SAN FRANCISCO (AP) – A Catholic civil rights group sued the San Francisco Board of Supervisors for allegedly violating the separation of church and state by criticizing the Roman Catholic Church’s position on adoption by same-sex couples.

The Catholic League for Religious and Civil Rights sued in federal court after the board’s nonbinding but strongly worded resolution condemned a plea by the Vatican urging the bishop to stop facilitating adoptions to same-sex couples.

The resolution last month said that it was an insult to San Franciscans when the Vatican “meddles with and attempts to negatively influence this great city’s existing and established customs and traditions.”

The wording “conjures up the worst imagery of anti-Catholic bigotry,” said Bill Donohue, the Chicago-based league’s president.

The lawsuit asks a judge to find the board breached the First Amendment prohibition on governments restricting religious activities, an action Donohue acknowledged would be more symbolic than practical.

“What we would like them to do is send them a message that this kind of hate speech, which is designed to intimidate Catholics from engaging in public discussions, can’t be tolerated,” Donohue said.

HARTFORD, Conn. (AP) – The state Appellate Court has ruled a state statute on sexual assault involving stepchildren is unconstitutional because it seems to endorse gay and lesbian relationships.

The court, in a decision overturning the third-degree sexual assault conviction of a New Haven man, said the statute violated the 14th Amendment of the U.S. Constitution, dealing with equal protection.

The court ruled that the state law barring a stepparent from having sex with a stepchild of the opposite sex who is over 16 years old violates the equal protection rights because the state statute language does not prohibit the same relationship with a stepchild of the same sex.

“Under [the statute], sexual intercourse between a stepfather and stepdaughter is prohibited, but sexual intercourse between a stepfather and stepson is not,” Appellate Court Judge William J. Lavery wrote. “We can conceive of no rational basis for that distinction.”

The appeals court had overturned the conviction of the man, referred to only as John M., ruling there was not enough evidence that his wife was the girl’s biological mother, making him a stepfather. However, it went a step further in ruling that the sexual assault standard does not mention same-sex relationships and therefore is unequal.

Judge Barry R. Schaller agreed with the decision to overturn the conviction, but wrote in a separate opinion that his colleagues on the Appellate Court went too far in ruling the statute unconstitutional.

“As a reviewing court, our obligation is clearly to avoid unnecessary constitutional adjudication.” Schaller wrote, adding, “Our Supreme Court expressly has instructed that appellate courts should avoid deciding constitutional issues where possible.”

FRANKFORT, Ky. (AP) – A gay rights group asked Gov. Ernie Fletcher to veto state funding for a private Baptist university after a student claimed he was expelled for being gay.

The organization asked Fletcher to veto $11 million that Kentucky lawmakers approved early last week for building a pharmacy school and providing scholarships at the private University of the Cumberlands in southeastern Kentucky. Advocates hand-delivered a binder to Fletcher’s office containing hundreds of letters and e-mails supporting their request.

“Discrimination is on its face wrong. Funding it with state tax dollars is unacceptable,” said Christina Gilgor, executive director of the Kentucky Fairness Alliance. “Our tax dollars should not fund a religious institution that teaches by example how to discriminate.”

The General Assembly approved an $18.1 billion state budget April 11 that included $10 million for the university to build a pharmacy school on its Whitley County campus and $1 million for related scholarships.

The school in Williamsburg – part of Senate President David Williams’ district – has a policy against homosexuality.

Recently, Jason Johnson, a sophomore theater arts major from Lexington, has claimed he was expelled after posting on an Internet site that he is gay.

A university spokesperson did not immediately return a call seeking comment.

Fletcher, an inactive ordained Baptist minister, released a statement saying his administration “does not condone discrimination,” but he did not say whether he would block the school’s state funding.

“I was elected to defend the constitution as well as move Kentucky forward for every resident of the commonwealth,” Fletcher said in the statement. “I will stand behind my oath to continue to do so.”

Early last week, Fletcher revised Kentucky’s affirmative action policy to remove language that specifically protected gays and lesbians from discrimination in state government.

Both moves seemed as though Fletcher was playing to his “right-wing base,” Gilgor said.

“We hope that on both issues, the governor will realize the impact of his actions, take a stand against discrimination and represent all Kentuckians,” Gilgor said.

Martin Cothran, a spokesperson for the Lexington-based Family Foundation, said in a statement that as a private school, the university had the right to “set its own moral standards” for its student body.

