juJy 16. 2004 ’ JlM t
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that the law denying same-sex couples the right
to marry violates the state constitution’s guaran­
tees o f equality.
“Lesbian and gay couples make the same
commitments to each other and their children
that straight couples do,” attorney David Rocah
said. “Excluding lesbian and gay couples from
marriage denies them and their children impor­
tant safeguards and discriminates against fami­
lies when they are most vulnerable.”
The lawsuit was filed in state court in Baltimore
on behalf of nine same-sex couples and a man
whose partner recently passed away who would like
to be able to marry one day. They come from all
walks of life, ranging from a former civil rights
worker, a bus driver and a paramedic to a teacher, a
dentist and a former police officer. Some have been
together for decades, some are already raising chil­
dren, and one couple have a child on the way.
“When you hear the stories o f the people
involved in this lawsuit, it’s obvious that lesbian
and gay people in Maryland suffer real harms
when their relationships aren’t recognized,"
attorney Ken C hoe said. “The Maryland C o n ­
stitution demands equal treatment, and that
means equal treatment in marriage, too.”
The Washington Post reported that Republican
Gov. Robert L. Ehrlich Jr. dismissed the suit as
part of the A C L U ’s “far-left agenda” and
promised he would support efforts in the Gener­
al Assembly to clarify the current law outlawing
same-sex marriage.
“Traditional marriage in my view and the
view of most Marylanders and Americans is the
cornerstone of our society,” he said. “T h at used
to be common sense.”
Ruth Berman (left) and Constance Kurtz are
suing the state of Florida for the right to marry
FLO RID A
lawsuit was filed July 1 on behalf of seven
\ long-term gay and lesbian couples to chal­
lenge the Florida statute prohibiting marriage
between same-sex partners.
“T h e best defense is a good offense, and we
will encourage lawsuits to flood the courts,”
said R obin Tyler, ex ecu tiv e d irecto r o f
DontAmend.com. “We are very grateful that a
nationally famous attorney, Ellis Rubin, would
he willing to take these cases in Florida and that
his law firm is doing them pro bono.”
Am ong the plaintiffs are Ruth Berman and
Constance Kurtz of West Palm Beach, who were
the subject of the award-winning documentary
Ruthie & Connie: Every Room in the House. They
say they are suing because “we have a 29-year
loving, caring and responsible relationship, and
we are entitled to marriage and receiving all of
the benefits, protections and responsibilities
afforded every heterosexual married couple.”
*0»
he Miami Beach City Commission voted
July 7 to expand its nondiscrimination law
to cover trans people.
“Tcxlay, Miami Beach joins Key West and
Monroe County in clearly stating that transgender
people may not be discriminated against in
employment, housing, public accommodations
and lending,” said Stratton Pollitzer of Equality
Florida. “We believe today’s vote represents a grow-
T
etors that treat your vt Mile person
Jhc dinks ot
I t*
National College of Naturopathic
P orteños in P crtuvmd
Form er flight attendant David A . Lee (left) says Continental Airlines refuses to recognize his
marriage to Daniel Vaillancourt
ing trend in Florida toward the realization that
transgender people are part of our communities
and must be included in basic human rights laws.”
Miami Beach joins a growing number of
municipalities across the country to ban anti-
trans bias, becoming the 71st jurisdiction to
expand its law. In 2003 Key West and Monroe
County added similar protections by unanimous
votes, and in 2000 Wilton Manors passed a law
requiring all businesses that contract with the
city to include sexual orientation and gender
identity in their nondiscrimination policies.
“We fought hard to keep M iam i-Dade’s
human rights ordinance as inclusive as possible,
and tcxlay Miami Beach has taken that inclu­
siveness to a new level,” said Heddy Pena, Save
Dade executive director. “This ordinance pro­
tects not only transgender people but anyone
who suffers discrimination because they do not
fit traditional gender stereotypes."
