The Flint Hills Observer
August 1997

Summer Happenings Around the U.S.

For First Time, NY Federal Judge Strikes Down Entire Law Barring Gays From Military Service
by the American Civil Liberties Union and Lambda Legal Defense And Education Fund

In the first full defeat of the military's "Don't Ask, Don't Tell" statute, a federal judge in New York on July 2 struck down the law, saying it unconstitutionally imposes special rules on gay troops.

U.S. Judge Eugene Nickerson of the Eastern District of New York rejected both the conduct and speech portions of the law, ruling that they violate the Constitution's equal protection guarantee and serve no purpose but to placate the fears of some heterosexual troops.

Nickerson was quoted as saying, "It is hard to imagine why the mere holding of hands off base and in private is dangerous to the mission of the Armed Forces if done by homosexuals but not if done by a heterosexual." He also sharply rebuked the government's argument that the law is needed to maintain military readiness, saying the government had made "an outright confession that 'unit cohesion' is a euphemism to catering to the prejudices to the heterosexuals."

The July 2 ruling was prompted by a federal appeals court decision last July that sent the case back to Judge Nickerson for further action. Although Nickerson ruled in March 1995 that the law's restrictions on speech were unconstitutional, the Second Circuit U.S. Court of Appeals held the validity of the entire scheme depended on the "conduct" portion of the ban and directed Nickerson to reexamine the law on those grounds.

The "conduct" portion of the ban sets up special rules for lesbian and gay service members, requiring them to remain celibate and refrain from any affectionate behavior. Similar rules do not exist regarding heterosexual conduct. Under the "statements" portion, gay troops are prohibited from saying anything that may reveal their sexual orientation.

Montana Supreme Court Overturns Sodomy Law
from Internet reports

The Montana Supreme Court threw out a 24-year-old ban on homosexual sex July 2, concluding government has no business meddling in the sexual activity of consenting adults and stating that the law violated the right to privacy guaranteed in Montana's Constitution. Although no one has been prosecuted under the law, a 1993 lawsuit by six homosexuals claimed that gays and lesbians live in fear of being charged with a crime and that takes an emotional and psychological toll. District Judge Jeffrey Sherlock of Helena agreed in February 1996, and the Supreme Court on Wednesday rejected all of the state's arguments on appeal.

Five other states--Arkansas, Kansas, Maryland, Missouri and Oklahoma--still outlaw same-gender sex.

Connecticut Governor Signs Historic Anti-Discrimination Law Banning Anti-Gay Bias in Public Schools
from the Gay, Lesbian, and Straight Teachers Network (GLSTN)

Connecticut Governor John Rowland, a Republican, signed into law thhis summer a ban on discrimination on the basis of sexual orientation in the state's public schools. Connecticut joins Wisconsin (1985) and Massachusetts (1993) as only the third state to pass such a law.

"We're thrilled that the governor has taken this action," said Becky Glezen, a parent and National Board member of the Gay, Lesbian, and Straight Teachers Network (GLSTN), who worked to insure passage of the law. "At the very least, families deserve schools where their children will be protected from violence, harassment, and discrimination. Finally, those of us in Connecticut whose families include lesbian and gay people know that we can demand that our schools live up to that obligation."

Hawaiian Couples are Tying the "Reciprocal Beneficiary Knot"
from Internet reports

According to Tom Ramsey of Marriage Project--Hawaii, "As of 3:15 p.m., August 13, 172 Hawaii couples had tied the "reciprocal beneficiary knot."

Governor Ben Cayetano let Hawaii's Reciprocal Beneficiary Law take effect without his signature as of July 1, 1997.

Much wrangling is occurring as Hawaiians grow concerned that hundreds of dollars paid by employers for health insurance coverage may have to be repaid by employees. Their concern stems from a recent statement by Attorney General Margery Bronster, who essentially said in an opinion that most Hawaii companies are not required to provide medical coverage under the law that took effect July 8 for reciprocal beneficiaries (reciprocal beneficiaries includes any adult couple legally barred from marriage, including a mother and daughter, mother and son or uncle and nephew, as well as gay and lesbian couples).

Five of Hawaii's largest employers filed a lawsuit July 11 challenging the law, saying they believed it required them to offer the additional health care coverage, which would increase their costs.

In other Hawaii news, the referendum on whether to adopt the 1997 legislative amendment (below) will be held in November 1998. The final language of the amendment is: "The legislature shall have the power to reserve marriage to opposite-sex couples." This does not actually deny marriage recognition to gay couples, but makes it possible for the legislature to do so. Many believe that the legislature could not pass a law doing so until the amendment is approved by voters in 1998, more specifically, in the 1999 session. Therefore, there could be a "window" of opportunity for gay marriage licenses to be issued if the Hawaii Supreme Court orders the state to start issuing marriage licenses to same-sex couples (Hawaii has already found that discrimination against same-sex marriage in Hawaii is unconstitutional).

The court date is expected in late August, although the State has already indicated that it will request a delay pending the outcome of the referendum.

'97 Television Lineup Includes Record Number Of "Out" Characters, 23% Increase In Gay Characters Over Last Season
from The Gay & Lesbian Alliance Against Defamation (GLAAD)

The Gay & Lesbian Alliance Against Defamation (GLAAD) announced on August 13 that the 1997 fall television lineup will include a record setting 30 lesbian, gay and bisexual characters. This 23% increase compared to the historic 1996 fall lineup is the result of three characters introduced during the 1996/1997 year and four new characters this fall. Watch out, Ellen!

Charlotte, NC Suppresses Talk of Homosexuality Between Student and Counselor
from Wire reports

Starting next month, Mecklenburg County-funded counselors will need a parent's permission to talk to children about sexuality. After months of confusion and criticism from many counselors and doctors, a majority of county commissioners voted Tuesday to move ahead with their new policy. The policy says counselors are prohibited from "promoting or endorsing any sexual acts" that are illegal by N.C. statutes. That includes the state's "crimes against nature" law and one that prohibits prostitution. And parents would have to be notified, in writing, when a child under 18 wants to talk to a counselor about sexuality. If the child starts talking about sexuality in a counseling session, the counselor can continue but must notify the parent later, according to the policy.

The vote came despite concerns from the Mecklenburg Medical Society, whose board wrote a letter urging commissioners to reconsider. The policy "continues to restrict needed counseling services to the young people of our community, and poses potential harm to the health and welfare of those in need of those services," medical society President Charles Rich wrote to commissioners.