“If students don’t want to abide by the college’s standards, then they are free to attend another college,” Cothran said. “In fact, we wonder why a gay student would want to attend a conservative Baptist college in the first place.”

Gilgor agreed the school “absolutely” had a right to “assemble its own student body.” But it should not have that right when it accepts state money, Gilgor said.

“Our tax dollars should not fund a religious institution that teaches by example how to discriminate in later employment, housing and public accommodation circumstances,” Gilgor said.

Nevertheless, other private colleges in Kentucky have received funding through a statewide scholarship program, Williams said. The university’s funding was contingent on the school gaining accreditation, he said.

Still, the school had a right to set its own policies, Williams added. People who don’t agree may attend college elsewhere, he said.

“I don’t think that it would be a particularly hard or cumbersome thing for someone who wanted to go to pharmacy school at the University of the Cumberlands to not talk about their private sexual behavior or not post it on the Internet,” Williams said. “It seems like that that’s not too much to ask.”

NORFOLK, Mass. (AP) – A prison officer faces punishment for showing the gay cowboy movie Brokeback Mountain to inmates at the state’s largest prison, a corrections department spokesperson said.

Massachusetts Department of Correction spokesperson Diane Wiffin said the officer, whose name was not released, had not followed standard procedure for screening the movie for excessive violence, assaults on correctional staff, nudity or explicit sexual content.

She would not reveal what discipline the officer could face.

“I want to make it clear, it wasn’t the subject matter – it was the graphic nature of the sexually explicit scenes,” Wiffin said.

The officer showed the movie, the storyline of which is based in Wyoming, at MCI-Norfolk, a medium security prison about 25 miles southwest of Boston. According to Wiffin, a deputy supervisor came in as the movie was showing and asked if the officer had screened it first. He said no. Since only 20 minutes remained of the movie, the inmates were allowed to see the end, she said.

Wiffin did not know how many inmates saw the movie and did not know of any other instance when a prison officer was disciplined over a movie.

AUBURN HILLS, Mich. (AP) – Some gay rights advocates are raising questions about a new Chrysler commercial that features a fairy who uses her wand to turn a tough-looking guy with a big dog into a pastel-clad man walking four small dogs on pink leashes.

DaimlerChrysler AG’s Chrysler Group introduced the “Anything But Cute” ad campaign last month to promote the new Dodge Caliber compact car, aimed at young buyers.

One of five ads is “Too Tough,” a 30-second spot that features the fairy. It was created by the Detroit office of BBDO Worldwide, part of Omnicom Group Inc.

Gay advocates say the transformed male character has stereotypically gay characteristics and note that “fairy” is a derogatory term for a gay man.

“This guy looks pretty gay to me,” said Jeffrey Montgomery, executive director of the Detroit-based Triangle Foundation. The group promotes rights for gay, lesbian, bisexual and transgender people.

“I’m willing to believe they didn’t intend it to be a gay man, but I don’t believe they’re shocked someone would draw that conclusion,” Montgomery told the Detroit Free Press.

The Internet-based Commercial Closet, which monitors marketing tactics that could be offensive to the GLBT community, was more critical of the ad.

“It directly finds humor with the term fairy, referring not just to the type that flies around with a magic wand, but also the universally recognizable gay stereotype of an effeminate gay man,” it said in an online review of the ad.

Chrysler said it has had an average number of complaints about the ad. It said the man is not intended to be gay and said the ads will keep airing.

“We’re kind of surprised that people are making a conclusion about someone’s sexual orientation based on the clothes they’re wearing,” said company spokesperson Suraya Bliss.

Northwestern University marketing professor Tim Calkins said it is hard to make an entertaining commercial without offending a particular group.

“The key is if you find an ad that’s offensive, then you have to respond and in some cases take it off the air,” Calkins told The Detroit News.

NEWARK, N.J. (AP) – The man responsible for enforcing the state’s anti-discrimination laws is being accused of bias against black employees by favoring whites, Latinos and gays when it comes to promotions and assignments.

A subordinate has filed notice that he intends to sue the state, alleging that J. Frank Vespa-Papaleo, director of the state Division on Civil Rights, harassed him because of his race and sexual orientation.

