (La. App.,4th Cir. Nov. 30, 1995)(affirming lower court's grant of injunction to city which closed down large part of gay bathhouse). 6

City of Sherman v. Henry, 928 S.W.2d 464 (Tex. Jul. 8, 1996)(citing Bowers v. Hardwick, Texas city did not violate police officer's constitutional rights by denying him a promotion because he was having an adulterous affair). 92,102

Civil Rights Cases, 109 U.S. 3 (1883)(invalidating Reconstruction civil rights legislation as a violation of the 14th Amendment). 77.

Clarke v. Kentucky Fried Chicken, 57 F.3d 21 (1st Cir. 1995)(claim for sexual harassment must be brought under Mass. anti-discrimination statute). 35

Commonwealth v. Capone, 659 N.E.2d 1196 (Mass. App. Ct. 1996)(in same-sex sexual assault trial, warnings to jury to remain dispassionate suffice to ensure fair trial). 22

Commonwealth v. Delp, 672 N.E.2d 114 (Mass. App. Ct. Oct. 8,1996)(upholding verdict despite a juror's post-verdict admission that he had an anti-gay bias). 170

Commonwealth v. Martin, 660 N.E.2d 670 (Mass. App. Ct. 1996)(reversing rape verdict due to AIDS-related errors by judge). 28

Commonwealth v. Plunkett, 664 N.E.2d 833 (Mass. May 13, 1996)(vacating the conviction of an individual for murdering a gay man and also alerting state court judges to the problem of jurors' anti-gay bias). 79

Commonwealth v. Wasson, 842 S.W.2d 487 (Ky. 1992)(striking down state sodomy law). 15,35,43,120

Commonwealth v. Zawatsky, 670 N.E.2d 969 (Mass. App. Ct. Oct. 2, 1996)(affirming convictions of assault and battery in gay bashing case while dismissing civil rights violation for lack of jurisdiction). 155

Comparone, Matter of, N.Y.L.J., Jan. 19, 1996, p.26, col.3 (Sup.Ct., N.Y.Co., Goodman, J.)(Not reported in N.Y.S.2d)(tenant succession regulations governing unmarried cohabitants in rent- controlled apartment do not extend to rent increase situations). 19

Compassion in Dying v. Washington, 79 F.3d 790 stay granted sub nom, Washington v. Glucksberg, 116 S.Ct. 2494, rehearing en banc denied by full court, 85 F.3d 1440 (1996), cert. granted, 117 S.Ct. 37 (Oct. 1, 1996)(holding that law banning physician- assisted suicide is unconstitutional under the Due Process Clause). 70,142,158

Cooper, Matter of, 187 App.Div.2d 128 (N.Y. App. Div., 2nd Dept. 1993) appeal dismissed, 82 N.Y.2d 801 (1993)(refusing to construe "surviving spouse" as including same-sex partners). 100

Coraggio v. Time Inc. Magazine Co., 1996 WL 139786 (S.D.N.Y. Mar. 28, 1996)(Not reported in F.Supp.)(dismissing claim of discrimination on the basis of pregnancy and marital status brought by employee against two lesbian supervisors). 65

Cotton v. Bowen, 799 F.2d 1403 (9th Cir. 1986)(SSI claimant must produce objective medical evidence of impairment and show that impairment could reasonably be expected to produce symptoms). 164

Cox v. Fla. Dept. of Health & Rehabilitative Services, 656 So.2d 902 (Fla. 1995)(equal protection claims brought by gays should be adjudicated under rational basis standard rather than heightened scrutiny). 6

Cross v. Cutter Biological, 676 So.2d 131 (4th Cir. May 29, 1996)(affirming the jury verdict against parents of child whose AIDS-related death followed a transfusion of Factor VIII, a blood product). 106

Curiale v. Reagan, 222 Cal.App. 3d 1597 (Ct. App., 2nd Dis., Div. 7, Mar. 29, 1994)(biological mother's lesbian partner not entitled to visitation). 134

Curtis v. School Committee of Falmouth, 420 Mass. 749, 652 N.E.2d 580 (1995)(No. 95-617, 64 USLW 3456 [Jan. 9, 1996])(denying cert to claim that school safe sex education violated parents' and students' constitutional rights). 25

Custody of H.S.H.-K.: Holtzman v. Knott, 533 N.W.2d 419 (Wis. 1995), cert. denied, 116 S.Ct. 475 (1995)(same-sex co-parent has standing to seek visitation rights). 133,145


D.B. v. Bloom, 896 F.Supp. 166 (D.N.J. 1995)(refusal to treat HIV+ dental patient violates state and federal disability discrimination laws). 10

D.B. and J.B. v. CCH-GP,Inc., 664 So.2d 1094 (Fla. App. 2 Dist. 1995)(date plaintiff had knowledge of HIV infection was genuine issue of material fact in determining whether her claim for negligent transfusion could proceed). 12

Dale v. Boy Scouts of America, No. Mon-C-330-92 (N.J. Super. Ct., Monmouth Cty., Nov. 3,1995)(state nondiscrimination law does not apply to Boy Scouts because it is not a public accommodation nor is volunteer scoutmaster an employee). 41

Damiano v. McDaniel, 670 So.2d 1198 (Fla. Dist. Ct. App., 4th Dist. Apr. 10, 1996)(certifying question of statute of limitations to Florida Supreme Court in HIV transfusion case). 72

Darden v. Alameda County Network, 1996 WL 440545 (N.D.Cal. Jul. 26, 1996)(Not reported in F.Supp.)(African-American male claiming anti-heterosexual bias failed to allege sufficient facts to state a claim under Title VII). 120

Davis v. Davis, 842 S.W.2d 588 (Tenn. 1992)(affirming ex- husband's right to block use of frozen embryos by ex-wife). 15

Degen v. New York Stock Exchange, Inc., N.Y.L.J., Dec. 25, 1995 (allowing discriminatory discharge claim based on sexual orientation to go forward under NYC Human Rights law). 7

DeMuth v. Miller, 652 A.2d 891 (Pa.Super. 1995) cert. denied, 116 S.Ct. 916 (rejecting discharged gay accountant's appeal of enforcement of noncompetition clause). 32

Denver Area Educational Telecommunications Consortium, Inc. v. Federal Communications Commission, 116 S.Ct. 2374, (Jun. 28, 1996)(cable system operators have the right to refuse to show sex-related materials which they deem to be "patently offensive"). 32,92,115

deParrie v. City of Portland, 906 P.2d 844 (Or. App. 1995)(Oregon statute that forbids "singling out" based on sexual orientation is a prohibition against discrimination). 18

DeSimone v. Transprint, USA, Inc., 1996 WL 209951 (S.D.N.Y. Apr. 29, 1996)(Not reported in F.Supp.)(refusing to grant summary judgment to employer who had fired employee after learning that employee's HIV+ gay partner had been hospitalized). 87

DiPaolo v. N.Y. Blood Center (Sup.Ct., N.Y.Co.) NYT, Dec. 20, 1996 (claiming that blood center should have no liability for tainted blood because family had already settled claim with hospital and doctors). 11

Dixon v. State Farm Fire and Casualty Insurance Co., 926 F.Supp 548 (E.D.Va. May 28, 1996)(rejecting defendant's assertion that plaintiff did not state hostile environment sexual harassment claim because defendant's behavior was, at best, suggestive of homosexuality and not "homosexuality-in-fact"). 101

Dockery v. North Shore Medical Center, 909 F.Supp. 1550 (S.D.Fla. 1995)(qualification for disability benefits does not estop a person from being a "qualified individual" if given reasonable accommodations). 12

Doe v. Alexian Brothers Medical Center, 1996 WL 210074 (N.D.Ill. Apr. 25, 1996)(Not reported in F.Supp.)(ruling that plaintiff may proceed anonymously in suit where plaintiff alleges he was given HIV test without his consent). 88

Doe v. American National Red Cross, 923 F.Supp. 753 (D.C.Md. Apr. 25, 1996)(statute of limitations begins to run when HIV-infected claimant has been put on inquiry notice that wrong may have occurred and not on the date that expert concluded there has been malpractice). 87

Doe v. American Red Cross, 322 Or. 502, 910 P.2d 364 (Or. 1996)(statute of limitations not tolled because reasonable inquiry would not necessarily have discovered defendant's tortious conduct). 39

Doe v. Bridgeport Hospital, 671 A.2d 405 (Conn. App. Ct. Feb. 27, 1996)(ordering trial court to articulate reason for dismissing claim arising from false HIV-positive test result). 56

Doe v. Chubb Sovereign Life Insurance Co., No. C-96-1458-VRW (N.D.Cal. Nov. 13, 1996)(finding that Title III of the ADA applies to case where insurance company refused to sell insurance to the spouse of an HIV-infected individual). 178

Doe v. Cutter, 89 F.3d 844 (9th Cir. Jun. 24, 1996)(dismissing products liability action involving HIV-contaminated blood product because the death of the victim rendered the case moot). 127

Doe v. Lockwood, 89 F.3d 833 (Jun. 27, 1996)(upholding dismissal of claims brought by man and his fiance after public disclosure of the man's HIV+ status). 125

Doe v. Marselle, 38 Conn.App. 360, 660 A.2d 871 (1995)(defendant's revelation of plaintiff's HIV+ status to her sons held not willful under state statute). 89

Doe v. Marselle, 675 A.2d 835 (Conn. May 7, 1996)(patient has cause of action against physician whose surgical assistant wilfully disclosed patient's HIV status). 86,182

Doe v. Marsh, 918 F.Supp. 580 (N.D.N.Y. Mar. 19, 1996)(42 U.S.C.  1983 protects New York State Education employees from liability arising from the disclosure of names of PWA in HIV prevention publication). 72

Doe v. Roe, 475 S.E.2d 783 (S.C. Ct. App. Jul. 22, 1996)(holding that neither a constructive trust nor an equitable lien exist in favor of partner in a dissolved long-term lesbian relationship). 115

Doe v. Rosa, 606 N.Y.S.2d 522 (N.Y. Sup. Ct., N.Y. Co. 1993)(upholding Governor's order excluding military recruiters from state university campuses). 64

Doe v. Southeastern Pennsylvania Transportation Authority, 72 F.3d 1133 cert. denied, No. 95-1742 (3rd Cir. 1995)(reversing jury's determination that defendant's revelation of HIV status denied plaintiff's constitutional right to privacy). 25,165

Doe v. United Blood Services et al., (D.Ariz. Dec. 4, 1995) Arizona Republic, Dec. 17, 1995 (certifying class action suit for Arizonans infected with HIV through blood transfusions from mid- 1982 through early 1985). 11

Drury v. Baptist Memorial Hosp. System, 933 S.W.2d 668 (Tex. Ct. App. Oct. 9, 1996)(affirming summary judgment against party whose only injury was fear of developing AIDS). 163,181

