Lesbian/Gay Law Notes - 1997 Case Table
Compiled by Seth M. Rosen, NYLS '99, Professor Arthur S. Leonard, and Charles Wertheimer, NYLS '97

Converted to html by Ron Buckmire

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Abbott v. Bragdon, 107 F.3d 934 (1st Cir. Mar. 5, 1997), cert.
granted, 118 S.Ct. 554 (Nov. 26, 1997) (affirming that the ADA
extends to asymptomatic HIV+ individual who was denied dental
care). 38

Able v. United States, 68 F.Supp. 850 (E.D.N.Y., July 2, 1997)
("don't ask, don't tell" policy violates the equal protection
requirment of the 5th Amendment). 20, 89, 137, 159

ACT-UP Triangle v. Commission for Health Services, 483 S.E.2d 388
(N.C. April 11, 1997) (rejecting constitutional challenge to
HIV-testing with name reporting). 62

Advincula v. United Blood Services, 176 Ill.2d 1, 678 N.E.2d 1009
(Ill. Dec. 19, 1996) (reversing a jury award of $2.14 million in
damages and declaring that the professional standard of care rather
than reasonable person test should apply to blood bank). 14

Agostini v. Felton, 117 S.Ct. 1997 (June 23, 1997) (overturning
decision barring public school systems from sending their teachers
to religious school to provide remedial education). 93

Aguilar v. Felton, 473 U.S. 402 (1985) (overruled by Agostini v.
Felton, above). 93

Aiello v. Southeastern Pennsylvania Transportation Authority, 687
A.2d 399 (Pa. Commonw. Ct., Dec. 13, 1996) (ruling that defendant
had compelling reason to introduce evidence of plaintiff's HIV
infection). 7

Alexander v. Gardner-Denver Co., 415 U.S. 36 (1974) (stating that
while arbitration provides a contractual remedy, a law suit under
Title VII concerns statutory rights). 162

Allen v. Cub Foods Corporation and Rush Prudential Insurance (N.D.
Ill., Sept. 5, 1997) (ruling that claim for failure to pay medical
expenses survives under ERISA, but fails under the ADA). 153

Allen v. Wood, 970 F.Supp. 824 (E.D. Wash, June 9, 1997) (holding
prison authorities can intercept lesbian/gay oriented material
before reaching prisoners). 122

Allred v. Solaray, Inc., 971 F.Supp. 1394 (D. Utah, July 21, 1997)
(holding claims of ADA violation do not survive after plaintiff's
death). 131

Amatel v. Reno, 975 F.Supp. 365 (D.D.C., Aug 12, 1997) (statute
prohibiting federal prisons from distributing sexually explicit
publications to prisoners violates the First Amendment). 119

Amer v. Johnson, Case No. 92-14370 (Fla.Cir.Ct., Broward Co., July
27, 1997) (upholding statute prohibiting homosexuals from
adopting). 117

American Airlines v. Metzler, 958 F.Supp. 273 (N.D. Tex., April 8,
1997) (sec. 503 of the Rehabilitation Act does not create a cause
action to sue for disability discrimination). 66

Amex Life Assurance Co. v. Superior Court, 930 P.2d 1264 (Cal. Feb.
24, 1996) (rejecting insurance company appeal of decision requiring
payments to PWA's beneficiary despite PWA sending imposter to
medical exam to hide HIV+). 29

A.R. v. Kogan , 964 F.Supp. 269 (N.D.Ill May 29, 1997) (an HIV+
person is "handicapped" under the federal Rehabilitation Act). 107

Arbeiter v. New York, 117 S.Ct. 1698 (May 12, 1997) (denying review
of decision allowing prosecution of gay rights demonstrators
arrested on St. Patrick's Day 1994). 71

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Baehr v. Lewin, 825 P.2d 44 (Haw. 1993)(same-sex marriage exclusion
must be tested under heightened scrutiny as a form of sex

Baehr v. Miike, 910 P.2d 112 (Haw. 1996) (rejecting attempt by
Morman Church to intervene in same-sex marriage case). 4,9,44, 56

Baehr v. Miike, 1996 WL 694235 (Haw. Cir. Ct., 1st Cir. Dec. 3,
1996) (Hawaii's prohibition against same-sex marriages violates
state constitution's equal protection clause). 9, 73

Bain v. Wells, 936 S.W.2d 618 (Tenn. Jan 13, 1996) (granting
summary judgment to defendant hospital sued by patient claiming
NIED after being placed in room with HIV+ patient). 9

Baker v. English, 932 P.2d 57 (Or. Feb. 21, 1997) (holding trial
court's denial of discovery request nonprejudicial and affirming
award against doctor who had prescribed allergy-causing AIDS drug).

Baker v. General Motors, 86 F.3d 811 (8th Cir), cert. granted, 117
S.Ct. 1310 (Mar. 24, 1997), rev'd, 118 S.Ct. 657 (Jan. 13, 1998)
(Circuit Court reversed jury verdict on grounds that court's
ordering expert witness to testify violated the Full Faith and
Credit Clause of the Constitution; subsequently reversed by S.Ct.
in 1998). 45

Baldetta v. Harborview Medical Center, 116 F.3d 482 (9th Cir. June
11, 1997) (refusal to cover "HIV-Positive" tattoo is misconduct
sufficient for discharge). 106

Barne v. Barne, 943 P.2d 1036 (N.M. Ct. App., May 5, 1997) (holding
New Mexico court properly asserted jurisdiction in custody
visitation case). 119

Barnes v. Yellow Freight System, 1997 WL 452954 (N.D. Tex., Aug 7,
1997) (granting summary judgment against HIV+ plaintiff's
discrimination complaint).  133

Berios v. Miles, Inc., 1997 WL 724570 (Mich. Ct. App., Nov. 21,
1997) (upholding dismissal of hemophilia HIV transmission case due
to statute of limitations). 181

Beller v. Mittendorf, 632 F.2d 788 (1980), cert. denied, 452 U.S.
905 (1981) (military's policy of discharging service members for
homosexuality is constitutional). 19

Bellom v. Neiman Marcus Group, Inc., 975 F.Supp. 527 (S.D.N.Y., Aug
26, 1997) (denying summary judgment motion in same-sex harassment
suit brought under Title VII). 142

Berner v. Delhanty, 129 F.3d 20 (1st Cir., Oct. 28, 1997) (holding
attorney could not wear button with pro-gay political slogan in the
courtroom). 164

Bessette v. Saratoga County Comm'r, 619 N.Y.S.2d 359 (N.Y. App.
Div., 1994)(rejecting visitation petition brought by former foster
parents). 39

Blair v. Elwood Union Free Public Schools, 656 N.Y.S.2d 52 (App.
Div. 2nd Dept. April 7, 1997) (court upholds dismissal of AIDS
phobia claim). 64

Blake v. Grede Foundries, Inc., 1997 WL 157126 (Ka. Cir. Ct., March
20, 1997) (denied motion to dismiss same-sex harassment claims
under Title VII of Civil Rights Act, Title I of the ADA, and the
Kansas Act Against Discrimination). 57

Blood Services v. Longoria, 938 S.W.2d 29 (Tex. Jan 21, 1997)
(upholding trial court's exclusion of expert testimony regarding
blood bank operations). 51

Blueford v. Prunty, 108 F.3d 251 (9th Cir. Mar. 6, 1997) (upholding
lower court's granting of qualified immunity to prison official
accused by inmate of same-sex sexual harassment). 46

BMW of North America v. Inc. v. Gore, 116 S.Ct. 1589 (1996)
(outlining the scope of acceptable punitive damage awards). 117

Bogdahn v. Hamilton Standard, 973 F.Supp. 52 (D. Mass., July 23,
1997) (granting summary judgment against gay employee on claims of
discrimination and intentional infliction of emotional distress).

Boswell v. Boswell, 701 A.2d 1153 (Md. Ct. Spec. App., Oct 29,
1997), reconsideration denied, Dec. 5, 1997 (vacating and remanding
decision that put limitations on visitation rights of gay father).

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

Bottoms v. Bottoms, 1997 WL 421218 (Va. Ct. App., July 29, 1997)
(homosexuality of the parent is not the only factor that should be
considered when granting visitation). 1, 117

Bowen v. Bowen, 688 So.2d 1374 (Miss. Feb. 27, 1997)(stating that
learning that his mother is a lesbian would be the "most hurtful"
thing a child could hear). 40

Bowers v. Hardwick, 478 U.S. 186 (1986) (right to privacy does not
extend to same-sex sodomy).  20, 87, 93, 94, 127, 160

Branche v. Commonwealth, 25 Va.App. 480, 489 S.E.2d 692 (Va. Ct.
App., Sept. 2, 1997) (holding statutes that assign higher penalties
to sex performed by men then performed by women are
constitutional). 143

Braschi v. Stahl Associates, Inc., 74 N.Y.2d 210 (N.Y. 1989) (rent
control regulations affording succession rights to family members
include same-sex partners). 73, 120

Brennan v. Freyer, 1997 WL 717054 (E.D.Pa., Nov. 12, 1997)(denying
summary judgment where prisoner is suing prison officials for
spreading rumors that he is gay). 177

Broome v. State, 687 N.E.2d 590 (Ind. Ct. App., Nov. 14, 1997)
(excluding evidence concerning murder victim's homosexual
activities as irrelevant). 176

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Caldwell v. KFC Corporation, 958 F.Supp. 962 (N.J. Cir. March 25,
1997) (heterosexual male claiming same-sex harassment has a cause
of action under Title VII of the Civil Rights Act of 1964).  57

Camper v. Minor, 915 S.W.2d 437 (Tenn. 1996) (holding that
"physical manifestation" or "injury" rule not applicable to test
validity of NIED claim). 9

Carparts Distribution Center v. Automotive Wholesalers' Ass'n, 37
F.3d 12 (1st Cir., 1994) (a multi-employer group health plan can be
sued as an "employer" under Title I of the ADA). 65, 129

Carrol v. Sisters of St. Francis, 868 S.W.2d 585 (Tenn. 1993)
(requiring plaintiff to show actual exposure to HIV before
allowing claim of NIED). 9

Caspary v. State, 1997 WL 103688 (Wash. Ct. App. Mar. 10, 1997)
(upholding dismissal of tort actions brought by correction officer
bitten by HIV+ inmate). 50

Chandler v. City of Dallas, 2 F.2d 1385 (5th Cir. Sep. 20, 1993)
(rejecting Equal Employment Opportunity Commission interpretive
guidelines and ruling that an individual with a correctable
disabling condition is not disabled
under the ADA). 16

Chez Sez VIII, Inc. v. Poritz, 688 A.2d 119 (N.J. Super. Ct. App.
Div. Feb. 7, 1997) (upholding statute criminalizing adult video
stores which offer enclosed viewing areas). 42

City of Atlanta v. McKinney, 454 S.E.2d 517 (Ga. 1995) (holding
city domestic partnership benefits ordinance ultra vires while
sustaining the Human Rights and partner registration ordinances).

