Lesbian/Gay Law Notes Case Table for 2005

1. Aperuta v. Pirrello, 381 N.J.Super. 449 (N.J.Super.A.D., Dec 5, 2005) (township had to pay legal fees incurred by police officer in defending against defamation suit where he told one citizen that another citizen was HIV+).

2. 832 Corp. v. Gloucester Tp., 404 F.Supp.2d 614 (D.N.J., Dec 12, 2005) (comprehensive licensing scheme which regulated adult-use establishments did not violate the plaintiff’s right to privacy or the Constitution).

3. ACLU of Michigan, (Lesbian/Gay Law Notes, Summer, pg 144) (ACLU of Michigan files suit on behalf of a group of same-sex couples challenging the state government’s action of rescinding or blocking domestic partnership benefits for public employees based on state Attorney General Mike Cox’s opinion that this was required by the anti-marriage amendment enacted by voters on Nov, 2, 2005).

4. Air Transportation Association of America v. City and County of San Francisco, 992 F.Supp. 1149 (N.D.Cal. 1998) (invalidated the application of an ordinance requiring governement contractors to have a domestic partnership benefits program for its employees, relying on a federal statute the preempts localities from regulating the air traffic system).

5. Akmal v. Ashcroft, 117 Fed.Appx. 226 (3rd Cir, Dec 30, 2004) (Board of Immigration Appeals’ denial of an asylum petition from an HIV+ man from Pakistan upheld).

6. Akridge v. Wilkinson, 351 F.Supp.2d 750 (S.D.Ohio, Nov 22, 2004) (prison chaplain’s claim that his homophobic statements were protected by the First Amendment dismissed).

7. Alaska Civil Liberties Union v. State of Alaska, 122 P.3d 781 (Alaska, Oct 28, 2005) (employees of the state and of the city of Anchorage were entitled to employee benefits coverage for their same-sex partners on the same basis as other employees received coverage for their spouses).

8. Ali v. Gonzales, 2005 WL 3466066 (7^th Cir, Dec 19, 2005) (procedural issues prohibit reopening of asylum petition for man from Algeria).

9. Allentown Rights Law (Lesbian/Gay Law Notes, September, pg 168) (Pennsylvania’s Commonwealth Court ruled on Aug 11, 2005 that the state’s home rule statute did not stand as a barrier to passage of a law forbidding sexual discrimination by businesses and landlords).

10. Alons v. Iowa Dist. Court for Woodbury County, 698 N.W.2d 858 (Iowa, Jun 17, 2005) (state senators, state representatives, congressperson, pastor, and church lacked standing as members of public to challenge district court’s decree dissolving civil union that had been entered into in Vermont between same-sex couple).

11. Amrak Productions, Inc. v. Morton, 410 F.3d 69 (C.A. 1st, June 3, 2005) (affirmed lower court determination that a publication failed to communicate to a reasonable reader that the plaintiff was gay. Did not address whether a false imputation of homosexuality is defamatory).

12. Annette F. v. Sharon S., 130 Cal.App.4th 1448 (Cal.App. 4 Dist, Jul 12, 2005) (in a child custody dispute between two women, petitioner’s appeal was untimely and subsequently dismissed.)

13. Anonymous v. Anonymous, 797 N.Y.S.2d 754 (N.Y.App.Div., 1 Dept., Jul 14, 2005) (N.Y. Court of Appeals will hear an appeal in co-parent as a ‘legal stranger’ issue).

14. Arthur v. Standard and Poor’s Corp., 6 Misc.3d 1033(A) (Supreme Court New York County, Feb. 7, 2005) (plaintiff’s complaint alleging a hostile work environment and discrimination and discharge on the basis of sexual orientation survives defendant’s motion for summary judgment).

15. Australia, (Lesbian/Gay Law Notes, February, pg 15) (Sydney Morning Herald) (court held that because sexual acts took place when consensual sodomy was unlawful, defendant must be found guilty. Defendant served a “nominal” sentence).

16. B.G. v. M.R., 165 Md.App. 532 (Md. App., Nov 7, 2005) (vacates judgment and remands to reconsider whether biological parents are unfit or there are exceptional circumstances such that custody should not be awarded to them, but to a

17. Bacolod v. Superior Court, 2005 WL 712316 (Ca. App. 2 Dist., Mar 30, 2005) (held that California courts are without jurisdiction to declare a change of sex for somebody born outside of California but resident in the state, even though the legislature has authorized the courts to order changes on California birth certificates for transgendered people born in the state).

18. Badger v. Greater Clark County Schools, 2005 WL 645152 (S.D. Indiana, Feb 15, 2005) (Plaintiff, a gay public school teacher, was accused of trying to molest teenage boys. Plaintiff, maintaining his innocence, subsequently filed various constitutional and tort claims. Court rejected plaintiff’s defamation claim but allowed the rest of plaintiff’s claims to proceed).

19. Bagley v. Regis Corporation, 2004 WL 2826810 (Dec. 7, 2004) (plaintiff’s Title VII claim dismissed, where defendant was gay and allegedly made offensive remarks to the plaintiff).

20. Baker v. Dorfman, 2005 WL 713329 (S.D.N.Y., Mar 29, 2005) (defendant ordered to pay damage claims from previous court opinion).

21. Baker v. Nelson, 191 N.W.2d 185 (Minn., 1971) (the first reported same-sex marriage opinion in the U.S., claim against state of Minnesota upon the refusal of clerk to issue them a marriage license was rejected).

22. Banks v. Hennessey, 2005 WL 3157476 (N.D. Cal., Nov 23, 2005) (a self-described transsexual/transgendered man was not entitled to injunctive relief in pro-se action against prison officials who refused to house him in a sexually vulnerable inmate housing unit).

23. Barnes v. City of Cincinnati, 401 F.3d 729 (6^th Circuit (Ohio), March 22, 2005) (court affirms jury verdict finding for pre-operative male-to-female transsexual police officer under Title VII action against the city alleging his demotion was due to sex discrimination).

24. Baxter v. Pesanti, 2005 WL 1877200 (D.Conn., Jul 29, 2005) (dispute between HIV+ inmates and prison medical personnel, court ruled that the treatment the inmates received was sufficient).

25. Beard v. Tennessee, 2005 WL 1334378 (Tenn. Crim. App., June 7, 2005) (appellate court ruled that the constitutional validity of Tennessee’s criminal prohibition of incest is not affected by Lawrence).

26. Bellinger, Elizabeth, (Lesbian/Gay Law Notes, February, pg 15) (Lincolnshire Echo , UK, Jan 10, 2005) (transsexual denied recognition by the U.K. for her marriage takes her case to the European Court of Human Rights).

27. Bell, Sen. Greg. (Gay/Lesbian Law Notes, January, pg. 11) (Deseret Morning News, OH, Dec. 17, 2004) (republican member of legislature indicates intent to introduce a bill during 2005 session defining a mutual dependence benefits contract for adults who are not married and who can’t marry each other as a matter of state law).

28. Benefits Issues for Same Sex Couples, (Lesbian/Gay Law Notes, January, pg 12) (Boston Globe, MA, Dec 29, 2004) (survey by The Segal Co. regarding whether Massachusetts employers planed to extend equal retirement benefits to spouses of gay and lesbian employees).

29. Benton v. Oxmint, 2004 WL 3249249 (D.S.C., Oct 27, 2004) (8th amendment claim of deprivation of HIV-related treatment by an inmate dismissed).

30. Berner-Kadish v. Minister of Interior, (Israel, High Court of Justice 1779/99) (second-parent adoption conducted in California should be registered in Israel.

31. Berry v. Berry, 2005 WL 1277847 (May 31, 2005) (Tennessee appellate court reversed custody order because state law could not allow a taking custody away from a lesbian mother based solely on speculation that the child might be affected in the future by his mother’s openly lesbian lifestyle).

32. Boer-Sedano v. Gonzales, 418 F.3d 1082 (9 th Cir., Aug 12, 2005) (police officers qualify as “official” persecution which qualified applicant for asylum from Mexico).

33. Bouley v. Long Beach Memorial Medical Center, 127 Cal.App.4th 601 (Cal. App. 2 Dist., March 15, 2005) (statute extending right to sue for wrongful death to domestic partners applied retroactively).

34. Bowler v. Lockyer, No 05CS01123 (Sacrament Superior Ct., filed Aug 1, 2005) (proposed petition and ballot summary for one of the proposed same-sex marriage amendments in California finalized).

35. Boy Scouts of America v. Dale, 530 U.S. 640 (2000) (state cannot compel private organization to accept members, which would violate first amendment rights).

36. Brown v. Board of Education of Topeka, 347 U.S. 483 (1952)

37. Buell and Moffett v. Clara Maas Medical Center, Docket No. L-5144-03 (May 11, 2005) (New Jersey’s Domestic Partnership statute interpreted to extend beyond the rights listed in order to uphold the right of a domestic partner to sue for loss of consortium).

38. Burt v. Rumsfeld, 354 F.Supp.2d 156 (D. Conn., Jan 31, 2005) (Solomon Amendment violated Yale Law School faculty’s free speech rights, expressive association rights, but did not violate any substantive due process right).

39. Butler v. Adoption Media, LLC, 2005 WL 1513142 (N.D. Cal., June 21, 2005) (held that numerous defenses were unavailable to defendants in pending litigation over the refusal of an Arizona-based online adoption service to allow a same-sex male couple to post their information on the service’s website).

40. C.N. v. Ridgewood Bd. Of Educ., 430 F.3d 159 (3^rd Cir., N.J., Dec. 1, 2005) (Anonymous surveys seeking details of sutdents’ personal lives did not violate parents’ or students’ privacy or speech rights).

41. C.N. v. Wolf, --- F.Supp.2d ----, 2005 WL 3704219 (C.D. Cal., Nov 28, 2005) (outing a lesbian teen to her parents by a public employee may be a constitutional violation).

42. Caggiano, Karen (Lesbian/Gay Law Notes, Summer, pg 152) (Newark Star-Ledger, June 5, 2005) (jury awarded $2.8 million in damages to former Essex Coutny Sheriff’s Officer because she was subjected to workplace harassment as a lesbian. Judge also ordered that the County pay $1.7 million in attorneys fees to Caggiano).

43. Calahan, Billy (Lesbian/Gay Law Notes, Summer, pg 153) (365Gay.com, June 18, 2005) (judge imposed ridiculously light sentence on nineteen-year-old boy who pled guilty to participating in an attack on a gay high school student that was so severe, the victim needed facial reconstructive surgery).

44. Cantoral v. Kyle, 2005 WL 1606436 (E.D. Tex., Jun 30, 2005) (HIV+ inmate failed to allege “deliberate indifference” required in an 8th Amendment claim).

45. Chambers v. Chambers, 2005 WL 645220 (Del. Fam. Ct., Jan 12, 2005) (appellant having no legal or biological relationship with child, found to meet the requirements of a “de facto” parent, and may be equitably estopped from refusing to pay the child support order).

46. Chen v. Hewlett-Packard Co., 2005 WL 3479638 (D.Or., Dec 20, 2005) (lesbian plaintiff stated a claim when alleging that she was discharged for being workplace advocate for gay rights and the rights of persons with occupational disabilities).

47. Christian Legal Society v. Walker, 2005 WL 1606448 (S.D. Ill., Jul 5, 2005) (preliminary injunctive relief was denied to organization which passed a resolution providing that anyone who engages in homosexual conduct or believes that such conduct is not sinful may not become a member or officer of the Society and was subsequently denied recognition by the Southern Illinois University School of Law).

48. Christian Legal Society v. Walker, No 05-3239 (Lesbian/Gay Law Notes, September, pg 167) (insidehighered.com, Aug 29, 2005) (law school must continue to recognize CLS as a student organization pending a trial on the merits of CLS’s First Amendment claims).

49. Citizens for a Responsible Curriculum v. Montgomery County Public Schools, 2005 WL 1075634 (May 5, 2005) (court orders school district to halt a new, non-mandatory sex education curriculum in some of its 8th and 10th grade classes on behalf of a group of objecting parents on First Amendment grounds).

50. Citizens for Equal Protection, Inc. v. Bruning, 368 F.Supp.2d 980 (D. Neb.) (May 12, 2005) (Nebraska ban on same-sex marriage amendment held unconstitutional).

51. City of San Diego v. Roe, 125 S.Ct. 521 (Dec 6, 2004) (officer sold porn videos, not entitled to First Amendment protection. Officer’s claim under §1983 dismissed).

52. Clapper, Lori, (Lesbian/Gay Law Notes, February, pg 13) (Syracuse Post Standard, Jan 11, 2005) (defendant pled guilty to a charge of grand larceny after having made unauthorized withdrawals from her partner’s retirement account. Matter would have been governed by Domestic Relations Law, rather than criminal, if same-sex partners could marry).

53. Clark v. McLeod, 125 S.Ct 2551, (June 5, 2005) (cert denied in case involving gay parenting issues).

54. Collins v. Collins, 1988 WL 30173 (1988) (change of custody approved based on speculation that lesbian mother’s openly lesbian lifestyle is harmful to child).

55. Collins v. Day, 644 N.E.2d 72 (Indiana, 1994) (worker’s compensation statute that permits employers to waive their exemption from compulsory worker’s compensation coverage is not unconstitutional).

56. Colondres v. Barnhart, 2005 WL 106893 (S.D.N.Y., Jan 18, 2005) (Social Security disability benefits proceeding remanded where an HIV+ man who was denied benefits).

57. Commonwealth v. Cutts, 444 Mass. 821 (Mass., Aug 9, 2005) (sustains conviction for first degree murder of a gay man, where a gay panic defense was employed).

58. Connick v. Myers, 461 U.S. 138 (1983) (discharge of former assistant district attorneydid no violate atterney’s constitutionally protected right of free speech).

59. Cook v. Rumsfeld 354 F.2d 1358 (C.A.Fed, Texas), 2004) (statute prohibiting disabled military veterans from recovering both disability and military retirement pay did not violate equal protection).

60. Counce v. Kemna, 2005 WL 579588 (W.D.Missouri., Mar 8, 2005) (prisoner’s discrimination claim that he was not promoted to a higher position in the prison kitchen because he is homosexual was dismissed).