DSCY/DFS v. Bryant, 1996 WL 436439 (Del. Fam. Ct. May 30, 1996)(Slip copy)(rejecting termination of parental rights of HIV+ mother). 130

Dustin v. DCHI Home Health Services, Inc. 673 So.2d 356 (La. Ct. App., 1st Cir. May 10, 1996)(reviving suit of student who tested HIV+ after helping restrain patient whom student was not informed was HIV+). 89


EEOC v. Mason Tenders District Council Welfare Fund, No. 93-3865 (S.D.N.Y. 1995) BNA Daily Labor Report No. 241, December 15, 1995 (settlement requiring welfare fund to pay $1 million and to extend coverage to persons with AIDS). 12

EEOC v. Prevo's Family Market, Inc., 5 A.D. Cases (BNA) 1526 (W.D.Mich., Aug. 27, 1996)(Not Reported in F.Supp.)(granting summary judgment in favor of HIV+ employee who brought ADA suit after being put on involuntary unpaid leave and required to take medical test). 161

EEOC v. South Dakota Wheat Growers Ass'n., 683 F.Supp 1302 (D.S.D. 1988)(Title VII applies to a health insurance policy provided as a consequence of employment even after employment has been terminated). 123

Eichlin v. Zoning Hearing Bd. of New Hope Borough, 671 A.2d 1173 (Pa.Cmwlth. 1996)(zoning rules permit use of home for eight HIV+ persons). 38

Employment Division v. Smith, 494 U.S. 872 (1990)(Free Exercise Clause does not excuse individual from obeying law of general applicability even if compliance would violate sincerely-held religious beliefs). 61

Equality Foundation of Greater Cincinnati, Inc. v. City of Cincinnati, 54 F.3d 261 (6th Cir. 1995), reversing 860 F.Supp. 417 (S.D.Ohio, Aug. 9, 1994), vacated 116 S.Ct. 2519 (1996)(City charter amendment repealing ordinance prohibiting anti-gay discrimination and forbidding future enactment of such provision is constitutional). 91

Estate of Doe v. American Association of Blood Banks, 79 F3d. 1151 (affirming, as time-barred, dismissal of claim brought by AIDS infected transfusion patient). 54

Estelle v. Gamble, 429 U.S. 97 (1976)(state violates 8th Amendment when it acts with deliberate indifference to inmate's medical needs). 10

Evans v. May, 923 S.W.2d 712 (Tex. Ct. App. Apr. 11, 1996)(mere fact of 30 year relationship between two men and nothing more does not constitute undue influence for the purpose of invalidating a will in which decedent left entire estate to survivor). 64

Evans v. Romer, 882 P.2d 1335 (Colo. 1994), cert. granted, 115 S.Ct. 1092 (1995)(amendment to Colo. constitution forbidding state from enacting laws protecting individuals from discrimination based on sexual orientation violates constitutional right to equal participation in political process). 4

Everett v. Town of Bristol, 674 A.2d 1275 (Vt. Apr. 29, 1996)(barring testimony of lesbian plaintiff's past sexual history in personal injury suit). 81


Faltas v. The State Newspaper, 928 F.Supp. 637 (D.S.C. May 20, 1996)(responses to a homophobic op-ed article were not defamatory). 98

Farmer v. Brennan, 114 S.Ct. 1970 (1994)(requiring "deliberate indifference to truth" to support claim for defamation). 51

Farmer v. Brennan, 81 F.3d 1444 (7th Cir. Apr. 26, 1996)(vacating a summary judgment dismissal of inmate transsexual's 8th Amendment claims). 79

Farmer v. Hawk, 1996 WL 525321 (D.D.C. Sep. 5, 1996)(Not Reported in F.Supp.)(rejecting claims of due process and equal protection violation brought by HIV+ inmate after she was placed in controlled housing after she was found to be in violation of Bureau of Prisons' HIV policy). 142

Farr v. California Department of Rehabilitation, 1996 WL 182204 (N.D.Cal. Apr. 8, 1996)(Not reported in F.Supp.)(same-sex harassment claim dismissed for lack of factual basis). 63

FCC v. Pacifica Foundation, 438 U.S. 726 (1978)(because children are likely to be listening, the FCC may regulate radio broadcasted "indecent speech" during daytime hours). 92,93,96,115

Federal Election Commission v. Christian Action Network, Inc., 92 F.3d 1178 (4th Cir. Aug. 4, 1996)(anti-gay T.V. advertisements did not violate election expenditure law). 120

Felder v. Chater, Unempl.Ins.Rep. (CCH) P15052B, 1995 WL 745018 (E.D.N.Y. Dec. 4, 1995)(Not reported in F.Supp.)(remand after finding that pneumonia would trigger eligibility for Social Security disability benefits). 27

Finley v. National Endowment for the Arts, 100 F.3d 671 (9th Cir. Nov. 5, 1996)(finding restrictions on National Endowment for the Arts unconstitutionally vague and content based). 169

Fioretti v. Mass. Gen'l Life Ins. Co., 53 F.2d 1228 (11th Cir. 1995), cert. denied, 116 S.Ct. 708 (1996)(upholding invalidation of life insurance policy issued to PWA who had used a stand-in to pass HIV test required by policy). 40

521 East 72nd St. Realty Co. v. Weltsek, N.Y.L.J., Jul. 3, 1996, p.29, (N.Y. Civ. Ct., N.Y.Co., 1996)(sexual relationship not dispositive in determining surviving partner's succession to rent-controlled apartment). 99

Fleenor v. Hewitt Soap Company, 81 F.3d 48 (6th Cir. Apr. 9) cert. denied, 117 S.Ct. 170 (dismissing same-sex harassment claim after finding that plaintiff failed to allege facts sufficient to make case). 64,148

Foley v. Municipality of Anchorage, 1996 WL 650223 (Not reported in P.2d)(Alaska Ct. App. Nov. 6, 1996)(HIV testing and travel restrictions may not be constitutional when applied as conditions of probation). 180

Fosman v. State, 664 So.2d 1163 (Fla. Dist. Ct. App. 4th Dist. 1995)(upholding constitutionality of statute authorizing HIV testing of sexual assault defendants). 9

Fraad-Wolff v. Vassar College, 932 F.Supp. 88 (S.D.N.Y. Jul. 12, 1996)(defendant college complied with its disciplinary procedures in investigating and adjudicating an anti-gay harassment charge against plaintiff). 119

Freed v. Horn, 1995 WL 710529 (E.D.Pa. Dec. 1, 1995)(Not reported in F.Supp.)(failure to provide specific painkiller to HIV+ inmate does not meet standard of "deliberate indifference" proscribed by 8th Amendment). 10


Garcia V. Elf Atochem No. America, 28 F.3d 446 (5th Cir. 1994)(same-sex sexual harassment is not actionable under Title VII because Congress only intended to apply the statute to protect women from discrimination by men). 1,47,80,150

Garcia v. Santa Rosa Health Care Corp., 1996 WL 343640 (Tex. Ct. App. Feb. 29, 1996)(Not reported in S.W.2d)(health care provider has duty to notify patient of possible HIV exposure). 39

Gaston v. Parsons, 318 Or. 247, 864 P.2d 1319 (Or. 1994)(legally cognizable injury occurs when plaintiff, exercising reasonable care, knows or should know that there has been harm, causation, and tortious conduct). 39

Gay and Lesbian Law Students Assoc. Bd. of Trustees, Univ. of Conn., 673 A.2d 484 (Conn. 1996)(barring military recruiters from University of Connecticut Law School). 44

Gay Lesbian Bisexual Alliance v. Sessions, 930 F.Supp. 1492 (M.D.Ala. Jun. 6, 1996)(awarding attorney's fees and expenses to attorneys who represented a student group in its successful effort to invalidate a homophobic state law). 104

Gay Lesbian Bisexual Alliance v. Sessions, 917 F.Supp. 1548 (M.D.Ala. 1996)(declaring unconstitutional state statute barring student activity which might "promote homosexuality"), motion denied, 917 F.Supp. 1558 (M.D.Ala. 1996)(denying plaintiff's motion for injunction). 16,31

Gayer v. State Bar of California, 1996 WL 193846 (D.C.S.F. Apr. 16, 1996)(Not reported in F.Supp.)(dismissing class action suit brought by attorney after State Bar investigated plaintiff in reference to his accusations of municipal judges' anti-gay bias). 85

Gayheart v. Burns, (Ky. Ct. App. 1996), Kentucky Post, Nov. 9, 1996 (upholding reprimand of teacher accused of gossiping about the sexual orientation of school superintendent and administrators). 173

Gerd v. United Parcel Service, Inc., 934 F.Supp. 357 (D.Colo. Aug. 19, 1996)(same-sex harassment actionable under Title VII). 116

Gibson v. Tanks Incorporated, 930 F.Supp. 1107 (M.D.N.C. Apr. 1996)(dismissing same-sex harassment claim because male plaintiff did not specifically allege that the defendant was homosexual). 101

Goff v. State, 931 S.W.2d 537 (Tex. Crim. App. May 22, 1996)(rejecting convicted murder contention that trial court erred by not allowing evidence that murder victim was gay). 80

Goins v. Mercy Center, 667 N.E.2d 652 (Ill. Ap. Ct., 2nd Dist. Jun. 19, 1996)(ruling that a hospital employee's claim against his employer for breach of confidentiality regarding his HIV- status is not barred by the Workers Compensation Act). 110

Goluszek v. Smith, 697 F.Supp. 1452 (N.D.Ill. 1988)(same-sex sexual harassment not intended by Congress to be actionable under Title VII). 48,62,139

Gonsalves v. City of New Bedford, 168 FRD 102 (sanctioning attorney for failing to disclose the HIV+ status of a victim of police brutality in a case where attorney represented victim's estate). 126

Gonzales v. Garner Food Services, Inc., 89 F.3d 1523 (11th Cir. Aug. 2, 1996)(former employee cannot sue under the ADA claiming post-employment health insurance was changed to include a cap on AIDS-related benefits). 123

Greenwood v. Taft, Stettinius & Hollister, 662 N.E.2d 22 (Ohio 1996)(upholding law firm's dismissal of associate who actively fought repeal of Cincinnati's anti-gay ordinance). 48,65

Greenwood v. Taft, Stettinius & Hollister, 663 N.E.2d 1030 (Ohio App., 1 Dist., 1995)(no remedy in Ohio law for wrongful discharge because of sexual orientation or for engaging in political activity related to gay rights). 48

Grillo v. John Alden Life Insurance Co., 939 F.Supp 685 (D.Minn. Sep. 23, 1996)(refusing to dismiss same-sex harassment claim). 138

