national
National News Briefs
Published Thursday, 05-Aug-2010 in issue 1180
ALASKA
Three AK same-sex couples challenge discriminatory tax law
ANCHORAGE (ACLU) - Robyn Shepherd, Jeff Segvich and Jeffrey Mittman of the ACLU reported three Alaska same-sex couples have filed a lawsuit today (Aug. 3rd) challenging the state of Alaska’s tax-assessment rules, which discriminate against same-sex couples by denying them equal access to a property tax exemption for senior citizens and disabled veterans. Those who qualify and who live with same-sex partners are only permitted to, at most, half of the exemption available to opposite-sex married couples because they are treated as roommates rather than families.
Each couple is denied full access to a $150,000 property tax exemption available to similarly situated opposite-sex married couples. In a 2005 decision, the Alaska Supreme Court ruled that a similar exclusion of committed same-sex couples – in that case from the family health care coverage afforded to married state workers – violated the state constitution’s equal protection clause. But same-sex couples continue to be subjected to the discriminatory tax assessments. The couples, represented by the American Civil Liberties Union and the law firm Davis Wright Tremaine, are asking that the Alaska courts declare this discriminatory law, too, to be unconstitutional.
“Alaska law is clear that denying committed same-sex couples the same rights as married opposite-sex couples is unconstitutional,” said Tom Stenson of the ACLU of Alaska. “For senior couples and disabled vets, every bit of savings counts. These couples should not have to pay more taxes than other families.”
Julie Schmidt, 67, and Gayle Schuh, 62, have been partners for 33 years. After retiring from careers in education and selling their home in Illinois, they moved to Alaska and now own a home in Eagle River. Their bank accounts and real estate holdings are all jointly owned.
“We are disappointed to learn that the senior tax exemption treats homeowners in same-sex partnerships differently and we cannot receive the full benefit of the exemption,” said Schuh.
Julie Vollick and Susan Bernard, who have been together for seven years and are raising four children, jointly purchased their Eagle River home in 2004. Vollick retired from the United States Air Force after 20 years of service, including tours in Kuwait, Saudi Arabia, Afghanistan and Pakistan, and has service-related disabilities.
“I was proud to serve our country and defend our democratic values,” said Vollick. “All we want is the fairness I’ve fought to defend.”
Fred Traber, 62, and Larry Snider, 69, have been together for 28 years and have had long careers in Alaska, including small-business ownership and government employment.
“After building a life and a home together for many years, it’s unfair that the government does not recognize these committed partners as the families that they are,” said Leslie Cooper, senior staff attorney with the ACLU Lesbian Gay Bisexual and Transgender Project.
“We have tried to resolve this issue with the state out of court with no success,” said Roger Leishman of Davis Wright Tremaine. “We’re hopeful that the courts will rule on the side of fairness.”
Attorneys representing the plaintiffs in the matter of Schmidt v. Alaska are Leishman, Ryan Derry and Dave Oesting of Davis Wright Tremaine LLP; Cooper of the ACLU Lesbian Gay Bisexual and Transgender Project; and Stenson of the ACLU of Alaska.
INDIANA
Hospital mocks, refuses treatment to transgender woman
INDIANA - A transgender woman alleges that the Ball Memorial Hospital in Indiana refused her treatment, Michelle Kinsey of The Star Press reported. Erin Vaught visited the Ball emergency room on July 18th after coughing up blood.
Vaughn alleged that the staff registered her into the hospital as a ‘male.’ After addressing the mistake with her ID that stated she was female, the staff allegedly began the mistreatment. “I pointed out that my ID says female,” she said. “There were two ladies there, and one of them snickered a little bit and covered her mouth. The other got a very annoyed look on her face.”
Vaught, her wife and son waited two hours in an exam room where she was subjected to stares and insulting remarks from the hospital staff that included referring to her as a “he-she,“ an “it,“ and a “transvestite.”