61. Council of the City of New York v. Bloomberg, 16 A.D.3d 212 (N.Y. App. Div., Mar 15, 2005) (NYC Council lacked the authority to pass an ordinance establishing as an eligibility requirement to bid for city contractors that an entity with more than $100,000 in city contracts in the prior twelve-month period have a domestic partnership benefits program for its employees).

62. Couture v. Belle Bonfils Memorial Blood Center, 151 Fed.Appx. 685 (10th Cir., Oct 25, 2005) (HIV+ man hired as a donor technician loses on suit against employer under ADA and state law. He was told that he could no longer continue training for the donor technician position upon disclosure of his HIV status).

63. Cower v. Albany Law School of Union University, 2005 WL 1606057 (N.D.N.Y., July 28, 2005) (plaintiff gay male law student’s sexual orientation discrimination claim against Albany Law School was transferred to defendant’s district).

64. Cran, Ryan (Lesbian/Gay Law Notes, March, pg 19) (National Post, Canada, Feb 9, 2005) (judged sparked outrage from gay rights advocates when she sentenced Cran to only six years imprisonment for participating in the murder of Aaron Webster, a gay man).

65. Crist, Charlie (Lesbian/Gay Law Notes, September, pg 180) (Associated Press, Sept 2; Florida4Marriage.org) (Florida Attorney General submitted two proposed citizen initiatives to the state Supreme Court to amend the constitution and ban same-sex marriage).

66. Daniels v. Mobile Register, Inc., 2005 WL 1505856 (S.D> Alabama, June 24, 2005) (summary judgment against platiniff in time-barred same-sex harassment claim).

67. Davenport v. Little-Bowser, 611 S.E.2d 366 (Va. Supreme Ct. April 22, 2005) (state officials may not refuse to issue new birth certificates listing both adoptive parents for Virginia-born child adopted by same-sex couple in District of Columbia).

68. Davidson v. Coit, 899 So.2d 904 (Miss. Ct. App., Feb 1, 2005) (a chancery court decision to terminate April Davidson’s custody of her daughters due to their exposure to her lesbian “lifestyle” was based on substantial evidence and should be sustained).

69. Davis v. Davis, 2004 WL 2806433, (Ohio Ct. App., 7th Dist., Nov 29, 2004) (former wife sought to vacate an agreed upon custody arrangment, which in part restricted the presence of her lesbian partner. Denied).

70. Davis v. Potter, 2005 WL 1513161 (N.D. Cal., June 20, 2005) (gay man alleging multiple discrimination claims under Title VII failed to exhaust internal remedies before filing suit).

71. Daubert v. Merrell Dow Pharmaceuticals, Inc, 509 U.S. 579 (1993) (held that “general acceptance” is not a necessary precondition to admissibility of scientific evidence under Federal Rules of Evidence, and the Rules assign to trial judge the task of ensuring that expert’s testimony both rests on reliable foundation and is relevant to task at hand).

72. Davidson v. Coit, 899 So.2d 904 (held that ex’wife, a lesbian, exposed children to sexual nature of her relationships with other women, which constituted a substantial change in circumstances warranting modification of custody).

73. Davis v. United States, 125 S.Ct. 977 (2005) (petition for writ of certiorari denied).

74. Dawson v. Brumble & Brumble, 398 F.3d 211 (2nd Cir., Feb 17, 2005) (affirmed summary judgment against plaintiff, in which out lesbian protested her dismissal from a position at a beauty salon, claiming Title VII discrimination on the basis of sex and sexual orientation).

75. Dees v. Bob Evans Farms, Inc., 2005 WL 1610656 (S.D. Ill., July 7, 2005) (because the supervisor was verbally abusive to both male and female employees, the supervisor was properly characterized as an “equal opportunity harasser,” and thus her conduct was not actionable under Title VII).

76. Degrate v. State of Texas, 2005 WL 165182 (Tex.App.-Dallas, Jan 26, 2005) (appeals court affirmed a twenty-five year prison assault with a deadly weapon conviction of a HIV+ prisoner who bit a prison guard).

77. Delp v. American National Red Cross, 2005 WL 1924399 (S.D.W.Va., Aug 10, 2005) (defendant’s motion to dismiss granted where plaintiff alleged injury based on defendant’s refusal to remove her from its blood donor deferral list. Plaintiff tested HIV+ at a Red Cross blood drive but after subsequent tests, it was confirmed that she wasn’t HIV+).

78. Devlin v. City of Philadelphia, 862 A.2d 1234 (Pa., Dec 6, 2004) (city enacted three ordinances, plaintiff’s sought a declaration making these ordinance invalid. Supreme Court of Pennsylvania held that same-sex life partnership could be considered a marital status, city could extend employee benefits to employees’ same-sex life partners, city could not prohibit discrimination regarding those registered as life partners and realty transfer tax between life partners could not be exempted).

79. Dick v. Phone Directories Co., Inc., 397 F.3d 1256 (10^th Circuit (Utah), Feb, 11, 2005) (plaintiff does not need to prove the harasser is homosexual in a same-sex harassment case, but that harasser’s conduct was motivated by sexual desire. Also, plaintiff must show an adverse employment action which constitutes a significant change in employment status).

80. Discua, Jose Celin, (Lesbian/Gay Law Notes, February, pg 15) (Los Angeles Times, Jan. 19, 2005) (congressman introduced a resolution in the National Congress to amend the constitution to ban same-sex marriage or adoption of children by homosexuals).

81. Doe v. City of Lwell, 18 Mass.L.Rptr. 535 (Nov 18, 2004) (HIV+ police officer had established his eligibility for work-related disability benefits).

82. Doe v. Lutheran High School of Greater Minneapolis, 702 N.W.2d 322 (Minn. App. Ct. Hennepin County, Aug 23, 2005) (church and high school allowed to discharge gay teacher even though he made no public statements about his sexuality and is celibate).

83. Doe v. Pharmacia & Upjohn, Inc., 122 Fed.Appx. 20 (4th Cir, Feb. 4, 2005) (court certified to the Maryland Court of Appeals the question whether an employer has a duty of care to the wife of an employee regarding HIV testing and notification).

84. Doe v. Rosa, 606 N.Y.S. 2d 522 (N.Y.Sup.Ct., N.Y. Co., 1993) (order enforcing Governor Cuomo’s executive order banning sexual orientation discrimination at the State University of New York at Buffalo law school).

85. Dower, Kim (Lesbian/Gay Law Notes, April, pg 14) (Rocky Mountain New, Mar 3, 2005) (plaintiff transsexual worker, forbidden from dressing as a woman, charges defendant with gender identity discrimination in the city of Denver).

86. Doyle v. Goodridge, 444 Mass. 1006 (Mass., May 27, 2005) (stay pending outcome process to amend Commonwealth’s Constitution after Supreme Judicial Court invalidated ban on same-sex marriage was denied).

87. Dunbar, Kevin, (Lesbian/Gay Law Notes, January, pg 14) (Lambda Legal reaches settlement in its lawsuit on behalf of gay man who suffered work-place harassment at two different Foot Locker stores in Columbia, South Carolina).

88. Duncan, Sgt. Robert and Weiner, Officer Alan, (Lesbian/Gay Law Notes, January, pg 13) (Associated Press, Dec 27, 2004) (City of Los Angeles settles sexual orientation discrimination claims with both police force members).

89. Dunkin v. Ireland, 2005 WL 1532425 (C.A. 10th, June 30, 2005) (a lesbian mother was issued a civil protection order against the harassing activities of her brother).

90. Egan v. Hamline United Methodist Church, 679 N.W.2d 350 (Minn.App., Apr 13, 2004) (appellant music director was a part of church’s religious staff, such that Minnesota Human Rights Act did not protect appellant against discrimination and retaliation by the church as an employer if the discrimination and retaliation was based on the employee’s sexual orientation).

91. Elden v. Sheldon, 46 Cal.3d 267, (CA., 1988) (held that an unmarried cohabitant cannot sue for loss of consortium and negligent infliction of emotional distress based on witnessing his or her cohabitant’s injury and death).

92. Elisa B. v. Superior Court, 37 Cal.4^th 108 (CA, Aug 22,2005) (a child can have two legal mothers).

93. Elliott v. PAX Academic Exchange, 2005 WL 2002075 (M.D. Alabama, Aug 18, 2005) (federal jurisdiction not found in case where HIV+ foreign exchange student was placed with a family).

94. Esparza v. Telerx Marketing, 2005 WL 1514046 (W.D. Texas, June 21, 2005) (in same-sex harassment case under Title VII, summary judgment granted to employer because the alleged misconduct was “episodic” and not pervasive enough).

95. Esquinance v. Polk County Education Association, 2005 WL 1798625 (Tenn. Ct. App., July 29, 2005) (school teacher opposed to gay rights and domestic partnership benefits can oppose union’s allocation of his dues).

96. Essex County, New Jersey (Lesbian/Gay Law Notes, Summer, pg 158) (Legal Action Center Press Release, Jun 30, 2005) (lawsuit pending in Essex Coutny Superior Court on behalf of same-sex couple who were denied services by an adoption agency because on of the men were HIV+ was settled).

97. Etsitty v. Utah Transit Authority, 2005 WL 1505610 (D. Utah, June 24, 2004) (Court held that employer could legitimately refuse to let an employee, a pre-operative transsexual, use the women’s restroom because she had male genitals).

98. Ewans v. TJ Maxx, 19 Mass.L.Rptr. 129 (Mass. Super. Ct., Feb 15, 2005) (court ruled on defense motions to dismiss various counts of a complaint centered on employment discrimination and harassment; sexual orientation discrimination claim survives).

99. Ewing v. State, 157 S.W.3d 863 (TX Ct. of App., Feb 3, 2005) (held that trial judge had properly sustained objections to voir dire questions about jurors’ attitudes regarding a gay defendant in a trial of a male police officer on charges of sexually assaulting a sixteen-year old boy).

100. Ex parte G.C., Jr., --- So.2d ----, 2005 WL 1793345 (Al. Sup. Ct., July 29, 2005) (biological parent waives his rights and loses custody claim in a god-rhetoric filled series of opinions).

101. Ex parte J.M.F., 730 So.2d 1190 (Ala. 1998) (former husband granted custody based on former husband’s new marriage and the change in former wife’s homosexual relationship from a discreet affair to the creation of an openly homosexual home environment).

102. FAIR v. Rumsfeld, 390 F.3d 219, (3rd Cir., 2004) cert. granted, May 2, 2005

103. Farrell v. Burke, 2004 WL 2813175 (S.D.N.Y. Dec 8, 2004) (claim rejected that restricting a parolee from possessing pornographic materials violated his First Amendment rights).

104. Fearwell v. United States, 886 A.2d 95 (D.C., Nov 10, 2005) (HIV+ defendant’s conviction for willfully failing to appear in court was reversed because he was entitled to a jury instruction regarding his special circumstances and prosecutor’s rebuttal argument was improper).

105. Fields v. Palmdale School Dist., 427 F.3d 1197 (9^th Cir., Nov 2, 2005) (parents lost on constitutional claims when school undertook a survey regarding sexual matters of their elementary school-age children).

106. Fischer, Loraine, (Lesbian/Gay Law Notes, January, pg 14) (Oregonian, Dec 23, 2004) (city attorney advised City Council to pay $150,000 to settle sexual orientation discrimination complaint brought by lesbian former employee).

107. Fiske v. U.S. Health Corporation of Southern Ohio, 2005 WL 674445 (Ct. App. Ohio, 4th Dist., Scioto Co., Mar 11, 2005) (HIV discrimination case reinstated and remanded).

108. Fleck and Associates, Inc. v. City of Phoenix, 356 F.Supp.2d 1034 (D. Ariz., Feb 11, 2005) (a corporation cannot assert Constitutional privacy rights. A gay men’s social club is not private and thus meriting constitutional protection, due to the low level of selectivity of membership).

109. For the People Theatres of N.Y., Inc., v. City of New York, --- N.E.2d ----, 2005 WL 3452326 (N.Y., Dec 15, 2005) (court held that a fact issue existed as to whether alterations made by adult-oriented business operations in order to fall outside of city Adult Zoning Ordinance).

110. Forum for Equality PAC v. McKeithen, 893 So.2d 715 (La., Jan 19, 2005) (Louisiana Supreme Court upholds anti-gay marriage amendment).

111. Fourie v. Minister of Home Affairs, Case no. 232/2003 (Lesbian/Gay Law Notes, January, pg 17) (South African Press Association, Dec 22, 2004) (Supreme Court of Appeals ruled that the common law definition of marriage in South Africa must be changed to include same-sex partners).

112. Franklin, Shirley (Lesbian/Gay Law Notes, January, pg 13-14) (Atlanta Journal-Constitution, Dec 29, 2004) (mayor imposed a fine on country club violating city ordinance to recognize same-sex domestic partners with respect to membership policies. Earl Ehrhart, indicated he will introduce legislation forbidding state government from imposing penalties on private organization engaged in lawful expressive association, in light of Dale).

113. Free Speech Coalition, Inc., v. Gonzalex, Case No. 05-CV-1125 (the Coalition challenges regulations on same-sex images on the grounds that they exceed the authorization of 18 U.S.C. § 2257 and violate the First Amendment rights of distributors and producers).

114. French National Assembly, (Lesbian/Gay Law Notes, January, pg 17) (The Guardian, England, Dec 10 and 24, 2004) (assembly approved a bill on Dec 8, 2004 making it illegal to use homophobic or sexist language).

115. Forrester v. Ashcroft, 2005 WL 281187 (E.D.Pa., Feb 3, 2005) (lesbian from Jamaica lost bid to stay in the United States for failure to show she would be subject to torture in her home country).

116. Forum For Equality PAC v. McKeithen, 893 So.2d 738 (La, January 19, 2005) (state constitutional amendment restricting marriage to union between man and woman survives appeal).

117. Forum For Equality PAC v. McKeithen, 893 So.2d 715 (La, January 19, 2005) (state constitutional amendment that prohibited same-sex marriage did not violate the single object rule of the state constitution).

118. Francies v. Kapla, 127 Cal.App.4th 1381 (Cal. App. 1 Dist., March 30, 2005) (calculation of damages discussed in action for medical malpractice, invasion of privacy and violation of Confidentiality of Medical Information Act (CMIA) against physician, who allegedly disclosed patient’s HIV status to patient’s employer).