Griswold v. Connecticut, 381 U.S. 479 (1965)(right to privacy includes married couple's right to use contraception). 15,100

Gryczan v. Montana, No. BDV-93-1869, (Mont. 1st Jud.Dist., Feb. 16,1996)(enjoining state from enforcing statute criminalizing consensual homosexual activity as violative of state Constitution). 31


H. v. M, Ottawa Citizen, Feb. 13, 1996 (Ont.Ct., Gen.Div.)(limiting statutory definition of spouse to heterosexual couples violates rights of lesbian couple). 37

Hall v. American National Red Cross, 86 F.3d 919 9th Cir. Jun. 18, 1996)(holding that the American National Red Cross is not a government entity within the meaning of the Religious Freedom Restoration Act). 109

Hall v. Regents of University of California, 51 Cal.Rptr.2d 387 (Cal. App., 3rd Dist. Mar, 28, 1996)(awarding litigation costs to hospital after court granted defendant's motion for summary judgment in claim arising from false HIV-positive test result). 73

Ham v. South Carolina, 409 U.S. 524 (1973)(criminal defendants have the right to ascertain potential prejudice in jurors in voir dire). 154

Hamilton v. Chater, 942 F.Supp. 1354 (D.Ore. Oct. 8, 1996)(reversing a determination by the Social Security Administration and awarding disabilities to HIV+ applicant). 164

Hanselman v. Shepardson, 1996 WL 99377 (S.D.N.Y. Mar. 7, 1996)(Not reported in F.Supp.)(ruling that issue of fact exists whether constructive trust should be imposed on properties acquired during 15-year gay relationship). 48

Harris v. Forklift System, Inc., 510 U.S. 17 1994)(hostile environment sexual harassment claim need not allege actual psychological injury). 148

Harris v. Thigpen, 941 F.2d 1495 (11th Cir. 1991)(HIV+ inmates denied access to prison facilities are "handicapped individuals" within the meaning of the Rehabilitation Act of 1973). 159

Hawaii v. Knight, 80 Haw. 318, 909 P.2d 1133 (Haw. 1996)(affirming Marine's murder conviction for killing gay man). 18

Haybeck v. Prodigy, 944 F.Supp. 326 (S.D.N.Y. Nov. 13, 1996)(online computer network not liable for employee who allegedly transmitted HIV to network subscriber after meeting online). 180

Heiner v. Moretuzzo, 652 N.E.2d 664 (Ohio 1995)(no tort liability for severe emotional distress suffered by patient erroneously told she was HIV+). 11

Heller v. Doe, 509 U.S. 312 (1993)(involuntary commitment of mentally ill violates neither equal protection nor due process). 78

Henriette D. v. Guiliani, 1996 WL 633382 (E.D.N.Y. Oct. 25, 1996)(Not reported in F.Supp.)(certifying class but denying preliminary injunction in action challenging restructuring of NYC's Department of AIDS Services). 180

Henson v. University of Pittsburgh, Pittsburgh Post-Gazette, Jan. 11, 1996 (complaint filed with Pittsburgh Human Rights Commission alleging housing discrimination on the basis of sexual orientation). 24

Herman v. Vacco, N.Y.L.J., 638 N.Y.S.2d 554 (N.Y.Sup.Ct. 1995)(many attorney positions in NYS Law Dept. may not be exempt from civil service protection). 36

Hertzler v. Hertzler, 908 P.2d 946 (Wyo. 1995)(affirming trial court's narrow restriction of lesbian mother's visitation rights despite its obvious bias). 3

Hetzel v. Swartz, 909 F.Supp. 261 (M.D.Pa. 1995)(refusing to dismiss pro se action brought by AIDS infected inmate alleging failure to provide psychological assistance and unauthorized disclosure of medical information). 55

Hetzel v. Swartz, 917 F.Supp. 344 (M.D.Pa. Mar. 4, 1996)(appointing counsel in a pro se action brought by AIDS infected inmate against prison counseling service). 55

Hill v. Community of Damien of Molokai, 911 P.2d 861 (N.M. 1996)(group home for four PWA's meets test of "family" under zoning law). 38

HMA v. McKean, 1996 S.C.C.R. 402 (Scotland 1996)(holding that the common law justification for violence against a wife having an adulterous affair applies to a homosexual relationship). 104

Hodgson v. Univ. of Texas Medical Branch at Galveston, 1996 WL 499465 (Tex. Ct. App. Sep. 5, 1996)(Not Reported in S.W.2d)(upholding claim of sovereign immunity on behalf of defendant hospital which withheld plaintiff's HIV+ test results until her 34th week of pregnancy). 143

Hollis v. Hollis, 427 S.E.2d 233 (Va. App. 1993)(finding that wife must have knowledge of husband's homosexuality to condone it). 171

Holmes v. California National Guard, 920 F.Supp. 1510 (N.D.Cal. March 29, 1996)(reinstating gay officer discharged under "Don't Ask, Don't Tell" and holding that the policy has no rational basis under the United States Constitution). 60.

Hopkins v. Baltimore Gas & Electric Co., 77 F.3d 745 (4th Cir. 1996) cert. denied, 117 S.Ct. 70 (same-sex harassment not actionable under Title VII where actors are heterosexuals of same sex). 47,138,148

Hrynda v. U.S., 933 F.Supp 1047 (M.D.Fla. Jul. 5, 1996)(upholding discharge of a lesbian Naval reservist for violation of military's "don't ask, don't tell" policy). 118

Huddleston v. Lumbermens Mutual Casualty Co., No 95-CV 2483 (D.Kan. Sep 25, 1996)(same-sex sexual harassment not actionable because allegations were insufficient). 149

Hurley v. Irish-American Gay, Lesbian & Bisexual Group of Boston, 115 S.Ct. 2338 (1995), reversing 636 N.E.2d 1293 (Mass. 1994)(parade organizers had 1st Amendment right to exclude gay group with whose views they disagreed). 50


I.R.S. Private Letter Ruling 9603011, 1996 WL 18211 (Jan, 19, 1996)(defining tax treatment of domestic partnership benefit plan by private employer). 18

ILGO v. Guiliani, 918 F.Supp. 732 (S.D.N.Y. Mar. 14, 1996)(upholding denial of gay organization's request for parade permit in order to hold its own St. Patrick's Day Parade). 50

In re Petition of D.L.G. and M.A.H., 22 Fam. L. Rep. (BNA) 1488 (Jun. 27, 1996)(approving lesbian couple's adoptions of each other's children). 156


Jackson v. Smith, 679 So.2d 1123 (Ala. Civ. App. Mar. 8, 1996)(voiding devise of gay decedent to unrelated cohabitant on the grounds of undue influence). 55

J.A.L. v. E.P.H., 602 A.2d 1314 (Pa. Sep. 19, 1996)(a lesbian co- parent has standing to seek partial custody and visitation rights). 133

J.G., N.S., and J.T., Interest of, 674 A.2d 625 (N.J. Super. Ct. Ch. Div., Apr. 22, 1996)(affirming constitutionality of mandatory HIV testing for individuals charged with or convicted of sexual assaults). 69

J.O. v. Alton Community School District 11, 909 F.2d 267 (7th Cir. 1990)(school administrators do not have special duty to protect students). 113

Jacob, Matter of; Dana, Matter of, 86 N.Y.2d 651, 64 USLW 2294 (N.Y. 1995)(N.Y. Domestic Relations Law permits adoption by unmarried domestic partners regardless of gender or sexual orientation). 7,8,66,123

Jerrell v. New York, 1996 WL 19173 (E.D.N.Y. Jan. 12, 1996)(Not reported in F.Supp.)(rejecting early release bid under new criteria by HIV+ prisoner). 26

John, In re, 538 N.W.2d 761 (Neb. App. 1995)(woman with AIDS can continue as custodian of foster child). 27

Johnson v. Arb Campbell, 92 F.3d 951 (9th Cir. 1996)(refusing to extend Batson to sexual orientation). 114

Johnson v. Community Nursing Services, 932 F.Supp. 269 (D.Utah May 28, 1996)(holding that a homosexual male sexually harassed by his homosexual supervisor has a cause of action). 101

Johnson v. Hondo, Inc., 940 F.Supp. 1403 (E.D.Wis. Sep. 9, 1996)(dismissing same-sex harassment claim after finding that plaintiff failed to allege facts sufficient to make case but recognizing such an action is possible). 138,173


Kalke v. City of New York, N.Y.L.J., Apr. 2, 1996 at 26 (N.Y.Sup.Ct., N.Y. Co.)(condom demonstration in New York City park is protected speech under the 1st Amendment). 22

Kaplan v. Dacomed Corp., 1996 WL 89148 (N.D.Ill. Feb. 27, 1996)(Not reported in F.Supp.)(same-sex harassment actionable under Title VII). 48,62

Karpowicz v. Blue Cross and Blue Shield of Massachusetts, Inc., 1996 WL 528372 (D.Mass. Aug. 19, 1996)(Not Reported in F.Supp.)(granting motion by heterosexual plaintiff's against gay supervisor to move discriminatory discharge action to state court). 139

Kennedy v. Applause, Inc., 90 F.3d 1477 (9th Cir. Jul. 31, 1996)(sustaining a grant of summary judgment against a plaintiff's ADA claim because she had previously indicated that she was permanently disabled). 128

Kerins v. Hartley, 27 Cal.Ap.4th 1062 (Ca. Ct. App. 1994)(check holding). 9

Kevorkian v. Arnett, 939 F.Supp. 685 (C.D.Cal. Sep. 11, 1996)(upholding PWA's due process challenge of California's prohibition against doctor assisted suicide). 142

Kimberly Ann Marley, In re:, 1996 WL 280890 (Del. Super. Ct. May 16, 1996)(Not reported in A.2d)(reversing a lower court's opinion allowing a lesbian woman to legally change her name to that of her partner). 100

King v. Cutter Lab., 1996 WL 354665 (Fla. Dist. Ct. App., 2nd Dist. Jul. 16, 1996)(Slip copy)(refusing to apply the market- share alternate theory of liability against a manufacturer of a blood product which was HIV-infected). 109

Kinman v. Omaha Public School District, 94 F.3d 463 (8th Cir. Aug. 26, 1996)(same-sex harassment in school is actionable under Title IX). 148

Kinney v. O'Connor, 907 P.2d 257 (Or. Ct. App. 1995)(refusing to invalidate county anti-gay initiative election) modified, 139 Or.App. 75, 910 P.2d 1161 (Or. Ct. App. 1996)(county's counting of ballots cast on proposed initiative did not violate statute). 7,33

Kipp v. United States, 88 F.3d 681 (8th Cir. Jul. 12, 1996)(U.S. not liable for HIV-infected transfusion given at military hospital). 105

