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National News Briefs
Published Thursday, 01-Dec-2005 in issue 936
CALIFORNIA
Humboldt Board of Supervisors may lend support to same-sex marriage
EUREKA, Calif. (AP) – The Humboldt County Board of Supervisors will have a chance to publicly support same-sex marriage this month.
At its Dec. 6 meeting, the board is expected to vote on a resolution proposed by the county’s Human Rights Commission that would state the county’s opposition to federal or state bans on same sex-marriage.
A draft of the resolution posted on the advocacy group Equality California’s Web site states the county would support ending legal discrimination against same-sex couples in civil marriage in California and the United States.
“It’s supporting same-sex civil marriage as a human right,” said Byrd Lochtie of the county Human Rights Commission.
Todd Larsen of the group Queer Humboldt said the proposed resolution would be welcomed by the county’s gay and lesbian community after Gov. Arnold Schwarzenegger vetoed legislation that would have granted same-sex couples the right to marry.
“It’s symbolic, but the more support we show, the more it will whittle down Schwarzenegger’s resistance,” Larsen said.
COLORADO
School district settles lawsuit over gay student group
COLORADO SPRINGS, Colo. (AP) – Colorado Springs School District 11 has agreed to settle a lawsuit filed on behalf of students by the American Civil Liberties Union after the Gay-Straight Alliance group was denied certain privileges at Palmer High School.
The school board approved the settlement by a 6-1 vote. The district will pay $90,000 in attorney’s fees and fully recognize the alliance and other student groups not directly related to curriculum.
Alfred McDonnell, the students’ lawyer, said he was pleased with the settlement because it gives the club the same rights as others.
District lawyer Eric Bentley said the district didn’t believe it discriminated against the students, but decided to settle because the lawsuit was financially draining.
“The district defended the case all that time because it believed in the policy,” he said. “It’s simply become extremely expensive.”
Palmer High School had created a two-track system for student groups. Groups deemed to be related to the curriculum were allowed to use the public address system and post notices. Organizations deemed to have no direct connection to curriculum – including the Gay-Straight Alliance – could meet at the school but not use the PA system or post notices.
The federal lawsuit was filed in 2003, arguing the policy was discriminatory and other clubs not related to curriculum, such as the Mountain Biking Club, were given more privileges.
GEORGIA
Former Emory medical student pleads guilty to second and third HIV exposure case
ATLANTA (AP) – A former Emory University medical student pleaded guilty to two more counts of knowingly having unprotected sex without warning the victims he was HIV positive.
Garry Wayne Carriker was sentenced to two years in prison and eight more years on probation. The Fulton County sentence will be served concurrently with an identical sentence issued last month by a Fayette County judge for a separate incident.
Carriker must also serve 500 hours of community service after his release.
The fourth-year medical student and 2001 graduate of the U.S. Air Force Academy was charged under a little-used Georgia law that makes it a felony for people who know they have HIV to engage in sex without disclosing their status.
A lawsuit filed by John Withrow of Peachtree City said that Carriker learned he had HIV in June 2003. The lawsuit said the two men met in an Internet chat room in December of that year but that Carriker did not tell him he had the virus until their relationship ended after about four months.
Withrow contacted police and Carriker was arrested last year, sending a jolt through Atlanta’s gay community.
But after his arrest, prosecutors say he had unprotected sex with two more men in nearby Fulton County without telling them he had the virus.
“That demonstrates he had not learned a lesson or had become more aware of his responsibility,” said Erik Friedly, a spokesperson for the district attorney’s office.
Withrow said that although coming forward was difficult, he hopes more people are now aware of the law.
“No one should ever put another person’s life or health at risk – no matter what the level of risk may be,” he said.
His attorney said the case is a reminder that anyone – not just gay men – who believe their lovers knowingly exposed them to the virus have legal recourse.
“We’re happy that a message was sent to Carriker and anyone else who puts themselves in this situation,” said Adam Jaffe, who is representing Withrow in an ongoing civil case against Carriker. “If you shoot bullets into a crowd, you’re going to jail.”
ILLINOIS
Openly gay Food Network stars show hard work equals success
CHICAGO (AP) – It may seem like Steve McDonagh and Dan Smith won the lottery when they landed their own half-hour show on the Food Network after winning the station’s reality TV contest. But the two Chicago caterers insist their success wasn’t dumb luck.
“For us, first and foremost, it’s a job,” McDonagh said recently at his and Smith’s cozy restaurant, HB, located in a predominantly gay neighborhood in Chicago. “This wasn’t a scratch-off ticket. We worked for this.”
But it sure has been a whirlwind year for the on-and off-screen couple.
