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National News Briefs
Alleged gay-bashing at Marin high school a hoax, police say First openly gay Congress member quietly married last year in Mass. Poll: Same-sex unions lose support No sanctions for Minneapolis church that ignored archbishop Jury convicts ex-officer in stud
Published Thursday, 26-May-2005 in issue 909
CALIFORNIA
MILL VALLEY, Calif. (AP) – A 17-year-old top wrestler at an area high school here faked a series of gay-bashing incidents that prompted a police investigation, authorities said.
The rash of gay-bashing incidents at Tamalpais High School was the work of a student gay leader who claimed she was the victim of hate crimes, according to Mill Valley Police Capt. James Wickham.
The teen, who heads the school’s Gay-Straight Alliance, admitted to authorities that she was the perpetrator of the incidents, which included vandalizing her own car with derogatory graffiti, police said.
Other incidents involved teachers who received threatening telephone messages.
“It has been determined that all the incidents have been committed by a single individual,” Wickham said.
The student was not identified by police.
The girl has been suspended and could face expulsion, said Bob Ferguson, district school superintendent.
“She confessed to everything,” Ferguson said. “She did admit to police that it was basically for attention.”
The student was not arrested, but police said the case would be referred to the Marin County District Attorney’s Office for review.
In a series of incidents dating back to November, the student claimed she was the target of hateful language, with anti-gay epithets scrawled on her car and on her school locker. She told police she was pelted with eggs outside her home by an unknown assailant.
Tam High students “kept wondering how this could happen at their school, but unfortunately they were let down by one of their classmates,” Ferguson said.
Ferguson added that the girl’s recent title as the high school’s athlete of the year was withdrawn by the district.
High school principal Chris Holleran said students will have the opportunity to receive counseling about the matter.
Paula Pilecki, executive director of San Anselmo’s Spectrum, a lesbian, gay, bisexual and transgender advocacy group, said she was surprised that police released a statement about the girl’s admission.
“The next few weeks will no doubt be difficult for everyone involved, and I hope the community reacts with compassion,” she said.
MASSACHUSETTS
BOSTON (AP) – Former U.S. Representative Gerry Studds, the first openly gay member of Congress, quietly married his longtime partner last year after same-sex marriage became legal in Massachusetts, according to a published report.
Studds, a liberal Democrat who spent more than 20 years in Congress, married Dean Hara in Boston on May 24, the Patriot Ledger of Quincy reported.
Studds, 68, and Hara, 47, declined to comment for the Ledger’s story.
First elected to Congress in 1973, Studds built a loyal constituency that returned him to Washington with an average of nearly 70 percent of the vote over 12 elections.
That loyalty was tested in 1983 when it was revealed that Studds had a sexual relationship with a 17-year-old male congressional page. He publicly acknowledged being gay and was censured by the House for sexual misconduct.
Studds admitted an error in judgment but did not apologize, and in 1984 was re-elected with 56 percent of the vote.
MINNESOTA
MINNEAPOLIS (AP) – Support for same-sex legal unions in Minnesota has lessened among state residents over the past year, a new Star Tribune Minnesota poll found.
According to the poll, 52 percent of adults in the state oppose same-sex unions while 38 percent favor them. The opposition increased 10 percentage points over last year, the Star Tribune reported.
Critics say the survey reflects a nationwide marketing effort as conservatives and religious groups try to sway opinions on the issue.
“The way the conversation is being framed is not a good way for our democracy to make decisions. It polarizes the issue to such a degree that the conversation becomes really stilted,” said Ann DeGroot, executive director of OutFront Minnesota, which represents the state’s gay, lesbian, bisexual and transgender community.
The poll also found that 51 percent of those surveyed agree that a constitutional amendment is needed in Minnesota; 46 percent agree strongly.
The poll surveyed 832 adults from April 30 to May 4. The margin of sampling error is plus or minus 3 percentage points.
Sen. Michele Bachmann, R-Stillwater, who has been pushing for the constitutional amendment, said the survey shows that people are thinking about the issue.
“I think this tells us that people are recognizing that this has an impact on our children, our workplace, our places of worship, our schools,” Bachmann said. “This is more than an issue affecting a small percentage of the population. This has the potential for affecting everyone.”