Kotev v. First Colony Life Insurance Company, 927 F.Supp. 1316 (C.D.Cal. May 30, 1996)(upholding claim of an insurance applicant who was denied a life insurance policy because his wife tested HIV+). 108

Krakowiak v. Paul Revere Life Insurance Co., 1996 WL 303661 (Tenn. Ct. App. Jun. 7, 1996)(Not reported in S.W.2d)(affirming summary judgment granted to insurance company who denied benefits to HIV+ individual who lied on an application for disability insurance). 106

Krauel v. Iowa Methodist Ctr., 95 F.3d 674 (8th Cir. Sep. 11, 1996)(employer did not violate the ADA by failing to insure fertility treatments because reproductivity is not a "major life activity" within the meaning of the ADA). 165


Lane v. Pena, 116 S.Ct. 2092 (U.S. Sup. Ct. June 21, 1996)(holding that the U.S. had not waived sovereign immunity with respect to monetary claims brought under section 504 of the Rehabilitation Act of 1973 by diabetic forced to leave the U.S. Merchant Marine Academy). 105

Lauretano v. Stewart, L&T 93986/95 (N.Y.C. Civ. Ct., Queens Mar. 21, 1996)(holding, as pretextual, landlord's attempt to evict lesbian tenant with 15 years of occupancy from apartment). 81

Leckelt v. Board of Comm'rs., 909 F.2d 820 (5th Cir. 1990)(HIV+ status is an impairment within the meaning of section 504 of the Rehabilitation Act of 1973). 161

Lemon v. Stewart, 682 A.2d 1177 (Md. Ct. Spec. App. Sep. 26, 1996)(health care provider does not have the duty to inform patient's extended family of his HIV/AIDS status). 161 Lloyd v. Grella, 83 N.Y.2d 537 (N.Y. 1994)(upholding local school board's resolution denying access to military recruiters). 44 Lombardo v. N.Y.U. Medical Ctr., 648 N.Y.S.2d 658 (N.Y. App. Div., 2nd Dept. Oct. 15, 1996)(undertaker who suffered neddlestick injury could maintain claim for damages for only six months after injury unless plaintiff presented evidence that he tested positive for HIV). 162 Long v. Nix, 86 F.3d 761 (8th Cir. Jun 7, 1996)(prison officials did not violate prisoner's 8th Amendment rights by refusing inmate's requests for treatments for gender-identity disorder). 98 Lopez v. N.Y.C. Health & Hosp. Corp., 647 N.Y.S.2d 267 (woman had no claim for NIED resulting from hospital's failure to diagnose and treat husband for AIDS). 144 Loving v. Virginia, 388 U.S. 1 (1967)(state law banning interracial marriages violates the Equal Protection Clause of the United States Constitution). 167 Lowder v. Economic Opportunity Family Health Ctr., 680 So.2d 1133 (Fla. Dist. Ct. App., 3rd Dist. Oct. 16, 1996)(failure to call witness could not serve as basis for mistrial in AIDS malpractice case). 164 Lumpkin v. Jordan, 57 Cal.Rptr.2d 303, 71 Fair Empl. Prac. Cases (BNA) 1786 (homophobic minister is collaterally estopped from state claim over dismissal from S.F. Human Rights Commission). 152


Macy's California, Inc. v. Superior Court, 48 Cal.Rptr.2d 496 (Cal. Ct. App. 1995)(needlestick injury alone is insufficient to provide basis for emotional distress claim). 9

M. v. M.:U. v. U., 1996 WL 434302 (Conn. Super. Ct. Jul. 1996)(Not reported in A.2d)(awarding a male-to-female transsexual primary custody of her two children). 118

Madden v. Foley, 922 P.2d 1364 (Wash. Ct. App. Sep. 3, 1996)(imposing Rule 11 sanctions against lawyer who represented spurned lesbian partner). 152

Madrid v. Lincoln County Medical Center, 929 P.2d 1154 (N.Mex. Aug. 21, 1996)(ruling that plaintiff could sue for NIED based on fear of developing AIDS after being splashed with blood without alleging that the blood contained HIV). 143

Madrid v. Lincoln County Medical Center, 909 P.2d 14 (N.M. App. 1995), cert. granted (N.M. Dec. 12, 1995)(allowing NIED claim for possible exposure to HIV). 40

Manual Enterprises, Inc. v. Day, 370 U.S. 478 (1962)(non-obscene gay-related matter can not be excluded from the United States mails). 77

Maradiaga v. INS, 95 F.3d 1158 (9th Cir. Aug. 20, 1996)(overturning and remanding Board of Immigration Appeals' determination that HIV+ immigrant was not eligible for political asylum). 142

Maradie v. Maradie, 680 So.2d 538 (Fla. Dist. Ct. App. 1st Dist., Jul. 16, 1996)(remanding decision in child custody case where judge took "judicial notice" that lesbian relationship can adversely affect a child). 96

Marcella v. Brandywine Hosp., 47 F.3d 618 (3rd Cir. 1995)(American Red Cross does not have governmental immunity shielding it from a jury trial in HIV transmission case). 177

Marchica v. L.I.Railroad Co., 31 F.3d 1197 (2nd Cir. 1994), cert. denied, 115 S.Ct. 727 (1995)(upholding AIDS-phobia claim where no actual exposure was established). 9,11

Marciano v. Kash N'Karry Foodstores, Inc., 1996 WL 420879 (M.D.Fla. Jul. 1, 1996)(Not reported in F.Supp.)(refusing to dismiss a Title VII same-sex harassment case where plaintiff alleged a different sexual orientation than harassing supervisor). 116

Mario Doe v. Riverside-Brookfield High School (Ill. lawsuit alleging civil rights violations based on harassment and mistreatment of gay students). 36

Martin v. Norfolk Souther Railway Co., 926 F.Supp. 1044 (N.D.AlA. May 22, 1996)(dismissing same-sex harassment claim because there was no evidence that male harassers were homosexual). 101,149

Mason Tenders District Council Welfare Fund v. Donaghey, No. 93- 1154 (S.D.N.Y. 1996)(private action by PWA's for denial of benefits). 12

Mathie v. Fries, 935 F.Supp. 1284 (E.D.N.Y. Aug. 5, 1996)(awarding $750,000 to prisoner who was sexually assaulted by prison official). 117

Matter of the Application of 119-121 East 97th Street Corp. v. New York City Commission on Human Rights and Edward L. Baca, 642 N.Y.S.2d 638 (N.Y. App. Div., 1st Dept. May 14, 1996)(rejecting a challenge to a $100,000 award to HIV+ individual for mental anguish suffered after harassment inflicted by landlord but reducing civil fine from $75,000 to $25,000). 80

Mayo v. Kiwest Corp., 94 F.3d 641 (4th Cir. Aug. 15, 1996)(male employee who did not allege that he and his supervisor were of different sexual orientations could not maintain a Title VII sexual harassment action). 116

McCain v. Koch, 70 NY2d 109 (N.Y. 1990)(in the absence of governmental guidelines, the New York State Supreme Court has the equitable powers to formulate a judgment providing for minimally habitable housing for people with HIV-related illness). 110

McDonnell v. Cisneros, 84 F.3d 256 (7th Cir. May 20, 1996)(implying, in dicta, that same-sex sexual harassment is actionable under Title VII). 80

McKay v. Johnson, 1996 WL 12658 (Minn. Ct. App. Jan 16, 1996)(Not reported in N.W.2d)(restoring visitation rights to lesbian mother). 17

McKinzie v. Chater, 1996 WL 684169 (S.D.N.Y. Nov. 25, 1996)(Not reported in F.Supp.)(holding that an HIV infected applicant for SSDI is eligible for an individualized determination whether condition qualifies him as "disabled" within meaning of act). 177

McNemar v. Disney Store, Inc., 11 A.D.D. 240 (E.D.Pa. 1995), 91 F.3d 610 (3rd Cir. Jul. 31, 1996)(plaintiff who has affirmed that he is permanently and totally disabled is then precluded from claiming that, within the meaning of the ADA, his employer discriminated against him because of his disability). 12,127

McWilliams v. Fairfax County Bd. of Supervisors, 72 F.3d 1191 (4th Cir. 1996)(same-sex harassment not actionable under Title VII if all actors are heterosexuals of same-sex). 20,47,101,116,138,150

Meinhold v. United States Dept. of Defense, 34 F.3d 1469 (9th Cir. 1994)(statements about sexuality insufficient basis to discharge gay service member). 47,60,118,150

Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986)(hostile environment sexual harassment is actionable under Title VII as sex discrimination). 34,62,148

Michelle G. v. Diana V., N.Y.L.J., Sep. 14, 1996 at 28, col. 3 (Queens Co. Fam. Ct. 1996)(upholding non-relative lesbian's visitation rights despite challenge from child's maternal aunt). 136

Miller v. Brungardt, 916 F.Supp. 1096 (D.C.Kan. Feb 9, 1996)(identifying lesbian-baiting as a form of sexual harassment and thereby actionable under Title VII). 49

Miller v. California, 413 U.S. 15 (1973)(standard of obscenity established by the Supreme Court). 93

Miller v. DeMuth, No. 95-895, decision below: 665 A.2d 469 (Pa. 1995)(seeking writ of certiorari to challenge lower court decision holding gay accountant liable for $100,000 penalty because his sexual orientation violated contract). 4

Miller v. Vesta, Inc., 946 F.Supp 697 (E.D.Wis. Nov. 22, 1996)(holding same-sex sexual harassment actionable under Title VII but homosexual character of harassment does not automatically justify a finding of hostile environment). 173

Minnesota Family Council v. Hennepin County, St. Paul Pioneer Press, March 7, 1996 (D.Minn. 1996)(suit brought by anti-gay group alleges that rule prohibiting prison volunteers from stating that homosexuality is a sin violates the first amendment). 52

Mixon v. Grinker, 646 N.Y.2d 661 (N.Y. Jun. 11, 1996)(homeless persons with HIV-related illness are not entitled to "plenary judicial review" of NYC's special medical needs housing program). 109

Mohammed v. Marriott International, Inc., 944 F.Supp. 277 (S.D.N.Y. Oct 31, 1996)(plaintiff can proceed with ADA claim despite having stated that he was unable to work in an SSDI application). 182

Morel v. Guiliani, 927 F.Supp. 622 (S.D.N.Y. 1995)(certifying class challenging city and state's failure to provide welfare and food stamp benefits). 181

Moreno v. Consolidated Rail Corp, 99 F.3d 782 (6th Cir. Nov. 4, 1996)(ruling that punitive damages are not available under the Rehabilitation Act of 1973). 183

Morris v. Hill, (Alachua County, Fla. Nov. 22, 1996), Palm Beach Post, Nov. 24,1996 (applying Romer v. Evans and ruling unconstitutional anti-gay ballot measure). 172

