Bay Windows - Local News, February 25, 1999
Scott A. Giordano, Bay Windows Staff

The case at hand was brought last fall by 12 Boston taxpayers and members of the Catholic Action League of Massachusetts, who are challenging Boston Mayor Thomas Menino's Executive Order that extends DP benefits to all unmarried city employees who register with the city.

The plaintiffs -- represented by the American Center for Law and Justice (ACLJ) -- argue that Menino and the city exceeded their authority by creating "domestic partnership" as a marital status not recognized by the state, among other claims. A private attorney for the city has argued that the Executive Order is within the mayor's authority as chief executive officer of the city. Attorneys from the Boston-based Gay and Lesbian Advocates and Defenders (GLAD) -- a legal organization specializing in lesbian and gay issues -- are representing the interests of a lesbian city employee and her partner.

A state Appeals Court judge previously ruled to let the DP Executive Order remain in effect while the case is pending. Last spring, the SJC ruled on two questions submitted to the court by Speaker of the House Thomas Finneran, D-Mattapan. In response to those questions, the SJC said that municipalities do have the authority to define the term "domestic partners" on their own, without seeking legislative approval. However, the SJC refused to answer the unresolved question of whether municipalities need to seek legislative approval before they can pass DP measures. That question will be decided from the case now headed to the SJC. -- Scott A. Giordano

Impeachment end predicted to bring renewed attacks from Right

Now that President Bill Clinton's impeachment trial has ended, gay activists expect national religious Right organizations, such as the Family Research Council (FRC), to assault gay-rights measures with a renewed vigor.

An example of this can be seen in the recent full-page anti-gay advertisement placed by the FRC in Roll Call, a congressional publication. In the ad -- titled "Sex Files in the workplace?" -- the FRC comes out against the Employment Non-Discrimination Act (ENDA), a federal bill that would prohibit employment discrimination based on sexual orientation.

"Until now, no employer would dare ask about the sex life of an employee. But if the proposed ENDA legislation passes, employers may face expensive litigation unless they prove that they do not discriminate on the basis of sexual orientation," the ad reads. "And to prove that, employers may have to ask the orientation question in interviews, or keep records on sexual practice. Companies have already been sued under similar state laws because they did not hire or promote someone whom they weren't even aware was a homosexual.

"The ENDA legislation being demanded by homosexual activists is an abuse of anyone wanting to keep his or her sex life private. ENDA may sound fair on the surface, but the fine print is an unfair invasion of privacy. ... ENDA -- a threat to our privacy and our beliefs."

In the same issue of Roll Call, the nation's largest gay and lesbian political organization -- the Human Rights Campaign (HRC) -- also sponsored a full-page advertisement in support of ENDA.

HRC spokesman Wayne Besen said it's too soon to tell whether ENDA will have any movement in the current congressional session, but that "it's possible" now that President Clinton's impeachment trial has ended.

Meanwhile, the FRC is part of coalition with 15 other radical-Right organizations that are planning to air anti-gay TV advertisements in the near future. It's not clear when the ads will air nor what the exact content will be. But sources from both the FRC and HRC have told Bay Windows that the ads are "now in the works" and will be based on similar messages presented in that same coalition's newspaper advertisements last summer, which focused primarily on the so-called ex-gay movement with claims that gay people can convert to heterosexuality.

In a current opinion piece posted on the Website for the Miami Herald (http://www.herald.com/outlooks), Besen from the HRC says that the tag lines for the Right's upcoming TV campaign will be "It's not about hate. It's about love."

No other information is available at this time. -- Scott A. Giordano

Six gay-rights bills filed in Maine state Legislature

It's very unusual for state legislators to introduce legislation similar to what was repealed by a voters' referendum, but that is what recently happened in the state of Maine.

Voters there overturned Maine's statewide gay-rights bill last February. And now six different bills are being floated by state legislators that would offer the same legal protections to gay and lesbian people as the repealed bill, which would have prohibited discrimination based on sexual orientation in the areas of education, housing and public accommodations.

