■ 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.
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