City of Atlanta v. Moran, 492 S.E.2d 193 (Ga., Nov. 3, 1997)
(upholding the constitutionality of domestic partner benefit
ordinance). 174

City of Boerne v. Flores, 117 S.Ct. 2157 (June 25, 1997) (finding
the Religious Freedom Restoration Act unconstitutional). 93

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). 19

City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986)
(upholding content neutral-time, manner and place restrictions on
business location). 175

City of Wichita v. Edwards, 939 P.2d 942 (Kan. Ct. App. May 23,
1997)(upholding statute prohibiting bias crimes). 76

Cloutier v. Prudential Insurance Co., 964 F.Supp. 299 (N.D.Cal.
March 21, 1997) (the practice of not selling life insurance to
anyone in a sexual relationship with an HIV+ person may violate
Title III of the ADA and California's Unruh Civil Rights Act). 63

Cobo v. Raba, 481 S.E.2d 101 (N.C. Ct. App. Feb. 18, 1997)
(overturning malpractice judgment on grounds that the trial court
improperly instructed jury on contributory negligence in case of
psychiatrist's treatment of depressed homosexual). 24
Coe v. Osei, NYLJ, June 5, 1997 p. 28, col. 4 (N.Y. Sup. Ct., N.Y.
County) (rejecting motion to dismiss charges of HIV transmission
and administering blood transfusion without informed consent). 110

Colasanto, Trustee v. Life Insurance of North America, 100 F.3d 203
(1st Cir. Nov. 15, 1996) (awarding the proceeds of decedent's life
insurance policy to his surviving companion). 2

Collins v. Youngblood, 497 U.S. 37 (1990) (Constitution's ex post
facto prohibition applies only to penal statutes and not procedural
changes). 33

Colorado for Family Values v. Meyer, 936 P.2d 631 (Colo. Ct. App.
Mar. 20, 1997) (CFV subject to disclosing requirements because
fundraising concerned an "issue" within meaning of the law). 47

Commonwealth v. Martin, 676 N.E.2d 451 (Mass. Feb. 26, 1997)
(reversing appellate court and reinstating conviction and thereby
rejecting claims that trial court's handling of defendant's HIV
status was prejudicial). 33

Community Blood Centers of South Florida, Inc. v. Damiano, 697
So.2d 948) (Fla. Dist. Ct. App., 4th Dist., July 30, 1997) (holding
blood banks are not health care providers under the state's Medical
Malpractice Reform Act). 133

Condor, Inc. v. Board of Zoning Appeals, 493 S.E.2d 342 (S.C., Nov.
4, 1997)(upholding city ordinance restricting the location of
sexually oriented businesses). 175

Continental Can Co., Inc. v. State, 297 N.W.2d 241 (Minn. 1980)
(prohibiting sexual harassment in the workplace). 142

Cortes v. McDonald's Corp., 955 F.Supp. 541 (E.D.N.C. Oct. 3, 1996)
(HIV infection is not a disability within the meaning of the ADA).

Crawford v. City of Chicago, Chicago Tribune, May 13, 1997 (Cook
County Cir. Ct., May 12, 1997)(allowed domestic partnership
ordinance to go into effect). 73

Cummings v. Koehnen, 556 N.W.2d 586 (Minn. Ct. App. Dec. 17, 1996),
aff'd, 568 N.W.2d 418 (Minn., Aug. 28, 1997) (holding that a
plaintiff can establish a sexual harassment claim without proving
that the harassment is "because of" or "based on" sexual
orientation). 2, 141

Curiale v. Reagan, 222 Cal.App.3d 1597, 272 Cal.Rptr. 520 (Cal. Ct.
App., 1990) (state courts cannot make custody or visitation rulings
in cases brought by unmarried partners of single parents). 175

Curran v. Mt. Diablo Council, Boy Scouts of Amer., 29 Cal.App.4th
192 (Cal. Ct. App. 1994) (holding that the Boy Scouts are not a
business establishment within the meaning of the Unruh Civil Rights
Act). 5

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Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993)
(outlining standards to be applied by trial courts when determining
the admissibility of expert testimony). 130

Derdiarian v. Felix Contracting Corp., 51 N.Y.S.2d 308 (1980)
(establishing foreseeability standard in NY state tort law). 110

Discount Adult Books & Video v. City of Santa Ana, Los Angelos
Times (Cal. Ct. App. 4th Dist., Sept. 25, 1997) (not officially
published) (affirming decision that sting operation against an
adult video store was handled improperly). 145

Dobre v. National Railroad Passengers Corporation, 850 F.Supp 284
(E.D.Pa. 1993) (Transsexuals not protected under the Pennsylvania
Human Relations Act). 76

Doe, In re John: Care and Protection of Minor Child, National Law
Journal (July 7, 1997)(petition for cert., where family seeks
termination of foster child agreement where child is gay, and
family does not approve of homosexuality). 98

Doe v. Attorney General, 686 N.E.2d 1007 (Mass., Nov. 17, 1997)
(holding the state's sex offender notification act violates state
constitutional due process rights). 173

Doe v. City of Belleville, 119 F.3d 563 (7th Cir., July 17, 1997)
(holding same-sex harassment actionable under Title VII). 115, 141

Doe v. City of Kokomo, 729 F.Supp 376 (S.D. Ind., March 18, 1997)
(police officer violated HIV+ waiter's constitutional rights when
he refused service). 66

Doe v. City of New York, 15 F.3d 264 (2nd Cir. 1994) (holding that
an individual has constitutional right to protect the
confidentiality of his or her HIV status). 7

Doe v. City of Standford, 241 Conn. 692, 699 A.2d 52 (Conn., July
22, 1997) (holding the state's workers compensation law must assume
medical expenses incident to employee's exposure to HIV). 129

Doe v. Daily News, 632 N.Y.S.2d 750 (N.Y. Super. Ct., N.Y. Co.
1995) (finding anonymously identified rape victim public figure).

Doe v. Daily News, N.Y.L.J., Feb. 6, 1997, p. 28, col. 6 (N.Y.
Super. Ct., N.Y. Co. Feb. 5, 1997) (dismissing libel claim brought
by anonymously identified victim against columnist who reported
misinformation given him by police sources). 24, 53

Doe v. Denny's, Inc., 931 P.2d 816 (Or. App. Jan. 29, 1997)
(denying for lack of evidence claim of woman alleging she was
forced to resign her food service job because of her HIV+ status).

Doe v. Greater New York Blood Program, 304 N.J.Super. 287, 700 A.2d
377 (N.J. App. Div., July 28, 1997) (holding that a blood bank in
January, 1992, had no duty to implement high risk screening
procedures to test for HIV). 168

Doe v. Hemophilia Center of Rochester, 1997 WL 723340 (N.Y. App.
Div., 4th Dept., Nov. 19) (affirming dismissal of complaint of a
woman alleging her husband was infected with AIDS as a result of
treatment supplied by defendant). 182

Doe v. Marsh, 105 F.3d 106 (2nd Cir. Jan. 22, 1997) (government
officials who identified HIV+ individuals entitled to qualified
immunity in a 42 U.S.C.  1983 action). 31

Doe v. Massachusetts Dept. of Social Services, No. 96-189, cert.
denied (Oct. 6, 1997) (refusing to review unpublished state court
decision that rejected claim by father that his free exercise
rights were violated when his son was assigned to a gay male couple
as foster parents). 160

Doe v. Mills, 945 P.2d 1304 (Ariz. Ct. App. Feb. 18, 1997) (holding
cause of action against producers of blood coagulants and
healthcare providers were time-barred). 109

Doe v. Montgomery Hospital, 1996 WL 745524 (E.D.Pa. Dec. 23,
1996)(finding HIV+ patient is disabled within the meaning of the
ADA but granting summary judgment to defendant hospital). 14

Doe v. Northwestern University, 682 N.E.2d 145 (Ill. App. Ct., 1st
Div. June 17, 1997) (a person can only state a claim for emotional
distress resulting from a possible HIV exposure if it is
substantial and medically verifiable). 108

Doe v. Poritz, 142 N.J. 1 (N.J. 1995) (upholding sex offender
notification laws). 173

Doe v. Roe, 659 N.Y.S.2d 671 (N.Y. App. Div. 4th Dept. May 30,
1997) (cause of action exists when defendant informed plaintiff
former employee's attorney of plaintiff's HIV status) 110

Doe v. S.B.M., 488 S.E.2d 878 (S.C. Ct. App. June 9, 1997) (ex-
boyfriend stalker liable for emotional distress; appeals lost on
technical grounds). 97

Doe v. Vanderbilt University, 958 S.W.2d 117 (Tenn. Ct. App., May
30, 1997) (holding no cause for medical malpractice for not
informing blood transfusion patients that they should be tested for
HIV). 108

Donovan v. Mt. Ida College, 1997 WL 259522 (D.Mass. Jan. 3, 1997)
(refusing to dismiss a hostile environment sexual harassment claim
brought by a lesbian student against her professor). 94

Dougherty v. Unemployment Compensation Board, 686 A.2d 53 (Penn.
Commonw. Ct. Dec. 3, 1996) (denying unemployment benefit payments
to nursing assistant who was fired after refusing to serve PWA). 16

Douglass v. Alton Ochsner Medical Foundation, 696 So.2d 136 (5th
Cir. May 28, 1997) (denied American Association of Blood Banks'
motion to be dismissed as a defendant in liability suit). 79

Doukas v. Metropolitan Life Insurance Co., 950 F.Supp 422 (D.N.H.
Dec. 19, 1996) (Title III of the ADA could apply to insurance
company's denial of mortgage disability insurance based on medical
impairment of applicant). 34

Drew v. First Savings Bank of New Hampshire, 968 F.Supp. 762
(D.N.H. April 2, 1997) (dismissing a same-sex sexual harassment
claim brought under Title VII). 98

Dzierson v. Dzierson, 661 N.Y.S.2d 779 (N.Y. Fam. Ct., June 26,
1997) (holding father must pay for his gay son's college expenses).

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E.B. v. Verniero, 119 F.3d 1077 (3rd Cir., Aug. 20, 1997)
(upholding sex offender notification laws). 148

EBI/Orion Group v. Blythe, 931 P.2d 38 (Mont. Jan. 7, 1997)
(remanding for reconsideration emotional distress claim brought by
respiratory therapy technician who suffered needlestick injury from
needle used on HIV+ patient). 14

Educational Testing Service v. Liberty Mutual, 1997 WL 220315
(N.D.Cal. April 18, 1997) (insurance company not liable for insured
company's intentional failure to accommodate an HIV+ worker). 83

Elzie v. Aspin, 897 F.Supp. 1 (D.C.C. 1995) (remanding serviceman's
discharge for reprocessing under "Don't Ask, Don't Tell" policy).