"Normally it's a very long time before a legislator would consider putting in a bill for something that was repealed by a people's veto, so we consider it a very good and strong sign of support that legislators were willing to do something along those lines again in terms of the civil-rights bill," said Susan Farnsworth, a lobbyist for the Main Lesbian and Gay Political Alliance. "There were six civil-rights bills introduced this year, which is terrific since it was a year ago that the last one we had was repealed. However, none of the bills have been printed because there are some differences between the sponsors in terms of what they proposed."

For that reason, Farnsworth doesn't expect any movement on a civil-rights bill this year. A coalition of gay activists in the state continues to meet and plan a strategy to pass the proposed legislation. To prevent another repeal, the activists also are planning to attach a referendum they will write themselves and attach to the gay-rights bill they will push through the Legislature. They plan to have that referendum placed on the general election ballot for the year 2000 because that is a presidential year with high voter turnout, and they expect the majority of voters will support gay rights.

"At this point, we are expecting the bills will be carried over until next year without even being printed at the moment, because two of the sponsors have asked for that," Farnsworth said. "We don't expect to see activity in this session, but we will definitely see activity on civil rights next year." -- Scott A. Giordano

AIDS Lobby Day slated for March 4 in Massachusetts

The AIDS Public Policy Institute from AIDS Action Committee -- the state's largest AIDS-service organization -- is holding its second annual lobby day on Thursday, March 4, at the State House in Boston.

Titled, "Lobbying from the Heart: Voices of People Affected by AIDS," participants will lobby for Republican Governor Paul Cellucci's proposed expansion of Medicaid to include coverage of people living with HIV who don't have full-blown AIDS -- among other issues. The event marks the kickoff of the state budget process for the next fiscal year.

Cellucci has proposed that the state expand Medicaid to allow immediate access to care for HIV-positive individuals with incomes at or below 200 percent of the federal poverty level ($16,000 per year for a single individual and $32,000 per year for a family of four.) Currently, people must be diagnosed with AIDS before they can become eligible for Medicaid benefits. The governor recommended, in his January inaugural address, that $10 million from the Massachusetts settlement with the tobacco industry be earmarked to fund the expansion.

Legislators will debate the expansion and other issues during negotiations for the FY 2000 budget. AIDS activists are asking the gay community to urge legislators to support the governor's proposed Medicaid expansion.

"We should thank the governor for his support ... and obviously, people like [Speaker of the House Thomas Finneran, D-Boston] need to know this is an important issue," said Joe Carleo, associate director of public policy and legal affairs at AIDS Action.

Registration for the lobby day begins at 8:30 a.m. in the Nurse's Hall at the State House. For more information, call Jacob Smith Yang from AIDS Action at (617) 262-6185 by Feb. 26. -- Scott A. Giordano

Election Day poll yields clues about gay, lesbian electorate

An analysis of a 1998 Eection Day poll conducted by the Voter News Service (VNS) concludes that gay and lesbian voters made up four percent of the electorate in the last election, and are one of the most diverse constituencies in America.

"This poll underscores the diversity of the [gay and lesbian] vote and establishes it as a key voting block," said David Smith, communications director for the Human Rights Campaign (HRC) -- the nation's largest gay and lesbian political organization. "Those seeking office from both parties should take notice, as this constituency becomes more and more identifiable and politically potent."

However, Smith added that many gay and lesbian voters are still afraid to identify as gay or lesbian, and therefore, the polling data is not a definitive view of the size and scope of the gay voting block.

The VNS exit poll is conducted for ABC, CBS, NBC, CNN, Fox and the Associated Press. The HRC purchased the data from the VNS. -- Scott A. Giordano
990225
BY990204

Always watch for outdated information. This article first appeared in 1999. This material is designed to support, not replace, the relationship that exists between you and your doctor.

AEGiS presents published material, reprinted with permission and neither endorses nor opposes any material. All information contained on this website, including information relating to health conditions, products, and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals. Always discuss treatment options with a doctor who specializes in treating HIV.

Copyright ©1980, 1999. AEGiS. All materials appearing on AEGiS are protected by copyright as a collective work or compilation under U.S. copyright and other laws and are the property of AEGiS, or the party credited as the provider of the content. .