They have gone from owning a catering company – The Hearty Boys Caterers – to becoming Food Network celebrities with their own show, “Party Line with Dan & Steve.” The two also became parents earlier this year when they adopted their son, Nate, who is almost five months old.
About a year ago the couple entered “The Next Food Network Star” contest and were among the eight finalists chosen for the competition. In June, viewers picked them to win the grand prize: a six-episode pilot TV show on the Food Network.
“Party Line” debuted in September, featuring tips on how to host small parties and witty banter between the couple. Last month, Food Network rewarded Smith, 43, and McDonagh, 41, with 26 more episodes. The two, who are both self-taught, begin filming the episodes last December in New York.
“The show is interesting and familiar. It’s food with a twist,” McDonagh said. “We’re not trying to reinvent the wheel, we’re trying to make it more tasty.”
Bob Tuschman, Food Network’s senior vice president of programming and production, said the network has been “amazed” at the positive response they’ve received regarding “Party Line.”
“When you’re watching them, you feel like you’re in the kitchen with them having a cup of coffee,” Tuschman said. “People can smell a phony, and these guys are the real deal. Their fun is totally genuine, and it comes through on TV.”
The pair met in New York City about 20 years ago, when they both were trying to make a living as actors and worked as catering waiters to make ends meet.
In 1990, the two left New York. Smith headed to Maine where he taught himself to cook and McDonagh moved around a bit before coming to Chicago in 1993. Smith joined him in 1997, and a year later in their kitchen, the Hearty Boys catering business was born.
“We focused on the gay and lesbian community because it was our community,” McDonagh said. “If you are a same-sex couple, you wanted caterers in your home that you felt comfortable with.”
Their hip, yet down-to-earth catering business took off and expanded into a gourmet takeaway storefront.
And now, with the success of the Food Network show, that storefront has evolved into an upscale and homey restaurant.
“Now we have people coming from all over the country that come here to the restaurant,” Smith said. “We even found out that a bus tour takes pictures outside HB.”
They also have been receiving fan e-mail – especially from other same-sex couples and gay teens who tell them it’s affirming to see two gay men in a long-term relationship on television.
“We have a successful business, successful relationship and for people who feel disenfranchised, we’re connecting with them,” McDonagh said.
Tuschman also said Food Network has received a lot of positive response from people who said they were “surprised they don’t mind” that McDonagh and Smith are a couple.
“We’ve had lots of letters from middle America, from straight couples who say they like them … and like seeing a wonderful relationship,” on television, Tuschman said.
“They’re sort of hard not to like. They’re fun and caring people. They’re good souls,” he said.
The two are in no hurry to slow down as the year comes to an end. Along with filming their next “Party Line” episodes, they’re moving their catering kitchen to a bigger space about a mile north, developing a cookbook and hope to eventually roll out a Dan and Steve food product line.
“It’s amazing what one little TV show will do for you,” Smith said.
MAINE
Same-sex marriage push long way off, say advocates, observers
BANGOR, Maine (AP) – A push for same-sex marriage in Maine may be inevitable, but a campaign is still a long way off in the state, say gay rights advocates and some political observers.
Maine voters defeated a proposal to repeal the state’s gay rights law on Nov. 8. The referendum push was led by groups that see the anti-discrimination law as a step toward same-sex marriage.
Betsy Smith of Equality Maine, which supports the gay rights law, said her group considers marriage equality a “long-term goal,” perhaps stretching out over five to 10 years. But she has said the issue would not be advanced in the context of the gay rights vote.
“All of [Christian Civic League of Maine executive director] Michael Heath’s speculation about how we’re suddenly going to be knocking on the door of the Legislature is just not realistic,” Smith said. “But that doesn’t mean we won’t begin educating the Legislature and the voters why all Maine families deserve the same rights.”
Maine has a statute defining marriage as between one man and one woman.
Political scientist Jim Melcher of the University of Maine at Farmington said that politically speaking, the discussion on the marriage issue might best be left for another day. Melcher also said it would be wise for same-sex marriage supporters to let the idea of gay rights “sink in for a while.”
Tim Russell, legislative liaison for the Civic League, said that, because of the gay rights vote, he expects to see the marriage issue come up sooner rather than later.
“All it takes is one gay or lesbian couple to bring a lawsuit demanding that their civil right to marry be acknowledged,” Russell said.
Massachusetts is the only state that grants full marriage benefits to same-sex couples. Connecticut and Vermont offer civil unions. Maine has a registry for domestic partnerships, but they do not create marriages between couples.
MASSACHUSETTS
Same-sex marriage foes say they have enough signatures to put issue on ballot
BOSTON (AP) – Backers of a proposed state constitutional amendment to put a stop to same-sex marriage in Massachusetts said they have gathered almost twice the number of signatures needed to put it on the ballot in 2008.