Ennis v. Nat'l Assoc. of Business & Educational Radio, Inc., 53
F.3d 55 (4th Cir. 1995) (HIV infection is not automatically a
disability under the ADA). 6

Equal Employment Opportunity Commission v. Amergo, Inc., 110 F.3d
135 (1st Cir. April 7, 1997) (defendant need not always bear the
burden of proving that the employee with a disability poses a risk
to others in an affirmative defense). 64

Equal Employment Opportunity Commission v. Dolphin Cruise Line,
Inc. (S.D.Fla.), New York Times, Dec. 19, 1996 (announcing
settlement of a suit brought by an entertainer whose employment
contract was canceled by cruise ship line after learning that he
was HIV+). 6

Equal Employment Opportunity Commission v. Newport News Shipping
and Drydock Co., 949 F.Supp. 403 (E.D.Va. Dec, 18, 1996) (granting
summary judgment motion to employer after determining that it had
reasonably accommodated employee's HIV-related handicap). 15

Equality Foundation of Greater Cincinnati, Inc. v. City of
Cincinnati, 128 F.3d 289 (6th Cir., Oct. 23, 1997)(holding that
measure forbidding the city from adopting any policies to protect
gay people is constitutional). 157

Eschback v. County of Lehigh, 70 Emp. Prac. Dec. (CCH) para.
44,605, 1997 WL 109611 (E.D.Pa., Feb. 28) (refusing to grant
summary judgment in same-sex harassment claim). 57

Estate of Gay Romic v. St. John's Hospital, National Law Journal,
Dec. 30, 1996 (Detroit 1996)(reporting jury award of more than $14
million dollars to estate of gay man who died after delay of
treatment). 12

E.W.A.P., Inc. v. City of Los Angeles, 56 Cal.App.4th 310, 65
Cal.Rptr.2d 325 (Cal. Ct. App., 2nd Dist. July 9, 1997) (rejecting
a petition for writ of mandate from an adult sex shop). 103

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Fallacaro v. Richardson, 965 F.Supp. 87 (D.D.C. June 6, 1997)
(holding that a person with a medically correctable impairment is
still disabled under the ADA). 107

Federal Election Commission v. Christian Action Network, 110 F.3d
1049 (4th Cir., April 7, 1997) (holding commercials recounting
Clinton's gay rights policy did not violate 2 U.S.C. 441b(a)
restricting political activity of tax-exempt organizations) 60

Feres v. United States, 340 U.S. 135 (1950) (no governmental
liability for injuries arising out of activity incident to service
in the Armed Forces). 65

Fiecke v. Ascension Place, 1997 WL 147441 (Minn. Ct. App., April 1,
1997) (procedural errors barred heterosexual woman claiming sexual
orientation discrimination from stating a cause of action under
state and local laws). 58

54 Featherco, Inc. v. Correa and Maisonet, N.Y.L.J., 7/30/97, p.21,
col. 1 (N.Y.Sup.Ct., App. Term., 1st Dept.) (holding a family
relationship had not been established under Rent Stabilization Code
provisions). 120

Fine v. Berman, 657 N.Y.S.2d 6 (N.Y. App. Div., 1st Dept. April 22,
1997) (dismissing sexual orientation discrimination complaint
against a cooperative apartment corporation). 104

Finley v. National Endowment for the Arts, 112 F.3d 1015 (9th Cir.,
1997), cert. granted, 118 S.Ct. 554 (Nov. 26, 1997) (holding that
provisions limiting funding to indecent art are constitutionally
faulty). 174

Flagstar Enterprises, Inc. v. Davis, Prod. Liab. Rep. (CCH) para.
15,075, 1997 WL 564475 (Ala., Sept. 19, 1997) (not released for
publication) (reversing and remanding award for fear of contracting
AIDS through fast food).  152

Forbes v. Merrill, Lynch, Fenner, & Smith, Inc., 957 F.Supp 450
(S.D.N.Y. Mar. 12, 1997) (refusing to dismiss emotional distress
claim brought by HIV+ employee as result of alleged employment
discrimination ). 50

Fowler v. Jones, 949 S.W.2d 442 (Tex. App., 3rd Dist. July 3, 1997)
(holding lesbian co-parent could maintain an action seeking
visitation rights). 96

Fredette v. BVP Management Associates, 112 F.3d 1503 (11th Cir. May
22, 1997) (male employee's same-sex harassment claim is actionable
under Title VII and the Florida Human Rights Act). 75

Freund v. Butterworth, 117 F.3d 1543 (11th Cir., July 16, 1997)
(granting gay man a writ of habeas corpus 12 years after being
convicted of first-degree murder). 118

Funderburke v. Uniondale Union Free School District No. 15, 660
N.Y.S.2d 659 (Sup.Ct., Nassau Co. May 21, 1997) (rejecting a claim
for domestic partnership benefits). 101

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Galen, Adoption of, 680 N.E.2d 70 (Mass. June 11, 1997) (ordering
reconsideration as to whether a home study is necessary before
ruling on an adoption petition filed jointly by a lesbian mother
and her domestic partner; ultimately adoption allowed without
further delay). 94, 148

Gallego v. McDaniel, 124 F.3d 1065 (9th Cir., Sept. 4, 1997)
(denying plaintiff's request to introduce evidence of
co-defendant's agressive homosexual tendencies). 144

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). 46

Gatti v. American Red Cross, 121 F.3d 708 (6th Cir., Aug 6, 1997)
(affirming dismissal of AIDS related wrongful death claim as time
barred). 131

Gay Lesbian Bisexual Alliance v. Pryor, 110 F.3d 1543 (11th Cir.
April 29, 1997) (Alabama statute prohibiting the use of public
funds to promote lifestyles or actions prohibited by sodomy laws is
unconstitutional). 69

General Media Corporation v. Perry, 952 F.Supp. 1072 (S.D.N.Y.
Jan. 22, 1997), vacated, 131 F.3d 273 (2nd Cir., 11/21/97)
(district court ruled unconstitutional federal statute which
prohibits the sale of sexually-explicit materials on military
bases). 13

Gentry v. State, 485 S.E.2d 824 (Ga. Ct. App. April 22, 1997)
(upholding life sentence of HIV+ man convicted of rape and
kidnapping). 82

Gerdes v. Swift-Ekrich, Inc., 949 F.Supp. 1386 (N.D.Iowa, Dec. 2,
1996) (a person with a controllable disability is not a person with
a disability for the purpose of the ADA). 17

Goad v. Silverman, 121 F.3d 698 (4th Cir., Sept. 5, 1997)
(upholding decision to dismiss doctor in a residency program for
engaging in inappropriate sexual conduct toward women). 147

Goldsmith v. Nickels, 1997 WL 38086 (U.S.A.F. Ct. Crim. App., Jan
9, 1997)(refusing on jurisdictional grounds to hear complaint of
prisoner claiming that he was being deprived of AIDS medications).

Gonzales v. Garner Food Services Inc., 89 F.3d 1523 (11th Cir.
1996), cert. denied, 117 S.Ct. 1822 (May 19, 1997) (holding
employer could not be sued by employee with AIDS under the ADA when
employee's benefit entitlements had been capped). 79

Good v. Bluecross and Blue Shield of Maryland, Inc., 6 A.D.Cas.
(BNA) 779, 10 N.D.L.R. (CCH) para. 243, 1996 WL 815373 (D.Md. Nov.
19, 1996) (a health plan cannot be sued under Title I of the ADA).

Greenwald v. H & P 29th Street Association, 659 N.Y.S.2d 473 (N.Y.
App. Div., 1st Dept. July 1, 1997) (rejecting a claim of
evidentiary spousal privilege on behalf of a gay couple). 98

Greenway v. Buffalo Hilton Hotel, 952 F.Supp. 1072 (W.D.N.Y. Nov.
29, 1996) (granting judgment of $771,093 to HIV+ plaintiff fired by
defendant hotel). 7

Greenwood v. Taft, Stettinius & Hollister, 105 Ohio App.3d 295
(1995) (stating Cincinnati gay rights ordinance did not provide
public policy basis for wrongful discharge). 145

Griffin v. Cameron College, Inc., 1997 WL 13717 (E.D.La. Jan. 13,
1997) (Not reported in F.Supp.) (refusing to dismiss claim against
counsellor who allegedly discriminated against HIV+ college
applicant, and later rejecting motion for summary judgment). 16,

Griswold v. Conneticut, 381 U.S. 479 (1965) (holding state law
forbiding the sale of contraceptive unconstitutional). 151

Griswold v. Fresenius USA, Inc., 978 F.Supp. 718 (N.D. Ohio, Sept.
10, 1997) (denying summary judgment in same-sex harassment case
brought under Title VII). 142

Gryczan v. State, 942 P.2d 112 (Mont. July 2, 1997) (holding
Montana's felony same-sex sodomy statute violates Montana
Constitution as applied to adult consensual sex conducted in
private). 87

GSL Enterprises, Inc. v. Lopez, 656 N.Y.S.2d 637 (N.Y. App. Div.,
1st Dept. May 1, 1997) (upheld ruling that surviving partner did
not have succession rights to apartment). 73

H ^

Hacklander-Ready v. Wisconsin, 117 S.Ct. 1696 (May 12, 1997)
(denies cert. to woman fined for refusing to allow a lesbian be her
housemate and co-tenant). 70

Hamlyn v. Rock Island Country Metropolitan Mass Transit District,
964 F.Supp. 272 (C.D.Ill., April 29, 1997), 986 F.Supp. 1126
(C.D.Ill., Oct. 23, 1997) (first opinion granted injunctive relief
in a suit contesting defendant's decision to exclude people with
AIDS from participation in a reduced fare public bus program.
Second opinion granted summary judgment for the plaintiff). 84, 181

Harris v. H & W Contracting Co., 102 F.3rd 516 (11th Cir. Dec. 31,
1996) (finding Equal Employment Opportunity Commission interpretive
guidelines consistent with congressional intent and holding that an
individual with a condition that is controllable through medication
is nonetheless considered disabled within the meaning of the ADA).

Harris v. Thigpen, 941 F.2d 1495 (11th Cir., 1991) (segregating
HIV+ prisoners and excluding from activities does not violate their
constitutional rights). 179

Hassenstab v. Hassenstab, 570 N.W.2d 368 (Neb. Ct. App., Sept. 23,
1997) (affirming decision to leave 11-year old in custody of her
mother who has engaged in a same-sex relationship). 139

Hawaii State AFL-CIO v. Yoshina, 935 P.2d 89 (Haw. March 24, 1997)
(ruling that ballot measuring calling for a constitutional
convention lack the needed majority and therefore did not pass). 44

Haybeck v. Prodigy Services Co., 116 F.3d 465 (2nd Cir., June 20,
1997) (dismissing claim that computer service should be liable for
HIV infection incurred through sexual encounter with service's
employee who plaintiff initially met in a chatroom on-line). 111

Heller v. Doe, 509 U.S. 312 (1993) (holding that government
policies are presumed to be constitutional, and the burden is on
the plaintiff to negate every conceivable basis which might support
policy). 137

Hendler v. Intelecom USA Inc., 963 F.Supp. 200 (E.D.N.Y. April 15,
1997) (hostile work environment claim may be brought under the
ADA). 84

Hernandez v. Hammons, 657 N.Y.S.2d 170) (N.Y. App. Div., 1st Dept.,
May 13, 1997) (people living with HIV or AIDS cannot collectively
challenge the New York City Department of Social Services for
failure to process emergency applications within 72 hours). 82

Hernandez v. Prudential Ins. Co., 977 F.Supp. 1160 (M.D.Fla., Sept.
22, 1997) (holding asymptomatic HIV-infection covered under the
ADA). 169

Hillard v. Continental Freightways Corp (Fayette County Cir. Ct.
1996), Lexington Herald-Leader, Jan. 22, 1997 (reporting jury award
of $75,500 to individual who sued former supervisor for sexual
harassment based on allegations of groping and propositioning).

