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 (7th 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 (6th
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 (3rd
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 (10th
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.4th 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 (9th
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).