119. Frazier v. Penraat, NYLJ, 12/27/2004, p. 20 (N.Y.C. Family Ct., N.Y. Co.) (dispute between former lesbian partners who have equal parenting time with their children. Where each parent has equal residential custodial time, child support should be allocated in such a way that the childrens’ standard of living is maintained at roughly what it was before the parents separated).

120. Gajda v. Manhattan and Bronx Surface Transit Operating Authority, 396 F.3d 187 (NY, Jan 21, 2005) (transit authority’s requirement for bus driver to disclose HIV-related laboratory tests were “consistent with business necessity” and thus permissible under Americans with Disabilities Act (ADA)).

121. Galicia v. Ashcroft, 396 F.3d 446 (1st Cir., Jan 27, 2005) (affirmed Board of Immigration Appeals decision denying asylum in the U.S. to a gay man from Guatemala).

122. Gallant v. United States, 392 F.Supp.2d 1077 (D.Alaka, Oct 5, 2005) (Alaska negligence law would not recognize any duty on the part of the Medical Center to segregate patients with HIV, since there is no evidence that it is transmissible via the plaintiff’s alleged circumstances).

123. Garcia ex rel. NP v. Barhart, 2005 WL 2033385 (E.D.Pa., Aug 22, 2005) (affirmed magistrate’s determination that an HIV+ girl is not disabled for purposes of federal social insurance law because her HIV infection was asymptomatic and well controlled).

124. Goins v. West Group, 635 N.W.2d 717 (Minn. 2001) (held that it did not violate a statutory prohibition on gender identity discrimination for an employer to exclude a transgender employee from using the restroom designated for her desired sex).

125. Goldsmith v. White, 357 F.Supp.2d 1336 (N.D. Fla., Feb 28, 2005) (plaintiff, an inmate, brought a federal civil rights action against correctional officer and other defendants, alleging discrimination based on sexual orientation. Plaintiff failed to mention this in a series of administrative grievances and appeals, as required by Prison Litigation Reform Act).

126. Goncalves, Joao Gilberto Jr., (Lesbian/Gay Law Notes, February, pg 15) (Associated Press) (federal prosecutor filed papers on Jan. 18, 2005 seeking an order that courts across Brazil perform marriages for same-sex partners).

127. Good News Employee Association v. Hicks, 2005 WL 351743 (Feb. 14, 2005) (defendant’s motion for summary judgment granted where a group of employees were challenging on First amendment grounds a decision by a supervisor to take down flyers promoting an anti-gay Christian employees group).

128. Goodridge v. Department of Public Health, 440 Mass. 309 (2003) (legalizes same-sex marriage under Mass. Constitution).

129. Gunn v. Mariners Church, Inc., 2005 WL 1253953 (not officially published) (May 27, 2005) (motion to dismiss reversed because appellate court unsure whether the “ministerial exception” from tort liability would apply in this case).

130. Grant v. Soloflex, Inc., 2005 WL 477995 (D.Or., Mar 1, 2005) (plaintiff’s claims of sexual harassment, tortious interference with contract and other claims survive defendant’s motion for summary judgment).

131. Gwin, Brenda, (Lesbian/Gay Law Notes, November 2005, pg 224) (Arizona Republic, Oct 31, 2005) (Arizona Medicaid program erred when it refused to pay for a liver transplant for an HIV+ patient diagnosed with end-stage liver disease).

132. Hadix v. Caruso, 2005 WL 2671289 (W.D.Mich., Oct 19, 2005) (HIV/AIDS infected prisoners succeed on claims that they received insufficient medical treatment).

133. Haladay v. Thurston County Fire Dist. No. 1, 2005 WL 3320861 (W.D.Wash., Dec 7, 2005) (sexual orientation discrimination is not actionable under Title VII).

134. Hall v. Baptist Memorial Health Care Corp., 215 F.3d 618 (6^th Cir. Tenn, 2000) (statutory exemptions from religious discrimination claims under Title VII cannot be waived by either party, even though church-affiliated college of health sciences represented itself as an equal opportunity employer and received federal funds. Religious organizations have a constitutional right to be free from government intervetion).

135. Hallock v. Kimmel, 2005 WL 2592026 (Cal.App. 4. Dist., Oct 14, 2005) (gay man who represented himself failed to present any evidence from which a damage award could be calculated even though jury awarded him a symbolic victory).

136. Halpern v. Attorney General of Canada, 172 O.A.C. 276 (Canada, 2003) (holding that Canadian Charter equality requirements compel allowing same-sex marriage).

137. Hammer, Christopher and Smelt, Arthur, (Lesbian/Gay Law Notes, February, pg 6) (Associated Press, Jan 27, 2005; Los Angeles Times, Jan 28, 2005) (residents of Orange County, CA filed suit in U.S. District Court seeking an order sriking down the federal Defense of Marriage Act).

138. Harper v. Vigilant Ins. Co., 433 F.3d 521 (7^th Cir., Ill, Dec 6, 2005) (affirmed a summary judgment motion against an HIV+ woman’s estate which sued a home owner’s insurance carrier alleging the site of infection was that particular home).

139. Harrison v. Attorney General of Canada, 2005 NBQB 232 (Canada, June 23, 2005) (same-sex couples in New Brunswick are entitled to get married).

140. Healy v. Spencer, 397 F.Supp.2d 269 (D.Mass., Nov 8, 2005) (gay man who is serving a life sentence for murder should receive a writ of habeus corpus because the state suppressed potentially exculpatory evidence at the time of his trial).

141. Hebel v. West, 803 N.Y.S.2d 242 (N.Y.A.D. 3 Dept. Oct 27, 2005) (mayor’s actions in performing same-sex marriages did not fall within the scope of official capacity)

142. Hedberg v. Detthow, No. 1789 (Md.Ct.Sp.App., June 13, 2005) (unpublished opinion) (held that gay man with primary custody of his son was able to seek a modification of a Virginia custody order that his same-sex partner was not allowed to reside with him and his son).

143. Hennefeld v. Township of Montclair 22 N.J.Tax 166 (N.J.Tax Ct., Mar 15, 2005) (registered domestic partners are entitled to be treated as spouses for purposes of local real property tax status).

144. Her Majesty the Queen v. Kouri, 2005 SCC 81 (Canada, Lesbian Gay Law Notes, January 2006, pg 10) (Supreme Court of Canada ruled that public morality is not a sufficient justification for criminal prosecution of the owner of an establishment that facilitated group sex activities).

145. Hernandez v. Robles, 7 Misc.3d 459 (N.Y. Sup. Feb. 4, 2005) (court ordered city clerk not to deny any couple a marriage license on the ground that the two people are of the same sex).

146. Hernandez v. Robles, 805 N.Y.S.2d 354 (N.Y.A.D. 1 Dept., Dec 8, 2005) (held that Domestic Relations Law provisions that did not permit same-sex marriage did not violated due process or equal protection provisions of New York Constitution).

147. Hernandez v. Univision Radio (Lesbian/Gay Law Notes, September, pg 178) (Associated Press, Aug 15, 2005) (man who was “outed” on nationally-trasmitted radio program received $270,000 for emotional injuries and loss of employment).

148. Hickman v. Laboratory Corporation of America Holdings, Inc., 2005 WL 2475733 (W.D.Va., Oct 6, 2005) (personal injury action against a laboratory that produced a false positive HIV+ test result should not be dismissed because the plaintiff suffered a physical injury that was not HIV infection. Plaintiff’s physical injury, emotional distress steming from the false positive result was sufficient).

149. Hicks v. City of Cleveland Heights, 162 Ohio App.3d 193 (Oh. App. Ct. 8th, Cuyahoga Ct., July 14, 2005) (domestic partnership registry survives a constitutional challenge).

150. Hillard v. Commonwealth of Kentucky, 158 S.W.3d 758 (KY. Feb. 17, 2005) (having minor place minor’s fist in defendant’s anus constituted sexual contact).

151. Hirte, Gary (Lesbian/Gay Law Notes, March, pg 17) (365gay.com, Feb 5, 2005) (state court rejected a “gay rage” defense theory, finding that 19-year-old Hirte was sane when he killed Glen Kopitske).

152. Hispanic Aids Forum v. Estate of Bruno, 16 A.D.3d 294 (App. Div. 1 Dept. March 29, 2005) (majority holds plaintiff-respondent association failed to state a cause of action for gender discrimination against its transgender client’s use of restrooms in the building, under New York State and New York City Human Rights Law. Dissent discusses and acknowledges plaintiff’s claim with particular detail in regards to arguments specific to transsexuals).

153. Hitchcock v. Atlantic Southeast Airlines, Inc., 2005 WL 2007136 (N.D. Miss., E.D., Aug 18, 2005) (defendant’s summary judgment motion denied in defamation and “malicious interference with employment” case brought where plaintiff was falsely called a homosexual).

154. Hobbs, Julie Ann, (Lesbian/Gay Law Notes, February, pg 11) (Houston Chronicle, Jan 27, 2005) (lesbian attempted to have courts void the adoption of her child by her former partner).

155. Hofmann v. Texas, 2005 WL 1583552 (TX. Ct. App., Jul 8, 2005) (held that penis and body fluids of an HIV+ man constitute “deadly weapons” within the meaning of “aggravated sexual assault of a child”).

156. Housing Works, Inc. v. Turner, 362 F.Supp.2d 434 (S.D.N.Y. Mar 30, 2005) (defendant’s motion for summary judgment quashed in case where plaintiff, an independent contractor, alleged First Amendment retaliation against New York City and its officials, over concerns regarding Mayor Giuliani’s HIV/AIDS policies).

157. Howard v. The Child Welfare Agency Review Board, Case No. CV 1999-9881

158. Hull v. Ford, 2005 WL 2086187 (S.D. Texas, Aug 29, 2005) (gay state prison inmate may proceed with claims against prison officials for mistreatment).

159. Human Rights Campaign (Lesbian/Gay Law Notes, March, pg 14) (Window Media Publications, Feb 11, 2005) (HRC plans to advocate several bills pending in Congress that would help gay families overcome disadvantages under the Social Security system, estate taxes, and various other situations where spouse are recognized under federal law).

160. Humphries v. Consolidated Grain and Barge Co., --- F.Supp.2d ----, 2005 WL 1367233 (S.D. Ohio, June 7, 2005) (summary judgment against heterosexual man alleging same-sex workplace discrimination).

161. Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston, 515 U.S. 557 (1995)

162. I.A.G. v. D.W., 2005 WL 1432744 (Cal. App. 2^nd Dist., June 21, 2006) (Lesbian co-parent was an “intended parent” for purposes of asserting legal parental rights, even though she has no other biological or legal relationship to the child).

163. Illinois (Lesbian/Gay Law Notes, February, pg 2) (Chicago Tribune, Jan. 24, 2004) (Illinois bans sexual orientation and gender identity discrimination).

164. In re Adoption of K.S.P., 804 N.E.2d 1253 (Ind. Ct. App. 2004) (same-sex domestic partner could adopt the biological children of her partner without divesting the partner of parental rights).

165. In re Austin W., 214 Ill.2d 31 (ruled that lower court erred when it ordered child to be removed from foster home and placed in custody of the boy’s maternal grandfather and step-grandmother. Fails to mention sexual orientation of lesbian foster parent who sought to adopt child, but reverses lower court order nonetheless and paves way for lesbian step-mother to adopt child).

166. In re Child of Kimberly Robinson, Docket No. FD-07-6312-05-A, (May 23, 2005) (lesbian co-parent, registered as domestic partners in New York City, entitled to have her name recorded on the birth certificate of the child born to her partner through donor insemination under New Jersey’s Domestic Partnership statute).

167. In re Clifford K., 217 W.Va. 625 (W.Va., Jun 17, 2005) (non-biological lesbian mother was awarded sole custody of her five-year-old son, reversing lower court order that awarded custody of the boy to his grandfather after the boy’s biological mother died).

168. In re Cooper, 187 A.D.2d 128 (N.Y. App. Div. 2nd Dept., 1983) (the survivor of a homosexual relationship alleged to be a spouse, but according to the court, was not entitled to a right of election against the decedent’s will).

169. In re Coordinating Proceeding, Special Title [Rule…, 2005 WL 583129 (Cal. Superior, Mar 14, 2005) (held that statutes limiting marriage to union between a man and a woman fail the rational basis test and thus violate state equal protection clause).

170. In re Dilling, 322 B.R. 353 (Bkrtcy. N.D. Ill, Feb. 25, 2005) (woman with AIDS sues parents of the person who infected her. Subsequently obtained a judgment, and moved to dismiss parents’ Chapter 11 case based on debtor’s alleged lack of good faith; motion dismissed).

171. In re E.C., 271 Ga.App. 133 (Ga. App., Dec 16, 2004) (there was no evidence that the children had been harmed by mother’s lesbian relationship with her partner).

172. In re Factor VIII or IX Concentrate Blood Products Litigation, 2005 WL 497782 (N.D. Ill., Mar 1, 2005) (court decertified a proposed class regarding pending litigation over the spread of HIV to hemophiliacs in other countries as a result of sale of non-heat0-treated blood products by U.S. manufacturers).

173. In re Flavio E., 2005 WL 1971001 (Cal. App., 5 Dist., Aug 17, 2005) (fifteen-year-old boy who inserted his fingers into the vagina of a sixteen-year-old girl should not have been ordered to submit to HIV testing).

174. In re Guardianship of Sophia S., 2005 WL 3471671 (Cal.App. 2 Dist., Dec 20, 2005) (a child’s biological grandmother lost the appeal of a decision awarding sole guardianship to the former lesbian partner of the child’s biological mother).

175. In re Jose Lovo-Lara, 23 I&N Dec. 746 (BIA 2005) (Interim Decision No. 3512), (The Board of Immigration Appeals approves a visa petition filed by a transgender woman on behalf of her male spouse from El Salvador based on North Carolina law).

176. In re Parentage of L.B., 122 P.3d 161 (Wash., Nov 3, 2005) (lesbian former partner of a woman has standing to sue for parental rights provided she establishes that she is a co-parent since Washington’s third-party visitation statute is unconstitutional).

177. In re Parsons, 914 S.W.2d 889 (Tenn. Ct. App. 1995) (parent’s sexual orientation alone is not evidence of any adverse effect to child in custody decision).

178. In re R.W. Heilig, 806 A.2d 68 (Ct. App. MD, 2003) (person born female in PA moved to MD, established residence there and applied for a declaration of change of sex. Court held that to deny such a petition would raise constitutional issues).