Hodgens v. General Dynamics Group, 963 F.Supp. 102 (D.R.I. May 6,
1997) (person taking a drug for hypertension cannot claim to be a
person with a disability). 84

Hoffman v. U.S., 1997 WL 136418 (E.D. Pa. Mar. 24, 1997) (denied
motion to reinstate gay man to his civilian position of Air Force
Reserve Technician). 56

Hogan v. The Hearst Corporation, 945 S.W.2d 246 (Tex. App. Apr. 16,
1997) (holding a newspaper bears no tort liability for the suicide
of a gay man whose name was published in connection with a report
on sexual activity in city parks). 53

Holloway v. Arthur Anderson, Inc., 566 F.2d 659 (9th Cir., 1997)
(stating that Title VII does protect transsexuals against
discrimination). 162

Holmes v. California Army National Guard, 124 F.3d 1126 (9th Cir.,
Sept. 5, 1997) (upholding the discharge of two servicemen under
"don't ask, don't tell" policy). 137

Holt v. Northwest Training Partnership Consortium, Inc., 694 A.2d
1134 (Pa. Commw. Ct. May 13, 1997) (transsexuals are not protected
by the Pennsylvania Human Relations Act). 76

Holt v. Rapides Parish School Board, 685 So.2d 501 (La. Ct. App.,
3rd Cir., Dec. 11, 1996) (ordering reinstatement of teacher who was
terminated based on inferences of lesbianism). 4

Hood, In re, 847 P.2d 1300 (Kan. 1993) (rejecting visitation
petition brought by day-care provider). 39

I ^

Inscoe v. Inscoe, 1997 WL 346199 (Oh. App. 4th Dist. June 18,
1997)(reversed lower courts decision to change custody from gay
father mother solely because of fathers homosexuality). 96

Inter-Modal Rail Employees Association v. Atchison, Topeka and
Santa Fe Railway Co., 117 S.Ct. 1513 (May 12, 1997) (Section 510 of
ERISA covers discrimination with respect to any benefit, not just
vested benefits). 84

Irish Lesbian and Gay Organization v. Giuliani, 949 F.Supp. 188
(S.D.N.Y. Dec. 20, 1996) (granting city's motion to deny St.
Patrick's Day parade permit to gay and lesbian organization). 11

Irvin v. Seattle Employees Association for Gays and Lesbians
(Seattle Office of Civil Rights), Seattle Gay News, Oct. 31, 1997
(holding anti-gay activist is entitled to compensation for being
excluded from meeting of gay and lesbian employees). 177

J ^

J.B.F. v. J.M.F., 1997 WL 564476 (Ala. Civ. App. Sept. 12, 1997),
rehearing denied, Oct. 17, 1997 (not released for publication)
(reversing trial court decision removing child from mother because
she is a lesbian) 139

J.L.S. v D.K.S., n/k/a/ S.D.S., 943 S.W.2d 766 (Mo. Ct. App. Mar.
11, 1997) (reversing joint custody grant to transsexual father and
remanding for reconsideration of visitation order). 41, 60

J.T.P. v. St. Paul Ramsay Medical Center, 1997 WL 65511 (Minn.
Ct. App. Feb. 18, 1997) (not officially published) (ruling that
patient had no private right of action against hospital arising
from its unauthorized disclosure of patient's HIV status). 32

Jackman v. State, 1997 WL 142745 (Tex. App., March 31, 1997)
(declined to reverse plaintiff's conviction on public lewdness, or
allow evidence concerning possible conspiracy). 58

Jairath v. Dyer, 972 F.Supp. 1461 (D. N.D. GA., July 24, 1997)
(dismissing treatment discrimination claim under the ADA). 132

James v. State, 695 So.2d 863 (Fla. Dist. Ct. App., June 18, 1997)
(denying victims request for an HIV test on her assailent). 108

Jarrett v. Jarrett, 400 N.E.2d 421 (1979) (holding that the "open
and notorious" nature of a mother's sexual relationship endangered
the moral well being of her children and required a change in
custody). 1

Jasniowski v. Rushing, 678 N.E.2d 743 (Ill. App. Ct., March 31,
1997) (holding landlord's refusal to rent apartment to unmarried
couple violated Chicago's Fair Housing Regulations). 55, 141

Jefferson County v. Lindsay, Executor, 124 F.3d 197 (table), 1997
WL 6027532 (6th Cir., Sept. 29, 1997) (text not officially
published) (reversing verdict in favor of defendants in HIV+ inmate
mistreatment case). 168

Johnson v. Hondo, Inc. 125 F.3d 408 (7th Cir., Aug. 28, 1997)
(holding that plaintiff must show that he was harassed because of
his sex in order to have a claim under Title VII). 141

Johnson v. Knowles, 113 F.3d 1114 (9th Cir., May 21, 1997) (County
Republican Committee not amenable to suit under 42 U.S.C. sec.
1983). 71

Johnson v. State, 1997 WL 184335 (Tex. App., April 17) (affirming
conviction of HIV+ man on charge of unlawful possession of a
firearm by a felon). 65

K ^

Kansas v. Hendricks, 117 S.Ct. 2072 (June 23, 1997) (upholding law
allowing the state to commit violent sex offenders to mental
institutions). 94

Kelly v. City of Oakland, No. C95-969 (N.D.Cal., September 5, 1997)
(awarding $415,000 in same-sex harassment under Title VII). 165

Kerins v. Hartley, 27 Cal.App.4th 1062, 33 Cal.Rptr.2d (2d Dist.
1994) (dismissing emotional distress claim brought by patient
against HIV+ doctor). 152

King v. Sullivan, 1997 WL 314802 (Tex. App., 1st Dept. June 12)
(reversing trial court holding that King's cause of action
concerning false HIV test results was time-barred). 109

Krause v. American Sterilizer Co., 126 F.3d 494 (3rd Cir., Sept.
26, 1997) (holding that individual who files a claim for disability
benefits is not estopped from filing a claim under the ADA). 153

Krischer v. McIver, 697 So.2d 97 (Fla., July 17, 1997) (holding
Florida has the right to make physician-assisted suicide illegal).

L ^

L. v. G., 497 A.2d 215 (N.J. Super. Ct., Ch. Div., 1985) (rejecting
visitation petition brought by adult siblings). 39

L.J.B. v. United States, 1997 WL 162076 (E.D.La., April 2, 1997)
(surviving minor of service member and spouse could not assert tort
claim for traceable HIV infection of his parents). 65

Lake Point Tower, Ltd. V. Illinois Human Rights Commission, 684
N.E.2d 948 (Ill. App. Ct., Aug 28, 1997) (stating an asymptomatic
condition can be covered under Illinois disability discrimination
statute). 154

Lasser v. Rosa, 654 N.Y.S.2d 822 (NY App. Div., 2nd Dept., March
10, 1997) (no substantial evidence that dentist discriminated
against an HIV+ patient). 64

Lehmann v. Toys 'R' Us., Inc., 626 A.2d 455 (N.J. 1993) (holding
New Jersey State anti-discrimination law prohibits same-sex
harassment). 57

Liston v. Pyles, 1997 WL 467327 (Ohio Ct. App., Aug 12, 1997)
(dening visitation rights to a child's non-biological lesbian
co-parent). 140

Lockrem-West v. West (Cal. Sacramento Municipal Ct., May 15, 1997),
San Jose Mercury News, May 19 (temporary visitation rights ordered
concerning child conceived through donor insemination) 75.

Lombardo v. NYU Medical Center, 663 N.Y.S.2d 295 (N.Y. App. Div.,
2nd. Dept., Oct. 27, 1997) (dismissing AIDS phobia claim for lack
of evidence). 180

Lotito v. Lotito (unreported decision) (N.Y. Fam. Ct., No.
34965/95, Nov. 15, 1996) (child conceived through alternative
insemination while parties were separated is not the legal child of
the husband). 59

Louie, In re Alan, Debtor, 213 B.R. 754 (Bankr. N.D. Cal., Sept. 2,
1997) (holding claims stemming from exposure to HIV could not cause
a bankruptcy stay). 151

Lucarelli v. U.S., 116 F.3d 464 (1st Cir. June 18, 1997) (upheld
damage award of disabled veteran who was wrongly informed he was
HIV+). 107

Lumpkin v. Brown, 109 F.3d 1498 (9th Cir. April 3, 1997) (City of
San Francisco can remove anti-gay minister from Human Rights
Commission). 54

Lynn v. State, 687 So.2d 39 (Fla. App., 5th Dist. Jan. 17, 1997)
(upholding conviction but remanding for resentencing individual
accused of biting police officer and then stating that he was
HIV+). 32

M ^

Maffei v. Kolaeton Industry Inc., 626 N.Y.S.2d 391 (Sup. Ct.,
N.Y.County 1995)(harassment of male transsexual is actionable as
sex discrimination under city and state laws). 11

Majca v. Beekil, 682 N.E.2d 253 (Ill. App. Ct., 1st Dist., June 24,
1997) (plaintiff's fear of contracting AIDS after being cut by a
scalpel is not compensable). 106

Marino v. Louisiana State University Board of Supervisors, 1997 WL
358141 (U.S. Dist. Ct., E.D.La., June 25, 1997) (not officially
reported) (professor who suffered retaliation after supporting a
gay thesis topic has 1st Amendment claim). 98

Mario, Adoption of, 43 Mass.App.Ct. 767, 686 N.E.2d 1061 (Mass.
App., Nov. 10, 1997) (affirming the termination of HIV+ mother's
parental rights). 182

Martin v. O'Meara, 1997 WL 625417 (Conn.Super.Ct., Oct 1, 1997)
(dismissing sexual orientation employment discrimination case
because plaintiff lacked right-to-sue letter). 162

Mathie v. Fries, 121 F.3d 808 (2nd Cir., July 31, 1997) (upholding
conviction of man who raped a gay male prisoner, but reducing
punitive damage award). 116

McNemar v. Disney Store, Inc., 91 F.3d 610 (3rd Cir. 1996), cert.
denied, 117 S.Ct. 958 (Feb. 18, 1997) (plaintiff who has affirmed
that he is permanently and totally disabled is then precluded from
claiming that his employer discriminated against him because of his
disability). 17, 31, 81, 107, 153

McIntyre v. State, 934 P.2d 770 (Alaska Ct. App., March 28, 1997)
(wife's lesbian affair with prosecution witness in spousal abuse
case is relevant and should be introduced into evidence). 55

McWilliams v. Fairfax County Board of Supervisors, 72 F.3d 1191
(4th Cir. 1996), cert. denied, 117 S.Ct. 72 (1996) (same-sex
harassment not actionable where the perpetrator is not homosexual).

