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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (Sept. 17, 2004)
■ h1 news “After being involved in litigation against the university over these benefits for more than eight years, this is truly wonderful news,” attor ney Chris Biancheria said. “What a relief to the many lesbian and gay employees at the universi ty who struggle to provide their families with adequate health insurance.” The ACLU originally brought suit against the university in 1996 on behalf of seven cur rent and former university employees who were unable to obtain health insurance for their domestic partners because of Pitt’s poli cy. W hile the decision to provide equal health insurance benefits brings closure to a critical issue in the case, there arc some legal issues that must still he resolved. The case is pending in the Commonwealth Court of Pennsylvania. TEXAS n a legal first, a unanimous federal appeals court has ruled that seven ranking Texas prison officials can he sued for damages because of discrimina tion based on sexual ori entation. The ruling by the Fifth Circuit Court of Appeals came in a lawsuit filed by the American Civil Liber ties Union on behalf of RtxJerick Keith Johnson, a gay man who was Roderick Keith Johnson, a gay man repeatedly raped by who was repeatedly prison gangs and whose pleas for help were raped by prison ignored by officials. gangs, will get his Attorney Margaret day in court Winter applauded the decision, which was issued Sept. 8. The decision also upheld the right to priKeed in the case under the Eighth Amendment’s protection against cruel and unusual punishment. “I could nor he more pleased that we are one step closer to Roderick Johnson having his day in court,” Winter said. “Once heard, Mr. John son’s testimony about the horrifying abuse he endured and the prison staff’s deliberate in difference to that abuse will shock Texas citizens and hopefully bring about improvements for all prisoners in similar circumstances.” For 18 months, Johnson was housed at the James A. Allred Unit in Iowa Park, where prison gangs allegedly bought and sold him as a sexual slave, raping, abusing and degrading him nearly every day. He filed numerous griev ances, letters and complaints with prison offi cials and appeared before the unit’s classifica tion committee seven separate times asking to be transferred to safe-keeping, protective cus tody or another prison, but each time they refused, telling him that he must “fight or fuck.” Prison officials moved Johnson out of the Allred Unit and into a wing designated for vulnerable prisoners only after the ACLU intervened on his behalf. Attorneys showed that Johnson had pro duced ample evidence that Texas prison offi cials “were well aware of the significant risk that...(he) would be raped and that they con sciously disregarded the risk, arbitrarily denying him protection." Indeed, direct evidence pro vided by Johnson includes statements by prison officers announcing that they were denying him protection because it was up to Johnson to fight off predators if he did not chcxjse to sexu ally submit to them and that he should “choose someone to be with” if he wanted protection from rape. I A 1 C A L IF O R N IA Sacramento Superior G xirt dismissed a lawsuit Sept. 8 that sought to block legal protections for same-sex couples that are to go into effect in January 2005. The court reject ed claims by deceased state Sen. Pete Knight and Randy Thomasson of Campaign for Cali fornia Families that the California state new domestic partner Sen. Pete Knight ship protections guaran- rolled over in his teed unde.' Assembly B‘H 205 »ere in viola- a judgc dismissed non of Proposition 22, hjs and |awsuit which states that only marriage between a man and woman is valid in California.” “We’re grateful that the court has dismissed this harmful lawsuit. But by noting the many ways that AB 205 differs from full marriage rights, the court’s decision demonstrates how same-sex couples continue to be discriminated against by California law,” said attorney Cristina Sun of the American Civil Liberties Union. “AB 205 is certainly a step in the right direction, but lesbian and gay Californians will only have tme equality once the state allows same-sex cou ples to marry.” AB 205 provides basic protections and imposes significant responsibilities on registered domestic partners in California. Protections for families headed by same-sex couples include: community property, mutual responsibility for debt, parenting rights and obligations such as custody and support, and the ability to claim a partner’s body after death. The law does not allow for joint tax filing and certain other pro tections under state law and does not provide access to more than 1,000 federal protections that married couples enjoy. M IC H IG A N he Coalition for a Fair Michigan criticized the Michigan Court of Appeals for by passing the State Board of Canvassers and approving ballot language Sept. 3 intended to confuse voters and allow judges to interpret the Gay Marriage Amendment to also prohibit domestic partnerships, even those between a man and woman. “The G iurt of Appeals had an opportunity to make sure the voters had a fair and accurate description of how this amendment will wipe out existing domestic partnership benefits, including those between a man and a woman,” campaign manager Wendy Howell said. “Unfortunately, when voters read their ballot, they will read lcgalese meant to keep them from knowing that this amendment will take away health and pension benefits from Michigan families, including" those of a man and a woman.” In hearings before the State Board of Can vassers, the backers of the proposal would not deny that they want this amendment to pass so they can attack domestic partner benefits. Fur thermore, in their arguments before the Giurt of Appeals, the proponents admitted that the meaning of “marriage or similar union for any purpose” is so unclear that it will have to be interpreted by the courts. Same-sex marriage is already against three Michigan laws. The amendment to the Michigan G>nstitu- tion would permanently ban any legal recogni tion of relationships other than opposite-sex marriage, including civil unions or domestic partnerships for unmarried heterosexual cou ples. It also would prohibit any form of domestic partnership benefits, such as health care and prescription benefits, from being offered to pub lic sector employees. JH Compiled by News Editor J im R adosta , who can be reached at jm @ justout.com. It’s a you parade. D. Fulps/George Kettner Herzog-Meier 503-644-912 1 »cars @ henogmeier.com Drivers wanted. Don’t Miss the Rate Train! Your Schedule is My Schedule • • • • . 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