Morrison v. State, 673 So.2d 953 (Fla. Dist. Ct. App., 4th Dist. May 22, 1996)(upholding trial court's sentence, which was an upward departure from the sentencing guidelines, of an HIV+ defendant who bit victim during course of a robbery). 88

Mullen v. N.Y. Hospital, (N.Y. Sup. Ct., N.Y.Co.) N.Y.L.J., Dec. 19, 1995 (refusing to dismiss claim of emotional distress against hospital for false positive HIV test result). 11

Murphy v. Abbot Laboratories, 64 USLW 2708 (E.D.Pa. Apr. 9, 1996)(refusing to dismiss NIED claim arising from a needlestick accident). 71

Murphy v. United Parcel Service, BNA DLR No. 222, p. A-5 (D.Kan. Nov. 18, 1996)(a medical condition which can be controlled with medication is not a "disability" within the meaning of the ADA). 176

Myers v. Moschella, *1996 WL 348194 (Ohio Ct. App. Jun. 26, 1996)(reaffirming that gay sperm donor was not required to pay medical expenses and child support to lesbian mother). 97


Nabozny v. Podlesny, 92 F.3d 446, 65 USLW 2116, (7th Cir. Jul. 31, 1996)(reversing summary judgment against gay high school student who sued school system for failing to enforce its sexual harassment policy). 113,147,157,167

National Treasury Employee's Union v. Von Raab, 489 U.S. 602 (1989)(Customs service can mandate drug testing as a precondition of employment). 129


O'Malley v. AIDS Institute, 1996 WL 447748 (S.D.N.Y. Aug. 7, 1996)(Not reported in F.Supp.)(refusing to dismiss an employment discrimination claim brought by heterosexual male against AIDS organization). 116

Oncale v. Sundowner Offshore Services, Inc., 83 F.3d 118(5th Cir. May 20, 1996)(same-sex sexual harassment is not a violation within the meaning of Title VII). 80

Ortland v. County of Tehama, 939 F.Supp. 1465 (E.D.Cal. Aug. 12, 1996)(allowing an individual alleging anti-gay discrimination to proceed with suit against county). 117

Owens v. Hanks, 89 F.3d 838 (7th Cir. Jun. 25, 1996)(denying a writ of habeas corpus to gay African-American inmate claiming juror's anti-homosexual and anti-Black bias). 94


P. v. S. and Cornwall County Council, Case C-13/94 (E.C.J. Apr. 30, 1996)(dismissal of transsexual precluded under European Community Equal Treatment Directive (76/207/EEC, 9 Feb. 1976)). 82

Padula v. Webster, 822 F.2d 97 (D.C.Cir., June 26, 1987)(upholding the FBI's policy of banning homosexuals). 78

Pallone v. WEEI (Mass. Dist. Ct. 1996), Boston Globe, September 22, 1996, (former major league baseball umpire sues radio station for defamation after it reported that plaintiff publically exposed himself). 139

Palmore v. Sidoti, 466 U.S. 429 (1984)(law cannot give effect to private biases). 4,15

Parker v. Metropolitan Life Ins. Co., 939 F.Supp. 1465 (6th Cir. Oct. 25, 1996)(discrimination in insurance coverage may violate Title III of the ADA). 165

People v. Adams, 597 N.E.2d 574 (Ill. 1992)(HIV testing of sexual assault defendants is a special need). 10

People v. Arbeiter, N.Y.L.J., Jun. 24, 1996, P.29 (N.Y. App. Term., N.Y. Co.)(refusing to dismiss disorderly conduct charges against demonstrators protesting the exclusion of Irish Gay and Lesbian Organization from the St. Patrick's Day Parade). 98

People v. Goble, (Dekalb County, Ga. Nov. 27, 1996), Atlanta Journal-Constitution, Nov. 28, 1996 (ruling that Georgia's rape shield law prevents prosecution from introducing evidence that rape victim was lesbian but allowing testimony that prior to rape victim was on a date with her girlfriend). 172

People v. John Doe, N.Y.L.J., Apr. 5, 1996 (N.Y. Sup. Ct.)(Not reported in N.Y.S.2d)(legislature did not intend HIV testing to be restricted only to felonies where intercourse is the essential element). 73

People v. Johnson, Arizona Republic, Mar. 16, 1996 (Ariz. Crim. Ct., Pima Co. 1996)(jury refused to accept claim by murder defendant that he had to murder University of Arizona professor to fend off homosexual advances). 52

People v. Monts, Washington Blade, Oct. 18, 1996 (D.C. Crim. Ct. 1996)(jury acquitting plaintiff of hate crimes charges despite convicting him of assault with a dangerous weapon). 155

People v. Moore, 637 N.Y.S. 652 (N.Y.Crim.Ct. 1996)(refusing to drop criminal charges against PWA selling marijuana for medicinal purposes). 28

People v. McDevitt, Houston Cronicle, Mar. 9, 1996 (Tex. Dist. Ct., Tyler 1966)(conditioning probation for PWA on his refraining from sexual activity unless partner signs form acknowledging that he has been advised of McDevitt's HIV status). 56

People v. Movsovitz, Topeka Capital-Journal, Jul. 24, 1996 (upholding conviction under city sodomy law). 120

People v. Murphy, 919 P.2d 191 (Colo. Jun. 10, 1996)(state's Rape Shield Statute extends to evidence of victim's sexual orientation). 95

People v. Murray, 634 N.Y.S.2d 985 (N.Y.Sup. Ct., Kings Co. 1995)(denying defendant's motion to dismiss charge of leaving scene of accident and driving while under influence of drugs on grounds that he had AIDS). 12

People v. Nitz, *1996 WL 663760 (Ill. Ap. Ct. Nov. 15, 1996)(rejecting constitutional challenge to hate crime statute containing classification of sexual orientation). 175

People v. Onofre, 51 N.Y.2d 476 (N.Y. 1980)(striking down New York's sodomy law). 100

People v. Ruple, (Summit Cty., Ohio Ct. of Common Pleas), Akron Beacon Journal, Jan. 24, 1996 (guilty plea to voluntary manslaughter in gay domestic violence case). 24

People v. Smith, 155 Cal.App.3d 1103 (1984)(specifying "intent to punish" as a requirement in tax fraud case). 45

People v. Tenace, 649 N.Y.S.2d 218 (N.Y. App. Div., 3rd Dep. Oct. 31, 1996)(barring evidence of gay victim's prior sexual conduct in murder trial). 170

People v. Yates, N.Y.L.J., Mar. 4, 1996, p.26, col.2 (N.Y.Co.)(Not reported in N.Y.S.2d)(extending recognition of rape trauma syndrome to male survivors of sexual assault). 22

People v. Zymurgy, Inc., 649 N.Y.S.2d 662 (N.Y. App. Div., 1st Dept. 1996)(reviving state attorney general's petition concerning organization which raises tax-deductible donations for projects undertaken by North American Man Boy Love Association (NAMBLA)). 174

Peric v. Board of Trustees of the University of Illinois, 1996 WL 515175 (Not Reported in F.Supp.)(N.D.Ill. Sep 6, 1996)(rejecting the reasoning of Goluszek, 697 F.Supp. 1452 (1988) and refusing to dismiss same-sex harassment action involving a homosexual supervisor). 138

Perkins v. State, 540 N.W.2d 908 (Minn. Ct. App. 1995)(affirming trial court's substantial upward departure from sentencing guidelines in sexual assault by PWA). 11

Philips v. Perry, 883 F.Supp. 539 (W.D.Wash. 1995)(on appeal to 9th Cir. whether discharge of gay officers who reveal they have had sex violates equal protection). 32,47

Phillips v. Michigan Dep't of Corrections, 731 F.Supp. 792 (W.D.Mich.) aff'd without opn, 932 F.2d 969 (6th Cir. 1991)(ordering prison to provide hormone therapy to transsexual prisoner). 137

Phillips v. Rosa, 635 N.Y.S.2d 92 (N.Y. App. Div. 2nd Dept. 1995)(employer had not unlawfully discriminated against PWA because he was not physically able to perform any available jobs). 12

Pickering v. Bd. of Ed., 391 U.S. 563 (1968)(teachers can speak out on public funding of schools without fear of retaliatory dismissal). 1

Picray v. Secretary of State, 916 P.2d 324 (Or. Ct. App. May 1, 1996)(holding unconstitutional statute banning political buttons from polling places under state constitution's free election clause). 81

Pitcherskaia v. United States, Wash. Blade, Jan. 12, 1996 (filing appeal in federal court from U.S. Bd. of Immigration Appeals decision denying asylum to Russian lesbian). 22

Plessy v. Ferguson, 163 U.S. 537 (1896)("Separate but equal" doctrine does not violate the 13th or 14th Amendments). 77

Polsdorfer v. Gearan, 1996 WL 451051 (D.D.C. Aug. 1, 1996)(Not reported in F.Supp.)(dismissing constitutional claims brought by doctor dismissed by the Peace Corps but refusing to dismiss plaintiff's claims under the Administrative Procedure Act). 130

Potter v. Firestone Tire & Rubber Co., 6 Cal.4th 965 (Cal. 1993)(check holding in this case). 9

Pratts v. Chater, 94 F.3d 34 (2nd Cir. May 14, 1996)(reversing ruling that an HIV+ individual was not disabled within the meaning of the Social Security Act). 126

Presbytery of New Jersey of the Orthodox Presbyterian Church v. Whitman, 99 F.3d 101 (3rd Cir. Oct. 25, 1996)(rejecting argument that a New Jersey statute banning sexual orientation discrimination violates constitutional rights of Christian Fundamentalist group). 151

Protective Life Insurance Co. v. Sullivan, 89 F.3d 1 (1st Cir. Jul. 15, 1996)(certifying questions to the Massachusetts Supreme Judicial Court in case where the District Court voided life insurance policy on the grounds of AIDS-related fraud). 105

Public Employees Federation v. State of New York, PERB Case No. U-16702 (Jan. 26, 1996)(stipulation restoring New York Law Department policy on sexual orientation). 19

Pulliam v. Smith, 476 S.E.2d 466 (N.C. Ct. App. Oct. 15, 1996)(reversing lower court and awarding gay father custody of his two children). 151


Quill v. Vacco, 80 F.3d 716 (2nd Cir. Apr. 2, 1996), cert. granted, 117 S.Ct. 36 (Oct. 1, 1996)(laws proscribing physician- assisted suicide impermissibly burden the Equal Protection Clause of the 14th Amendment). 70,158

Quick v. Donaldson Co., Inc., 70 F.3d 1372 (8th Jul. 29, 1996)(male employee "bagged" by male supervisor could maintain Title VII sex discrimination action). 116,138,148