Meinhold v. United States Dept. of Defense, 34 F.3d 1469 (9th
Cir. 1994) (statements about sexuality insufficient basis to
discharge gay service member). 19, 138

Meinhold v. United States Dept. of Defense, 123 F.3d 1275 (9th Cir.
Aug. 28, 1997) (upholding award of attorney fees and finding bad
faith by the government). 138

Melnychenko v. 84 Lumber Co., 676 N.E.2d 45 (Mass. Feb. 18, 1997)
(upholding sexual harassment claim brought under state anti-
discrimination law by male employees against male supervisor). 23

Mercer v. Warden, 1997 WL 428685 (Conn. Super. Ct., Rockville Co.,
July 22) (denying habeas corpus petition of HIV+ man serving 45
year sentence). 132

Meredith v. Pathlab, 1997 WL 333449 (Tx. App., 14th Dist., June 19,
1997) (dismissing doctor's attempt to seek indemnity from medical
laboratory for HIV testing errors). 109

Miami Herald Publishing v. Tornillo, 418 U.S. 241 (1974) (state
law which required newspaper to afford political candidate the
opportunity to reply to a critical editorial is unconstitutional
because it violates the 1st Amendment's guarantee of a free press).

Mier v. Certified Oil Company, No. 97CVH-01-0203 (Ohio Common Pleas Ct.,
Franklin County, Aug. 25, 1997) (not officially published)
(holding municipal gay rights ordinance provides basis for wrongful discharge suit). 145

Milam v. Carol, 1997 WL 12235 (Conn. Super. Ct., Jan. 3, 1997)
(granting summary judgment in favor of nurse who was sued for
negligence by colleague who suffered needlestick injury). 16

Miles v. New York University, 979 F.Supp. 248 (S.D.N.Y, Oct. 7,
1997) (holding sexual harassment against transsexuals covered by
Title VII). 161

Montalbano v. Tri-Mac Enterprises of Port Jefferson, Inc., 652
N.Y.S.2d 780 (N.Y. Sup. Ct., Suffolk Co., Feb. 3, 1997) (holding
that restaurant patron's actual exposure to HIV is required to
state a claim of AIDS-phobia as a result of finding blood on french
fries). 32, 152

Montanez-Anaya v. U.S., 116 F.3d 464 (1st Cir., June 20, 1997)
(defendants with HIV/AIDS are not entitled to downward sentencing
departure just because of their illness). 107, 131

Montrose Chemical Corp. v. Whitaker, 24 Cal.Rptr.2d 467 (1993)
(insured person or group must show their claim is covered by the
policy in question). 83

Moore v. City of Overland Park, 950 F.Supp. 1081 (D.Kans, Dec. 17,
1996) (finding Equal Employment Opportunity Commission interpretive
guidelines in conflict with the ADA and holding that an individual
with a controllable disability is not disabled within meaning of
the ADA). 17

Morgan v. City of Atlanta, No. E-52854 (Ga. Super. Ct., Fulton
Co. Dec. 31, 1996) (granting summary judgment in favor of
plaintiff-taxpayer challenge to Atlanta's domestic partnership
ordinance). 10

Murphy v. United Parcel Service, 946 F.Supp. 872 (D.Kans, Oct. 22,
1996) (plaintiff with correctable hypertension is not an individual
with a disability under the ADA). 17

Murray v. U.S. Bureau of Prisons, 106 F.3d 401 (6th Cir. Jan 28,
1997) (denying appeal of male-to-female transsexual prisoner who
claimed mistreatment by prison authorities). 22

N ^

Nabozny v. Podlensy, 92 F.3d 446 (7th Cir. 1996) (Wisconsin school
district's failure to protect a gay student from harassment raised
Equal Protection issues). 60

Najera v. State, 955 S.W.2d 698 (Tex. App., Nov. 13, 1997)
(upholding life sentence for HIV+ man who forced a women to have
unprotected sex). 180

Natale v. Gottlieb Memorial Hospital, 685 N.E.2d 971 (Ill. App.
Ct., 1st Dist., Sept. 19, 1997) (holding that use of a non-sterile
instrument resulting in possible HIV infection could be the basis
for an emotional distress claim). 152

National Endowment for the Arts v. Finley, 1997 WL 561768 (cert.
granted to case finding constitutional problems with provisions
that limit funding to indecent art). 174

National Treasury Employees Union v. Von Raab, 489 U.S. 656 (1989)
(stating that law enforcement officials can deviate from
traditional warrant and search procedures when there is a "special
need" beyond the normal scope of law enforcement). 159

Natural Motion by Sandra, Inc. v. D.C. Commission on Human Rights,
687 A.2d 215 (D.C. Ct. App. Jan. 29, 1997 (affirming liability and
personal appearance discrimination holdings but remanding case
brought by HIV+ hairdresser because commission did not inquire into
mitigation of damages). 15

Nearhood v. Freestate Health Plan, Inc., 6 A.D.Cases (BNA) 737, 10
N.D.L.R. (CCH) para. 244, 1997 WL 151545 (D.Md. Jan 31) (not
officially published) (multi-employer group health plan cannot be
sued under Title I of the ADA). 65

Nelson v. McClatchy Newspapers, Inc., 931 P.2d 870 (Wash. Feb. 20,
1997), mod'd, 936 P.2d 1123 (May 8, 1997), cert. denied, 118 S.Ct.
175 (Oct. 6, 1997) (the reassignment of a lesbian reporter did not
violate state law protecting politically active employees). 20, 159

New England Mutual Life Ins. Co, v. Doe, No. 6241/96 (N.Y. Sup.
Ct., N.Y. Co., Feb. 21, 1997) (unpublished decision) (rejecting
insurance company's defense of preexisting condition in its denial
of claim to PWA). 31

New York Times v. Sullivan, 376 U.S. 254 (1964) (granting 1st
Amendment protection from libel action to newspapers reporting on
public figures unless actual malice can be proven). 24

Newman v. State, 677 N.E.2d 590 (Ind. Ct. App. Mar 11, 1997)
(affirming conviction of HIV+ woman for resisting law enforcement
and battery by body waste). 49

O ^

Oberkramer v. IBEW-NECA Service Center, Inc. (St. Louis Cir. Ct.
1996), St. Louis Post-Dispatch, Feb. 9, 1997, page 12D (action
brought by gay employee harassed and then discharged by union
employer after displaying picture of gay partner).  27

Oncale v. Sundowner Offshore Services, Inc., 83 F.3d 118 (5th Cir.
May 20, 1996), cert. granted, 117 S.Ct. 2430 (June 9, 1997), rev'd,
118 S.Ct. 998 (March 4, 1998) (same-sex sexual harassment is not a
violation of Title VII [subsequently reversed by S.Ct.). 2, 75, 98,
115, 160

Onishea v. Hopper, 126 F.3d 1323 (11th Cir., Nov. 4, 1997)
(reversing lower court decision departing from the "significant
risk" standard of review in ADA case). 179

Otero v. Presbyterian Hospital, 658 N.Y.S.2d 624 (N.Y. App. Div.,
1st Dept., June 19, 1997) (holding three year statute of
limitations in cases of HIV transmission through transfusion). 110

Ozer v. Borquez, 940 P.2d 371 (Colo., June 23, 1997) (reversing a
jury verdict holding that a gay attorney was wrongly discharged
because of lawful activities outside the workplace). 95

P ^

Packard v. Packard, 697 So.2d 1292 (1st Dist, Aug. 19. 1997)
(reversing and remanding trial court's denial of custody to lesbian
mother) 140.

Painter v. Graley, 70 Ohio St. 3d 377 (1994) (holding that evidence
of "public policy" could be found in sources other than state
statutes). 145

Palmore v. Sidoti, 466 U.S. 429 (1984) (law cannot give effect to
private biases). 19, 96

Paraskevas v. Tunick, 1997 WL 219831 (Conn. Super. Ct. April 24,
1997) (refusal to dismiss visitation petition concerning
non-traditional family on lack of standing grounds). 77

Parents United For Better Schools, Inc. v. School District of
Philadelphia Board of Education, 978 F.Supp. 197 (E.D.Pa. Sept. 12,
1997) (upholding condom distribution in Philadelphia schools). 170

Parisi v. Davidson, 405 U.S. 34 (1971) (military policy while
deserving deference must adhere to the constitution). 20

Parker v. Metropolitan Life Ins. Co., 121 F.3d 1006 (6th Cir., Aug.
1, 1997) (adopting narrow view of discrimination under Title III of
ADA). 129

Parks v. Female Health Care Associates, Ltd., 1997 WL 295870
(N.D.Ill. May 23, 1997) (doctor may bring claims against employer
for failure to hire as agreed after learning of her HIV status).

Pascarelli v. Corning Clinical Laboratories, 1997 WL 155381 (Conn.
Super., March 25, 1997) (emotional distress claim resulting from
false HIV+ diagnosis is not governed by malpractice statute). 65

Penden v. State, 930 P.2d 1 (Ka. 1996), cert. denied, 117 S.Ct.
1821 (May 19, 1997) (holding that a tax system that imposes higher
tax rates on single people does not violate equal protection laws).

People v. A.F. (N.Y. Sup. Ct., Kings Co.), N.Y.L.J., Mar. 25, 1997,
p. 29, col. 4 (refusing to dismiss criminal charges brought against
HIV+ defendant on grounds that prison term was virtually a "life
sentence"). 51, 131

People v. Adames, 97 Cal.Rptr.2d 631 (Cal. Ct. App., April 14,
1997) (ordering defendant to undergo HIV testing for crime
committed prior to statutory enactment does not violate prohibition
on ex post facto laws). 82

People v. Allen, 680 N.E.2d 795 (Ill. App., 4th Dist., June 2,
1997) (sexual propositioning constitutes a breach of the peace).

