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National News Briefs
Published Thursday, 14-Oct-2004 in issue 877
ARKANSAS
Arkansas trial resumes over gay foster ban
LITTLE ROCK (AP) – The life of a child in foster care is stressful enough without the additional burden of adapting to gay foster parents, a psychologist testified in a lawsuit challenging Arkansas’ ban on gay foster parents.
Foster children are better off living in a traditional home with a heterosexual mother and father, South Carolina clinical psychologist George Rekers testified for the state in the resumption of a trial suspended since March when another state witness died in a car crash.
“That kind of family structure provides some unique benefits that foster children in particular need” because of their higher levels of mental and behavioral problems, Rekers said.
Lawyers for the American Civil Liberties Union attacked Rekers’ credibility, noting on cross examination that the University of South Carolina professor is an ordained Southern Baptist minister who has written extensively on Christian parenting, including books titled Shaping Your Child’s Sexual Identity and Growing Up Straight.
Rekers also acknowledged under questioning that he believes the Bible is the infallible word of God, that he believes homosexuality is sin and that he believes God views homosexuality as sin.
“Much of his views are based not on science, but on his personal religious ideology,” lawyer Leslie Cooper of the ACLU’s Lesbian and Gay Rights Project told Pulaski County Circuit Judge Tim Fox, who is presiding over the non-jury trial.
The state Child Welfare Review Board, which administers DHS’ foster care and adoptions programs, imposed a ban in 1999 that bars foster children from being placed with families where gay adults are present.
The ACLU filed a lawsuit on behalf of four Arkansans – a gay couple, a lesbian and a heterosexual man with a gay son – challenging the constitutionality of the rule that plaintiffs say discriminates against them.
Rekers testified that studies show same-sex partnerships are less stable and more short-lived than heterosexual marriages. He said children living with gay foster parents also face a risk of cruelty and ridicule from their peers.
Arkansas ACLU director Rita Sklar said children face the same peer pressure because of being overweight, having obese parents, parents of different ethnic or racial backgrounds or a variety of other reasons unrelated to their sexual orientation.
CALIFORNIA
Melissa Etheridge diagnosed with breast cancer
LOS ANGELES (AP) – Singer Melissa Etheridge has been diagnosed with breast cancer and has canceled upcoming tour dates to undergo treatment, her publicist said.
Etheridge, 43, will undergo surgery, and a “speedy and complete recovery” is expected by her doctor, publicist Marcel Pariseau said.
The cancer was detected early, and Etheridge has been receiving treatment, Pariseau said.
“I am fortunate to be under a wonderful doctor’s care and thankful that this was caught early,” Etheridge said in a statement. “I am looking forward to a quick and full recovery.”
Etheridge and actress Tammy Lynn Michaels held a commitment ceremony in September 2003. Etheridge, who lives in Los Angeles, shares custody of a daughter and son with former partner Julie Cypher, who had the children through artificial insemination using a sperm donation from rocker David Crosby.
MINNESOTA
Man claims doctor refused to perform surgery because of HIV
MILWAUKEE (AP) – A man filed a civil discrimination lawsuit alleging that a Milwaukee doctor refused to operate on him when he learned he was HIV-positive.
Steve Spera, 54, accuses orthopedist James Cain of violating the federal Americans with Disabilities Act and the Rehabilitation Act in refusing to perform a spinal fusion surgery once he learned Spera was HIV-positive.
The suit, filed in Milwaukee County Circuit Court by Lambda Legal, also alleges that the doctor failed to offer proper HIV counseling when he informed Spera he had tested positive for the virus that causes AIDS. Counseling is required under Wisconsin law.
The lawsuit said Spera went to Cain from 2000 through 2002 for treatment of serious back pain, but when the treatments failed to work, the doctor recommended fusion surgery. Cain scheduled surgery for Nov. 14, 2002, and ordered a blood test as part of the preoperative procedure, according to the suit.
The lawsuit said Cain told Spera by telephone on Nov. 6 that he had tested positive for HIV and he was canceling the scheduled surgery.
Spera is seeking damages and a halt in what he calls discrimination at Cain’s practice.