179. In re Rhone-Poulenc Rorer Inc., 51 F3d 1293 (7th Cir., 1995) (court decertified a proposed class of U.S. resident plaintiffs from many parts of the country suing the blood products manufacturers).

180. In the Interest of K.N., a Child, 272 Ga.App. 45 (Ct. App. Georgia, Mar 8, 2005) (affirmed trial courts finding that a mother who was mildly retarded, functionally illiterate and impoverished, and unable to manage her own HIV disease, should be deprived of parental rights).

181. In the Matter of the Recall of James E. West, 121 P.3d 1190 (WA, Oct 26, 2005) (judge acted within his authority when he determined charge that mayor allegedly offered an internship in order to pursue a sexual relationship. Recall peition was factually and legally sufficient to justify recall).

182. In re Parentage of L.B., 122 P.3d 161 (Wa., Nov 3, 2005) (former lesbian partner of mother lacked standing under third party visitation statutes).

183. Inzitari v. Warden Cheshire, 2005 WL 2009573 (Conn. Super. Ct., Jul 28, 2005) (unpublished) (public defender to gay arson defendant did not give ineffective assistance, rather she made a strategic decision not to raise issue of homosexuality).

184. J.W. v. B.B., 700 N.W.2d 277 (Wis.App., May 26, 2005) (held that information concerning physician’s sexual orientation was not discoverable concerning claims that physician was negligent in conducting digital-rectal exams and lack of informed consent).

185. Jakobe v. Jakobe, 2005 WL 503124 (Tes. Ct. App., Ft. Worth., Mar 3, 2005) (court upheld an order of protection sought by ex-wife of an HIV+ prisoner).

186. Jespersen v. Harrah’s Operating Company, Inc., 392 F.3d 1076 (Nevada, Dec 28, 2004) (female bartender at casino sued for sex discrimination under Title VII, but failed to establish that grooming policy imposed greater burden on female bartenders than on male bartenders).

187. Johnson v. Burlington Northern and Santa Fe Railroad Co., 2005 WL 1868311 (D. Minn., Aug 8, 2005) (held that repeated misconduct was not singling out plaintiff due to his sex in hostile environment sexual harassment claim).

188. Johnson v. New York State Insurance Fund, 2005 WL 1538193 (S.D.N.Y., June 29, 2005) (plaintiff failed to supply the necessary allegations to sustain a gender-stereotyping claim, under Title VII).

189. Johnson v. Shoney’s Inc., 2005 WL 2007236 (M.D. Ga., Aug 18, 2005) (at-will employee loses common law wrongful discharge claim, fails to exhaust administrative remedies to preserve a Title VII claim).

190. Jones v. Jones, 884 A.2d 915 (Pa. Super., Sept. 30, 2005) (held that non-biological mother of children produced clear and convincing evidence that grant of primary child custody to her rather than biological mother would be better for children).

191. K.M. v. E.G., 37 Cal.4^th 130 (CA, Aug 22, 2005) (child can have two parents of the same sex).

192. Kantaras, Michael, (Lesbian/Gay Law Notes, Summer, pg 151) (NCLR Press Release, June 10, 2005) (Transgendered male in Florida reaches a settlement regarding custody of his two children with his “former wife.” Their marriage was found invalid by the Florida Court of Appeals. He will share custody and retains all of his parental rights and responsibilities).

193. Karen P. v. Christopher J.B., 163 Md.App. 250 (MD Ct. Sp. App., July 11, 2005) (man who was not related biologically or by adoption to a child born to his wife during the marriage should be awarded custody of the child on the basis of their established parent-child relationship and the extraordinary circumstances under which the case arose).

194. Karouni v. Gonzales, 399 F.3d 1163 (9^th Circuit, March 7, 2005) (alien from Lebanon, a homosexual with AIDS, was granted asylum).

195. Kay v. Independence Blue Cross, 142 Fed.Appx. 48 (3rd Cir., Jul 19, 2005) (unpublished) (because the factual allegations were premised on perceived sexual orientation rather than gender non-conformity, court rejects same-sex harassment claim)

196. Kaye v. Kaye, 6 Misc.3d 1005(A) (Sup. Ct., N.Y. Co., Jan 5, 2005) (gay man’s sexual orientation was relevant in determination of property distribution in divorce proceeding).

197. Keenhold, Corporal Troy, (Lesbian/Gay Law Notes, February, pg 11) (Allentown Morning Call, Jan 6, 2005) (town settles sexual orientation discrimination claim by former policeman).

198. Kimberly R. v. Superior Court, 2005 WL 419351 (CA 5th Dist Ct. of App., Feb 23, 2005) (held that trial judge had denied custody to a lesbian mother due to an “unsubstantiated belief” that her children would be harmed by living with her and her partner).

199. Kimumwe v. Gonzales, 431 F.3d 319 (8^th Cir., Dec 13, 2005) (man from Zimbabwe petitioned for review of the denial of his application for asylum, withholding of removal and protection under the Convention Against Torture. Petition denied).

200. King v. S.B., 837 N.E.2d 965 (Indiana, Nov 23, 2005) (lesbian co-parent can sue for custody; parental rights).

201. Knight v. Superior Court, 26 Cal.App.4th 14 (Court of Appeal, Third District, California, April 4, 2005) review denied, June 29, 2005 (domestic partnership statute did not amend a voter initiative limiting marriage to a relationship between a man and a woman and furthermore, the domestic partnership statute was not legislative creation of same-sex marriage, since domestic partnerships differed significantly).

202. Koebke v. Bernardo Heights Country Club, 36 Cal. 4th 824 (CA, Aug 1, 2005) (because domestic partnership statute says that registered partners are to be treated equal to spouses, discrimination between legally married couples and registered domestic partners was statutorily prohibited).

203. Kristine H. v. Lisa R., 37 Cal.4^th 156 (CA, Aug 23. 2005) (lesbian parent was estopped from preventing former partner in having a parental role where they were both parties to a stipulated judgment procedure, establishing that the partner was a co-parent)

204. Kumho Tire Co., Ltc. V. Carmichael, 526 U.S. 137 (1999) (suggests courts should play a significant gatekeeper role to ensure that all expert testimony is both relevant and reliable, and where purportedly based on specialized expertise, is actually soundly based and not merely unsupported opinion).

205. L.A.M. v. B.M., 906 So.2d 942 (Dec 10, 2004) (mother‘s lesbian relationship in part supported a finding changing child custody from mother to father).

206. L.W. ex rel. L.G. v. Toms River Regional Schools Board of Education, 381 N.J.Super. 465 (N.J.Super. A.D., Dec 7, 2005) (court recognized a student’s cause of action against a school district for “harassment that is based on an individual’s affectional or sexual orientation” by the student’s peers under the state Law Against Discrimination [LAD]).

207. Labaye v. Her Majesty the Queen, 2005 SCC 80 (Canada, Lesbian Gay Law Notes, January 2006, pg 10) (Supreme Court of Canada ruled that public morality is not a sufficient justification for criminal prosecution of the owner of an establishment that facilitated group sex activities).

208. LaMarche v. Miles, L & T Index No. 078102/04 (NYLJ, Nov 11, 2005) (same-sex couple did not need to meet all the items on a rigid checklist regarding succession case, same-sex partner held to be surviving family member of the deceased).

209. Landsowne Borough Council, (Lesbian/Gay Law Notes, January, pg 16) (Philadelphia Inquirer, Dec 30, 2004) (council passes resolution committing itself to a policy of non-discrimination on basis of sexual orientation).

210. Lane v. Albanese, (MA, Mar 18, 2005) (out of state couples cannot legally marry in Massachusetts if their marriage would not be valid in their home state).

211. Langam v. St. Vincent’s Hosp. Of New York, 802 N.Y.S.2d 476 (N.Y.A.D. 2 Dept., Oct 11, 2005) (surviving partner of same-sex civil union could not bring wrongful death action, and this did not violate the Equal Protection Clause).

212. Lavack v. Owen’s World Wide Enterprise Network, Inc., --- F.Supp.2d ----, 2005 WL 2417441 (E.D.Mich., Sept 29, 2005) (employer’s motion for summary judgment granted because employee failed to establish sufficiently severe conduct to meet the high standard for a Title VII sex discrimination case).

213. Lawrence v. Texas, 539 U.S. 558 (2003) (Texas law penalizing sodomy between same-sex adult partners in private violates liberty interest protected by Due Process Clause).

214. Lee v. Nelson’s Markets, Inc., 2005 WL 1545382 (Minn. Ct. App., July 5, 2005) (decision by senior unemployment review judge to deny benefits to a woman whose discharge by a retail store was due to a homophobic remark she made to a customer was sustained).

215. Levin v. New York City Commission on Human Rights, 12 A.D.3d 328 (N.Y. App. Div. 1st Dept., Nov 30, 2004) (commission’s determination that there was no probable cause to believe that cooperative discriminated against tenant on basis of sexual orientation was rationally based).

216. Lewis v. City of Los Angeles, 2005 WL 2789086 (Cal. App. 2. Dist., Oct 27, 2005) (upheld dismissal of claims of violation of civil rights and false arrest brought by a man who was accused of murdering two gay men in their apartments in criminal case).

217. Lewis v. Hill, 2005 WL 292748 (S.D.N.Y., Feb 8, 2005) (plaintiff’s Title VII and ADA claims were insufficient to survive summary judgment motion, and judge declined to exercise jurisdiction over pendant state law claims).

218. Leung, William Roy, (Lesbian/Gay Law Notes, January. pg 16-17) (South China Morning Post, Dec 30, 2004) (Leung has filed legal challenge in the High Court of Hong Kong challenging a provision of the Crimes Statute that makes gay sex illegal for those under age 21 but allows heterosexuals to have sex beginning at age 16).

219. Li v. State of Oregon, 338 Or. 376 (Or. April 14, 2005) (marriage in Oregon was limited to opposite-sex couples by law and the county that gave these same-sex couples marriage licenses had no authority to do so).

220. Legrand v. Area Resources for Community and Human Servs., 394 F.3d 1098 (8^th Cir., Jan 20, 2005) (employee failed to establish prima facie case of sexual harassment against employer under Title VII and Missouri Human Rights Act (MHRA)).

221. Lennon v. Charney, 797 N.Y.S.2d 891, (N.Y.Sup., Jun 14, 2005) (held that derivative loss-of-consortium claim could not be maintained based on status as registered domestic partner).

222. Lewis v. Harris, 875 A2d 259 (N.J. Super.A.D., June 14, 2005) (under the New Jersey Constitution, the right to marry is a fundamental right extended only to marriages between members of the opposite sex and this did not violate equal protection.)

223. Little v. Wuerl, 929 F.2d 944 (3d. Cir., 1991) (Title VII did not apply to Catholic school’s decision not to rehire non-Catholic teacher because of her remarriage. Application of Title VII to school’s decision would violate free exercise clause and establishment clause of First Amendment).

224. Lockyer, Bill (Lesbian/Gay Law Notes, Summer, pg 144) (Attorney General filed a petition with the California Supreme Court directly appealing San Francisco Superior Court Judge Richard Kramer’s ruling in favor of same-sex marriage).

225. Loebel v. American Airlines, 400 F.3d 702 (9th Cir., Mar 4, 2005) (held the ADA requires that applicants should not have to disclose HIV status until after they know that they are considered otherwise qualified for the job by their employer).

226. Lofton v. Sec’y of the Dep’t of Children and Family Servs., 358 F.3d 804 (11^th Cir., Jan. 28, 2004), pet. for en banc rev. denied, 377 F.3d 1275 (11^th Cir., July 21, 2004), certiorari denied, 125 S.Ct. 869 (Jan. 10, 2005) (state law ban on homosexuals adopting children does not violate the constitutional rights of lesbians and gay men).

227. Lofton v. Sec’y of the Dep’t of Children and Family Servs., 125 S.Ct. 869 (January 10, 2005) (motion of Child Welfare Leage of America for leave to file as amicus curiae granted. Petition of writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied).

228. Logan v. Salvation Army, 10 Misc.3d 756 (N.Y. Sup., Nov 16, 2005) (religious organization was not exempted from state and city anti-discrimination laws, but conduct was not barred retroactively).

229. Long & Foster (Lesbian/Gay Law Notes, September, pg 181) (Richmond Times, Aug 24, 2005) (real estate firm violated non-discrimination ordinance when it sold a home to a married couple rather than a gay man who had offered a higher bid).

230. Loomis v. United States, 68 Fed.Cl. 503 (Fed. Cl., Nov 7, 2005) (army officer violated “Don’t Ask, Don’t Tell” policy and his rights were not subsequently violated. Also, DADT policy is not unconstitutional).

231. Lovell v. Comsewogue School District, 2005 WL 1398102 (E.D.N.Y., June 15, 2005) (held that school teacher successfully alleged sexual orientation discrimination, thereby defeating defendant’s summary judgment motion that principal and other school officials acted reasonably under the circumstances).

232. Lown v. The Salvation Army, Inc., 393 F.Supp.2d 223 (S.D.N.Y., Sept 30, 2005) (private not-for-profit corporation engaged in social services did not violate free exercise of religion rights, under New York Constitution, when it required employees to advance its religious objectives. Exemption from state employment discrimination statute when religious organization takes action to promote religious principles applied, and precluded suit by former employees challenging requirement that employees advance organization’s religious objectives).

233. Loya-Loya v. Gonzales, 153 Fed.Appx. 441 (9^th Cir., Nov 10, 2005) (court holds that BIA abused its discretion when it failed to address alien’s evidence and arguments regarding treatment of homosexuals in Mexico).

234. Lupolianski, Mayor Uri, (Lesbian/Gay Law Notes, February, pg 16) (Jerusalem Post, Jan 18, 2005) (mayor denied rumors that he was working behind the scenes to prevent the World Pride Parade from taking place in Jerusalem in August).

235. M.T. v. J.T. 355 A.2d 204 (N.J. App. Div. 1976) (recognizes the marriage of a post-operative transsexual).

236. Magnus v. Department of Professional Regulation, 359 Ill.App.3d 773 (Ill.App. 1st Dist., Jul 29, 2005) (reversed state agency determination that psychologist exhibited professional incompetence in counseling male teenage sex offender to have sex with other underage boys).

