-------------------------------------------
NewsWrap
for the week ending May 29, 1999
(As broadcast on This Way Out program #583, distributed 5-31-99)
[Compiled & written by Cindy Friedman, with thanks to Graham Underhill,
Brian Nunes, Jason Lin, Martin Rice, Rex Wockner, Chris Ambidge,
Greg Gordon & Lucia Chappelle]

Anchored by Leo Garcia and Cindy Friedman

  Canada's progress towards equal treatment of gay and lesbian couples moved 
to the national parliament this week, as a small part of a massive bill 
concerning federal workers' pensions.  It was intended to be the first in a 
series of steps by the Liberal Party government towards equal recognition of 
same-gender couples, but the couples aspect split the Liberal vote and caused 
the Chretien government to rethink its piecemeal approach.  The pension bill 
passed, but had there been full attendance in the Commons, the dissidents in 
the Liberal Party could have defeated it, because the main thrust of the bill 
was unanimously opposed by the other parties.  The bill authorized the 
government to use a C$30-billion surplus in the pension fund to pay down the 
national debt.
Previously, the Chretien government had believed it would be simpler to deal 
with changing more than 50 discriminatory laws one at a time.  But having 
seen the party division on the couples issue, which won't go away, the 
government is now expected to introduce a single omnibus bill in the 
parliament's fall session.  Because both the New Democratic Party and the 
Bloc Quebecois will support that measure, the Liberal dissidents will be able 
to vote their consciences without defeating it.

  There was a giant step towards equal treatment of domestic partners in the 
Australian state of New South Wales this week, as the Upper House of the 
state legislature passed the Property Relations bill by a vote of 36 to 3.  
The bill is also expected to pass in the Lower House, because the opposition 
parties have agreed not to oppose it.  It will extend to gays and lesbians 
the property, inheritance and hospital visitation rights now granted to 
unmarried heterosexual couples.  That includes access to the District Court 
when couples break up, for division of property and determination of support 
payments.  The bill will also give equal rights to other unmarried 
cohabitants who are economically interdependent, such as adult children 
caring for elderly parents.  New South Wales gays and lesbians had grown 
impatient awaiting this fulfillment of a 1995 campaign promise from their 
Labor government, but the Property Relations bill will make the state by far 
Australia's leader in recognizing same-gender couples.

  Couples rights also advanced three ways this week in California, despite an 
intensive on-going media campaign by the religious right against what they 
call "the gay agenda."
By a strictly party line vote of 23 - 14, the state Senate passed a bill to 
establish a statewide domestic partners registry, open to all unmarried 
cohabitants.  Registration would carry hospital visitation privileges and 
some survivor and conservatorship rights, although no community property 
rights nor tax advantages.  That bill moves next to the state Assembly.
Meanwhile, the Assembly voted 41 - 32 to approve another bill to establish a 
statewide partners registry, but the main thrust of this measure is to 
require health insurance providers to offer domestic partners coverage to 
those employers who request it.  Small businesses in California which want to 
extend spousal benefits to the domestic partners of their unmarried employees 
have often been unable to obtain the coverage.  The bill's sponsor, openly 
lesbian San Francisco Democratic Assemblymember Carole Migden:
Carole Migden:  “...We have heard from many small businesses up and down the 
state seeking this opportunity so that they can equalize opportunities in the 
workplace... It is, yes, a mandate on insurance companies, many of whom are 
presently offering it voluntarily... and they will, in fact, make money from 
selling these premiums.”
Last year, Republican Governor Pete Wilson vetoed this measure; new 
Democratic Governor Gray Davis is expected to sign it, although it must pass 
the Senate first.