R. v. Ministry of Defence ex parte Smith, All E.R. 257 (Ct. App. 1996)(see 1995 LGLN 162)(challenging the prohibition against gay members in the U.K. armed forces). 83

R. v. Currier, (B.C., Canada Ct. App. 1996)(upholding dismissal of criminal charges against a HIV+ man who engaged in unprotected sex with two women without informing either of his HIV-status). 182

R.E.W., In re, 471 S.E.2d 6 (1996)(awarding gay father unsupervised visitation rights). 45

R.E.W., In re, 472 S.E.2d 295 (Ga. Jul. 12, 1996)(allowing a gay father unsupervised visitation with his child). 117

Raintree Health Care Center v. Illinois Human Rights Commission, 672 N.E.2d 1136 (Ill. Oct. 18, 1996)(nursing home violated Illinois Human Rights Act by constructively discharging an HIV+ employee). 160

Rasmussen v. South Florida Blood Services, Inc., 500 So.2d 533 (Fla. 1987)(denying negligence plaintiff's request to obtain HIV status of donor). 10

Ray v. American National Red Cross, 685 A.2d 411 (D.C. Nov. 21, 1996)(reversing verdict favoring defendant and ordering new trial in HIV transfusion case because judge improperly instructed jury). 179

Rees v. State of Texas, 909 S.W.2d 264 (Tex. Ct. App. 1995)(rejecting appeal of conviction for obscenity arising from the showing of an explicit safe-sex video on a cable television program). 157

Reese v. AIDS Inst., NYS Dept. of Health, 1996 WL 560750 (2nd Cir. Oct. 3, 1996)(Slip copy)(HIV+ employee claiming illegal discharge under the ADA failed to establish prima facie case). 160

Regan v. Taxation With Representation, 461 U.S. 540 (1983)(holding that the government does not violate 1st Amendment by prohibiting lobbying by groups receiving tax-exempt status). 169

Reichenberg v. Perry, 909 F.Supp. 1303 (D. Neb. 1995)(deferring to Board of Inquiry recommendation for discharge despite gay officer's sworn statement that he had not and would not engage in prohibited conduct), app. denied, 73 F.3d 172 (8th Cir. 1995)(denying injunction pending appeal of discharge). 4,32

Reno v. Doe, 116 S.Ct. 2543 (U.S. Sup. Ct. June 24, 1996)(granting certiorari and vacating decision awarding damages to HIV-infected doctor who was fired by the FBI). 105

Republican Party of Texas v. Dietz, 924 S.W.2d 932 (Tex. Jun. 19, 1996)(Slip copy)(lifting a TRO which had mandated convention exhibition booth for a group supportive of gay and lesbian rights). 99

Rescue Mission Alliance v. Mercado, 637 N.Y.S.2d 580 (N.Y.A.D. 4 Dept. 1996)(no violation of NYS Human Rights Law when Mission staff member challenged plaintiff's assertion that she had no health problems). 40

Retterer v. Whirlpool Corp., *1996 WL 429009 (3rd Cir. Jul. 5, 1996)(male employee failed to state a claim for sexual harassment based on a hostile environment theory). 116

Rice v. United States, 917 F.Supp. 17 (D.D.C. Feb. 14, 1996)(ruling that adverse inference must be drawn by Government's destruction of plaintiff's blood sample). 55

Richardson v. Boy Scouts of America, Chicago Tribune, Feb. 22, 1996 (Chicago Commission on Human Relations)(imposing $100 fine and $500 damages against BSA for anti-gay hiring policy). 37

Richenberg v. Perry, 73 F.3d 172 (8th Cit. 1995)(Air Force Captain's statement denying previous homosexual conduct and swearing not to engage in future conduct insufficient to rebut "Don't Ask, Don't Tell" presumption). 46

Richenberg v. Perry, 97 F.3d 256 (8th Cir. Oct. 3, 1996)(holding constitutional the military's "don't ask, don't tell" policy adopted in 1993). 147

Riley v. Becton Dickinson Vascular Access, Inc., 913 F.Supp. 879 (E.D.Pa. 1995)(rejecting strict liability against manufacturer in HIV transmission suit). 25

Risely v. Hawk, 918 F.Supp. 18 (D.D.C. Feb. 15, 1996)(dismissing pro se inmate's allegations of violations of his 1st, 4th, 5th, 8th and 14th Amendment rights as well as violations of various civil rights statutes). 51

Roe v. Sherry, 91 F.3d 1270 (9th Cir. Jul. 31, 1996)(dismissing a Bivens action brought against Naval investigators after they revealed plaintiff's HIV+ test results). 124

Romer v. Evans, 116 S.Ct. 1620 (1996)(holding Colorado's Amendment 2 unconstitutional as a violation of the Equal Protection Clause of the 14th Amendment). 77,91,93,100,113,118,136,147,172

Rood v. Canteen Corp., 1996 WL 548174 (Conn. Super. Ct. Sep. 19, 1996)(Slip copy)(holding that plaintiff could maintain action for wrongful discharge based on sexual orientation discrimination). 156

Rosenberg v. Rector & Visitors of the University of Virginia, 115 S.Ct. 2510 (1995)(university's refusal to fund Christian student publication is impermissible viewpoint discrimination). 16

Rowan v. Scott, 665 So.2d 760 (La.App., 1 Cir. 1995)(primary custody with lesbian parent is not in best interest of child). 3

Rozak v. American Red Cross Blood Services, 945 F.Supp 1185 (N.D.Ind. Oct. 8, 1996)(finding plaintiff entitled to jury trial because defendant is not an instrumentality of the government and is not shielded by sovereign immunity). 177

Runnebaum v. NationsBank of Maryland, N.A., 95 F.3d 1285 (4th Cir. Sep. 19, 1996)(overturning district court's grant of summary judgment to employer in a employment discrimination action brought by an HIV+ plaintiff under ADA and ERISA). 141

Rushing v. United Airlines, 919 F.Supp. 1101 (N.D.Ill. Mar. 27, 1996)(holding same-sex harassment actionable under Title VII but granting summary judgment on other grounds). 62

Russaw v. Martin, 472 S.E.2d 508 (Ga. Ct. App. Jul. 12, 1996)(to win NIED claim after needlestick, a plaintiff must prove that exposure to HIV was as a result of defendant's negligence). 107

Russell v. United Parcel Service, 673 N.E.2d 659 (Ohio Ct. App. Mar. 28, 1996)(overturning grant of summary judgment in sex discrimination action brought by lesbian female supervisor fired for "fraternizing" with coworker). 62

Rust v. Sullivan, 500 U.S. 173 (1991)(sustaining "gag rule" in abortion counseling). 16,169

Ryan v. Ramsey, 936 F.Supp. 417 (S.D.Texas Aug. 1, 1996)(denying motion to dismiss case brought under Fair Housing Act by a PWA after a landlord refused to rent him an apartment). 127

S Selland v. Perry, 905 F.Supp. 260 (D.Md. 1995)(upholding discharge for violation of "don't ask, don't tell" policy). 5

Sable Communications v. FCC, 492 US 115 (1989)(indecent commercial telephone messages, i.e. "dial-a-porn", are protected speech). 93

Saladin v. Turner, 936 F.Supp. 1571 (N.D.Okla. May 23, 1996)(Not reported in F.Supp.)(awarding damages to an individual who was fired from his restaurant waiter job after his partner was diagnosed with AIDS). 107

Sanchez & Lagoudakis, 522 N.W.2d 472 (affirming a summary judgment in favor of a woman who was suspended from her restaurant waiter job following rumors that she had AIDS). 107

Sandlin v. Conner, 115 S.Ct. 2293 (1995)(rejecting inmate's constitutional challenge to controlled housing). 143

Sawatzky v. City of Oklahoma City, 906 P.2d 785 (Okla. Crim. App. 1995)(city anti-solicitation ordinance does not violate federal or state constitution). 79

Schoiber v. Emro Marketing Co., 941 F.Supp. 730 (N.D.Ill Oct. 3, 1996)(same-sex harassment not actionable under Title VII). 149

Schulman v. State Division of Human Rights, 621 N.Y.S.2d 143 (N.Y. App. Div., 2d Dept. Apr. 22, 1996)(annulling New York State Division of Human Rights discrimination award against private dentist on grounds that practice did not constitute "public accommodation" within the meaning of Executive Law  296). 72

Securities and Exchange Commission v. Life Partners, Inc., 87 F.3d 536 (D.C. Cir. Jul. 5, 1996)(viatical settlement contracts are not investment contracts subject to federal laws regulating sales of securities). 106

Selland v. Perry, 100 F.3d 950 (4th Cir. Nov. 7, 1996)(relying on Thomasson v. Perry in upholding discharge of admittedly gay naval officer). 170

Sellers v. State, 1996 WL 223537 (Tex. Ct. App. Apr. 29, 1996)((Not reported in S.W.2d)(evidence of defendant's HIV+ status properly admitted during punishment phase of trial for sexual assault of a child under the age of 14). 88

Shahar v. Bowers, 70 F.3d 1218 (11th Cir. 1995)(lesbian relationship is constitutionally-protected intimate and expressive association). 1,19,24,47

Sharpe v. Breglio, New York Times, Feb. 18, 1996 (Northampton, Mass.)(jury verdict finding dentist did not transmit HIV to patient despite negligent handling of instruments). 40

Sharrow v. Bailey and Williamsport Hospital, 910 F.Supp. 187 (M.D.Pa. 1995)(denying motion to dismiss plaintiff's claim of HIV-related discrimination under ADA and Rehabilitation Act). 26

Shaw v. PACC Health Plan, Inc., 908 P.2d 308 (Or. 1995)(state law claims for breach of contract and bad faith in denying coverage to PWA not pre-empted by ERISA). 27

Shea v. Reno, 930 F.Supp. 916 (S.D.N.Y. Jul. 29)(issuing a preliminary injunction precluding enforcement of section 223(d) of the Communication Decency Act). 115

Shelley v. Kraemer, 334 U.S. 1 (1948)(racially restrictive private covenants unenforceable on equal protection grounds). 4

Sherbert v. Verner, 374 U.S. 398 (1963)(state may not deny unemployment benefits to individual who, citing religious beliefs, refuses to work on Saturdays). 61

Sherer v. Foodmaker, Inc., 921 F.Supp. 651 (E.D.Mo. Apr. 10, 1996)(jury trial available to plaintiff in AIDS discrimination case despite express lack of right to jury trial under Missouri Human Rights Act). 72

Shermer v. Illinois Dep't of Transportation, 937 F.Supp. 781 (C.D.Ill. Aug. 30, 1996)(dismissing same-sex harassment case after commenting that such a claim is possible but difficult to prove). 138

Skinner v. Railway Labor Executives' Assoc., 489 U.S. 602 (1989)(blood and urine testing of railroad employees who violate safety rules does not violate the 4th Amendment). 129