237. Maine (Lesbian/Gay Law Notes, Summer, pg 143) (Bangor Daily News, June 8; PlanetOut Network, June 9) (a proposed constitutional amendment to ban same-sex marriages fell short of the two-thirds majority necessary to progress toward ratification).

238. Majewski v. Bridgeport Board of Education, 2005 WL 469135 (Conn. Super. Ct., Jan 20, 2005) (defendant school district’s motion to strike all three counts of plaintiff lesbian’s hostile environment, sexual harassment, retaliation and intentional infliction of emotional distress claim granted).

239. Marcavage v. Rendell, 888 A.2d 940 (Pa.Cmwlth., Dec 22, 2005) (ethnic intimidation statute survives preliminary objections).

240. Marcisz v. City of New Haven, 2005 WL 1475329 (D. Conn., June 22, 2005) (defendants’ motion to dismiss sexual orientation discrimination claim denied).

241. Mariga v. Flint, 822 N.E.2d 620 (Ind. Ct. App. 2005) (same-sex co-parent who adopted children continues to have parental support obligation after termination of relationship with custodial mother).

242. Marriage Cases, No. 4365, 2005 WL 583129 (San. Francisco. Sup. Ct. CA, Mar 14, 2005) (held that excluding same-sex couples from the right to marry violates the California Constitution).

243. Martin v. Sizemore, 2005 WL 1491210 (E.D. Ky., June 22, 2005) (inmate can maintain an action for deliberate indifference to serious medical needs based on his allegation that he and 18 other prisoners were housed in a small cell with a “full-blown AIDS” patient).

244. Martin v. Ziherl, 607 S.E.2d 367 (Va. Jan 14, 2005) (fornication law is unconstitutional in light of Lawrence v. Texas, and may not be relied upon defensively in a torts suit where one issue is whether the underlying sexual conduct was unlawful).

245. Martinez v. Kulongoski, 2005 WL 3047355 (Nov 4, 2005) (gay rights organization loses on challenges to the constitutionality of a voter passed ban on same-sex marriages).

246. McCall, Fay (Lesbian/Gay Law Notes, Jun, 2005) (Denver Post, May 22, 2005) (Fay McCall claims she was rejected for a job by the Social Security Administration because the local agency considers her to be “married” to her domestic partner, an agency employee. She subsequently filed an administrative complaint).

247. McConnell v. Nooner, 547 F.2d 54 (9th Cir., 1976) (ruled that plaintiffs could not marry under Minnesota law and their marriage was not valid).

248. McConnell v. United States, Civ. No. 04-2711 (JNE/JGL) (D. Minn.) (Lawsuit seeking to compel the Internal Revenue Service (IRS) to recommend plaintiff’s same-sex marriage dismissed).

249. McCown v. St. John’s Health Sys., Inc., 349 F.3d 540 (8th Cir., 2003) (where harasser’s conduct was motivated by sexual desire).

250. McCullough, Richard (Lesbian/Gay Law Notes, April, pg 15) (Associated Press, Mar 4, 2005) (defendant pled guilty to aggravated murder of a young lesbian, Sakia Gunn).

251. McGrath v. Toys “R” Us, Inc., 409 F.3d 513 (2d Cir., June 2, 2005) (victims of anti-transgender discrimination awarded nominal damages may be entitled to an attorney’s fee award under application of “public purpose exception”).

252. McLemore v. McLemore, 762 So.2d 316 (Miss. 2000) (court ruled that Chancellor Thomas Zebert had “committed manifest error in ordering the defendant to attend church and to be responsible for the children’s attendance at church”).

253. Medina v. Income Support Div., New Mexico, 413 F.3d 1131 (C.A.10 N.M., Jun 28, 2005) (petitioner’s Title VII Claim dismissed because it did not involve actionable sex discrimination and there was no adverse employment action).

254. Mehrhoff v. William Floyd Union Free School District, 2005 WL 2077292 (E.D.N.Y., Aug 22, 2005) (lesbian public school teacher loses sex, age and sexual orientation discrimination claims because allegations are insufficient to put defendants on notice).

255. Melendez v. Strong Memorial Hospital, (Lesbian/Gay Law Notes, September 2005, pg 188) (hospital was not entitled to summary judgment against a state prisoner suing for emotional distress stemming from a prison guard’s disclosure of his HIV status).

256. Melendez v. Wing, 797 N.Y.S.2d 54 (N.Y.A.D. 1 Dept., Jun 16, 2005) (Held that state agency incorrectly calculated HIV positive petitioner’s public assistance benefits by including daughter’s SSI benefits, and thus reducing the total benefits to HIV positive petitioner).

257. Melo v. Barnett, 157 S.W.3d 596 (Ky. March 17, 2005) (statute – Kentucky Workers’ Compensation Act - required employer to know employee’s pertinent medical information. Therefore, employee-patient consented to disclosure of his HIV status as a condition of receiving benfits.

258. MIFarrar v. Hobby, 506 U.S. 103, 115 (1992) (held that when a plaintiff only recovers nominal damages, attorney’s fees are not justified).

259. Miller v. Edward Jones & Co., 355 F.Supp.2d 629 (D. Conn., Jan 25, 2005) (terminated employee alleged discrimination and retaliation in violation of Title VII where the fact that male supervisor was homosexual did not preclude finding that his alleged harassing comments were because of female employee’s sex).

260. Minister of Home Affairs v. Fourie, Case CCT 60/04 (Africa, Dec 1, 2005) (the continued exclusion of same-sex couples from being able to marry violated two provisions of the South African Constitution – the requirement of equality before the law and the ban on sexual orientation discrimination by the government).

261. Molathwa v. Ashcroft, 390 F.3d 551 (8th Cir., Dec 2, 2004) (alien from Botswana failed to prove he would be subject to persecution because of his sexual orientation if he was removed to Botswana).

262. Morrison v. Board of Education of Boyd County, Kentucky, Civ. Action NO. 05-38-DLB (E.D.Ky, filed July 6, 2005) (ACLU seeks to reopen lawsuit where school district allowed a large portion of the student body to forego a court order that they participate in gay-sensitivity training).

263. Morrison v. Sadler, 821 N.E.2d 15 (Ind. App., Jan 20 2005) (Indiana’s Defense of Marriage Act (DOMA) did not violate State Constitution).

264. Muth v. Frank, 412 F.3d 808 (C.A.7th Wis., Jun 22 2005) (No clearly established federal law supported a claim that petitioner had fundamental right ot engage in incest with another consenting adult free from governmental intervention.)

265. Myers v. Thornsberry, Case No. 05-5042 (U.S.Dist.Ct., W.D. Mo., June 23, 2005) (high school agreed to stop censoring a student who had been punished by school authorities for wearing t-shirts supporting gay rights).

266. Mr. N (Irish Independent, Ireland, Aug 3) (Lesbian/Gay Law Notes, September 2005, pg 188) (temporary order in favor of a South African man to forestall his deporation because he claims person with HIV suffer open discrimination and lack of appropriate treatment).

267. National Pride at Work, Inc. v. Granholm, (Lesbian/Gay Law Notes, April, pg 13) (Detroit Free Press, Mar 22, 2005) (ACLU seeks declaration that amendment does not prevent public employers from providing employee benefits, including health insurance, to same-sex partners of their employees).

268. National Pride at Work, Inc., v. Granholm, No. 05-368-CV (Lesbian/Gay Law Notes, November 2005, pg 221) (365Gay.com, Oct 31, 2005) (ruling that anti-gay marriage amendment Michigan voters added to their state constitution last year does not ban domestic partnership health benefits for public employees in the state is stayed by the Michigan Court of Appeals pending an appeal filed by the Attorney General).

269. New York City Human Rights Commission (Lesbian/Gay Law Notes, January, pg 15-16) (commission released written guidelines to implement Local Law 3 of 2002, amending city’s Administrative Code provisions on discrimination to broaden definition of “gender” that encompasses gender diversity).

270. New York County Lawyers Association, (Lesbian/Gay Law Notes, February, pg 14) (New York Law Journal) (report titled “Making Progress: How New York’s Top 24 Law Firms Address Issues of Concern to the Lesbian, Gay, Bisexual and Transgender (LGBT) Community” available).

271. New York Medical College, (Lesbian/Gay Law Notes, February, pg 13) (Journal News, White Plains, N.Y., Dec 29, 2004; NY Times, Jan 9, 2005) (school orders Lesbian Gay Bisexual and Transgender People support group to disband and not meet on campus).

272. New York Medical College, (Lesbian/Gay Law Notes, April, pg 15) (New York Times, Mar 31, 2005) (The Westchester County Human Rights Commission has determined that it lacks jurisdiction over a discrimination complaint by gay students from New York Medical College, for refusal of the school to grant official recognition to the LGBT People in Medicine Group).

273. New York State Bar Association, (Lesbian/Gay Law Notes, January, pg 12) (www.nysba.org) (committee report evaluating the legal and policy issues presented by same-sex couples and recommendations to the Association’s House of Delegates).

274. New Zealand Parliament, (Lesbian/Gay Law Notes, January, pg 17) (TVNZ, New Zealand, Dec 9, 2004) (the Parliament approved a civil union bill in a 65-55 vote on Dec 9, 2004).

275. Neuberger v. Barron (Lesbian/Gay Law Notes, April, pg 15) (NYLJ, Mar 30, 2005, p. 22)(man who found sex became painful about six months after he underwent penile enlargement surgery may sue his surgeon for malpractice).

276. Nike v. Ashcroft, 2005 U.S. Dist. LEXIS 15364 (S.D.N.Y., Jul 25, 2005) (photographer of sexually-oriented subjects loses constitutional challenge to federal Communications Decency Act).

277. Nixon v. Northern Local School District Board of Education, 383 F.Supp.2d 965 (S.D. Ohio, Aug 18, 2005) (rural school district violated the First Amendment rights of 7^th grader when authorities required him to remove t-shirt that said “Homosexuality is a sin…”)

278. North Carolina, (Lesbian/Gay Law Notes, March, pg 13) (News & Observer, NC, Mar 1, 2005) (religious fraternity alleged its constitutional rights are violated by the school’s application of its non-discrimination policy to deny official recognition to the group. Fraternity seeks to exclude people based on religion and sexual orientation).

279. North Coast Women’s Care Medical Group, Inc., v. Superior Court, 37 Cal.Rptr.3d 20 (Dec 2, 2005) (court rejected doctors’ religious freedom defense against a charge of sexual orientation discrimination in the provision of medical care).

280. North Dakota Family Alliance v. Bader, 361 F.Supp.2d 1021 (Dis. No. Dakota., Mar 21, 2005) (held that code of judicial ethics adopted by the state could not be used to prevent state court judges or judicial candidates standing for election from answering questions about their political views).

281. Novara v. Cantor Fitzgerald, 20 A.D.3d 103 (N.Y.A.D. 3 Dept., May 5, 2005) (Worker’s Compensation Law providing means for surviving same-sex partners of September 11^th victims to receive death benefits survived rational basis test).

282. Ogle v. Hocker, 2005 WL 1349111 (E.D. Mich, Mar. 11, 2005) (summary judgment against an international evangelist alleging gay defamation claim).

283. Oliphant v. Barnhart, 2005 WL 1971880 (E.D. Pa., Aug 11, 2005) (Because an Administrative Law Judge ignored relevant medical evidence of an HIV+ applicant for social security benefits, case denial of benefits reversed and case remanded for further consideration).

284. Olsen v. Powell, No. 02-1371 (Dist. D.C., Feb 3, 2005) (Foreign Service Grievance Board erred in failing to take into account evidence of homophobia by supervisors directed at gay foreign service officer).

285. Ordonez, Cristina Gomez (Lesbian/Gay Law Notes, September, pg 179) (PlanetOut Networks, Aug 5, 2005) (HIV+, transgendered woman’s deportation to Honduras was stayed, finding she would be in physical jeopardy, if returned).

286. Ovadal v. City of Madison, 416 F.3d 531 (7th Cir., Jul 19, 2005) (summary judgment against minister asserting First Amendment rights was vacated. He bore a sign saying “Homosexuality is a sin!” and was subsequently removed by police).

287. Ovadal v. City of Madison, 401 F.Supp.2d 949 (W.D.Wis.) (summary judgment denied because there was a genuine issue of material fact when city police officials prohibited minister to hold a sign on a freeway overpass declaring “Homosexuality is a sin!”)

288. Paloma v. Trustees of Columbia University, 2005 WL 1683586 (S.D.N.Y., July 20, 2005) (rejects sex discrimination claims under Title VII because gay supervisor focused his attention on lesbians because they were also gay, not because they were women).

289. Pascrell III, William, (Lesbian/Gay Law Notes, January, pg 11-12) (Herald News, NJ, Dec 29. 2004) (county counsel member in favor of adopting a domestic partnership benefits plan for county employees in same-sex relationships).

290. Patin v. Administrators of Tulane Educational Fund, 907 So.2d 164 (La. App. 4 Cir., June 15, 2005) (defendant had no liability for the transmission of HIV stemming from a 1980 blood transfusion).

291. Pedroza v. Cintas Corp. No. 2, 397 F.3d 1063 (8^th Circuit (Mo), Feb 11, 2005) (instances of alleged same-sex harassment were not “based on sex” but rather, were behaviors “tinged with offensive sexual connotations,” and lack of malice or reckless indifference causes claim for punitive damages to fail).

292. Pehle v. Farm Bureau Life Ins. Co., 397 F.3d 897 (10th Cir., Feb 9, 2005) (Applying Wyoming law, held that while a life insurance company which conducted HIV screening of applicants had no duty to provide test results to applicants who tested positive for HIV, it did have a duty to disclose to such individuals “information sufficient to cause a reasonable applicant to inquire further” about their HIV status).

293. People v. Barajas, 2004 WL 2988599 (Cal. App. 1st Dist., Dec. 28,. 2004) (defendant convicted of performing a lewd act on a child under the age of 14 years, appealed court order to submit to HIV testing. Appellate court struck order and remanded for a hearing to determine whether there was probable cause to believe that blood, semen or any other bodily fluid capable of transmitting HIV was transferred from the defendant to the victim).

294. People v. Buclatin Columna, 2005 WL 1060248 (Cal.App. 4 Dist., May 6, 2005) (petitioner argues that prosecutor’s failure to provide him with the handwritten notes of the victims taken immediately after events violated his federal and state due process rights. The petitioner, a marine, had “gay sex” parties with other marines and claimed the sex was consensual, but was ultimately charged with various sexual offenses).