People v. Arbeiter, 650 N.Y.S.2d 915 (App.Term. 1st Dept., 1996)
(holding courts could prosecute gay rights demonstrators arrested
on St. Patrick's Day 1994). 71

People v. Covich, 661 N.Y.S.2d 369 (N.Y. App. Div., 4th Dept.,
July 3, 1997) (holding trial court did not abuse its discretion
when precluding testimony past homosexual experiences during a
manslaughter trial). 122

People v. J.G., 655 N.Y.S.2d 783 (N.Y. Sup. Ct., Richmond Co. Dec.
30, 1996) (holding defendant subject to sex offender requirements
of registration and HIV testing despite his pleading guilty to
statutory rape without actually admitting guilt). 32

People v. Jensen, 564 N.W.2d 192 (Mich. Ct. App., April 4, 1997)
(affirming a jury conviction and sentencing of an HIV+ man for
engaging in sex with a man without disclosing her HIV-status). 64

People v. Landis, 59 Cal.Rptr.2d 641 (Cal. Ct. App., 2d Dist. Dec.
23, 1996) (affirming in part and reversing in part burglary and
receiving stolen property conviction of man who became obsessed
with former lover). 11

People v. Moore, 656 N.Y.S.2d 749 (N.Y. App. Div. 1st Dept, April
22, 1997) (reversing conviction of man convicted of robbing a gay
man at knife point). 71

People v. Roedel, 660 N.Y.S.2d 97 (N.Y. App. Div., 3rd Dept., July
17, 1997) (affirming the inadmissibility of "but plug" and vibrator
in murder trial). 121

People v. Seaman, 657 N.Y.S.2d 242 (N.Y. App. Div. 3rd Dept., May
8, 1997) (reversing sodomy conviction of lawyer). 72

Peric v. Board of Trustees, 1997 WL 112819 (N.D.Ill. Mar. 10, 1997)
(Not reported in F.Supp.) (refusing motion for summary judgment and
setting trial date in same-sex harassment case). 42

Perkins v. State, 559 N.W.2d 678 (Minn. Jan. 30, 1997) (upholding
a greater-than-triple upward departure from sentencing guidelines
imposed on PWA convicted of violent rape). 29

Philips v. Perry, 883 F.Supp. 539 (W.D.Wash. 1995), aff'd, 106 F.2d
1420 (9th Cir. Feb. 14, 1997) (military policy of discharging
homosexuals is constitutional). 19, 137

Pickering v. Board of Education, 391 U.S. 563 (1968) (comments by
teachers on matters of public concern that are substantially
correct may not furnish grounds for dismissal even though they are
critical in tone). 54

Pitcherskaia v. Immigration and Naturalization Service, 118 F.3d
641 (9th Cir., June 24, 1997) (asylum claim by Russian lesbian;
applicant's perception of persecution prevails over persecutor's
beliefs). 88

Pollock v. Rashid, 690 N.E.2d 903 (Ohio Ct. App., 1st Dist., Dec.
31, 1996) (reviving defamation claim brought by transsexual
prisoner against a local TV news anchor). 12

Porter v. Harshfield, 948 S.W.2d 83 (Ark. June 23, 1997) (holding
doctor is not liable for employee performing unwanted oral sex on
a patient). 102

Posik v. Layton, 695 So.2d 759 (Fla. App. 5th Dist., Mar. 27, 1997)
(holding a nuptial agreement between same-sex couple to be legally
binding). 53

Poveromo-Spring v. Exxon Corp., 968 F.Supp. 219 (D.N.J. June 26,
1997) (unauthorized disclosure of HIV status could give rise to a
claim of intentional infliction of emotional distress). 108

Presbytery of New Jersey v. Whitman, 99 F.3d 101 (3rd Cir., 1996)
(New Jersey sexual orientation discrimination law does not violate
minister's First Amendment right to speak out against
homosexuality). 60

Preston v. Minnesota Mut. Life. Ins. Co., 117 F.3d 1426 (9th Cir.,
July 9, 1997) (summary judgment was inappropriate against
beneficiaries of insurance policy when insured party concealed his
HIV status from the insurance company). 129

Price, In re Nicholas E., 1997 WL 338588 (Tenn. Ct. App. June 20,
1997) (changing custody from lesbian mother to biological father).

Price Waterhouse v. Hopkins, 490 U.S. 228 (1989) (sexual
stereotyping may be evidence of sex discrimination under Title
VII). 115

Prillman v. United Airlines, Inc, 62 Cal.Rptr.2d 142 (Cal. Ct.
App. Mar. 25, 1997) (employer has affirmative duty under the
state's Fair Employment and Housing Act to find a reasonable
accommodation for employee with AIDS who can no longer perform
normal job function). 49

Pritchett v. Sizler Real Estate Mgt. Co., 1995 WL 241855 (E.D.L.A.
1995) (Title VII should apply to incidents of same-sex harassment).

Protective Life Ins. Co. v. Sullivan, 682 N.E.2d 624 (Mass., July
29, 1997) (holding insured's failure to disclose HIV+ status did
not equitably toll the states incontestability period). 128

Provencher v. CVS Pharmacy Corp. (U.S.Dist.Ct., D.N.H. 1997),
Washington Blade, March 21, 1997 (awarding damages to male employee
who experienced homophobic harassment by female supervisor). 43

Q ^

Quick v. Donaldson Co., Inc., 70 F.3d 1372 (8th Jul. 29, 1996)
(male employee sexually harassed by male supervisor could maintain
Title VII sex discrimination action). 22, 58

Quinones v. Howard, 948 F.Supp. 251 (W.D.N.Y. Dec. 11, 1996)
(holding that prison employees were shielded by qualified immunity
and therefore not liable for disclosing a prisoner's HIV+ status).

R ^

R.S. and S.S., In re Marriage of, 677 N.E.2d 1297 (Ill. App. Ct.,
3rd. Dist. Dec. 16, 1996) (holding that child custody
determinations are "sexual orientation neutral" and that parental
homosexuality, in itself, is insufficient to justify a change in
custody). 1

Rabidue v. Osceola Refining Co., 805 F.2d 611 (6th Cir. 1896) (one
element of a prima facie hostile environment claim must be that the
harassment is based on sex). 22

Rader v. Kroger Co., 976 F.Supp. 414 (U.S.Dist.Ct., S.D.W.Va.,
Sept. 3, 1997) (dismissing emotional distress claim alleging that
jar of spaghetti sauce contained used condom for lack of genuine
issue). 153

Reno v. American Civil Liberties Union, 117 S.Ct. 2329 (June 26,
1997) (portions of the Telecommunications Decency Act meant to bar
indecent or patently offensive material from the Internet violate
the First Amendment).  92

Rentos v. OCE-Office Systems, 1996 WL 737215 (S.D.N.Y. Dec. 24,
1996) (Not reported in F.Supp.) (citing New York law as precedent
in granting transsexual protected class status). 11

Republican Party of Texas v. Dietz, 940 S.W.2d 86 (Tex. Feb. 28,
1997)(reversing trial court's injunction against Texas Republican
Party's refusal to grant booth to homosexual group at convention).

Reynolds v. Commonwealth, 481 S.E.2d 479 (Va. App., Feb. 18,
1997) (upholding conviction of man who assaulted another man whom
he claimed was making sexual advances toward him and his friends).

Rhinerson v. State, 1997 WL 327616 (Tenn. Crim. App. June 17, 1997)
(not officially published) (holding public defender's decision not
to question potential jurors about homosexuality did not compromise
trial). 99

Rich v. Secretary of the Army, 735 F.2d 1220 (10th Cir. 1984)
(rejecting challenge to military's policy of discharging homosexual
service members). 5

Richenberg v. Cohen, 73 F.3d 172 (8th Cir. 1996), en banc denied,
97 F.3d 256 (8th Cir. Oct. 3, 1996), cert. denied, 118 S.Ct. 45
(Oct. 6, 1997) (certiorari denied in case challenging the "Don't
Ask, Don't Tell" policy). 137, 159

Riser v. Haggae Co., 1997 WL 361644 (N.D.Tex. June 25 1997) (not
officially published) (rejecting defendant's request for attorney
fees in a same-sex sexual harassment suit). 98

Rivera v. Heyman, 982 F.Supp. 932 (S.D.N.Y., Oct. 7, 1997) (HIV+
asymptomatic person is "disabled" under the Rehabilitation Act of
1973). 169

Roberts v. Unidynamic Corporation, 126 F.3d 1088 (8th Cir. Oct. 6,
1997) (reversing verdict for defendant in "perceived HIV/AIDS" law
suit). 167

Rodriquez v. Charter, 962 F.Supp. 298 (D. Conn. April 14, 1997)
(remanding for reconsideration a decision baring a man with AIDS
from receiving social security benefits). 82

Roe v. Butterworth, 958 F.Supp. 1569 (S.D.Fla., March 10, 1997)
(rejected constitutional challenge to the state's prostitution
law). 60

Romer v. Evans, 116 S.Ct. 1620 (1996) (Colorado's Amendment 2
unconstitutional as violation of the Equal Protection Clause of the
14th Amendment). 8,12,47, 94, 127, 137, 157

Rosenberger v. Rector & Visitors of the Univ. of Virginia, 515 U.S.
819 (1995) (heightened scrutiny is required before discriminating
against religious viewpoints in the university setting). 69

Rucks v. State, 692 So.2d 976 (D. Fla., April 30, 1997) (judge who
referred to a lesbian household as a "sick situation" barred from
further role in the case). 71

Runnebaum v. Nationsbank of Maryland, 123 F.3d 156 (4th Cir., Aug
15, 1997) (holding HIV+ gay man is not a person with a disability
under the ADA). 113, 154, 174

Rutgers Counsel of AAUP Chapters v. Rutgers University, 609 A.2d
828 (N.J. Super. Ct., App. Div., Mar. 12, 1997) (rejecting claim
for domestic partnership benefits brought by gay and lesbian
employees under state statute and constitution). 37

S ^

Saathoff v. Gober, 10 Vet.App. 326 (Vet. App., July 15, 1997)
(reversing negative determination on HIV-related service
disability claim). 131

Saint David's Episcopal Church v. Westboro Baptist Church, 921 P.2d
821 (Kan. 1996), cert. denied 117 S.Ct. 765 (U.S. Sup. Ct. Jan. 21,
1997) (refusing to vacate a TRO prohibiting picketing of religious
services involving gay church members). 12

Santan-Morris v. New York University Medical Center, 1996 WL
709577 (S.D.N.Y. Dec. 10, 1996) (not reported in F.Supp.) (ruling
against plaintiff alleging NIED as a result of being assigned to
handle lab specimens containing HIV+ samples). 16

Schafer v. City and County of Denver, No. 96-CV-6630 (Colo. Dist.
Ct., Denver Co., July 16, 1997) (holding Denver's domestic
partnership ordinance does not go beyond the city's home rule
authority). 122

Schmitz v. Bob Evans Farms, Inc., 1997 WL 218258 (Oh.App., May 1,
1997) (summary judgment for defense on same-sex harassment charge).

School Board of Nassau County, Florida v. Arline, 480 U.S. 273
(1987) (person with infectious condition protected from
discrimination under Rehabilitation Act unless there is a
significant risk of workplace transmission). 179

School Committee of Brockton v. Civil Service Commission, 684
N.E.2d 620 (Mass App. Ct., Sept. 11, 1997) (affirming decision that
school should not have discharged custodian for engaging in off-
duty homosexual conduct) 140.