Smallwood v. State of Maryland, 680 A.2d 512 (Md., Aug. 1, 1996)(holding that a rapist's knowledge that he was HIV+ was not, by itself, sufficient evidence to sustain an attempted murder conviction). 129

Smith v. Fair Employment and Housing Commission, 913 P.2d 1143 (Cal. Apr. 9, 1996)(holding landlord in violation of state's Fair Housing and Employment Act for refusing to rent to unmarried couple). 61

Smith-Bey v. Petsock, 741 F.2d 22 (holding that appointments of counsel for indigent litigants should be made upon showing that without such assistance there would be a "substantial prejudice" that would result). 56

Snyder v. American Assn. of Blood Banks, 676 A.2d 1036 (N.J. Jun. 4, 1996)(holding that blood transfusion recipients may hold the blood banking industry liable for negligent HIV infection). 105

Sosa v. Jefferson County, No. C-95-229 (W.D.Ky. Mar. 1, 1996)(jury award of $1,180,000 to AIDS infected plaintiff who was physically abused by prison staff). 56

St. David's Episcopal Church v. Westboro Baptist Church, 921 P.2d 821 (Kan. Jun. 21 1996)(refusing to vacate a TRO prohibiting picketing of religious services involving gay church members). 97

State ex. Rel. Sprague v. City of Madison (Wis. Ct. App. Sep. 26, 1996)(holding that local commission lacked authority to award money damages to lesbian who claimed emotional distress as a result of housing discrimination). 152

State v. Borchardt, 478 N.W.2d 757 (Minn. 1991)(upholding trial court's discretion to reject male rape trauma syndrome). 22

State v. Brown, 929 S.W.2d 508 (Tex. Ct. App. Sep. 5, 1996)(undercover police officer's observation of defendant masturbating in closed bathroom stall constituted illegal search). 137

State v. Collier, 913 P.2d 579 (Kan. Mar. 8, 1996)(affirming the conviction of defendant for the robbery and murder of gay man). 49

State v. Ford, 926 P.2d 245 (Mont. Oct. 17, 1996)(affirming conviction of individual but openly debating prejudicial effect of characterization of defendant's sexual orientation during trial or during prosecution summation witness). 153

State v. Foret, *996 WL 658871 (La. Ct. App., 5th Cir. Nov. 14, 1996)(affirming the conviction of two lesbians who murdered one the husband on one of the lesbians). 172

State v. Foster, 915 P.2d 567 (Wash. Ct. App., Div. 1 May 6, 1996)(ruling that defendant convicted of indecent liberties was improperly ordered to submit to HIV testing). 89

State v. Haines, 545 N.E.2d 834 (Ind. Ct. App. 1989)(bloody assault accompanied by statements that the defendant wanted to give the victim AIDS was sufficient to sustain a murder conviction). 129

State v. Hamilton, 681 So.2d 1217 (La. Sep. 5, 1996)(upholding death penalty of man convicted of killing priest who killer claims made homosexual advances). 136

State v. Hinkhouse, 912 P2d 921 (Orr. App. Mar. 6, 1996)(affirming attempted murder conviction of HIV-positive defendant who engaged in repeated unprotected sex). 55

State v. Kaiama, 81 Haw. 15, 911 P.2d 735 (Haw. 1996)(affirming conviction for murder of gay man despite defendant's attempt to invoke homosexual panic defense). 33

State v. Kobel, 927 S.W.2d 455 (Mo. Ct. App., WD Jun. 25, 1996)(upholding the assault conviction of a individual acting as a member of an anti-gay group of individuals). 98

State v. Langley, 600 So.2d 717 (La. Ct. App. Sep. 4, 1996)(upholding admissibility of prior bad acts evidence against gay defendant who targeted older gay men). 136

State v. Lopes, 660 A.2d 707 (R.I. 1995)(rejecting challenge to sodomy/solicitation laws). 32

State v. Millante, 80 Wash.App. 237, 908 P.2d 374 (Wash. Ct. App. 1995)(testimony that defendant planned to kill his girlfriend because she was having a lesbian relationship sufficient to support murder conviction). 22

State v. Miller, 476 S.E.2d 535 (Va. Jun. 14, 1996)(upholding the life sentence of lesbian woman convicted of murdering man). 100

State v. Morales, 826 S.W.2d 201 (1992), rev'd on other grounds, 869 S.W.2d 941 (Tex. 1994)(state constitutional privacy rights applies to consensual sexual conduct between adults). 102

State v. Movsovitz, Topeka Capital-Journal, November 8, 1995 (challenging, on equal protection grounds, conviction of gay artist for soliciting policeman under state sodomy laws). 7

State v. Oliver, 682 So.2d 301 (La. Ct. App., 4th Cir. Oct. 11, 1996)(reversing robbery and kidnapping conviction of bisexual man because prosecutor failed to turn over statement that might have impeached prosecution witness). 153

State v. Peavyhouse, 1996 WL 129840 (Tenn. Crim. App. Mar. 22, 1996)(Not Reported in S.W.2d)(upholding conviction for acts of anti-gay violence including two murders, two attempted murders and four assaults). 66

State v. Pounders, 913 S.W.2d 904 (Mo. Ct. App. 1996)(killer of gay man cannot use force in defense of third person as defense to murder charge). 22

State v. Rulon, 935 S.W.2d 723 (Mo. Ct. App. Oct. 29, 1996)(Slip copy)(trial court judge did not abuse his discretion by cutting off questioning jurors about their attitudes on homosexuality in case involving the murder of gay man by his ex-lover). 154

State v. Russo, 734 P.2d 156 (Haw. 1987)(requiring objective standard in determining extreme mental or emotional disturbance). 33

State v. Thomas, 522 N.W.2d 897 (Wis. Ct. App. May 9, 1996)(upholding 1st degree assault conviction of HIV+ man who had sexual relations with a young girl). 107

State v. Walker, 546 N.W.2d 579 (Wis. Ct. App. 1996)(affirming conviction of intentional homicide for murder of gay man). 21

State v. Woods, 249 Neb. 138, 542 N.W.2d 410 (Neb. 1996)(overturning manslaughter conviction of lesbian partner for procedural errors at trial). 17

Steffan v. Perry, 41 F.3d 677 (D.C. Cir., en banc, 1994)(upholding constitutionality of military policy banning gay servicemembers). 60,118

Stokes v. Meimaris, *1996 WL 239866 (Ohio Ct. App. May 20, 1996)(upholding damage award to woman whose ex-husband, in the course of a child custody dispute, told police and others that wife was a lesbian). 82

Storrs v. Holcomb, 645 N.Y.S.2d 286 (N.Y. Sup. Ct., Thomkins Co. Jun 25, 1996)(upholding city clerk's denial of marriage license to same-sex couple). 100

Stringfellow's of New York, LTD v. City of New York, N.Y.L.J., Jul. 3, 1996, p.26, (Sup.Ct, N.Y.Co., Oct. 23, 1996)(rejecting constitutional challenge to New York City anti-smut zoning ordinance). 154

Sullivan v. Delta Air Lines, 44 Cal.App.4th 1345 (Cal. Ct. App. Mar. 25, 1996)(vacating jury award for emotional distress in employment discrimination action due to litigant's death while appeal was pending). 55

Support Ministries v. Village of Waterford, 808 F.Supp. 120 (N.D.N.Y. 1992)(village's enactment of zoning amendments to block group home for PWA violated Fair Housing Act). 73

Swage v. The Inn Philadelphia, 1996 WL 368316 (E.D.Pa. Jun. 21, 1996)(Not reported in F.Supp)(refusing to dismiss sexual harassment claim brought by a male employee against a male supervisor). 101


Tabron v. Grace, 6 F.3rd 147 (3rd Cir. 1993)(proposing factors to be considered when appointing counsel for indigent plaintiffs). 56

Tanner v. Oregon Health Sciences University, 1996 WL 585547 (Or.Cir.Ct. Multnomah Co. Aug. 8, 1996)(Slip copy)(state must extend insurance benefits to domestic partners of state employees on the same basis as it makes benefits available to spouses of state employees). 114,135

Tanner v. Prima Donna Resorts, Inc., 919 F.Supp. 351 (D.Nev. Jan. 23, 1996)(denying defense motion to dismiss same-sex harassment claim). 62

Tedder v. State, 463 S.E.2d 697 (Ga. 1995)(striking jurors who expressed animus toward gay men which were not based merely on stereotyping). 43

Therrien v. Mount Sinai Hosp., 1996 WL 497411 (Conn. Super. Ct. Aug. 21, 1996)(Slip copy)(employee-nurse who suffered needlestick can sue for NIED resulting from hospital's failure to convene committee to correct procedures). 144

Thomas v. Thomas, 1996 WL 679985 (Va. App. Nov. 26, 1996)(Slip copy)(upholding granting of divorce on the ground that husband's "coming out" constituted cruelty). 171

Thomasson v. Perry, 80 F.3d 915 (4th Cir. 1996) cert. denied, 117 S,Ct. 358 (upholding military's "Don't Ask, Don't Tell" policy as a legitimate use of congressional power). 59,64,94,136,147,148,170

Thorne v. United States Dept. of Defense, 916 F.Supp. 1358 (E.D.Va. 1996)(ordering parties to demonstrate if admittedly gay servicemember can rebut presumption of homosexual conduct without a recantation). 45

390 West End Associates v. Wildfoerster, N.Y.L.J., May 30, 1996 (denying succession claim to gay partner of rent-stabilized tenant on the grounds that survivor did not establish that he was a family member of deceased tenant). 81

Tietgen v. Brown's Westminster Motors, Inc., 921 F.Supp. 1495 (E.D.Vir. Apr. 18, 1996)(harassment occurring on the basis of gender is actionable under Title VII whether or not harasser is same gender as complainant). 62

T.J.K. and K.A.K., In re Adoption of:, 1996 WL 316800, 22 Fam. L. Rep. (B.N.A.) 1379 (Colo. Ct. App. Jun. 13)(denying two cohabiting lesbian mothers the rights and duties associated with "stepparent adoption" for the other partner's natural child). 96

Toboso-Alfonso, Matter of, (easing burden on lesbian and gay aliens seeking asylum in U.S.). 8

Tokar v. Armontrout, 97 F.3d 1078 (8th Cir. Oct. 8, 1996)(rejecting claim that inadequate prison facilities violated HIV+ inmates rights under the 8th Amendment and Equal Protection Clause). 159

Tolon v. Bd. of County Commissioners of Johnson County, Kan., 1995 WL 761452 (D.Kan. Dec. 18, 1995)(Not reported in F.Supp.)(HIV status alone is not sufficient reason to relocate witness' deposition). 29