295. People v. Chumbley, 10 Misc.3d 1051 (A) (N.Y.Co.Ct. Nov 18, 2005) (judge refused a suppression motion in case where lesbian allegedly murdered her domestic partner).

296. People v. DeLeon, 2005 WL 2404465 (Cal. App., 1 Dist., Sep 30, 2005) (sex offender ordered to submit to HIV testing without finding the statutory requirement that the offender must engage in conduct that could have transmitted HIV to the victim).

297. People v. De Vito, 2005 N.Y. Slip Op., 06536, 2005 WL 3488640 (N.Y. App. Div., 3rd Dept., Aug 25, 2005) (gay man’s conviction for child abuse reversed and new trial ordered where prosecuting attorney committed “egregious conduct”).

298. People v. Fuentes, 2005 WL 1331783 (Cal. App. 2nd Dist., Jun 7, 2005) (man convicted of “lewd acts upon a child” must submit to HIV testing even though the man was not charged with doing anything that could transmit HIV).

299. People v. Keith Adkins, 2005 WL 459562 (Cal. Ct. App., 6th Dist., Feb. 25, 2005) (defendant sentenced for continuous sexual abuse of a child under 15 years of age was ordered to submit to HIV testing. Defendant argued that the facts alleged did not include any conduct that could transmit HIV, so testing could not be ordered under CA law. Court held that oral copulation could theoretically transmit HIV through the defendant’s saliva coming into contact with the victim’s vagina).

300. People v. King, 2005 WL 2436396 (Cal. App. 3 Dist., Oct 4, 20050 (upheld consecutive sentences including life imprisonment without the possibility of parole in murder of an “openly homosexual man who used illicit drugs”).

301. People v. Loy, 2005 WL 668718 (Cal. Ct. App., 4th Dist., Mar 23, 2005) (defendant ordered to submit to HIV testing after a jury convicted him of committing a lewd and lascivious act).

302. People v. Myers, 2005 WL 1358958 (Cal. Ct. App. 3rd Dist., Jun 8, 2005) (HIV testing order qushed where case involved groping but no actual intercourse or kissing).

303. People v. Nickel, 14 A.D.3d 869 (Jan 20, 2005) (defendant, who was convicted of having sex with young boys, had his sentence reduced).

304. People v. Onofre, 51 N.Y.2d 476 (1980) (struck down New York sodomy statute).

305. People v. Roman, 2005 WL 3196737 (Cal.App. 2 Dist., Nov 30, 2005) (court found that HIV+ man convicted of kidnapping and committing various sexual offenses against one teenager and one young man).

306. People v. Sicairos, 2004 WL 2930912 (CA, Dec. 17, 2004) (claim that a child molestation defendant’s rights were violated by admission into evidence of gay magazines found in his possession rejected).

307. People v. Sintay, 2005 WL 2789322 (Cal. App. 2. Dist., Oct 27, 2005) (defendant in sexual misconduct case unsuccessfully argued that Lawrence made statute under which he was charged unconstitutional because the group punished by the statute consists of child molesters and not homosexuals engaging in consensual acts).

308. People v. Strain, 194 Ill.2d 467 (Ill., 2000) (defendant convicted of first degree murder appealed. Appellate court held that trial court’s voir dire questioning regarding gang bias did not reasonably guarantee that any bias against gangs would be discovered and defendant must be afforded opportunity to question prospective jurors concerning gang bias).

309. People v. Westgarth, 2005 WL 1540137 (C. A. 4th, July 1, 2005) (held that a “person who has committed sodomy with a minor is not similarly situated with a person who engages in sexual intercourse with a minor.” Based on this, the court found no equal protection requirement based on sexual orientation where sex offenders via sodomy must register in California, but sex offenders via “ordinary” sexual intercourse are not necessarily subject to the same restriction).

310. People v. Woodrum, 354 Ill.App.3d 629 (1st Dist., Div. 4, Ill., Dec 23, 2004) (trial court order requiring a criminal defendant convicted of attempting to abduct young children for sexual purposes be required to submit to HIV and genetic testing and his results be placed on file with the states was unauthorized by statute and invalid).

311. Philippines, (Lesbian/Gay Law Notes, January, pg 17) (Gulf News, Dec 5, 2004) (Marawi City in the autonomous region of Muslim Mindansao had imposed a ban on gay people, as well as on tight-fitting attire on women, in order to protect the sensibilities of devout Muslims).

312. Pippin v. Frank, 2005 WL 1378725 (W.D. Wisconsin, June 6, 2005) (prison inmate’s first amendment complaints are allowed).

313. Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992) (the privacy right in New York is protected by the case striking down the New York sodomy statute, People v. Onofre).

314. Poland, (Lesbian/Gay Law Notes, January, pg 17) (The Advocate, Dec 3, 2004) (the upper house of Poland’s parliament voted 38-23 in support of a bill that would give same-sex couples legal partnership rights).

315. Powell v. Bunn, 198 Or.App. 21 (Ct. App. OR., Mar 2, 2005) (affirmed lower court ruling that a school superintendent abused his discretion by rejecting a complaint from a parent about recruiting activities at her son’s school by the Boy Scouts of America).

316. Pickering v. Board of Ed of Township High School, 391 U.S. 563 (1968) (matter of legitimate public concern require enabling those with informed and definite opinions to speak out freely on such questions without fear of retaliatory dismissal).

317. Pierre v. Pierre, 898 So.2d 419 (La. App. 1st Cir., Dec 30, 2004) (transgendered father granted visitation; parental rights).

318. Pozos v. Gonzales, 141 Fed.Appx. 629 (9th Cir., Aug 10, 2005) (unpublished) (because applicant suffered abuse as a result of his perceived homosexuality in a range of contexts, the Immingration Judge should not have concluded that applicant would not face violence in Mexico).

319. Praylor v. Partridge, 2005 WL 1528690 (N.D. Texas, June 28, 2005) (prison inmate pled a sufficiently plausible discrimination claim to avoid summary judgment against him. Also held that exual orientation discrimination is unconstitutional unless there is some rational basis for it).

320. Praylor v. Texas Dept. Of Criminal Justice, 423 F.3d 524 (5th Cir., Aug 26, 2006) rehearing denied 430 F.3d 1208 (5^th Cir., Nov 15, 2005) (state prisoner denied hormone therapy, loses 8th amendment challenge).

321. Price Waterhouse v. Hopkins, 490 U.S. 228 (1989) (a woman was denied a partnership at an accounting firm because some of the other partners thought her conduct was insufficiently feminine to conform with their expectation s of a “lady partner.” Court held for plaintiff under “sexual stereotype” theory).

322. Raymen v. United Senior Association, Inc., 2005 WL 607916 (Dist. , Mar 16, 2005) (gay couple entitled to an injunction against a conservative political organization that was using their photograph without authorization in an advertisement attacking the American Association of Retired Persons over its stand on President Bush’s proposed changes in the Social Security program).

323. Reilly v. Transport Workers Union, NYLJ, 1/02/2004 (N.Y. Sup. Ct., N.Y.Co.)

324. Republican Party of Minnesota v. White, 536 U.S. 765 (2002)

325. Rhea v. Dollar Tree Stores, Inc., 2005 WL 2600213 (W.D.Tenn., Oct 12, 2005) (gender-stereotyping/gender-nonconforming theory successful in sex discrimiation claim; defendant’s motion for summary judgment denied).

326. Rich v. McDonald’s Corp. (Lesbian/Gay Law Notes, Summer, pg 156) (Associated Press Report, July 8, 2005) (HIV+ gay man won his second discrimination trial when McDonald’s had unlawfully pressured him to resign due to his HIV status. He was awarded damages of $490,000).

327. Richards v. United States Tennis Association, 93 Misc.2d 713 (N.Y.Sup.Ct., N.Y.Co. 1977) (court ruled it unlawful discrimination based on sex to require plaintiff to take a chromosome test to prove she was a female in order to compete as a woman at the U.S. Open at Forest Hills).

328. Richardson v. Easterlin, 878 A.2d 1212 (D.C. Ct. App., Jul 14, 2005) (reinstates a petition for a civil protection order for gay man against his former “homosexual lover”).

329. Rico v. U.S. Atty. Gen., 154 Fed.Appx 875 (11^th Cir., Nov 18, 2005) (gay and HIV+ Colombian man’s asylum petition denied when Court held that substantial evidence supported adverse credibility determination).

330. Rios v. Metropolitan Transportation Authority, 6 Misc.3d 1006(A) (N.Y. Supreme Ct., Richmond Co., Dec. 22, 2004) (refusal of public transit agency to extend benefits eligibility of registered same-sex domestic partner of its employee did not violate city or state civil rights laws banning sexual orientation discrimination).

331. Rodriguez v. Linens ‘N Things, 2005 WL 2598166 (Cal.App.2 Dis., Oct 14, 2005) (lesbian presented sufficient evidence to defeat summary judgment motion in sexual orientation discrimination and wrongful termination claims against former employer).

332. Romeo v. Seton Hall University, 378 N.J.Super. 384 (N.J.Super.A.D., Jun 22, 2005) (gay student’s action for violations of the Law Against Discrimination and breach of contract against private religious university was reversed based on LAD’s exemption for education facilities operated or maintained by a religious institution).

333. Rosal-Olavarrieta v. Gonzales, 134 Fed.Appx. 593 (June 20, 2005)(not precedential, unpublished) (3^rd circuit ruled that HIV+ petitioner’s claim of ineffective counsel could not stop an order to return petitioner to Venezuela).

334. Rosenberg v. Minister of Interior (Israel, Administrative Petition 2790/04, Dec 24, 2004) (same-sex couples enjoy the full protection of the institution of couples “known in public”).

335. Rosengarten v. Downes, 802 A.2d 170 (Conn. 2002) (court found that a Connecticut court would lack jurisdiction to dissolve a Vermont Civil Union between Connecticut residents).

336. Ruberg v. Outdoor World Corp., 2005 WL 3159070 (M.D.Pa., Nov 28, 2005) (HIV discrimination pro se complaint survives dismissal, court holds that Title VII had nothing to do with the case).

337. S.A.S. v. Hibbing Public Schools, 2005 WL 2806261 (D.Minn., Oct 26, 2005) (summary judgment granted for defendant school in sexual harassment claim by a high school student who was perceived to be gay).

338. Safadi v. Gonzales, 148 Fed.Appx. 372 (C.A.6, Aug 9, 2005) (petition for asylum of a citizen of Jordan denied because he was not credible as to his claim that he was homosexual).

339. Salkeld v. Gonzales, 420 F.3d 804 (8th Cir., Aug 25, 2005) (applicant seeking asylum failed to meet his burden that he would encounter persecution if he returned to Peru).

340. Same-Sex Marriage, Re, 2004 SCC 79, 2004 CarswellNat 4422 (Supreme Court of Canada, Dec. 9, 2004) (court responds to questions posed by the government concerning a same-sex marriage bill. Court concludes that bill is within Parliament’s legislative powers, with the exception of provision shielding religious organizations from performing marriages, which is a subject solely of provincial jurisdiction. However, the court says that under the Charter of Rights and Freedoms, religious organizations could not be compelled to perform any marriages inconsistent with their religious precepts. Court refuses to answer the question whether the Charter requires the government to open up marriage to same-sex partners, on the ground that government never directly appealed decisions so holding).

341. Samuels & Gallagher v. New York Department of Health, Index No. 1967-04, Dec 7, 2004

342. San Diego, (Lesbian/Gay Law Notes, Summer, pg 151) (San Diego Union-Tribune) (a jury rendered a verdict against Poway High School administrators who were charged by failing to take action to end homophobic harassment against the plaintiffs while they were attending the school. The jury awarded damages of $300,000 to the two plaintiffs).

343. Santiago, Lordes (Lesbian/Gay Law Notes, January, pg 14) (Gay City News, Dec 23, 2004) (judge rules that discriminatory conduct affecting housing rights could be covered by the law. Plaintiffs subsequently survive a motion to dismiss their complaint against fire department under N.J. human rights law for harassing them into moving from their home across the street from a fire house).

344. Schwarz, Elise (Lesbian/Gay Law Notes, January, pg 13) (Immigration Equality, Dec 6, 2004) (gay man from Nigeria won asylum before Board of Immigration Appeals)

345. Service Employees International Unionn Health and Welfare Fund v. Abbott Laboartories, 2005 WL 528323 (N.D. Cal., Mar 2, 2005) (defendant manufacturer of HIV medication’s motion to dismiss denied in case alleging violation of the Sherman act and state competition laws).

346. Seymour v. Holcomb, 790 N.Y.S.2d 858 (Supreme Court, Tompkins County, Feb 23, 2005) (held that state law permits only heterosexual marriage, and this limitation does not violate plaintiffs’ constitutional rights).

347. Shafer v. Kal Kan Foods, Inc., 417 F.3d 669 (7th Cir., Aug 1, 2005) (plaintiff loses on sex discrimination claim under Title VII because co-worker’s misconduct was not imputable to company and the alleged events were not sufficiently egregious).

348. Sheridan v. Sheridan, 2005 WL 3008911 (Ohio App. 6 Dist., Nov 10, 2005) (in custody and child support case, father was precluded from making lesbian mother’s lifestyle an issue).

349. Simmons v. Johnson, 2005 WL 2671537 (W.D. Va., Oct 20, 2005) (judge refused to dismiss a 42 U.S.C. sec 1983 claim brought by mother and administrator of estate of a state prisoner who committed suicide under the mistaken belief that he was HIV+. Also, sufficient evidence to state civil rights, conspiracy and medical malpractice claims).

350. Simmons v. Simmons, 355 Ill.App.3d 942 (App. Ct. of Ill. 1st Dist., Feb 16, 2005) (transsexual father’s marriage was void ab initio and thus he had no right to seek custody of the child conceived through donor insemination during that marriage).

351. Singson v. Commonwealth, 46 Va.App. 724 (Va., Nov 8, 2005) (Virginia’s crimes against nature statute prohbiting oral sodomy did not violate defendant’s due process rights because he solicited oral sodomy in a public place).

352. Sisco v. Fabrication Technologies, Inc., 350 F.Supp.2d 932 (D. Wyo., Dec 22, 2004) (terminated employee alleging same-sex sexual harassment failed to state a cause of action under Title VII).