Poll respondent Rick Schwantes, of Willmar, is a husband and father of two. He is a “not overly religious” Catholic and he said he considers himself a Republican but does not fall into the conservative ideologies.
But the 46-year-old Schwantes said there is no flexibility when it comes to same-sex legal unions. He also strongly supports a constitutional amendment against same-sex marriage.
“It’s a man-and-woman deal. There is a moral issue there,” he said “This country is founded on choice. They’ve made their choice; that’s the lifestyle they want to lead. But don’t push it any further than that.”
Forty-six percent of poll respondents said they strongly oppose the idea of legal unions. Sixty-two percent of greater Minnesota residents broadly oppose same-sex legal unions, as do 73 percent of poll respondents who identify themselves as Republican. Sixty-two percent of those 65 years old or older oppose it.
Among Minnesotans between 18 and 24 years old, 57 percent support legal unions, the poll found.
Much like the issue of abortion, there seems to be less middle ground as the same-sex marriage debate mixes religious beliefs with politics, said Rep. Nora Slawik, DFL-Maplewood. Slawik is opposed to same-sex marriage but believes a constitutional amendment is not needed.
“This is a struggle because supporting a constitutional amendment is now defined as a ‘Christian’ issue even though I might think that saying it’s OK to hate somebody is a very un-Christian position to take,” she said. “I wish there were a gray button to push.”
The House has approved a constitutional ban on same-sex marriage, but it remains unclear whether the proposal will be heard this year in the Senate. Senate Majority Leader Dean Johnson, DFL-Willmar, has indicated there is no need for a vote this year because the amendment would not be on the ballot until 2006.
MINNEAPOLIS (AP) – A church that granted Holy Communion to members wearing rainbow sashes on Pentecost Sunday will not be reprimanded by Archbishop Harry Flynn, a spokesperson for the Archdiocese of St. Paul and Minneapolis said.
A handful of St. Stephen’s members wore the multicolored fabric bands, according to members of the south Minneapolis Roman Catholic church and Brian McNeill, organizer of the Rainbow Sash Alliance.
The alliance has been encouraging supporters to wear the multicolored fabric bands each Pentecost Sunday since 2001 to show support to gay Catholics, but Flynn had told the group this month that they would not receive Communion because the sashes appeared to have become a protest against church teaching.
Archdiocese spokesperson Dennis McGrath said he had asked the archbishop if there would be repercussions for churches that granted communion to sash-wearing congregants. Flynn’s reply was no, McGrath said.
More than 150 alliance members were denied Communion at the Cathedral of St. Paul.
MISSOURI
COLUMBIA, Mo. (AP) – A former Columbia police officer was convicted of first-degree murder in the death of a gay college student with whom he had an affair.
The jury, brought in from Clay County, deliberated nine hours before convicting Steven Rios of slashing Jesse Valencia’s throat last June.
Rios, 28, was also convicted of armed criminal action and faces a mandatory sentence of life without parole for the murder conviction.
The jury recommended a 10-year term for armed criminal action. Formal sentencing was set for July 5.
Prosecutors said Rios, a married father, killed Valencia, 23, to keep him from revealing their relationship. Public defender Valerie Leftwich had contended that an affair was not proof of murder.
Valencia, who attended the University of Missouri-Columbia, was last seen at a party early June 5, 2004, in his neighborhood east of campus. A neighbor in the building reported hearing Valencia arguing with someone early that morning. The student’s body was found later that day in a nearby yard.
Rios met Valencia in April 2004, when he arrested the student for interfering with him and another officer as they answered a police call about a loud party. During his trial, he testified that their sexual relationship began that night.
Rios admitted that he lied about the affair, but claimed he was with co-workers when Valencia was killed.
The Columbia Daily Tribune reported on its Web site that the former officer’s wife, Libby, and her family issued a statement through their attorney. The statement expressed belief in Rios’ innocence and predicted his conviction would be overturned, the newspaper reported.
NEW JERSEY
NEWARK, N.J. (AP) – A judge’s ruling that a same-sex couple can sue for a loss of consortium could expand rights for gays and lesbians in New Jersey.