Ton v. Information Resources, Inc., 70 Fair Empl.Prac.Cas. (BNA) 355, 1996 WL 5322 (N.D.Ill. Jan. 4, 1996)(Not reported in F.Supp.)(same-sex sexual harassment actionable under Title VII). 20

Torres v. National Precision Blanking, 943 F.Supp. 952 (N.D.Ill Oct. 8, 1996)(same-sex harassment not actionable under Title VII). 149

Town of Slip v. Caviglia, 73 N.Y.2d 544 (1989)(upholding zoning restricting sex-related businesses). 154

Tucker v. Tucker, 910 P.2d 1209 (Utah 1996)(restoring trial court award of custody to heterosexual father rather than to lesbian mother). 17

Tumeo v. University of Alaska, 1995 WL 238359, No. 4FA-93-43 Civil (Alaska Super., Jan. 11, 1995)(Not reported in P.2d)(upholding domestic partnership claim). 24,83

12th Street Gym, Inc. v. General Star Indemnity Co., 93 F.3d 1158 (3rd Cir. Aug. 28, 1996)(remanding ADA and tort claim by PWA who was barred from gym). 125


United States v. Fisher Funeral Home,(Portsmouth, Va.) NY Times, Jan. 20, 1996(settling claims that funeral home had discriminated against persons who died from AIDS). 29

U.S v. Borkowski, 97 F.3d 1461 (9th Cir. Sep. 19, 1996)(refusing to grant a downward departure from federal sentencing guidelines for HIV+ man convicted of mail fraud). 158

U.S. Dept. of Agriculture v. Moreno, 413 U.S. 528 (1973)(striking down regulation, on equal protection grounds, limiting federal food stamps to households of related persons). 4,78

U.S. v. Neufeld and Mickle, Columbus Dispatch, Sep. 18, 1996 (D.Ohio Sep. 17, 1996)(declaring a mistrial after prosecution witness identified doctor and co-defendant as homosexual lovers). 145

U.S. v. Shasky, 939 F.Supp. 695 (D.Neb. Sep. 6, 1996)(departing downward from sentencing guidelines for individual convicted of receiving materials via computer involving sexual exploitation of a minor). 139

Ulane v. Eastern Airline, 742 F.2d 1081 (7th Cir., 1984) cert. denied, 471 U.S. 1017 (1985)(same-sex sexual harassment is not actionable under Title VII). 149

United Fidelity Life Insurance Co. v. Emert, 57 Cal.Rptr.2d 14 (Ca. Ct. App. Sept. 26, 1996)(allowing the beneficiary to recover death benefit from insurance policy despite insured's concealment of HIV+ status). 162

United States v. Belt, 89 F.3d 710 WL 393005 (10th Cir. July 15, 1996)(rejecting gay individual's challenge to his prison sentence based on his sexuality being raised during sentencing hearing). 99

United States v. Goldsmith, 1995 WL 730266 (A.F. Ct. Crim. App. Nov. 20, 1995)(HIV+ officer guilty of aggravated sexual assault for engaging in unprotected sex with two women). 12

United States v. Johnson, 30 M.J. 53 (C.M.A.), cert. denied, 498 U.S. 919 (1990)(upholding aggravated assault conviction of defendant who knew he was HIV+). 12

United States v. Jones, 1996 WL 287967, 44 M.J. 103. (Ct. Mil. App. May 29, 1996)(upholding dishonorable discharge and 1 year confinement of HIV+ soldier who had an adulterous affair with the wife of another soldier). 109

United States v. Morvant, 898 F.Supp. 1157 (E.D.La. 1995)(ordering dentist to treat people with HIV). 10

United States v. Palmer, 68 F.3d 52 (2nd Cir. 1995)(enhancing sentence of Ku Klux Klan leader based on prior plea of nolo contendere to gay-bashing charge). 6

United States v. Pollard, 78 F3d 596 (9th Cir. Feb. 23, 1996)(imposing a maximum sentence for bank robbery on an HIV- positive defendant). 54


Van Dyke v. Van Dyke, 425 S.E.2d 853 (Ga. 1993)(same-sex cohabitator not disqualified from receiving alimony). 43

Village of Waterford v. Reliance Insurance Co., 640 N.Y.S.2d 671 (N.Y. App. Div., 3d Dept. Apr. 11, 1996)(upholding insurer's right to disclaim indemnification of village in discrimination suit brought by organization blocked from creating group home for PWA). 73

Vladimir P., In re, 670 N.E.2d 839 (Ill. Ap. Ct., 1st Dist. Sep. 20, 1996)(rejecting challenge to Illinois hate-crimes law). 139


Wagner v. Hy-Vee Food Stores, Inc., 1995 WL 716788 (D.Kans. Nov. 16, 1995)(Not reported in F.Supp.)(dismissing claim of grocery employee discharged after revealing his relationship with former employee accused of embezzlement). 5

Waag v. Thomas Pontiac, 1996 WL 179860 (D.Minn. Apr. 12)(Not reported in F.Supp.)(same-sex harasser could be held liable under Title VII). 63

Waage v. Cutter Biological Division of Miles Laboratories, 926 P.2d 1145 (Alaska Nov. 22, 1996)(reversing lower court and remanding for resolution of factual issues in HIV-transmission claim against blood products company). 178

Walker v. Dist. of Columbia, 602 A.2d 639 (D.C. Aug. 29, 1996)(holding that the District of Columbia can reclaim Medicaid funds it paid for an AIDS patient's care from a tort recovery won by the patient's estate). 143

Walker v. Merrimack School Bd., (D.N.H.)(filing suit claiming district's anti-homosexual policy violates 1st Amendment). 36

Wans v. State, 1996 WL 671355 (Alaska Ct. App. Nov. 20, 1996)(Not reported in P.2d)(affirming ten year prison sentence for HIV+ man who had unprotected sex with fourteen-year-old girl). 180

Ward v. Goldman Sachs & Co., 67 Empl.Prac.Dec. P43,845, 1996 WL 3930 (S.D.N.Y. Jan. 3, 1996)(Not reported in F.Supp.)(claim of gossip, derogatory comments and discriminatory treatment does not meet New York's test for intentional infliction of emotional distress). 33

Ward v. Ridley School District, 940 F.Supp. 810 (E.D.Pa. Oct. 4, 1996)(same-sex sexual harassment is not actionable under Title VII unless the harassment occurs because of plaintiff's sex). 149

Ward v. Ward, (Escambia Cty., Fla. 1995), Miami Herald, Orlando Sentinel, St. Petersburg Times, Feb. 1, 1996 (appealing trial court decision that mother's cohabitation with lesbian partner was sufficient to modify custody decree). 23

Ward v. Ward, 1996 W 491692 (Fla. Dist. Ct. App., 1st Dist. Aug. 20, 1996)(Slip copy)(revoking lesbian mother's custody of child in favor of father who had been convicted of murdering former wife). 134

Washington v. Meachum, 680 A.2d 262 (Conn. Aug., 1996)(rejecting prisoners' argument that officials' monitoring telephone calls should be prohibited because it could be construed as compelling the disclosure of an individual's HIV status). 130

Watson v. Perry, 918 F.Supp. 1403 (W.D.Wa. 1996)(upholding "Don't Ask, Don't Tell" discharge of officer who admitted and refused to rebut "homosexual orientation."). 46

Wayte v. United States, 470 U.S. 598 (1985)(mere discriminatory effect insufficient to punish for discriminatory effect). 45

Weiner v. Lenox Hill Hosp., 650 N.Y.S.2d 629 (N.Y. Nov. 19, 1996)(ordinary negligence statute of limitations applies to HIV transfusion suit). 178

Whitaker v. Board of Review, Ohio Board of Employment Services, 1996 WL 362081 (Ohio Ct. App. Jun. 25, 1996)(Slip copy)(upholding denial of unemployment benefits to an employee fired for making racist, sexist and homophobic comments to other employees). 102

Wiley v. Burger King, 1996 WL 648455, 72 Fair Empl. Prac. Cas. (BNA) 500 (E.D.Pa. Nov. 8, 1996)(same-sex sexual harassment actionable under Title VII). 173

Wilhelm v. Sunrise Northeast, Inc., 923 F.Supp. 330 (D.Conn 1995)(federal law preempts state court claim of sexual orientation discrimination against employer as well as union's failure to provide adequate representation). 64

Williams v. American Cyanamid, 164 F.R.D. 615 (D.N.J. Feb. 15, 1996)(limiting discovery in claim of HIV transmission by oral polio vaccine). 56

Williams v. Banning, 72 F.3d 553 (7th Cir. 1995)(supervisor acting in individual capacity does not fall within Title VII's definition of employer). 62

Williams v. District of Columbia, 916 F.Supp. 1 (D.D.C. 1996)(allegations of same-sex sexual harassment form cognizable Title VII claim). 34

Williamson v. Waldman, 677 A.2d 1179 (N.J. Super. Ct. App. Div. Jul. 2, 1996)(holding that actual exposure to HIV is not required to state a claim of NIED as a result of an accidental needlestick). 128

Wisconsin v. Mitchell, 113 S.Ct. 2194 (1993)(evidentiary use of speech to establish elements of a crime or motive or intent is not violation of 1st Amendment). 118

Wisconsin v. Yoder, 406 U.S. 205 (1972)(state may not compel religious sect, contrary to their beliefs, to send children to school past 8th grade). 61

Woodland v. Houston, 918 F.Supp. 1047 (S.D.Tex. Jan 4, 1996)(holding unconstitutional the use of polygraph examination as a pre-employment screening device). 50

Woodward v. U.S., 871 F.2d 1068 (Fed.Cir. 1989), cert. denied, 494 U.S. 1003 (1990)(holding that homosexuality is not immutable but rather behavioral in nature). 118

Wright v. Methodist Youth Services, 511 F.Supp. 307 (N.D.Ill. 1981)(same-sex harassment involves gender discrimination and is thereby actionable under Title VII). 21,62

Wrightson v. Pizza Hut of America, Inc. 909 F.Supp. 367 (W.D.N.C. 1995)(Congress did not intend to prohibit same-sex sexual harassment under Title VII). 21

Wrightson v. Pizza Hut of America, Inc., 99 F.3d 138 (4th Cir. Oct. 31, 1996)(same-sex sexual harassment is actionable under Title VII providing the harasser is homosexual and the harassee is heterosexual). 150


Yukoweic v. International Business Machines, 643 N.Y.S.2d 747 (N.Y. App. Div., 3d Dept. Jun. 1996)(dismissing claim of sexual harassment because comments would have been offensive to either men or women). 101


ZD v. Sec'y of Veterans Affairs, 1996 WL 26173 (Vet. App. Jan 18, 1996)(Slip copy)(veteran's service connection for HIV is effective from date he filed 1st successful claim). 39