jgust 2. 2002 » J u t
maty
iHijsiüivjMi n ew s
C hurch C omplains
A bout P ride P arade
A
the exposed skin, though, he better get used to it.
“I know that public displays of partial nudity,
such as those reported by Rev. Im, are disturbing
to many citizens,” Katz wrote. "However, such
nonsexual displays have been challenged in the
past and have been found to be protected forms
of free speech under statg law.”
Earlier this year Pride Northwest had asked
that the parade start time be moved from
12:30 p.m. to noon, but the request was denied
out of respect for late-morning worshipers. “1 do
not know if a later start time will he considered
in future years," Katz stated.
Another option is to move the parade to a Sat
urday. However, Pride Northwest says that sum-
downtown church is upset because partial
ly nude women marched past parishioners
as they were leaving services June 16 during
Portland Pride 2002.
First Baptist Church is located at 909 S.W.
11th Ave., just three blocks from Lincoln High
School, where the parade steps off. Senior pastor
Roger E. Compton outlined his concerns in a
June 19 letter to Mayor Vera Katz.
“Our Cambodian pastor, the Rev. Peter 1m,
has reported that during the parade there were
several women unclothed above the waist,” he
wrote. "Body paint was the only
covering. This is unacceptable
for a public parade, especially
when there are dozens of chil
dren and youth leaving church
at this time. Your attention to
this problem of public nudity is
requested.”
Compton added that the
parade route "creates stress and
difficulty” for members of his
congregation who are trying to
get to their cars and flee the
scene as quickly as possible. He
asked that the city change the
starting time from 12:30 to
1 p.m.
Katz responded in a July 10
letter explaining that Com p
tons complaint was forwarded
to the Bureau of Licenses for
consideration when Pride
Northwest submits its parade
application next year. As for Marchers display “ unacceptable” behavior June 16 during Portland
mer time slots are at a premium and that securing
another date would be extremely difficult.
C ourt : A nti -G ay J ob B ias
V iolates C onstitution
A
Washington state appeals court July 18
unanimously ruled that firing public
employees because they are gay violates the U.S.
Constitution— the first ruling of its kind from
any appeals court in the country.
The American Civil Liberties Union filed
the lawsuit against Pullman Memorial Hospital
in 1996 on behalf of Mary Jo Davis, a sonogra-
pher who was subjected to severe and ongoing
harassment, then fired. A lower
court dismissed the case, effec
tively saying the U.S. Constitu
tion offers no refuge for gay men
and lesbians who face discrimina
tion by government agencies.
The Washington Court of
Appeals disagreed in an 11-page
decision. “A state actor violates a
homosexual employees right of
equal protection when it treats
that person differently than it
treats heterosexual employees,
based solely upon the employee’s
sexual orientation,” the judges
wrote.
“This is a historic ruling,”
said Matt Coles, A C L U Lesbian
& Gay Rights Project director.
“For the first time, an appeals
court is saying that it’s just plain
unconstitutional for a govern
ment agency to fire someone for
Pride 2002 being gay.”
The ruling sets a “powerful precedent,” Coles
said, and now will send Davis’ case back to trial.
She will be able to sue both the hospital and the
chief radiologist who harassed her routinely.
Charles Guess constantly referred to the
sonographer as a “fucking dyke” and “fucking
faggot” and told another doctor, “I don’t think
that fucking faggot should be doing vaginal
exams, and I’m not working with her.” When
she complained, he told administrators he didn’t
“agree with Mary Jo Davis’ lesbian lifestyle.”
Rather than discipline Guess, the hospital
punished her— reducing her hours to three-
quarters time so he wouldn’t have to work with
her. Finally, in 1994, she was fired.
At the appeals court, Guess claimed that
even if it were unconstitutional to fire to Davis
for being gay, he couldn’t be expected to know
that and therefore should be immune from legal
responsibility. The judges disagreed strongly.
“The law is well established that intentional
and invidious discrimination against an individ
ual because he or she is a member of an identifi
able class, violates that person’s right to equal
protection,” they stated. “That proposition was
as evident in 1994 as it is today.”
According to the A C LU , the ruling will
help gay men and lesbians nationwide.
“Mary Jo Davis was a good employee. She
was subjected to a hellish work environment,
then finally fired, because she is a lesbian,”
attorney Ken Choe said. “All over this country,
people face discrimination because of their sex
ual orientation. It’s particularly wrong when it’s
the government that does it— and this decision
is now one of our most powerful weapons in
fighting it.”
Continued on P ag e 8
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