Superior Court Judge James S. Rothschild Jr. ruled that Judith Peterson and Linda Henry of Fair Lawn can continue their claim against St. Barnabas Health Care System, Clara Maass Medical Center and five individuals.
Henry, a former paramedic at Clara Maass in Belleville, claimed she was forced to endure a hostile work environment as a result of her gender and sexual orientation, and suffered retaliation after she reported misconduct by co-workers. Henry said those actions led her to suffer a heart attack and other health problems that led her to neglect Peterson, her partner of nine years.
In legal terms, loss of consortium is defined as the inability of a spouse to engage in normal marital relations. Up to now, only married couples have been permitted to sue for loss of consortium.
Peterson and Henry filed an affidavit of domestic partnership last August.
“The most important aspect of the decision is that domestic partners will no longer be treated as second-class citizens,” said Clark E. Alpert, a West Orange lawyer whose firm represents six plaintiffs including Peterson and Henry. “The intent of the Legislature and rationale of Judge Rothschild are that domestic partners have the same rights as other citizens.”
In his ruling, Rothschild cited part of New Jersey’s Domestic Partnership Act, passed last year, to justify broadening “the universe of plaintiffs” who are allowed to bring similar lawsuits.
OREGON
SALEM, Ore. (AP) – Two Republican senators who are sponsoring civil unions legislation are under fire from anti-gay rights groups and conservative activists.
Sen. Ben Westlund, R-Tumalo, and Sen. Frank Morse, R-Albany, are co-sponsors of Senate Bill 1000, which would allow civil unions for same-sex couples and outlaw discrimination based on sexual orientation.
The bill also has two Democratic sponsors: Sen. Alan Bates of Ashland; and Senate Majority Leader Kate Brown of Portland.
The Oregon Family Council, which was instrumental in the successful Measure 36 campaign that outlawed same-sex marriage, has sent postcards critical of both senators to voters in their districts.
And the executive board of the Deschutes County Republican Central Committee wants Westlund to explain his support of a measure that board members unanimously oppose.
“We’re very disappointed in him,” said Richard Morehead, the local party chair.
Westlund said he’s disappointed about a flip-flop by leading supporters of Measure 36.
“In the campaign by the proponents of Measure 36, it was very clear that civil unions were OK,” he said. “But now that 36 has passed, all of a sudden they’re not.”
Westlund said his position has remained constant: he supports banning same-sex marriage, but has also maintained that same-sex couples need an equal alternative.
Morse said the anti-gay rhetoric of several calls has helped cement his belief that the anti-discrimination bill is necessary.
“They haven’t changed my perspective,” Morse said of the postcards and phone calls. “I respect other people’s beliefs, but I happen to believe differently, and I think a majority of Oregonians do too.”
Both Morse and Westlund said that the mailings are generating some calls in support of the legislation.
A Senate committee held hearings on the bill, but has not scheduled a vote.
Tim Nashif, director of the Oregon Family Council, said the postcards are being sent statewide to people who would likely oppose civil unions.
“Our interest is to kill this bill,” he said. “We don’t like it and think it is bad public policy, and you can’t kill it just talking to only Westlund and Morse.”
His organization is supporting competing legislation that would create “reciprocal benefits” to allow any two adults in a household to secure certain rights, such as the ability to visit each other in the hospital.
Unlike civil unions, that alternative would not grant any legal recognition for same-sex couples.
Nashif said Westlund and Morse have attracted more scrutiny than Bates and Brown because most Republicans oppose same-sex marriage.
WASHINGTON, D.C.
WASHINGTON (AP) – A congressional panel has begun investigating whether the U.S. government has adequate safeguards to protect foster children used in federal research after an Associated Press story detailed the use of child wards in some AIDS drug experiments.
The House Ways and Means Committee’s subcommittee on human resources will hear testimony on the subject, saying its goal is to examine the policy of using foster children in research and “whether adequate protections are in place.”
“This hearing will explore issues surrounding the placement of foster children in clinical drug trials, including under what conditions participation is permitted,” said Rep. Wally Herger, the subcommittee’s chair.