Schott v. St. Charles Hospital (N.Y. Sup. Ct., Suffolk Co.),
N.Y.L.J., May 30, 1997, p. 30, col. 1 (dismissing an action for
emotional distress for fear of HIV transmission caused by a
needle-stick). 111

Sears v. Penrose Hospital, 942 P.2d 1345 (Colo. Ct. App. Feb. 20,
1997) (affirming an administrative ruling that employer was not
subject to penalty after refusing to pay for employee's HIV-test).

Secord v. Fischetti, 653 N.Y.S.2d 551 (N.Y. App. Div., 1st Dept.
Feb. 4, 1997) (denying compensation to "homosexual life partner" of
crime victim). 24

Selland v. Perry, 100 F.3d 950 (4th Cir., 1996), cert. denied, 117
S.Ct. 1691 (May 12, 1997) (upheld the constitutionality of the
"don't ask, don't tell" policy concerning gays and lesbians in the
military). 70

Shahar v. Bowers, 114 F.3d 1097 (11th Cir. en banc, May 30, 1997),
reh. en banc denied, 120 F.3d 211 (11th Cir., Aug. 1, 1997), cert.
denied, 118 S.Ct. 693 (Jan. 12, 1998) (holding that the Georgia
Attorney General can refuse to employ a lesbian attorney who
entered into same-sex "marriage" with partner). 90, 114

Sherbert v. Verner, 374 U.S. 398 (1963) (Religious beliefs can only
be regulated if they pose a substantial threat to public safety,
peace or order). 55

Shulman v. State Div. Of Human Rights, 658 N.Y.S.2d 70 (N.Y. App.
Div., 2nd Dept. May 27, 1997) (reversed finding that dentist
discriminated against HIV+ patient). 109

Skinner v. Railway Labor Executives' Ass'n, 489 U.S. 602 (1989)
(law enforcement officials can deviate from traditional warrant and
search procedures when there is a "special need" beyond the normal
scope of law enforcement). 158

Smith v. Regents of the University of California, 16 Cal.Rptr.2d
181 (Cal. Super. 1993), aff'd, 56 Cal. App. 4th 979, 65 Cal. Rptr.
2d 813 (Cal. Ct. App., July 25, 1997), reh. denied, Oct. 15, 1997
(holding that the university can collect mandatory student fees but
must partially refund money to students who object to fees going to
certain political or ideological activities). 5, 122

Smith, Guardianship of James A., 684 N.E.2d 613 (Mass. App. Ct.,
Sept. 11, 1997) (individuals appointed under a power of attorney
should have priority in appointments as guardians). 144

Sneed v. Montgomery Housing Authority, 956 F.Supp. 982 (M.D.Ala.
Feb. 5, 1997) (dismissing a same-sex harassment claim for lack of
evidence). 42

Snyder v. American Association of Blood Banks, 676 A.2d 1036 (N.J.
1996) (upheld decision that the AABB was negligent in not
instituting more effective methods of protecting the blood supply
from AIDS) 79

Society for Prevention of Cruelty to Animals v. N.Y. City
Commission on Human Rights, 658 N.Y.S.2d 850 (N.Y. App. Div., 1st
Dept., May 27, 1997) (reducing sex and sexual orientation damage
award). 77

Southworth v. Grebe, 124 F.3d 205 (7th Cir., July 11, 1997)
(dismissing claim objecting to the disbursement of student fees to
a lesbian and gay student group due to lack of jurisdiction). 116

Starr v. North Carolina (N. Carolina Dist. Ct., Durham County,
8/29/97), Charlotte Observer (Aug. 31, 1997), Raleigh News &
Observer (Aug 30, 1997) (holding out of state gay adoption valid
under the Full Faith and Credit Claus of the U.S. Connstitution).

State in the Interest of J.G., N.S. and J.T., 701 A.2d 1260 (N.J.,
Sept. 25, 1997) (upholding state law requiring sex offenders to
submit to an HIV test upon the request of the victim). 158

State v. Acremant (Or.Super.Ct.), Los Angeles Times, Oct. 29, 1997
(jury voted to impose death penalty on man who murdered a lesbian
couple). 164

State v. Apprendi, 698 A.2d 1265 (N.J. App. Div., Aug. 19, 1997)
(rejecting constitutional challenge to hate crime law). 145

State v. Barnaby, 950 S.W.2d 1 (Mo. Ct. App., July 22, 1997)
(upholding denial to suppress voluntary confession of 16-year-old
boy convicted of killing a gay man). 121

State v. Beaird, 1997 WL 176422 (Wash.App. April 11, 1997) (not
officially published) (supporting conviction of defendant for
assault and violation of the Olympia Washington Hate Crime
Ordinance, which applies to anti-gay bias). 58

State v. Bird, 1996 WL 751467 (Ohio Ct. App., 10th Dist. Dec. 31,
1996) (not officially published) (upholding felonious assault
conviction of HIV+ individual who spit in the face of an arresting
police officer). 15

State v. Buchanan, 1997 WL 537662 (Ohio App., 9th Dist, Aug. 20,
1997) (rejecting an ineffectiveness-of-council appeal). 144

State v. Cagle, 488 S.E.2d 535 (N.C., July 24, 1997) (affirming
sentences for two men convicted of killing a gay man). 123

State ex rel. Sprague v. City of Madison, 555 N.W.2d 409 (table),
1996 WL 544099 (Wis. App. 1996) (woman fined for not allowing
lesbian to be her housemate and co-tenant). 70

State v. Dishon, 687 A.2d 1074 (N.J. Super. Ct., App. Div., Feb. 6,
1997) (reversing conviction of murderer of gay man on grounds that
defendant was improperly excluded from voir dire). 21

State v. Doe (Del., Sept. 15, 1997), American Medical News, Sept.
15 (holding dentist not liable for battery, even though he did not
disclose his HIV+ status). 155

State v. Doe (San Francisco Municipal Court, 1997), Washington
Blade, Oct. 10 1997 (sentencing a gay man to one year suspended
sentence for making anti-gay threats against another gay man). 165

State v. Dorthey, 623 So.2d 1276 (La. 1993) (holding a life
sentence is only unconstitutionally excessive if it is out of
proportion to the severity of the crime in murder of gay man). 131

State v. Evans, 311 N.W.2d 481 (Minn. 1981) (unusually compelling
facts justify a greater-than-double upward departure from state's
sentencing guidelines). 30

State v. Farmer, 1997 WL 674779 (Tenn. Crim. App., Oct. 31, 1997)
(upholding 37-year sentence for murder of gay man). 177

State v. Howell, 1997 WL 688768 (Tenn. Crim. App., Nov. 6, 1997)
(rejecting defendant's appeal in homosexual panic murder). 176

State v. Kampher, No. 001377/97, Case No. 232/97 (High Court of
South Africa) (common law penalty for consensual sodomy between
consensual adults in private violates the South African
Constitution's ban on sexual orientation discrimination). 126

State v. Graves, 699 So.2d 903 (La. App., 4th Cir., Sept. 10,
1997)(upholding life sentence for murder of gay man in a bashing
incident). 148

State v. Hadinger, 573 N.E.2d 1191 (Ohio Ct. App., 10th Dist.,
1991) (defining cohabitation as "living together in an intimate
relationship"). 45

State v. Hodges, 944 S.W.2d 346 (Tenn., April 28, 1997) (upholding
death sentence of gay prostitute for murdering a client). 75

State v. Juarez, 1996 WL 706832 (Minn. Ct. App., Dec. 10, 1996)
(not officially published) (ruling that the prosecution did not act
improperly by presenting evidence suggesting that man who was
accused of sexually assaulting teenage boys was gay). 3

State v. Laws, 481 S.E.2D 641 (N.C. Mar. 7, 1997) (refusing to
allow evidence of victim's homosexuality while affirming first-
degree murder sentence). 40

State v. Lee, 699 So.2d 461 (La. Ct. App., Aug 13, 1997) (rejecting
downward sentencing departure for HIV+ man). 131

State v. Lewis, 685 So.2d 1130 (La. Ct. App., 2nd Cir., Dec. 11,
1996) (upholding jury's second degree murder conviction of
defendant who raised homosexual panic defense). 4

State v. Linner, 655 N.E.2d 1180 (Ohio App.) (applying domestic
violence statute to same-sex couple). 142

State v. Machholz, 561 N.W.2d 198 (Minn. App., March 25, 1997)
(affirming the constitutionality of Minnesota harassment statute
and felony enhancement provision). 54

State v. Moman, 1997 WL 40770 (Slip copy)(Minn. Ct.
App. Feb. 4, 1997) (reversing a jail term which was a fifty percent
upward departure from sentencing guidelines imposed on a man for
killing his wife because he believed she was having a lesbian
affair). 22

State v. Mueller (N.D. Ill, April 24, 1997), Chicago Tribune, April
25, 1997 (gay man who refused to pay his taxes to protest how
homosexuals are treated by the federal government sentenced to ten
years in prison). 61

State v. Reeves, 696 So.2d 226 (La. Ct. App. June 4, 1997)
(upholding life sentence for the murder of a gay man). 99

State v. Schmidt, 699 So.2d 448 (La. Ct. App., 3rd Cir., July 29,
1997) (ruling on whether HIV-infected blood samples may be
introduced into evidence). 130

State v. Sheppard, 1997 WL 701349 (Ohio App., 1st Dist., Nov. 7,
1997) (not officially published) (rejecting trial court's
conclusion that an arson was based on sexual orientation bias). 176

State v. Suchocki, 561 N.W.2d 332 (Wisc. Ct. App. Feb. 4, 1997)
(denying claim of anti-gay bias and upholding plaintiff's drug
conviction). 23

State v. Sykes (Jackson County, Kansas, Cir.Ct.), Kansas City Star,
Sept. 10, 1997 (sentencing HIV+ man who had unprotected sex with
several women to ten years in prison). 154

State v. Williams, 683 N.E.2d 1126 (Oh. Sept. 24, 1997) (unmarried
cohabitants are subject to penalties for domestic violence). 143

State v. Yaden, 1997 WL 106343 (Ohio App. 1st Dist, Mar. 5, 1997),
(domestic violence within a cohabiting same-sex couple covered by
state's domestic violence statute). 45

Stemler v. City of Florence, Chipman v. City of Florence, 126 F.3d
856 (6th Cir., Oct. 8, 1997) (recognizing equal protection claim
based on sexual orientation in selective prosecution case). 160

Stewart v. St. Francis Cabrini Hospital, 698 So.2d 1 (La. Ct. App.,
3rd Cir., June 11, 1997) (plaintiff must allege that a method of
transmission existed in order to sue for fear of HIV transmission).