  And a federal court has upheld San Francisco's Equal Benefits Ordinance 
against two legal challenges.  The pioneering law requires the city's 
contractors to extend to their unmarried workers' registered partners the 
same benefits they offer their married workers' spouses.  Among those 
contractors are the airlines that use San Francisco International Airport, 
particularly United Airlines.  An earlier court ruling had agreed with the 
Air Transport Association that the federal laws governing that industry 
overrode the city's laws with respect to health insurance and pensions.  But 
this week U.S. District Court Judge Claudia Wilken found that the city could 
require the airlines to extend other benefits, including bereavement leave, 
family leave and spousal travel discounts.  Although the airlines will almost 
certainly appeal, rather than submit to any local control, it's believed to 
be the first judicial affirmation of this kind of law.
Wilken wrote that, "The ordinance aims to fulfill in economic terms a promise 
long required in city contracts; that parties doing business with the city 
not discriminate based on sexual orientation or marital status."
At the same time, Wilken dismissed a complaint in which the American Center 
for Law and Justice, founded by Pat Robertson, represented an out-of-state 
electrical contractor who lost a San Francisco contract for refusing to 
comply with the Equal Benefits Ordinance.  Their case insisted that the city 
should not be able to impose its definition of "family" on corporations, but 
Wilken found that the company had no standing to sue.  The ACLJ is appealing 
that ruling.

  A landmark court ruling for couples benefits in Oregon is facing a 
political assault.  A committee hearing was held this week on a proposed 
constitutional amendment, that would both reserve legal marriage for one man 
and one woman and  bar the courts from requiring that "rights or benefits of 
marriage" be extended to unmarried couples.  The proposed amendment is 
largely a response to a first-of-its-kind ruling last year in the Tanner 
case, which on the basis of equal protection under the law required the state 
to give the partners of its gay and lesbian employees the same benefits as 
their married counterparts.  The constitutional amendment was introduced by 
Republican state Representative Kevin Mannix of Salem, who believes its 
chances of passing both the House and Senate are "good to excellent."  Then 
it would have to be ratified by Oregon's voters in a statewide initiative, 
where Mannix believes it will receive the same landslide approval as 
anti-marriage measures did last year in Hawai'i and Alaska.  However, neither 
of those states' initiatives included any barrier to recognizing domestic 
partners.

  Nevada is poised to prohibit employment discrimination based on sexual 
orientation, only the 11th U.S. state to do so.  The state House and Senate 
had already passed the measure introduced by openly gay Democratic 
Assemblymember David Parks of Las Vegas.  This week it was announced that 
Nevada Governor Kenny Guinn will sign it into law.  Nevada's first Republican 
Governor in 16 years had not previously taken a position.

  Gay and lesbian Republicans were pleased to receive a warm welcome in their 
first appearance at the party's Georgia state convention.  The Georgia 
chapter of Log Cabin Republicans had 15 members who had been elected 
delegates or alternates.  Quite unlike their Texas counterparts, who were 
driven out by their state party, the Georgia Log Cabin group was not only 
able to have an information booth in the exhibit hall, but heard repeatedly 
from other delegates, "We're glad you're here."

  A Georgia student's case this week won an important decision from the U.S. 
Supreme Court, that school districts can be sued if they deliberately ignore 
complaints of serious sexual harassment by one student against another.  This 
ruling affects all U.S. schools receiving federal funds.  Although the 
decision came in the case of a girl harassed by a boy, it's an interpretation 
of Title IX of the Education Act, which also applies to harassment based on 
sexual orientation.  Because it sets a stringent standard for when these 
lawsuits can be filed, it's not expected to affect a large number of students 
directly, but it sends a strong message to administrators that they must take 
reasonable action in response to complaints.

  Gays and lesbians are among many Australians distressed that the national 
Senate this week approved a government measure to censor the Internet.  The 
House is expected to follow suit shortly.  Australian gays and lesbians have 
been particularly active in using electronic media for community organizing, 
and in early May launched a new network specifically to counter the isolation 
experienced by sexual minority youth in rural areas.  Because the censorship 
is set up on a "complaints - response" basis, Australian Council for Lesbian 
and Gay Rights co-convenor Rodney Croome says that, "Every small-minded and 
homophobic bigot in the country will be able to haul a whole range of gay and 
lesbian organizations before the authorities and force us to justify our 
presence on the Internet."

  And finally ... praising the end of censorship under Franco with the coming 
of democracy, Spain's openly gay filmmaker Pedro Almodovar won Best Director 
for his first-ever entry in the prestigious Cannes Film Festival.  His 13th 
film, "Todo Sobre Mi Madre" or "All About My Mother" was agreed by almost 
everyone at the festival except the jury to have deserved the Palme d'Or for 
Best Film.  Its characters include a gay man, a lesbian, a cross-dresser, and 
a transsexual.  In his acceptance speech, Almodovar said, "Now I am aged so I 
am a bit quieter, but the first movies I made were outrageous."