Beyond the signatures, the proposal needs to be approved by two successive sessions of the state Legislature before it can be placed before voters.
The Massachusetts Family Institute and its online counterpart, www.voteonmarriage.org, said they will submit over 120,000 signatures by the deadline. The measure needs the support of 65,825 registered voters.
The proposed amendment seeks to undo a 2003 ruling by Massachusetts’ highest court that said gay and lesbian couples are entitled to marry. In May 2004, the nation’s first state-sanctioned same-sex marriages began taking place, and thousands of same-sex couples have since tied the knot.
The Massachusetts Republican Party and Gov. Mitt Romney, a Republican and potential 2008 presidential candidate, also supported the petition drive.
NEW YORK
Gay man in school embezzlement case asks judge to bar partner from testifying
NEW YORK (AP) – A gay man charged with helping his lover loot a wealthy school district has asked a judge to rule that state law protecting spouses from having to testify against each other also applies to same-sex partners.
Stephen Signorelli, fighting charges that he stole at least $219,000 from the Roslyn, N.Y., school district, is seeking to bar testimony by his longtime companion, Frank Tassone, the district’s former superintendent.
Auditors say that in all, $11.2 million was taken from the Long Island district. It is considered among the largest thefts from a U.S. school system.
Tassone pleaded guilty this year to stealing $1 million between 1996 and 2002. As part of his plea bargain, he agreed to testify against other defendants in the case, which meant he might have to take the stand in Signorelli’s trial.
In a motion filed before a judge in Nassau County, Signorelli sought to bar such an appearance, saying he and Tassone deserved the same protection as a heterosexual couple.
“Mr. Tassone and I have been loving partners for 33 years,” Signorelli said in an affidavit, adding that the two had participated in “a solemn religious ceremony” conducted while they were on a Caribbean cruise, “to memorialize our relationship and love for one another.”
The two also registered as domestic partners in New York City, where they live, in 2002.
“It’s our position that the statute should be read gender-neutral,” Signorelli’s attorney, Kenneth Weinstein, told Newsday. “If a heterosexual couple can assert marital privilege, then a homosexual couple should be able to do the same.”
Signorelli is charged with helping in the theft of at least $219,000 by submitting phony and padded invoices for the printing of school handbooks.
Weinstein and an attorney for Tassone did not immediately return phone messages left at their offices.
Prosecutors have yet to respond to the motion and Judge Alan Honorof has not indicated how he might rule.
Diocese dissolves church that protested gay bishop
ROCHESTER, N.Y. (AP) – The diocese has agreed to dissolve All Saints Episcopal Church in suburban Rochester and transfer its property and other assets to diocese trustees.
A majority of more than 200 delegates at a Rochester diocesan convention cast a voice vote to end their relationship with All Saints in Irondequoit. “It is so ordered,” Bishop Jack McKelvey said.
The church had refused to pay more than $16,000 it owed the diocese because it believes the diocese and the Episcopal Church of the U.S.A. shouldn’t have supported the 2003 ordination of a gay bishop in New Hampshire and given individual dioceses the right to decide whether to bless same-sex unions.
All Saints’ leader, the Rev. David Harnish, remains a priest in good standing with the diocese but has chosen to remain with All Saints. It was unclear how quickly the diocese will move to transfer the property.
Delegates agreed to establish a committee to look at starting “a mission congregation in Irondequoit or other appropriate community of the diocese.” In the meantime, All Saints plans to keep operating.
NORTH DAKOTA
Grievance hearing in UND choir director case delayed
GRAND FORKS, N.D. (AP) – The case of a University of North Dakota choir director who is fighting a recommendation to fire him has been delayed.
Assistant music professor Anthony Reeves contends that he was fired because he is gay and because of a recent attempt to adopt a 19-year-old student. UND officials accused him of unprofessional conduct in a series of incidents, including failing to maintain proper boundaries with students.
A hearing in Northeast Central District Court over Reeves’ challenge of the appeals process was postponed after Judge Joel Medd removed himself over a potential conflict of interest. Medd is the third judge to recuse himself for various conflicts in the case.
“Am I frustrated? Yes, I’m frustrated,” said Reeves’ lawyer, Henry Howe. “My client has a right to have his motion heard.”
Judge Karen Braaten was assigned the case, Howe said.
The court postponement cleared the way for Reeves’ grievance hearing to proceed later at UND. But a court reporter for the proceeding failed to show up, Howe said, so the hearing was rescheduled.
A faculty committee, made up of senior professors, will deliver a report to UND President Charles Kupchella after testimony in the grievance hearing is complete.