“We are concerned about recent allegations involving the enrollment of foster children in such trials. This hearing will help us assess whether there is any substance to these allegations and if so, what response is appropriate,” he said.
AP recently reported that federally funded researchers have tested AIDS drugs on hundreds of foster kids since the late 1980s, oftentimes without providing an independent advocate, a protection afforded in federal law and required by some states.
The foster children – mostly poor or minority – received cutting-edge treatments at government expense, in some cases extending their lives. At the same time, they were exposed to risks without the benefit of an independent advocate to safeguard their interests.
WISCONSIN
LAKE GENEVA, Wis. (AP) – One Wisconsin teenager who had a prom night he’ll never forget is fighting a disorderly conduct ticket issued by police after he wore a black, spaghetti-strap dress and blond wig to the event.
“The only thing that Mr. Lofy did wrong was wearing a purse that didn’t match the dress and open-toed shoes before Memorial Day,” said Madison lawyer Erik Guenther, who will represent Kerry Lofy. “There’s just no rational basis for the citation and the school district in telling him beforehand that he couldn’t do it.”
The senior at Badger High School in Lake Geneva will plead not guilty and ask the city to dismiss the ticket, which carries a fine of $249, Guenther said.
Guenther said he would also advise Lofy, 18, to file a lawsuit against the school for violating his first amendment rights to free expression by telling him he couldn’t wear a dress and disciplining him for doing so.
Lofy was suspended for three days and ordered to miss his final track meet after wearing the dress to the May 7 prom and dancing in a sexually provocative manner, including lying on another student on the dance floor, school officials and police say.
Lofy says he is not gay but went to the prom with a gay friend who did not have a date. He had been warned by school authorities not to wear the dress. He was turned away at the door when he showed up in the dress, blue earrings, platform sandals and a necklace, and carrying a purse.
He returned an hour later in a leisure suit and was allowed to enter. During a risqué dance routine that caught the attention of the 400 people there, the 6-foot, 185-pound Lofy ripped off his clothes to reveal the dress, according to a police report.
He was escorted from the building by a police officer and served with the ticket when he showed up for school the following Monday.
Lake Geneva school district administrator Jim Gottinger said he was confident that the school’s dress code and rules for prom were appropriate and would be upheld in court.
He said most of the discipline was related to Lofy’s behavior at the event, and his insubordination for ignoring warnings about appropriate attire.
Gottinger refused to issue an apology, which Guenther demanded.
“I don’t see that we were in the wrong,” he said. “We think the attire for the prom is a formal event, and he not only wore a dress but a blond wig as well.”
Lofy, who plans to go to Colorado Mountain College in the fall and major in ski hill management, had indicated he wanted to fight the discipline but said he could not afford an attorney.
Guenther, a criminal defense and constitutional law attorney, said his Madison law firm, Hurley, Burish & Milliken, S.C., volunteered to represent him free of charge.
“This is a $250 ticket but if you don’t protect the fringes of free speech the next action is at your front door,” he said. “These acts cannot be tolerated.”
WYOMING
PINEDALE, Wyo. (AP) – The Sublette County Sheriff’s Department is investigating anti-gay slurs spray painted on the pickup truck of an openly gay Pinedale High School student.
Kourtney Kellen, 16 and a sophomore, said she discovered the vandalism when she left her house to give a friend a ride home.
Kellen said she has been open about being a lesbian, and that most people at school were OK with it, but that she’d recently had a disagreement with a boy in her class.
“It’s really uncool to hate on people for their preference,” Kourtney said.
She said the boy later acknowledged committing the vandalism and that his father had offered to pay for the damage to the truck.
Sublette County Sheriff’s Sgt. Dan Jensen said he couldn’t comment because the incident was still under investigation.
Kourtney’s mother, Sherry Kellen, said she was reminded of Matthew Shepard, a gay Laramie man who was beaten and left to die, and felt she needed to draw attention to the incident so that things wouldn’t go further.
“As a parent, I see that and immediately the Matthew Shepard incident comes to mind,” Kellen said. “I really think that people need to understand the consequences of these kinds of random acts and what they can perpetuate if they go unnoticed or get swept under the rug. It just perpetuates that this is OK.”
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