BOSTON, Mass. (AP) — The state Republican Party filed suit in the state’s highest court seeking to change the date of a state Senate special election that was scheduled for the day of the March presidential primary.

The GOP argued that holding the election on March 2 would give Democrats an advantage in retaining the vacant seat, since Democratic voters will be turning out in droves that day to choose the party’s presidential candidate.

The incumbent, Democrat Cheryl Jacques, has resigned to become leader of the Human Rights Campaign, a national gay rights organization.

The Senate voted on Nov. 18 to schedule the election for March 2. Republicans say Senate leaders had no constitutional right to schedule an election to fill the seat until Jacques officially leaves office on Jan. 4.

Republican Party Chairman Darrell Crate called the action a “sneaky, greedy” attempt by Democrats to further entrench themselves in the Legislature, where they have the largest majority in the country.

“This Legislature will stop at nothing to protect its power,” Crate said.

Senate President Robert Travaglini (D-Boston) did not return calls seeking comment.

Under a Republican plan, the Democratic primary for the vacant seat would be held on March 2, with the general election to be held later in the spring, on days when local towns already have local elections scheduled.

SANTA FE, N.M. (AP) — The New Mexico Court of Appeals has closed the door on opponents of a planned Pecos subdivision that would cater to retirement-age gay and lesbian adults.

The court has decided not to hear Los Ruederos Neighborhood Association’s appeal alleging the subdivision would violate the federal Fair Housing Act.

“I’m disappointed and I don’t really understand why they did that because the Fair Housing Act is for everybody,” said Dolores Vigil, an opponent of the proposed 157-acre Birds of a Feather Resort Community.

“This seems very unfair and we’re being ignored by everyone,” she said.

Los Ruederos’ appeal also had asked the court to determine whether public policy barred the San Miguel County Commission from approving the subdivision because of alleged violations of the Fair Housing Act.

Bonnie McGowan, the project’s founder and developer, said she was pleased with the court’s Nov. 24 decision.

“I was very, very happy that they threw it out so quickly,” McGowan said.

Los Ruederos filed its appeal Nov. 4, alleging the sudivision’s website indicated a preference that children not live in the community and that men and boys are welcome only to visit.

But McGowan has said any statements suggesting that children and men were only welcome to visit have been taken off the Birds of a Feather website.

The neighborhood association had filed a lawsuit in state district court to stop the subdivision.

Judge Eugenio Mathis ruled in October that the development could move forward — even though he disagreed with the San Miguel County’s decision to approve the subdivision. The association then appealed.

RALEIGH, N.C. (AP) — A judicial nominee who has been criticized for using a derogatory term to describe gays told college students on World AIDS day the best way to avoid AIDS is to abstain from sex.

Claude Allen, deputy secretary of the U.S. Department of Health and Human Services, spoke at St. Augustine’s College to more than 300 faculty and students. He has been nominated for a seat on the 4th U.S. Circuit Court of Appeals.

“It is proven that if you delay that first sexual encounter, you reduce your chance of getting HIV/AIDS,” said Allen, who also cited a drastic reduction of cases in Uganda after officials emphasized abstinence as well as staying with one sexual partner.

“Make that decision now before the heat of the moment, whether it is in the back seat of a car or in your dorm room.”

He also said people engaging in sex should know whether they have the disease, be faithful to their partners and openly discuss whether they have the disease.

Allen, who is black, told his audience at the historically black institution that black and Latino women account for a majority of HIV-AIDS cases in the United States.

NORRISTOWN, Pa. (AP) — A former Jenkintown karate instructor — who defended himself against charges of sexually molesting two teenage girls who were his students by saying he was gay — was acquitted of three of the most serious charges.

Lee Gary Glazer, 38, of Hatboro, was acquitted of charges of aggravated indecent assault, attempted aggravated indecent assault and indecent assault by a Montgomery County jury that deliberated for five hours.

Jurors, however, deadlocked on the remaining charges of indecent assault and two counts of corruption of minors. Judge Thomas M. Del Ricci declared a mistrial, and prosecutors must decide whether to retry Glazer on those counts.

Glazer smiled with relief after the verdict and said outside the courtroom that he “loved” his lawyer and the jury. “I also want to thank my family and friends who stood by me during all these false accusations against me,” he said.

Defense attorney Stephen Jarrett said he was not sure how much weight jurors gave to his defense that it was not in Glazer’s nature to make sexual advances to young girls because he was gay.

County First Assistant District Attorney Risa Vetri Ferman said her office will probably retry the remaining counts, but she wants to talk to the trial attorney and to the alleged victims and their families.

LOGAN, Utah (AP) — Utah State University’s Faculty Senate has endorsed establishing a faculty ally program for gay and lesbian students.

The proposal was approved with one faculty delegate objecting and a few abstaining.

Professor Elizabeth York, director of music therapy at USU, said 15 faculty members have agreed to be allies who will be available to lesbian and gay students for advice.

“This will allow USU faculty to give visible support to students and staff as we all come to accept ourselves and who we are,” York said.

In her eight years at USU, York has advised and participated in gay and lesbian student groups on campus, such as the Gay Pride Alliance, the Gay and Lesbian Student Resource Center and the recently formed group called Rosie.

York said these organizations have proved meaningful programs, but they have been largely student-led.

“My concern is that ... despite these strides, students cannot identify faculty who they consider allies at this university,” she said.

She said that at some universities, trained faculty members may identify themselves with designations at their offices that say, for example, “Safe Space” or “Hate Stops Here.”

“They’ve identified themselves openly,” she said. “Faculty are coming out to those students and to each other.”

An ally is someone committed to being understanding, supportive and trustworthy if a gay, lesbian or bisexual student needs help, advice, information about university and community resources or just needs someone with whom they can talk about sexual orientation issues openly and constructively, York said.

“I propose that a similar program be developed at USU. I think it’s long overdue,” she said.

SALT LAKE CITY, Utah (AP) — A lawyer for a Utah man with five wives argued that his bigamy convictions should be thrown out following a Supreme Court decision decriminalizing gay sex.

The nation’s high court in June struck down a Texas sodomy law, ruling that what gay men and women do in the privacy of their homes is no business of government.

It’s no different for polygamists, argued Tom Green’s attorney, John Bucher, to the Utah Supreme Court.

“It doesn’t bother anyone, (and with) no compelling state interest in what you do in your own home with consenting adults, you should be allowed to do so,” Bucher said.

The state said the court should reject the appeal because Green failed to raise the issue during his trial more than two years ago or anywhere else along the judicial path since then.

Green, who is not affiliated with any church, was convicted of four counts of bigamy and one count of criminal nonsupport of his 30 children in August 2001.

Besides his five-year sentence, he faces up to life in prison after being convicted of child rape for having sex with one of his five wives when she was 13.

“He preys on young girls,” assistant Utah Attorney General Laura Dupaix said. “This case is about a man who marries young girls and calls it religion.”

Polygamy was renounced by the Church of Jesus Christ of Latter-day Saints in 1890 as part of a deal to grant Utah statehood, and the church now excommunicates those members who practice or advocate it. Polygamy has an estimated 30,000 practitioners in the West.