OKLAHOMA
Man sues ‘Wife Swap’ television show
MUSKOGEE, Okla. (AP) – An Oklahoma man has filed a lawsuit against producers of the “Wife Swap” television show, seeking $10.2 million for the problems he says he suffered after they sent a gay man to his home for the swap.
The reality television show usually focuses on two heterosexual couples that temporarily swap wives. Differences and problems in the households become the theme for each show.
Jeffrey D. Bedford of Haileyville, about 140 miles east of Oklahoma City, said the show misled him by sending a gay male to be his make-believe wife rather than a heterosexual female as he had expected. He is suing the ABC network; its owner, the Walt Disney Co.; and RDF Media Ltd., a television production company. The episode involving Bedford began shooting on Oct. 14, 2004, but hasn’t been aired yet.
The lawsuit filed in U.S. District Court in Muskogee said he became emotionally distraught to the point of becoming physically and mentally ill.
He said he was told by people associated with the show that his wife was leaving him. He said that he was told that if he did not film the show, they wouldn’t tell him his wife’s location or pay for her to be sent home.
“ABC is confident that RDF Media, the producer of ‘Wife Swap,’ treats participants professionally and with respect,” ABC spokesperson Annie Fort said. “The show is meant to challenge a family’s norms, and moreover, the agreement between the plaintiff and RDF specifically stated that the swapped spouse could be either male or female.”
VIRGINIA
Minister who denied membership to gay man returns to preach
RICHMOND, Va. (AP) – A Methodist minister suspended for denying a gay man membership to his Virginia church is back in the pulpit.
In a letter posted on the Virginia Conference United Methodist Church Web site, Bishop Charlene Kammerer announced the Rev. Ed Johnson’s return as senior pastor of South Hill United Methodist Church.
A cabinet of district superintendents considered sending Johnson to another house of worship, explained Carole Vaughn, communications director for the Virginia Conference. Pastors are appointed for one year at a time.
“They look at all the churches that are available, what the church needs and what the gifts of the pastor happen to be,” she said. “The cabinet felt that [South Hill] was the best choice.”
A woman who answered the phone at the rural church said “nobody’s making any comments” on Johnson’s return.
The Judicial Council – the denomination’s version of the Supreme Court – voted 5-3 to reinstate Johnson at its Houston gathering in October.
In June, conference leaders banished the pastor from the ministry for one year for turning away a homosexual attempting to join the congregation. The would-be parishioner later was identified in published reports as a man.
Leaders argued the actions violated the denomination’s doctrine of inclusion, encompassed in the national motto, “Open Hearts, Open Minds, Open Doors.”
Johnson appealed. Judicial council members ultimately ruled that the Book of Discipline empowers individual pastors – not conference leaders – to determine who can take the vows of membership.
Kammerer said a trained team of conference officials will soon visit South Hill “for facilitating healing and moving forward.”
A person who answered the phone at Johnson’s Brodnax home said he wasn’t there to comment.
The issue of gays and lesbians in the Methodist church is hardly resolved.
“[While] the judicial council has upheld his authority as pastor to determine memberships, the Council of Bishops has continued to say that the church is open to all people,” Vaughn said, pointing out that the conflict could recur at South Hill. “Conceivably, it could happen at any church again.”
Denomination leaders may tweak Book of Discipline rules concerning gays and lesbians at their 2008 general conference, which is scheduled to take place in Houston.
According to current denomination rules, the United Methodist Church will not ordain practicing homosexuals. Gays and lesbians are not, however, explicitly prohibited from becoming congregants.
WASHINGTON, D.C.
Supreme Court makes arguments available to news groups
WASHINGTON (AP) – The Supreme Court will release audio tapes immediately after argument sessions in upcoming cases involving abortion rights and a protest of the Pentagon’s “Don’t Ask, Don’t Tell” policy for gays, lesbians and bisexuals in the military.
Television cameras are barred from the court and reporters are not allowed to use tape recorders.
In major cases, the court releases same-day audio tapes, which were first used in response to news media requests in 2000 when the court heard Florida ballot recount appeals that determined the outcome of the presidential election.
The court announced that it had decided to follow the same procedure for the Nov. 30 argument about New Hampshire’s parental consent abortion law and the Dec. 6 argument in a case that asks if the government can withhold federal funds from colleges that bar military recruiters in protest of the “Don’t Ask, Don’t Tell” policy.
The court tapes each argument and usually releases recordings at the end of the term.
In recent years, same-day audio tapes have been allowed in cases about the government’s response to terrorism, Vice President Dick Cheney’s closed-door sessions to develop a national energy policy, affirmative action and campaign finance regulations.
These audio tapes are the first allowed since Chief Justice John Roberts took the bench.
The cases are Ayotte v. Planned Parenthood, 04-1144, and Rumsfeld v. Forum for Academic and Institutional Rights, 04-1152.
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