353. Slattery v. City of New York, 697 N.Y.S.2d 603 (N.Y.A.D., 1999) (challenge to city partnership law, which claimed that it exceeded the city council’s authority because it was, in effect, creating a form of marriage for same-sex couples, was defeated).

354. Smelt v. County of Orange, 374 F.Supp.2d 861 (C.D.Cal., Jun 16, 2005) (same-sex couple challenged constitutionality of California’s statutory prohibition on same-sex marriage; Pullman abstention was appropriate pending resolution of a consolidated proceeding in California state court. Court also ruled that plaintiffs lacked standing to challenge “full faith and credit” issue of DOMA, and that DOMA did not violate the fifth amendment of the U.S. Constitution).

355. Smith v. City of Salem, Ohio, 378 F.3d 566 (6th Cir., 2004) cert. denied 126 S.Ct. 624 (2005) (court upheld discrimination claim by a transgendered firefighter).

356. Snetsinger v. Montana University System, 325 Mont. 148 (Mont., Dec 30, 2004) (state university system’s policy of denying health insurance benefits to unmarried same-sex partners of public employees while granting benefits to unmarried opposite-sex couples was not rationally related to legitimate government interest, and violated equal protection).

357. Social Security Administration, (Lesbian/Gay Law Notes, January, pg. 12) Associated Press Report, Dec 20, 2004) (federal government will recognize opposite-sex couples who were married in Mulnomah County, Oregon and New Paltz, N.Y.).

358. Somers v. Budget Marketing, Inc., 667 F.2d 748 (8th Cir., 1982) (Ruled against discrimination claims be transgender plaintiff because Title VII discrimination did not apply to discrimination because of sexual orientation or transgender status).

359. Sontag, Susan, (Lesbian/Gay Law Notes, January, pg 16) (while many newspapers fail to mention that deceased was a lesbian, right-wing National Post does).

360. Sotelo v. Stewart, 2005 WL 2571606 (D.Ariz., Oct 11, 2005) (judge issues ridiculous ruling on summary judgment motion that “[h]omosexuals are not a protected class in the Ninth Circuit,” which is clearly erroneous in case where pro se state prisoner claims to have suffered sexual assaults, discrimination and death threats because he is an effeminate gay man and prison authorities refused to take reasonable steps to protect him).

361. Spain, (Lesbian/Gay Law Notes, January, pg 17) (Ft-Worth Star-Telegram, Dec 31, 2004) (Spain’s socialist government voted to approve a same-sex marriage bill on Dec. 31).

362. Spain, (Lesbian/Gay Law Notes, February, pg 16) (United Press International, Jan 27, 2005) (the socialist government has refused to back down from its proposal to enact marriage and adoption rights for same-sex couples, despite heavy pressure, including publicly expressed opposition by Pope John Paul II).

363. Stanley v. State of Illinois, 405 U.S. 645 (1972) (biological parent has constitutional rights with respect to parental status).

364. Stanley v. State of Georgia, 394 U.S. 557 (1969) (although obscene matter is not protected by the First Amendment, nonetheless adults have a protected right to possess and view obscene materials in the privacy of their homes).

365. Startzell v. City of Philadelphia, 2004 WL 2884210 (E.D. Pa., Dec 10, 2004) (abstention principles required denying a motion for preliminary injunctive relief against city officials who prosecute so-called “Christians” for refusing to comply with police officers trying to maintain order when the “Christians” were attempting to hold an anti-gay street demonstration principles).

366. State Division of Human Rights v. Dom’s Wholesale and Retail Center, Inc., 2005 N.Y.Slip Op 04131 (1st Dept., May 19, 2005)(State agency’s ruling that a man had been subjected to hostile environment sexual harassment in violation of the Human Rights Law’s ban on sex discrimination based on events that happened nearly a decade before the ban had been enacted).

367. State ex rel. Atlantic County Prosecutor v. City of Atlantic City, 879 A.2d 1206 (N.J.Super.A.D., Aug 16, 2005) (municipal ordinance which established needle exchange program conflicted with the criminal justice code that prohibited persons from using or assisting others in using controlled dangerous substances. Authorized municipal health officials distribute sterile hypodermic syringes to drug addicts for their use in injecting drugs).

368. State of California, (Lesbian/Gay Law Notes, February, pg 13) (Contra Costa Times, Jan 26, 2005) (Alameda County Supervisors approved a resolution prohibiting discrimination on the basis of gender identity in county jobs, services and facilities).

369. State of Iowa v. Short, 705 N.W.2d 105 (Ct App. Iowa, June 15, 2005) (gay man convicted of sexually abusing his twelve-year-old male friend may have suffered from deficient defense counsel when counsel failed to include defendant’s mother on the witness list).

370. State of Illinois. (Lesbian/Gay Law Notes, Summer, pg 149) (365Gay.com, July 8, 2005) (U.S. District Judge Blanche Manning, N.D. Ill., ordered that the Defense Department may not spend federal tax dollars in support of a national Boy Scout even that is held periodically at a Virginia military base).

371. State of Kansas v. Limon 122 P.3d 22 (Kan., Oct 21, 2005) (statute which punished sodomy between adults and children of the opposite sex more severely than sodomy between adults and children of the same sex violated equal protection provisions under Federal and State Constitutions).

372. State of Louisiana, (Lesbian/Gay Law Notes, February, pg 13) (365Gay.com, Jan 13, 2005) (executive order banning sexual orientation discrimination in the executive branch of the state government receives criticism from Republican legislators).

373. State of Louisiana v. Baxley, 633 So.2d 142, (La. Sup. Ct., ____) (the right of privacy had no application to a public solicitation to engage in “unnatural” sex acts).

374. State of Louisiana v. Thomas, 891 So.2d 1233 (La. Sup. Ct. Jan. 19, 2005) (law penalizing solicitation to engage in oral sex for compensation remains constitutional despite Lawrence v. Texas).

375. State of North Carolina v. Oakley, 605 S.E.2d 215 (N.C. Ct. App., Dec 7, 2004) (defendant police officer prosecuted and convicted for “sexual activity by a substitute parent.” Court observed that Lawrence does not protect sex between adults and minors).

376. State of North Carolina v. Pope, 608 S.E.2d 114 (Ct. App. NC, Feb 15, 2005) (female prostitute convicted under state’s “crime against nature statute,” because she indicated she would perform oral sex for pay. Statute was not unconstitutional despite Lawrence v. Texas).

377. State of Ohio v. Burk, 2005 WL 786212 (Ohio Com. Pl., Cuyahoga Co., March 23, 2005) (not officially published) (recently enacted state constitutional amendment banning same-sex marriages and precluding recognizing non-marital relationships as enjoying any of the “incidents” of marriage precludes court from applying domestic violence law to unmarried heterosexual couple).

378. State of Ohio v. Burk, --- N.E.2d ----, 2005 WL 3475812 (Ohio App. 8 Dist., Dec 20, 2005) (held that domestic violence statute covering unmarried co-habitants is constitutional despite constitutional amendment defining marriage).

379. State of Ohio v. Geiger, 2004 WL 3017314 (Ct of Appeals, 9th Dist., OH, Dec 22, 2004) (HIV+ defendant to charges of kidnapping, abduction and felonious assault had waived his right to challenge the trial court’s imposition of higher than minimum sentences and consecutive sentences because he and his attorney were present at sentencing and raised no objection at that time).

380. State of Ohio v. Jenkins, 2004 WL 3015091 (Dec. 20, 2004) (affirmed conviction of defendant for “pandering obscenity.” Rejects Scalia’s view that Lawrence eliminated the fostering of a majoritarian morality as a legitimate state interest in any future rational-basis review).

381. State of Ohio v. Lowe, 2005 WL 1983946, 2005–Ohio-4274 (OH 5th Dist. Ct. App., Aug 15, 2005) (Lawrence v. Texas imposed no limitations on state’s incest statute in the prosecution of a stepfather charged with having sex with his adult stepdaughter).

382. State of Ohio v. Newell, 2005 WL 1364937, 2005 OHIO 2848 (May 31, 2005) (held that Defense of Marriage Amendment has no application to criminal statutes in general. Therefore it does not preclude the state from prosecuting an unmarried cohabitant under the domestic violence law).

383. State of Ohio v. Knipp, 2005 WL 1017620 (not reported in N.E.2d) (Mar, 10, 2005) (anti-marriage amendment adopted by voters in Nov. 2004 does not preclude application of the domestic violence statute to an unmarried cohabitating heterosexual couple).

384. State of Ohio v. Price, 834 N.E.2d 847 (Ohio App. 5 Dist., Aug 8, 2005) (Defendant’s jury conviction affirmed where he was a hemophiliac knowingly afflicted with HIV and Hepatits C and spit/bit and police officer. Defendant himself was a deadly weapon).

385. State of Ohio v. Rodgers, 131 Ohio Misc.2d 1 (Ohio Com. Pl., Franklin Co., March 29, 2005) (domestic violence statute – assault and battery of a special class of persons - measured against a later constitutional amendment ban on same-sex marriages; marriage amendment not found to override dom. violence statute by implication).

386. State of Oklahoma, (Lesbian/Gay Law Notes, February pg 13) (Daily Oklahoman, Jan 6, 2005) (First governmental unit in Oklahoma outlaws sexual orientation discrimination).

387. State of Oregon, (Lesbian/Gay Law Notes, February, pg 13) (Oregonian, Jan 24, 2005) (possibility that Oregon will ban sexual orientation discrimination in 2005).

388. State of Tennessee v. Clark, 2004 WL 2996896 (Dec 28, 2004) (appellate court holds sentence of approximately one year appropriate given circumstances for a HIV+ man of failing health).

389. State of Tennessee v. Whiteley, 616 S.E.2d 576 (N. Car. Ct. App., Aug 16, 2005) (sodomy conviction must be voided because of Lawrence).

390. State of Virginia, (Lesbian/Gay Law Notes, February, pg 13) (Washington Times, Jan 25, 2005) (Virginia legislature seeking to amend state’s adoption law to mirror Florida’s ban on homosexuals from adopting).

391. State of Washington v. Clinkenbeard, 130 Wash.App. 552 (Wash.App. Div. 3, Nov 29, 2005) (in an as-applied challenge, the court refused to rule that a statute was unconstitutional – the statute generally forbid sexual relationships between school employees and students).

392. Strong v. Strong, 2005 WL 567068 (Ky. App., Mar 11, 2005) (upheld a lower court’s determination of lack of jurisdiction over claims filed by plaintiff concerning property jointly acquired with his former partner).

393. Sturchio v. Ridge, 2005 WL 1502899 (E.D. Wash, June 23, 2005) (court held that management requirements of the appellant were justified under the circumstances and failed to state a claim under Title VII. Court implicitly accepts that Title VII forbids harassment based on transgender status).

394. Sturchio v. Department of Homeland Security

395. Sundberg v. High-Tech Institute, 2005 WL 174847 (D. Minn., Jan 26 2005) (admissions representative’s claim of gender discrimination under Title VII against her supervisor for prying into her personal life dismissed).

396. Swanner v. Anchorage Equal Rights Commission, 874 P.2d 274 (Alaska 1994) (landlord who would have rented to couples had they been married but who refused to rent property only after he learned that they were not married, unlawfully discriminated on basis of marital status, despite claim he was discriminating only on the basis of conduct).

397. Sweden, (Lesbian/Gay Law Notes, February, pg 16) (The Advocate, Jan 28, 2005) (government announces it will appoint a special committee, led by an independent investigator, to report on whether the country’s 1995 civil union law should be revised to permit marriage for same-sex partners).

398. Sylvester v. Fogley, 383 F.Supp.2d 1135 (W.D. Ark., Ft. Smith Div., Jul 28, 2005) (law enforcement agencies can investigate off-duty sexual activities of their employees that might impinge on their official conduct, with limitations, despite constitutional privacy rights in the wake of Lawrence).

399. Taylor v. F.D.R. Sullivan, 2004 WL 3142552 (S.D.Fla., Dec 14, 2004) (plaintiffs’ controversy with defendants arises from defendants’ lawsuit against others, in which defendants ask that Florida’s current marriage laws be held unconstitutional. Plaintiff’s failed to allege a claim).

400. Taylor, Mark (Lesbian/Gay Law Notes, March, pg 17) (N.Y. Post, Jan. 30, 2005) (trial jury rendered a verdict for $2 million on behalf of Taylor, Leonard Bernstein’s last same-sex lover, on his claim that NYU Medical Center discharged him because he was gay).

401. T.B. v. L.R.M., 874 A.2d 34 (PA, Mar 28, 2005) (lesbian co-parent should be able to at least temporarily resume contact with the child whose birth she helped to plan but who she had been prevented from seeing for nine years while the litigation was pending).

402. Theno v. Tonganoxie Unified School District, 377 F.Supp.2d 952 (D. Kansas, June 24, 2005) (high school student successfully pleads a Title IX Education Amendments Act claim for allegedly having been subjected to a hostile environment).

403. Theno, Dylan J. (Lesbian/Gay Law Notes, September, pg 179) (MIKansas City Star, Aug 23, 2005; Gender-PAC Press Release, Aug 16, 2005) (federal district jury awards $250,000 in damages to student in sex discrimination suit brought under Title IX of federal Education Amendments Act of 1972).

404. Theno v. Tonganoxie unified School District No. 464, 394 F.Supp.2d 1299 (D.Kans., Oct 18, 2005) (judge affirmed $250,000 jury verdict in favor of plaintiff who convinced a jury that the school had failed to protect him against homophobic harassment in Title IX claim).

405. Thomas v. Anchorage Equal Rights Commission, 102 P.3d 937 (Alaska, Dec 10, 2004) (held that plaintiff landlords failed to demonstrate compelling reasons for reconsideration of Swanner, which stated that enforcement of statutes prohibiting landlords from refusing to rent property to persons because of their marital status did not violate landlords’ right to free exercise of religion).

406. Thomas El v. Department of Justice, 2005 WL 3234319 (M.D.Pa., Nov 30, 2005) (inmate failed to staify administrative exhaustion requirements and thus suffered summary judgment on his tort claims arising from unauthorized revlation of his HIV status).

