LITTLE ROCK, Ark. (AP) – A federal judge has refused to dismiss a lawsuit that accuses a North Little Rock retirement community of violating civil rights laws by evicting a resident because he has HIV.

U.S. District Judge G. Thomas Eisele made the ruling Aug. 10 in the case filed by Lambda Legal on behalf of Robert Franke.

The suit accuses the retirement center of violating federal and state civil rights and housing laws.

In court filings, the operator of the Fox Ridge at North Little Rock center argues that its actions were supported by state law.

SACRAMENTO, Calif. (AP) – One of California’s top lawmakers said Aug. 14 he will file a lawsuit next week against Gov. Arnold Schwarzenegger over what he considers illegal vetoes of funding for social service programs.

Senate leader Darrell Steinberg, a Democrat, said he will challenge the Republican governor’s decision to cut an additional $489 million from the programs as part of the budget process.

Assembly Speaker Karen Bass, the other Democratic leader in the Legislature, is considering joining Steinberg’s suit, said Shannon Murphy, a spokesperson for Bass.

Schwarzenegger spokesperson Aaron McLear said the administration was confident the governor would prevail in a court challenge.

“Because the legislature failed to send him a balanced budget after months of debate the governor was forced to make these difficult cuts,” McLear said.

Steinberg said the governor overstepped his constitutional authority last month when he made more cuts to the Legislature’s revised spending plan. Schwarzenegger did not tell the four legislative leaders he would make additional cuts when he struck an agreement with them, Steinberg said.

Lawmakers took a number of steps to address a steep budget deficit, including program cuts, shifting money from other areas and accelerating tax collections. The solutions totaled $24.2 billion.

Before signing the budget package last month, the governor made additional cuts to child welfare programs, health care for the poor and AIDS prevention efforts. He also reduced state parks funding.

“Taking another whack out of the most vulnerable Californians is wrong,” Steinberg said. “Most significantly, it violates a separation of powers principles of the California Constitution.”

Steinberg said he plans to file the lawsuit in San Francisco County Superior Court.

CHICAGO (AP) – The American Bar Association is urging a change in federal law to guarantee same-sex spouses the same government benefits that those in traditional marriages receive.

The ABA House of Delegates approved Aug. 10 on a voice vote a resolution urging repeal of a portion of the federal Defense of Marriage Act that defines marriage as a legal union between one man and one woman.

Proponents say that if Congress eliminated that language it would clear the way for same-sex spouses to get equal treatment in terms of Social Security and other federal benefits.

In urging approval, William H. White of Washington said that the American Bar Association has been on record for years for recognizing sexual orientation as a protected class.

No one spoke against the resolution.

PORTLAND, Maine (AP) – Same-sex marriage supporters and foes on Aug. 6 exchanged vows to take the high road in their campaigns in an anticipated referendum.

The lead organization fighting to keep the state’s same-sex marriage law on the books made its request of Frank Schubert of Schubert Flint Public Affairs. Schubert Flint led the successful Proposition 8 proposal to overturn same-sex marriage in California, and it has been hired to do the same in Maine.

“Maine voters expect us to take the high road, avoid poisonous attacks, and make our case based on fact and principle. Today, NO on 1 pledged to abide by that high standard,” said Jesse Connolly, campaign manager for NO on 1/Protect Maine Equality.

Reached in Washington, D.C., Frank Schubert said his firm’s campaign to toss Maine’s same-sex marriage law will be conducted in an ethical manner.

“I’m not sure what point they’re attempting to make, but every campaign we’ve run has been an ethical campaign based on factual information. We plan to run exactly that type of campaign in Maine,” Schubert said.

Maine became poised to recognize same-sex marriages in May, when lawmakers set aside the definition of marriage as being between a man and a woman. The other New England states of Connecticut, Massachusetts, New Hampshire and Vermont recognize same-sex marriages, as does Iowa.

Maine’s law was scheduled to take effect in September, but it has been sidetracked as state election officials verify petitions submitted to force a statewide referendum in November.

The law will be stayed pending the vote if state election officials certify the signatures of at least 55,087 registered voters. That’s all but certain, since gay marriage opponents collected more than 100,000 signatures.

NO on 1’s pledge was adapted from the Maine Code of Fair Campaign Practices, a voluntary statement for candidates running for the office of governor, U.S. Senate and U.S. House. It was first adopted by the Maine Legislature in 1989.

Among other things, the pledge says parties won’t use attacks that aren’t truthful or provable, and won’t use materials that falsify, misrepresent or distort the facts. It further says that parties won’t exploit “doubts as to the morality, patriotism or motivations of any party or candidate.”

Maine’s ethics commission isn’t empowered to impose sanctions on Senate, House or gubernatorial candidates, much less a political action committee like NO on 1 or a private company like Schubert Flint, for violating the code.

“It’s a voluntary code, and the Legislature did not authorize the commission to take any actions about alleged violations,” said Jonathan Wayne, executive director.

MAPLEWOOD, Minn. (AP) – An educator who has launched an online high school catering to GLBT students says he’s received applications from across the country.

David Glick says his GLBTQ Online High School removes gay students from potentially hostile school environments and puts them in a “welcoming educational community.”

But, others say an online school would further alienate the students. David Johnson teaches social psychology at the University of Minnesota. Johnson says it would be much better to have those students in a regular high school setting.

The International Association for K-12 Online Learning says the Maplewood-based program is the first of its kind for gay students.

TRENTON, N.J. (AP) – A New Jersey oncologist whom health officials suspect was responsible for a hepatitis B outbreak earlier this year has been sued by one of his patients.

Roland Jacobsen, of Manchester, claims he contracted the disease after being treated for prostate cancer at the offices of Dr. Parvez Dara, most recently in 2008 and 2009. Jacobsen filed a lawsuit against Dara in a state court in Ocean County last month.

Jacobsen’s attorney, Andrew McDonald, said Aug. 7 that his client was tested before Dara treated him and was not infected.

“He goes in for treatment and bam, there it is,” McDonald said. “It not only affects him, but his wife and everyone he’s surrounded by.”

The state warned nearly 3,000 of Dara’s patients in March to get tested after five cancer patients tested positive for hepatitis B, which is transmitted through exposure to infected blood and can cause serious liver damage.

The state health department has refused to say how many more patients tested positive after the warnings were sent out, citing the ongoing investigation.

Timothy White, a spokesperson for Dara, said that the doctor expects to be proven innocent of the allegations.

“There are a number of possible medical reasons that explain why hepatitis B may have developed among patients – particularly those being treated for cancer with chemotherapy,” White said. “To publicly link a medical practice to these occurrences before or during an ongoing investigation is irresponsible.”

Dara’s medical license was suspended in April, following a hearing in which state investigators presented evidence about the conditions at his Toms River office.

They said they found blood on the floor of a room where chemotherapy was administered, blood in a bin where blood vials were stored, open medication vials and unsterile saline and gauze.