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j u s t o u t ▼ o c t o b o r 17 , 1997 T i l
national news
Nelson case slam s shut
The U.S. Supreme Court declines to hear case involving a newspaper’s efforts to control a reporter’s off-duty activities
T
by Inga Sorensen
et’s just say it’s in her blood.
One day after the U.S. Supreme
Court socked Sandy Nelson a major
blow, the newspaper reporter-turned-
copy editor was telling Just Out she’s
revved to get on the political front line again.
“I’ll probably get involved in the Initiative
677 campaign up here, maybe pushing doorbells
or whatever,” says Nelson, 41, a copy editor with
the News Tribune, a daily newspaper in Tacoma.
Nelson, you may recall, was removed from
her reporting position in 1990 by her editors at the
newspaper because she was actively involved in
political causes, specifically gay and lesbian rights.
Nelson began her stint at the Tribune in 1983 as
a reporter, but nearly seven years ago was trans
ferred to the copy desk. In response, Nelson sued
the newspaper and its parent, McClatchy Newspa
pers Inc., to get her reporting position back.
However, earlier this year the state Supreme
Court found for the newspaper, saying a Wash
ington state law prohibiting employers from dis
criminating on the basis of political activities
doesn’t apply to newspapers.
In the 7-2 ruling, the court said newspapers
must be free to enforce conflict-of-interest poli
cies to preserve credibility and “the appearance of
objectivity.”
Throughout the court wranglings. Nelson said
the Tribune never produced evidence that her
political activity biased her writing or changed
readers ’ or ad verti sers’ percepti on s of her as a fai r
reporter.
On July 25 the Ameri
can Civil Liberties Union
of Washington, on behalf
of Nelson, petitioned the
U.S. Supreme Court to re
view and reverse the state
Supreme Court’s finding.
In the petition Seattle
attorney James Lobsenz
asked the nation’s highest
court to consider three
questions: Does the First
Amendment exempt news
papers from having to com
ply with employment-dis
crimination statutes? Does
a newspaper’s “free press”
right to control the content
of its paper include the con
stitutional right to control
the off-duty conduct of its
editorial employees? And,
in order to justify a First $andy Nelson
Amendment exemption from a general antidis
crimination law, must a newspaper have some
evidence that an employee’s off-duty conduct is
actually having an adverse impact on the “cred
ibility” of the newspaper?
The case has been closely watched as a test of
the scope of a media outlet’s right to “protect its
credibility” by controlling its employees’ off-
duty activities.
On Oct. 6 the U.S. Supreme Court, without
L
Supreme Court grab-bag
The nation’s high court took action open
ing day on other cases directly affecting gay
men and lesbians.
The U.S. Supreme Court turned away a
challenge Oct. 6totheClinton administration’s
“don’t ask, don’t tell” policy on openly gay
and lesbian service members in the military.
Without comment, the court refused to
revive a lawsuit by Richard Richenberg Jr., a
former Air Force captain, who charges that the
“don’t ask, don’t tell” policy violates his free-
speech rights and fosters government “dis
crimination and bigotry.”
Under the policy, members of, and appli
cants for, the military are not to be asked about
their sexual orientation.
However, service members can be dis
charged for “homosexual conduct,” and an ac
knowledgment of homosexuality creates a pre
sumption that one is engaging in same-sex
sexual acts or has a propensity or intent to do so.
According to the policy, in order to circum
vent a discharge, a lesbian or gay service
member must prove she or he is not engaging
in, nor intends to engage in, any “homosexual
act” while in the military.
Richenberg entered the Air Force in 1985.
He served in the Gulf War, and afterward
began training for special service in Saudi
Arabia. During that time he told his command
ing officer that he is gay.
In response, Richenberg was reassigned to
a base in Nebraska and discharge proceedings
were launched.
he rght to be b t done is the most comprehensive of
rgfits and the right most valued by civilized peopb.”
— J u s t ic e L o u is B r& nJeis
Rogers
& Rodz
Attorneys at Law
Criminal defense by a former judge,
state and federal prosecutor,
and state and federal public defenders
506 S.W . Sixth A venue, Suite
l Portland ' O R 97204 (503)294-9998
com m ent,
rejected
Nelson’s appeal.
W hile Nelson says
she’s disappointed, she
points out the action is not
a decision and sets no na
tional precedent. It does,
however, leave intact a
ruling that gives all news
papers in Washington state
the same authority.
“It’s been a long haul,
but I really feel a sense of
relief,” she says. “I also
feel good knowing that we
took it as far as we could.
But I have to admit that
after seven years of fight
ing, I’m sorry the highest
court in the land didn’t hear
the case.”
Nelson says upon
learning of the court’s re
jection, several colleagues at the Tribune ap
proached her with their condolences.
“But I could tell some people were watching
me to see whether I was going to break down,
which is funny because I never have throughout
this case,” she says.
Nelson has long been involved in community
causes. She has been active in the socialist and
sexual minority rights movements, and has de
fended Native American treaty rights as well as
In 1995 that process ended when Richenberg
was given an honorable discharge. He sued,
but a federal trial judge and the 8th U.S. Circuit
Court of Appeals ruled against him.
▼ T T
Without comment, the court rejected an
appeal brought by a Massachusetts man who
argued that his religious freedom was violated
because his son was temporarily placed in
foster care with two gay men.
Justices turned away the man’s argument
that placing his 14-year-old son with gay men
unconstitutionally interfered with his raising
his son as a Catholic.
The appeal argued, in part, that state offi
cials cannot place “a Catholic minor child into
a foster home which, by its very nature, com
health clinics that offer abortion services.
In 1989 Nelson helped form the Committee to
Protect Tacoma Human Rights, which sought to
stop the repeal of a city law barring discrimi nation
based on sexual orientation.
When the measure was rescinded by voters.
Nelson was among the gay and lesbian rights
supporters who launched an initiative campaign
to get the law back on the books.
The Tribune told Nelson she must discontinue
all political activities in order to work as a re
porter. She didn’t, and was involuntarily trans
ferred to a night copy desk job.
Despite the U.S. Supreme Court’s recent ac
tion, Nelson says she’s eager to revive her politi
cal activism.
“I’ve basically been wrapped up in my own
case,” she says. “Now that that’s no longer so. I’m
going to turn to Initiative 677.”
Initiative 677 is a proposed statewide ballot
measure that would ban employment discrimina
tion based on sexual orientation. The initiative,
a k a the Employment Non-Discrimination Act of
Washington, will be on the general election ballot
in November.
Nelson says since she’s a copy editor, and no
longer a reporter, it shouldn’t be viewed as a
problem by management.
“Plus I don’t think this newspaper wants to
engage in a second fight, a round two,” says
Nelson, adding she also plans to continue speak
ing out about workers’ rights.
“I’m not just going to disappear,” she vows.
position and appearance, violates the bedrock,
fundamental religious beliefs of the Catholic
faith.”
According to The Associated Press, the
youngster was “removed from his parents’
home in suburban Boston in June 1996 after
the youth alleged he had been subjected to
abusive discipline.... The family was not iden
tified in court papers.”
The AP says the father went to court “when
he learned that the state Department of Social
Services had placed the boy in the foster home
of two gay men. There were no allegations of
improper actions involving the boy.”
A state trial judge and an appellate judge
previously ruled against the father.
Inga Sorensen