Storey v. Chase Bankcard Services, Inc., 970 F.Supp. 722 (D. Ariz.,
July 21, 1997) (Arizona Civil Rights Act extends to hostile
environment and quid pro quo same-sex sexual harassment). 117

Stringfellow's of New York, Ltd., v. City of New York, 663 N.Y.S.2d
812 (N.Y. App. Div., 1st Dept., July 10, 1997) (rejecting
constitutional challenge to statute regulating the location of
"adult establishments").  119

Sullivan v. Delta Air Lines, 935 P.2d 781 (Cal. May 5, 1997)
(damages for pain and suffering were not lost when HIV+ plaintiff
died while appeal of his case was pending). 81, 171

Sussman v. NYC Health & Hospitals Corp., 1997 WL 334964
(U.S.Dist.Ct., S.D.N.Y., June 16, 1997) (not reported in F.Supp.)
(holding plaintiff has cause of action for sexual orientation
discrimination under New York City Human Rights Law). 101

Swanks v. Washington Metropolitan Area Transit Authority, 116 F.3d
582 (D.C.Cir., June 20, 1997) (plaintiffs are not estopped from
bringing a suit under the ADA if they are already receiving either
Social Security or private disability benefits). 107

Sylvester, In re, 598 A.2d 76, 409 Pa. Super. 439 (Pa. Super. Ct.,
Oct. 23, 1991) (holding that person appointed under a durable power
of attorney has priority to be appointed a guardian in case of
incapacity). 144

T ^

Talavera v. School Board of Palm Beach County, 129 F.3d 1214 (11th
Cir., Nov 24, 1997) (holding that an applicant for social security
benefits can bring a claim under the ADA). 182

Tammy, In re Matter of, 619 N.E.2d 315 (Mass. 1993) (authorizing
joint adoptions by same-sex couples). 94

Taylor v. New York City Transit Authority, 75 Fair Emp. Prac. Cases
(BNA) 366, 72 Emp. Prac. Dec. (CCH) para. 45,066 (U.S. Dist.Ct.,
S.D.N.Y., Oct. 7, 1997) (dismissing same-sex harassment suit under
Title VII). 162

Terril v. State, 695 So.2d 915 (Fla. Dist. Ct. App., June 25, 1997)
(upholding exclusion of expert testimony about the homosexual rage
plaintiff suffered when committing murder). 103

Tester v. City of New York, 1997 WL 81662 (S.D.N.Y. Feb. 25, 1997)
(Not reported in F.Supp.) (refusing to dismiss action brought under
Equal Protection Clause by openly gay police officer charging
constructive discharge). 44

Thomasson v. Perry, 80 F.3d 915 (4th Cir. 1996), cert. denied, 117
S.Ct. 358 (1997) (upholding military's "Don't Ask, Don't Tell"
policy as a legitimate use of congressional power). 3, 137

Thompson, In re Marriage of, 449 N.E.2d 88 (1983) (rejecting a
conclusive presumption that a child is harmed by a parent's
cohabitation with a person of the opposite sex). 1

Thorne v. U.S. Dept. of Defense, 945 F.Supp. 924 (E.D.Va. Nov.
20, 1996) (upholding constitutionality of military's "Don't Ask,
Don't Tell" policy by finding that it possible to rebut the
presumption that service members who say they are gay will engage
in prohibited conduct). 3

Titchenal v. Dexter, 693 A.2d 682 (Vt. Feb. 28, 1997) (rejecting
lesbian partner's request for visitation rights with ex-partner's
adopted child). 39

Tranker v. Figgie International, 561 N.W.2d 397 (Mich. Ct. App.
Jan. 3, 1997) (holding that an individual who is receiving
disability benefits is estopped from asserting an ADA claim
alleging discrimination based on disability). 17, 81

12th Street Gym, Inc. v. General Star Indemnity Co., 980 F.Supp.
796 (E.D.Pa., Oct. 7, 1997) (holding that defendant insurer must
cover AIDS discrimination suit). 182

226 Company v. Becker (N.Y.Sup.Ct., App. Term, N.Y. County),
N.Y.L.J., June 3, 1996, p.25 col. 1 (reversing a successorship
decision declaring respondent and deceased tenant shared a
quasi-father-and-son relationship). 104

U ^

Ulane v. Eastern Airline, 742 F.2d 1081 (7th Cir., 1984), cert.
denied, 471 U.S. 1017 (1985)(transsexuals are not a protected
class under Title VII). 11, 115

U.S. v. Bygrave, 46 M.J. 491 (C.A.A.F., Aug 28, 1997) (upholding
conviction of aggravated assault where defendant did not reveal his
HIV+ status). 151

U.S. v. Farmer, 112 F.3d 511 (4th Cir. May 2, 1997) (person
suffering from AIDS-related dementia may be able to vacate guilty
plea). 81

U.S. v. Malaca, 1997 WL 37797 (U.S.A.F. Ct. Crim. App. Jan 29,
1997) (not officially published) (upholding the conviction of
serviceman for off-base homosexual sexual activity). 27

U.S. v. Nadel, 46 M.J. 682 (N-M.C. Crim. App. March 26, 1997)
(holding evidence obtained in violation of "don't ask, don't tell"
guidelines is permissible). 99

U.S. v. Johnson, 46 M.J. 253 (C.A.A.F. July 7, 1997) (holding
hearing should be conducted to determine if Johnson's superiors
interfered with his court martial). 103

U.S. v. Klauck, 47 M.J. 24 (C.A.A.F., Sept. 3, 1997) (rejecting the
use of a condom as a defense to not disclosing HIV+ status to
sexual partner). 151

U.S. v. Smith, 116 F.3d 473 (4th Cir. June 24, 1997) (defendants
with HIV/AIDS are not entitled to downward sentencing departure
just because of their illness). 107, 131

U.S. v. Ward, 131 F.3d 335 (3rd Cir., Nov. 13, 1997) (upholding HIV
test of convicted rapist under Violence Against Women Act). 180

University of Alaska v. Tumeo and Wattum, 933 P.2d 1147 (Alaska Ct.
App. Mar. 14, 1996) (state law ban on marital status discrimination
meant that University had to extend benefits to domestic partners,
but subsequent amendment of law to exclude such benefits meant no
relief for plaintiffs). 37

V ^

Vacco v. Quill, 117 S.Ct. 2293 (June 26, 1997) (states can prohibit
physician-assisted suicide). 93

Vernon v. City of Los Angeles, 27 F.3d 1385 (9th Cir., 1994)
(Government neutrality required under Establishment Clause is
violated as much by government disapproval of religion as by
government approval of religion). 54

W ^

Walker v. Peters, 1997 WL 695677 (N.D.Ill., Nov. 3, 1997)
(dismissing HIV+ prisoner's claim of cruel and unusual punishment).

Walmer v. U.S. Dept. of Defense, 1996 WL 717330 (D.Kan. Nov. 25,
1996) (not reported in F.Supp.) (rejecting equal protection and
bill of attainder challenges and granting government's motion for
summary judgment in case brought by former service member who
wasdischarged for "homosexual acts" under the "old" military
policy). 5,12

Walsh v. Carney Hospital (Mass. Superior Ct. 1996), Boston Globe,
Jan. 3, 1997 (reporting jury award of $1.2 million in damages to
plaintiff who claimed that he was fired by Catholic hospital
because management believed that he was gay). 12

Ward v. Ward, 1996 WL 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). 12

Washington v. Glucksburg, 117 S.Ct. 2258 (June 26, 1997) (states
have the right to prohibit physician-assisted suicide). 93, 123

Watkins v. U.S. Army, 837 F.2d 1428 (9th Cir. 1988) (Army estopped
from discharging gay servicemember). 138

Weaver v. State, 939 S.W.2d 316 (Ark. Ct. App. Feb. 26, 1997)
(upholding thirty year sentence imposed on HIV+ man who,
disregarding health department directive, had sex without informing
partner of HIV status). 34

Weigand v. University Hospital of New York University Medical
Center, 659 N.Y.S.2d 395 (N.Y.Sup.Ct., N.Y. County, April 1, 1997)
(denied American Association of Blood Banks' motion to be dismissed
as a defendant in liability suit). 79

West v. Superior Court, 59 Cal.App.4th 302, 69 Cal.Rptr.2d 160
(Cal. Ct. App., Nov. 17, 1997) (state courts cannot make custody or
visitation rulings in cases brought by unmarried partners of single
parents). 175

West End Associates v. Wildfoerster, 661 N.Y.S.2d 202 (N.Y.
App.Div., 1st Dept., July 27, 1997)(holding a family relationship
had not been established under Rent Stabilization Code provisions).

Whalen v. Roe, 429 U.S. 589 (1977) (upholding a state law requiring
doctors to report to public health authorities when they prescribe
certain contraceptive drugs). 62

Whitchurch v. Perry, 408 A.2d 627 (Vt. 1979) (establishing
equitable adoption doctrine). 40

Whitebeck v. Vital Signs, Inc., 116 F.3d 588 (D.C. Cir. June 20,
1997) (plaintiffs are not estopped from bringing a suit under the
ADA if they are already receiving either Social Security or private
disability benefits). 107

Wicklund, In re Marriage of, 932 P.2d 652 (Wa. Ct. App. Dec. 23,
1996) (striking down lower court provision that gay father must
refrain from displaying affection toward partner while in presence
of his children). 2

Wiggins v. State, 1997 WL 124253 (Tenn. Crim. App., Mar. 20, 1997),
app. denied, Sept. 29, 1997 (refusing to grant post-conviction
relief to murderer of gay man). 43

Williamson v. Waldman, 696 A.2d 14 (N.J., July 21, 1997) (holding
a claim for negligent infliction of emotional distress due to fear
of contracting AIDS cannot be based on ignorance, misinformation,
or hysteria). 127

Wisconsin v. Mitchell, 508 U.S. 476 (1993) (laws enhancing
penalties for bias crimes are constitutional). 76

Wisconsin v. Yoder, 406 U.S. 205 (1972)(foster parents can
determine religious upbringing of child). 55, 98

World Insurance Co. v. Branch, 966 F.Supp. 1203 (N.D.Ga., May 22,
1997) ($5,000 lifetime cap on AIDS related claims violates Title
III of the ADA) 79

Wrightson v. Pizza Hut of America, Inc., 99 F.3d 138 (4th Cir.
1996) (same-sex harassment actionable where the perpetrator is
homosexual). 116

Y ^

Yeary v. Goodwill Industries-Knoxville, Inc., 107 F.3d 443 (6th
Cir. Feb 24, 1997) (same-sex sexual harassment is actionable under
Title VII). 21

Yeskey v. Commonwealth of Pennsylvania Dept. of Corrections, 118
F.3d 168 (3rd Cir., July 10, 1997)(holding Title II of the ADA
applies to prison's policies towards prisoners). 134

Z ^

Zaremba v. Cliburn, 949 S.W.2d 822 (Tex. App., July 17, 1997)
(affirming the dismissal of complaint filled by plaintiff for
alleged verbal business agreement with alleged same-sex partner).

Zunino v. Cook County Commission on Human Rights, 682 N.E.2d 178
(Ill. App. Ct., 1st Dist., June 19, 1997) (affirming that a hearing
need not be held on sexual orientation discrimination claim after
Commission substantiated reasons for plaintiff's dismissal). 102

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