OKLAHOMA
Ban on same-sex marriage bad for business, lawmaker says
TULSA, Okla. (AP) – A proposed Oklahoma constitutional amendment that defines marriage as a union between a man and woman would be bad for business, Sen. Bernest Cain.
“There’s a lot of companies that would think twice before locating here because of the unwelcoming message that would send to some of their employees,” said Cain, an Oklahoma City Democrat speaking at a marriage equality conference in Tulsa.
The amendment might prompt some gays and lesbians to leave Oklahoma for a more tolerant state if it passes, Cain said.
“I don’t want to lose these valuable people from my district, from my city and from my state because of bigotry and political posturing,” Cain said.
Senate Republican Leader James Williamson of Tulsa, who wrote the amendment, has said he doesn’t think “protecting traditional marriage” will affect business in the state.
Williams Cos. diversity manager Alison Anthony said during her presentation that the amendment could create legal challenges for companies that offer benefits to domestic partners.
It would also prohibit unmarried people, regardless of their sexual orientation, from getting the benefits given to married couples.
“Businesses will remain in states and will relocate to states with the least restrictions,” she said, adding that it complicates transfers, recruitment and retention of employees.
OREGON
Eugene revives efforts to accommodate transgendered people
EUGENE, Ore. (AP) – The University of Oregon has already set aside several unisex bathrooms to accommodate transgender students, or those who cross dress, have had a sex change or say they identify with the opposite gender.
The city’s Human Rights Commission runs educational seminars for city employees about the needs of such individuals.
City staff and community activists are now reviving an effort to expand Eugene’s anti-discrimination laws to include protections for transgender people.
Supporters say they are encouraged by the growing number of public bodies such as the university that prohibit discrimination on the basis of gender identity, and by the increased visibility and activism of local transgender people.
They’re also hopeful that, come next year, a new mayor and city council will be more open to the idea of extending such protections.
But more than that, “we really want to do what we promised we would do, and that is to provide a lot more education,” said Karen Hyatt with the city’s human rights program. “We didn’t realize it was needed and we found out last time that it was.”
That education so far has included diversity training for city employees and contacts with such groups as the Eugene Area Chamber of Commerce, City Club of Eugene and Temple Beth Israel.
The city also plans to host a community meeting on transgender issues on Oct. 18.
SOUTH CAROLINA
Gay candidate angry about letter from opponent
CHARLESTON, S.C. (AP) – A gay candidate for the state House of Representatives says his Republican opponent should be embarrassed for saying the Democrat is aligned with a “militant homosexual lobby.”
Charlie Smith is seeking the Lowcountry seat for the second time against Rep. John Graham Altman, R-Charleston.
In a fundraising letter emailed to supporters, Altman said Smith belongs to a group that contributes to the “decay of traditional values in America” by supporting same-sex marriages and hiring gay Boy Scout troop leaders.
Smith said he is a board member for a gay rights group called Alliance for Full Acceptance, but he said the nonprofit organization is not militant or involved in those activities.
In an email sent to his supporters, Smith forwarded a copy of the letter along with a statement calling Altman a “bigot” and a “national embarrassment.”
Smith’s sexual orientation also was a major theme of Altman’s campaign in the 2002 election between the two candidates.
TEXAS
Judge upholds adoption by mom’s lesbian ex-partner
GALVESTON, Texas (AP) – A state district judge has upheld the parental rights of a woman who adopted a child born to her lesbian partner.
Attorneys for the 6-year-old’s mother claimed the adoption wasn’t legal, but family court Judge Janis Yarbrough ruled the adoption should stand, The Galveston County Daily News reported.
Yarbrough said the state’s family code requires any challenge to an adoption be made within six months of its approval.
The girl’s mother, Julie Hobbs, became pregnant through artificial insemination. At the time, she was living with her partner, Kathleen Van Stavern, who began the adoption process in 2001.
When Hobbs and Van Stavern ended their 8-year relationship in March, Hobbs fought Van Stavern’s legal efforts to gain joint custody.
An associate family judge ruled in September that Van Stavern’s parental rights should be upheld.
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