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Partner to lose
survivor’s rights
Jeffrey Scott Chenoweth and David W. Kelly
were married in 1984 in a formal ceremony con­
ducted by an ordained minister. Of course, since
no state recognizes same-gender marriages, it
was a symbolic union without the attendant legal
rights and obligations. According to a story in the
Kauai Times, following the death of one of the
partners, a Hawaii circuit court judge has re­
moved the surviving partner as trustee of the
estate and granted control over the remainder of
the couple’s joint assets to the deceased man’s
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Chenoweth’s family filed a restraining order
in May 1995, three years after Chenoweth ’ s death
from AIDS complications, to prevent Kelly from
acting on behalf of his late partner’s trust, which
consists of property originally valued at $650,000
and now selling for $435,000. The other joint
assets were stocks worth $120,000 inherited by
Chenoweth and placed in Kelly’s trust, but that
money has since been used for property improve­
ments and repairs, mortgage payments and legal
fees in Kelly’s court battle to retain his authority
as trustee of Chenoweth’s estate.
Judge George Masuoka ruled Nov. 4 to grant
trusteeship of Chenoweth’s estate to his brother,
John Chenoweth. Kelly is seeking a stay of that
decision.
After the house sells and expenses have been
paid, Kelly estimates the trust will be worth
between $20,000 and $50,000, but says that prin­
ciple cannot be accessed by anyone else named in
the trust until after his death. However, as the new
trustee, Chenoweth’s brother does have the au­
thority to evict Kelly from the couple’s home,
which he has done.
Although the language in Chenoweth’s trust
account was constructed to protect Kelly from a
legal challenge, a single qualifying phrase— in
which Chenoweth requested rather than directed
that the surviving partner be accorded certain
rights—left his family a loophole. If Masuoka
denies Kelly’s request for a stay, as Kelly expects,
he says he doesn’t have the resources to continue
his challenge.
New precautions
issued for ritonavir
relationship has not been established.” Other ad­
verse reactions noted are complications for pa­
tients with hemophilia; and potential seizures,
hyperglycemia and renal failure.
Some critics, among them ACT UP activists,
believe that ritonavir was “rushed through the
[approval] process,” and that insufficient testing
was done before the Food and Drug Administra­
tion approved the drug for public use.
Speak with your doctor if you have concerns
about whether ritonavir is right for you.
Washington human rights
resolution rejected
The Whatcom County (Washington) Council
succumbed to pressure from anti-gay activist
groups and voted 4-3 to withhold support from the
Whatcom Human Rights Task Force, which was
formed by citizens concerned about a recent se­
ries of hate crimes at a migrant workers’ camp
near Lynden.
According to a story in the Bellingham Her­
ald, anti-gay activists at a Nov. 25 council meet­
ing objected to the task force’s inclusion of sexual
orientation in its call for the elimination of preju­
dice, and claimed that the task force would allow
sexual minority activist groups such as Hands Off
Washington to influence policy decisions.
Femdale resident Angie Fairbanks spoke at
the meeting, suggesting that the cross burning at
the migrant workers’ camp may have been a
prank rather than a hate crime. Regarding the task
force’s inclusion of sexual minority rights in its
agenda, she said, “The minority organizations
should have great reluctance to allow themselves
to be exploited by a group like Hands Off Wash­
ington, who has a behavior as their claim to
minority status.”
Several people spoke in favor of the resolu­
tion, including council member Ron D’Alosio,
who said, ‘T o disrespect another person because
of their status, because of the way they led their
life, is a destruction of human rights.”
Christiana Castoreña, a representative of the
local chapter of the League of United Latin Ameri­
can Citizens, said the task force was intended to
address hate crimes, not sexuality. “Our decision
and our choice in clu d ed sexual o rie n ­
tation.. .[because] we don’t condone any hate, or
any crime, or any violence or any harassment
towards any human being,” she said.
Everyone wins
in HlV-drug lottery
Abbot Laboratories, manufacturer of the HIV
protease inhibitor ritonavir (trademark name
Norvir), has released new information regarding
Health officials in the state of Missouri de­
drug interactions and contraindications, precau­
cided to hold a lottery to distribute federal funds
tions and adverse reactions, and overdose warn­
to HIV-positive people to pay for protease inhibi­
ings for the $ 15,000-per-year treatment, based on
“postmarketing expe­
tor treatments, but on the day before the deadline
rience.”
only 83 people had applied for the 132 winning
spaces, Reuters reported. Each winner would
Product informa­
tion on the drug is be­
receive about $ 10,000—enough to pay for a year’s
ing updated to include
worth of treatment— and it now appears as if
warnings of potential
everyone who applied will be receiving assis­
allergic reactions
tance.
ranging from mild to
Some people with HIV were initially outraged
life-threatening. Also,
by the planned lottery, but supporters insisted it
people with pre-exist­
was the only fair way to distribute the limited
ing liver disease, liver
resources.
enzyme abnormalities or hepatitis are warned to
use ritonavir with caution, as liver dysfunction—
including some fatalities—has occurred in pa- ;
tients using the drug. In these cases, however, the !
San Francisco’s STOP AIDS Project is con­
drug company insists that “a definitive causal ! ducting a survey to determine the usefulness of
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