The Tribune reported that once staff had arrived, she stated that she could not treat her due to her “transgender condition.” “I was confused,” Vaught said. “I told them I didn’t know my condition, that’s why I was there. She said ‘No, the transvestite thing.’ She said I couldn’t see a doctor until I came back with test orders from my doctor in Indy.”
Indiana Transgender Rights Advocacy Alliance and Indiana Equality became aware of this issue after Vaughn had complained on the hospital’s Facebook page. The Transgender Rights Advocacy Alliance has arranged for Vaught to be treated at an Indianapolis hospital. “We are trying to help her to regain her dignity and humanity,” Vivian Benge, president wof the Indiana Transgender Rights Advocacy Alliance, said, “This is a very difficult kind of thing to go through.”
MINNESOTA
Minn. pastor back in pulpit after gay report
MINNEAPOLIS (AP) - A Lutheran pastor in Minneapolis who opposes homosexuals being allowed to lead congregations said Monday he is attracted to men, but that he’s not a hypocrite because he never acted on his urges.
The Rev. Tom Brock told The Associated Press he has known for years he is sexually attracted to men, but doesn’t consider himself gay because he never acted on it.
In June, the Minnesota gay magazine Lavender reported that Brock was a member of a support group for Christians who struggle with same-sex attraction. Brock’s church, the Hope Lutheran Church, placed him on leave while a task force looked into the matter. The Rev. Tom Parrish, the church’s executive pastor, said the investigation determined Brock’s story checked out.
“I am a 57-year-old virgin,” Brock told the Hope Lutheran congregation during services upon returning to the pulpit on Sunday.
Brock and Parrish would not share the full task force report, but Parrish said its members could find no evidence Brock ever had sex with men. They confirmed that Brock sought counseling and enlisted another minister as an “accountability partner” with whom he frequently discussed his struggles.
Brock said he intends to step down as senior pastor at Hope Lutheran, but will retain his affiliation with the church and still preach there from time to time. Having preached on Twin Cities cable access for about 20 years, he told the AP he hopes to take his broadcasts to a wider national audience with a new message: “You can have this struggle with same-sex attraction, say no to it, and still follow Christ.”
Brock’s broadcasts, in which he espoused conservative viewpoints on a number of scriptural issues, brought him some measure of prominence in Minnesota. He testified at the state Capitol about his opposition to same-sex marriage, and he was one of the most vocal opponents of the decision last summer by the Evangelical Lutheran Church in America to allow non-celibate gays in committed relationships to serve as clergy.
A few months ago, the publisher of Lavender got a tip that Brock was attending meetings of Courage, a Catholic support group for people trying to resist same-sex urges. A freelance writer attended the group posing as a prospective member, then wrote about Brock’s attendance there - a move viewed by many as journalistically unethical.
John Townsend, the article’s author, said Monday he felt Hope Lutheran had the right to reinstate Brock and he hoped the pastor’s openness would make members of the congregation more sympathetic to gay people.
As for Brock, “He’s free to do what he wants to do and say what he wants to say,” Townsend said. “But he will have less credibility on that now, I’m afraid.”
Brock said he has personally forgiven Lavender and Townsend for publishing the piece, though he insists it contained erroneous information. He said he probably won’t continue to attend Courage meetings, but will keep seeking counseling and spiritual guidance to overcome his same-sex attractions.
Brock said he does not believe people are born gay. “I think we’re all born heterosexual actually, and then stuff goes wrong,” he said.
He said he can’t conclusively identify the origin of his own attraction to men, but said he believes it’s related to a distant relationship with his father, who is now deceased, as well as having an older brother who was more athletic and, Brock felt, got more affection from other family members.
Brock said even if scientists were to establish definitive proof that homosexuality is genetic, that wouldn’t deter his views. He said he believes people who engage in homosexual acts will go to hell, but he doesn’t believe that makes him a bigot.
“My message doesn’t change at all. I still think homosexual behavior is a sin,” Brock said. “Because I struggle with it doesn’t make it right.”
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