407. Tjan v. Commonwealth, 46 Va.App. 698 (Va, Nov 8, 2005) (Virginia sexual solicitation case).

408. Treat v. Garrett County Memorial Hospital, 2004 WL 2980743 (D. Md., Dec 23, 2004) (plaintiff alleged employment discrimination under Title VII, but failed to provide sufficient evidence to support a finding of unlawful discrimination on the basis of gender).

409. Tull v. Vaughn, 2005 WL 3018742 (M.D.Pa., Nov 10, 2005) (state prisoner’s habeus corpus petition denied).

410. Ulane v. Eastern Airlines, Inc., 742 F.2d 1081 (7th Cir. 1984) (Ruled against discrimination claims be transgender plaintiff because Title VII discrimination did not apply to discrimination because of sexual orientation or transgender status).

411. Under 21 v. City of New York, 108 A.D.2d 250 (N.Y. App. Div.1st Dept, 1985) (order from the Mayor of the City of New York which prohibits discrimination in employment based on sexual orientation is constitutional and valid in light of due process and equal protection).

412. United States v. Avery, 2005 WL 453135 (Navy-Marine Ct. Crim. App., Feb. 28, 2005) (affirming sodomy conviction of sailor who had oral and anal sex with civilian women in his on-base barracks room; special circumstances of military justify prosecuting conduct that would otherwise be protected under Lawrence v. Texas).

413. United States v. Barfield, 396 F.3d 1144 (Jan 14, 2005) (district court order of a woman with AIDS to report to federal prison authorities for incarceration upheld).

414. United States v. Bart, 61 M.J. 578 (N.M.Ct.Crim.App., May 26, 2005) (Accused’s conviction for consensual sodomy did not violate her Fifth Amendment due process rights where her sexual conduct with male sailor invoked regulation proscribing personal relationships between enlisted members and sailor murdered his civilian wife to continue his romantic relationship with accused).

415. United States v. Berry, 61 M.J. 91 (U.S. Armed Forces, May 10, 2005) (evidence of uncharged sexual act that occurred eight years earlier than charged forcible sodomy when Berry was thirteen and the other victim was a six-year-old boy, while relevant, failed balancing test and should not have been admitted).

416. United State v. Blaylock, 421 F.3d 758 (8th Cir., Aug 31, 2005) (conviction of circuit boy for drug offenses, where prosecutor attempted to preclude gay men from jury, was affirmed).

417. United States v. Bullock, ARMY 20030534 (Nov 20, 205) (Army Court of Criminal Appeals reversed a sodomy conviction arising from a barracks encounter between a soldier and a civilian woman that included oral sex).

418. United States v. Castillo, 430 F.3d 230 (5^th Cir., Nov 3, 2005) (HIV+ status did not constitute extraordinary physical impairment warranting downward departure under sentencing guidelines).

419. United State v. Christian, 61 M.J. 560 (N. M. Ct. Crim. App., May 16, 2005) (Accused’s conviction for consensual sodomy did not violate due process where his conduct with seventeen-year-old woman took place in private off-base apartment and arose out of his role as a military recruiter).

420. United State v. Ehrmann, 421 F.3d 774 (8th Cir., Aug 31, 2005) (conviction of circuit boy for drug offenses, where prosecutor attempted to preclude gay men from jury, was affirmed).

421. United States v. Extreme Associates, Inc., 352 F.Supp.2d 578 (W.D. Pa., Jan 20, 2005) (obscenity statute ruled unconstitutional based on Due Process arguments where public morality is not a legitimate state interest sufficient to justify infringing on adult, private, consensual, sexual conduct).

422. United States v. Extreme Associates, Inc., 431 F.3d 150 (3^rd Cir., Dec 8, 2005) (federal obscenity laws are not rendered unconstitutional by Lawrence v. Texas).

423. United States v. Hewitt, 61 M.J. 703 (U.S. Coast Guard Ct. Crim. App., Mar 30, 2005) (sentenced reduced in case where defendant subsequently discovered he was HIV+).

424. United States v. Johnson, 61 M.J. 195 (U.S. Armed Forces, Jul 8, 2005) (officer attacked whom she suspected was her ex-girlfriend’s new girlfriend several times. Accused requested a new trial based on newly discovered evidence and was refused. Court held this was not an abuse of discretion).

425. United States v. Marcum, 60 M.J. 198 (Ct. App. Armed Forces 2004) (sodomy between uniformed members of different rank in commander-subordinate relationship is subject to prosecution under Art. 125 UCMJ, despite Lawrence v. Texas, due to special circumstances of the military).

426. United States v. Mills, 2005 WL 102991 (4th Cir., Jan 19, 2005) (court ruled it did not have jurisdiction to review a decision by a federal district judge in North Carolina on a request for downward departure from the sentencing guidelines for AIDS-related reasons).

427. United States v. Napier, 2005 WL 1473959 (U.S. Navy-Marine Corps Ct. Crim. App., June, 22, 2005) (intent to cause harm was irrelevant to a charge of assault with a means likely to produce grievous bodily harm where an HIV+ Navy postal clerk had unprotected intercourse and failed to inform his partner that he was HIV+).

428. United States v. National Treasury Employees Union

429. United States v. Nickl, 427 F.3d 1286 (10^th Cir., Nov 1, 2005) (that defendant’s homosexuality was known to the jury did not prejudice the trial pertaining to charges of bank fraud).

430. United States v. Orellana, 62 M.J. 595 (N.M.Ct.Crim.App., Nov 29, 2005) (accused’s conviction for private, consensual, heterosexual adultery with an adult did not violate accused’s constitutional right to privacy because his conduct was demonstrably prejudicial to good order and discipline as well as service discrediting).

431. United States v. Tate, 2005 WL 3111979 (N.M.Ct.Crim.App., Nov 21, 2005) (sodomy between heterosexual military members of different ranks remains criminal, despite Lawrence v. Texas).

432. United States v. Teague, 2005 WL 2375179 (U.S. Navy-Marine Corps Court of Criminal Appeals, Sept 15, 2005) (sodomy conviction (heterosexual) upheld).

433. United States v. Tootle, 2005 WL 3215251 (N.M.Ct.Crim.App., Nov 30, 2005) (court martial conviction of an HIV+ military officer affirmed for violating a safe-sex order with two different women).

434. United States v. Vanhorn, 2005 WL 465180 (8th Cir., Mar 1, 2005) (held that district court did not abuse its discretion when it refused to adjust a victim restitution order for a convicted defendant who learned in prison he was HIV+).

435. United States v. Weisser, 2005 WL 1560350 (C.A. 2nd, Jul 5, 2005) (affirmed enhanced sentence for attempting to transport a minor across state lines for sexual purposes, due to the aggravating factor of planning to have sexual intercourse while knowing he was HIV+).

436. United States v. Young, 2005 WL 1368086 (C.A. 9th, June 9, 2005) (unpublished) (defendant’s conviction for performing fellatio on a boy was reversed due to trial errors).

437. Universal Hosp. Services, Inc. v. Hoff, 2005 WL 3159677 (D.Minn. Nov 28, 2005) (court fails to address complainant’s argument that a non-compete clause should not be enforced against him because he was unlawfully terminated due to his sexual orientation).

438. Valentine v. American Airlines, 791 N.Y.S.2d 217 (App. Div. 3 Dept., March 17, 2005) (statute restricting death benefits to surviving legal spouse did not violate equal protection clause by discriminating on basis of sexual orientation. Subsequently, domestic partner not entitled to death benefits as surviving spouse).

439. Vied v. Pinnacle Nissan Infiniti, 2005 WL 2571607 (D.Ariz., Oct. 7, 2005) (plaintiff alleges he was harassed by coworkers because he is gay in Title VII claim).

440. Washington State (Lesbian/Gay Law Notes, April, pg 15) (Seattle Times, Mar 31, 2005) (King County jury convicted three young men of “malicious harassment” and assault with a deadly weapon for attacking a gay man last year in Seattle during gay pride weekend).

441. Webber v. Aetna Life Insurance Co., 375 F.Supp.2d 663 (E.D. Tenn., July 5, 2005) (held that insurance company’s denial of benefits to HIV+ man was arbitrary and capricious).

442. Weeks, John (Lesbian/Gay Law Notes, March, pg 12-13) (Newsday, Jan 29, 2005) (bisexual police officer discharged after being subjected to a sustained campaign of harassment awarded $260,000 by federal jury in the Eastern District of New York).

443. Weis v. Criss, 169 S.W.3d 888 (Mo. Ct. App., E.D., Aug 30, 2005) (court voided and remanded trial court order to award physical custody of child to father rather than lesbian mother).

444. West, Jason, (Lesbian/Gay Law Notes, June, pg 12) (Associated Press, May 27; New York Law Journal, May 31) (New Paltz Mayor Jason West’s motion for leave to appeal a decision requiring him to stand trial on two dozen misdemeanor counts arising from his actions last year of performing marriage ceremonies for same-sex couples without valid licenses was denied).

445. West, Jason, (Lesbian/Gay Law Notes, Summer, pg 144) (Ulster County District Attorney Donald A. Williams announced on July 12, that he was withdrawing criminal charges against Jason West).

446. White v. Unumprovident, 2005 WL 1683735 (D.N.J., Jul 18, 2005) (judge held that there were serious inconsistencies in the insurer’s treatment of medical evidence in determining whether an HIV+ disability benefits claimant qualified for benefits under the relelvant insurance plan).

447. Whitfield, Rob, (Lesbian/Gay Law Notes, March, pg 19) (The Guardian, UK, Jan 29, 2005) (a labor tribunal awarded Whitfield 35,345 pounds compensation on claims of constructive unfair dismissal, harassment and discrimination).

448. Whitmire v. State of Texas, 2005 WL 3071464 (Tex.App. – Houston [14 Dist.], Nov 17, 2005) (prosecutor’s violation of trial court’s ruling to exclude any mention of homosexuality was a harmless error since it was relevant).

449. Williams v. Attorney General of Alabama, 378 F.3d 1232 (11^th Cir. 2004), cert. denied, 125 S.Ct. 1335 (2005) (state law criminalizing sale of sex toys does not burden a fundamental right; Lawrence v. Texas did not create or recognize a fundamental right of sexual privacy for consenting adults).

450. Williams v. Francisco, 2005 WL 1924489 (D.N.J., Aug 11, 2005) (held that prison official was not on notice to know that a non-consensual disclosure of a prisoner’s HIV status violates the U.S. constitution.)

451. Willson v. Buss, 2005 WL 1253877 (N.D. Indiana) (federal court upholds the exclusion of “blatantly homosexual material” – gay publications – from a prison).

452. Wilson, Phillip (Lesbian/Gay Law Notes, April, pg 16) (Advertiser, (Australia), Mar 17, 2005) (Catholic Archbishop has announced his support for legislation pending in the Southern Australia legislature to give equal rights to same-sex couples).

453. Wilson v. Ake, 354 F.Supp.2d 1298 (M.D. Fla., Jan 19, 2005) (Defense of Marriage Act (DOMA) and Florida statute banning recognition of same-sex marriages found constitutional. The right to marry a person of same sex is not a fundamental right guaranteed by Due Process).

454. Wilson v. Buss, 370 F.Supp.2d 782 (N.D.Ind., Mar 31, 2005) (held that ban denying former inmate receipt of magazines having homosexual content did not violate his First Amendment rights and the superintendent had qualified imunity).

455. Wilson v. Harvey, --- N.E.2d ---, 2005 WL 2807253 (Ohio App. 8 Dist., Oct 27, 2005) (university student bringing libel action against fellow students failed to prove special damages arising out of fellow students’ display of flyers falsely depicting plaintiff as homosexual, and thus plaintiff could not prevail on claim of libel per quod. Plaintiff could not succeed on invasion of privacy claim either because the plaintiff failed to prove there was a disclosure of a clearly private fact).

456. Wilson v. Zader, 2005 WL 3008593 (E.D.Mich., Nov 9, 2005) (HIV+ prisoner who was placed in administrative segregation after being found guilty of sexual misconduct in prison was not deprived of any constitutional rights).

457. Winding v. State of Mississippi, 908 So.2d 163 (Miss.App., May 17, 2005) (male appellant’s conviction for kidnapping and sexual battery of a mentally retarded man was affirmed).

458. Winkler v. Chicago School Reform Board of Trustees, 2005 WL 627966 (N.D. Ill., March 16, 2005).

459. Wolshon v. American Communications Network, Inc., 2005 WL 1838611 (E.D. Mich., Jul 19, 2005) (female same-sex harassment claim survives summary judgment).

460. Wood v. Commonwealth of Kentucky, Civ. Action No. 2005 WL 1258921 (May 26, 2005) (challenge to same-sex marriage amendment rejected).

461. Wood v. Sempra Energy Trading Corp., 2005 WL 465423 (D. Conn., Feb 22, 2005) (held that lesbian plaintiff’s claims of sex and sexual orientation discrimination under Title VII and state human rights law were sufficient to withstand summary judgment).

462. Wood v. Sempra Energy Trading Corp., 2005 WL 3416126 (D.Conn., Dec 12, 2005) (Based on Title VII, complainant failed to prove at trial that her discharge was due to sex or sexual orientation, or that she had been retaliated against on either of those bases).

463. Woodard v. Jupiter Christian School, Inc., 913 So.2d 1188 (Fla.App. 4 Dist. Oct 12, 2005) (no liability for counselor outing a student who was subsequently expelled from the school).

464. Worster v. Carlson Wagon Lit Travel, Inc., 353 F.Supp.2d 257 (D. Conn., Jan 4, 2005) (HIV is not a disability under the ADA).

465. Yaros-Hakak v. Attorney General (Israel, Civil Appeal 10280/01, Jan 10, 2005) (second-parent adoption could be allowed in principle based on the special circumstances and best interests of the child).

466. Z v. Secretary for the Home Department, (United Kingdom, 2004) CA (Civ. Div.) 2/12/2004 (British court held applicant for asylum, a gay man from Zimbabwe, had not shown he would be subject to prosecution if he continued to be discreet upon return to his country).

467. Zablocki v. Redhail, 434 U.S. 374 (1978) (statute requiring all outstanding child support payments to be made before one could receive marriage license violates due process, because “right to marry is of fundamental importance for all individuals”).

468. Zysk v. Zysk, 404 S.E.2d 721 (Va. Sup. Ct., 1990) (a party who consents to and participates in an immoral and illegal act cannot recover damages from other participants for the consequence of that act).