Rajee Narinesingh, a trans educator and
activist, added: “Tcxlay is a very big day not only
for transgender people hut for anyone who suf­
fers discrimination because of their differences.
I endure discrimination every day, but tcxlay I
can walk around Miami Beach knowing I am
part o f a community that will not tolerate any
form of prejudice."
V IR G IN IA
L
ambda Legal filed papers July 12 in the Vir­
ginia Court of Appeals to overturn the con­
viction of a man who was charged with solicitation
of sodomy despite the U.S. Supreme Court’s land­
mark ruling last summer that clearly struck down
all remaining sodomy laws in the nation.
“This scxiomy law is dead, and that means you
can’t convict someone for attempting to violate it or
talking ahcxjt violating it; there’s no law left to vio­
late,” attorney Greg Nevins said. “This was a rogue
prosecution under a law that no longer exists.”
Earlier this year, Joel Singson was convicted of
solicitation to commit sodomy. The incident began
after a discussion with an undercover police officer
in the men’s room at a Virginia Beach mall, which
the cop said led him to believe Singson requested
an act of scxiomy.
Singson was taken by two officers to the back
o f the store, questioned and released. He was
charged several months later and spent eight
days in jail. If Singson loses at the end of the
appeal process, he faces a three-year jail sen­
tence with 2 1/2 years suspended.
Nevins argues that the lower ccxirt should have
dismissed the case in light of the Lawrence vs.
Texas case striking down all remaining sodomy
laws across the country. He pointed to a similar
case in New York more than two decades ago,
where the state’s sodomy law had been struck down
P hotographs by G ustavo R apopcrt ,
P aintings by RoBerro H errbta ,
P aintings by M arsa B evington
and the state’s highest court later said that, as a
result, it was unconstitutional to prosecute people
for loitering for the purpose of soliciting sodomy.
TEXAS
he Houston-based Continental Airlines has
denied a request by former flight attendant
David A. Lee to have Daniel Vaillancourt listed as
his spouse for purposes of free flight privileges rou­
tinely granted to the husbands and wives of het­
erosexual past employees.
Lee and former journalist Vaillancourt, who
now work as a Los Angeles-based team of televi­
sion writers, were wed April 1 in Vancouver,
British Columbia. Same-sex marriage has been
fully legal in the Canadian province since July 8,
2003.
“My exit contract clearly states that travel ben­
efits are available for me and my spouse,” said Lee,
who worked for Continental from 1981 to 1989,
when he accepted an offer of a premature-
retirement benefits package. “Daniel is my spouse.
We are legally married. But because we’re two men,
Continental’s decided it won’t live up to its part of
the bargain. It’s blatant discrimination.”
Vaillancourt added: “Continental dcxis allow
straight and gay current employees to designate j
one permanent ffee-travel companion, be it a
spouse, a domestic partner or even just a friend. For
this company to not recognize a former employee’s
legal marriage is unacceptable.”
The wronged newlyweds want the company’s
past and current employees— as well as its frequent
flyers— to know about this injustice. They are
investigating the filing of a formal lawsuit against
Continental but hope they will be successful in per­
suading the airline to change its policies without
having to incur the time and expense of litigation.
T
C A LIFO R N IA
S
uperior Court Commissioner Thom as Surh
issued an order June 23 posthumously
changing the name of Eddie Araujo Jr. to Gwen
Am ber Rose A raujo. The 17-year-old was
viciously murdered in an anti-trans hate crime
O ct. 3, 2002, in Newark.
“This is something that all of us have been
waiting too long for,” said Araujo’s mother,
Sylvia Guerrero, who requested the order in a
May 25 hearing. “ It is one of my regrets that
I didn’t call my daughter Gwen more while she
was alive. Having this order granted help» me to
put that regret to rest.”
A jury declared a mistrial June 22 in the trial
of three men accused of killing Araujo. Prosecu­
tors have vowed to retry the defendants. JP1
Compiled by News Editor J im R adosta , who can
be reached at jim@justout.com.
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