Assistant Director Philip Freeman, the division’s top black employee, filed the notice Feb. 3. The document, obtained by The Star-Ledger of Newark, complains of a “continuing violation of the New Jersey law against discrimination.” It also claims the state failed to investigate an internal discrimination complaint Freeman filed in December 2004.

The document, which is required to be filed before someone can sue a government entity, does not specify the alleged discrimination. But a March 2 memo by Freeman, also obtained by The Star-Ledger, alleges that Vespa-Papaleo reduced Freeman’s duties, paid him less than white co-workers and retaliated against him after Freeman complained about his treatment.

In the memo, Freeman said Vespa-Papaleo favored whites, Latinos and gays ahead of black employees.

Neither man would comment when contacted by the newspaper. A spokesperson for the state attorney general’s office, which oversees the civil rights division, did not immediately return a call seeking comment.

NEW YORK (AP) – Is ousted “American Idol” contestant Mandisa anti-gay?

The 29-year-old soul singer and outspoken Christian, who was voted off the hit Fox show earlier this month, says she would not perform at an event held in support of the GLBT community.

Mandisa, a native of Antioch, Tenn., told Advocate magazine, “Based on what I believe, I’m not an advocate for [being gay], so it’s nothing I would take part in.”

Still, she says in an interview on the magazine’s Web site, she’s “really upset” by speculation she endorses the ex-gay movement – a collection of Christian groups that seek to alter sexual orientation. The speculation stemmed from comments she made on the “American Idol” Web site praising author and speaker Beth Moore, of Living Proof Ministries. Moore’s Web site has links to groups such as Exodus International that discourage homosexuality.

“It broke my heart,” Mandisa says. “I live my life by the value system that you treat others the way you want to be treated. I let love be my guide. I absolutely hate no one.”

Long a favorite of “Idol” judges, she says her views “could have contributed” to her surprising elimination. “Idol” contestants are trimmed weekly based on fan voting.

“Honestly, I’m not sure,” she says. “I’ve heard a lot of different theories about what could have happened, and all of ’em sound pretty decent to me.”

SALISBURY, N.C. (AP) – Supporters of a club for GLBT students and their allies at South Rowan High School say they expect a legal challenge to the school board’s decision to ban the club and similar groups.

The county Board of Education voted unanimously earlier this month to “ban all sexually oriented clubs – gay, straight or otherwise – and to address any student’s emotional issues concerning sexuality with guidance counselors.”

Club supporters said the ban breaks the law and wouldn’t survive a legal fight.

“This is not the first time this has happened, and I think a lawsuit against the Board of Education is the way to challenge it,” said Mette Anderson, executive director of Time Out Youth, a nonprofit organization for gay, lesbian, bisexual and transgender youth in the Charlotte area.

“There has not ever been a case where a court has upheld” a school board’s decision to ban a Gay-Straight Alliance. “It is and always will be against the law,” Anderson said.

Students began trying to form the club at the start of this school year and succeeded in February, after Principal Ron Turbyfill reversed his earlier refusal to allow it.

Last month, the school board acknowledged that the alliance could form under board policy that allows clubs so long as they are not disruptive. But it made plans to revisit the issue in April.

The approved ban includes a clause that said sexually oriented clubs “materially and substantially interfere with the orderly conduct of educational activities in school.”

Chair Bryce Beard said he personally had nothing against the alliance, but could not justify allowing a club that so many people oppose.

“For the board to have approved that, it would give it a legitimacy,” he said. “We listen to the community and the community doesn’t want that in South Rowan.”

PHILADELPHIA (AP) – The owner of a gym popular in the city’s gay community avoided a boycott by agreeing to sell his portion of the business.

A group of gay and Democratic activists had planned to boycott Philadelphia’s 12th Street Gym to protest owner Bob Guzzardi’s financial support of Sen. Rick Santorum, R-Pa., and other conservative candidates and causes.

Guzzardi kept the situation from boiling over when he agreed to sell his share of the gym to co-owner Rick Piper.

Piper said the deal, effective next month, came in response to the pending protest.

Guzzardi declined to comment. Piper declined to disclose details of their transaction.

Santorum, who opposes same-sex marriage, angered gay rights groups in 2003 when he said states have the right to ban homosexual acts, just as they do incest, adultery, polygamy and “man on dog” bestiality.

About a dozen people gathered in front of the gym, one carrying a sign that declared the area a “Santorum-Free Zone.”

The proposed boycott had been organized by the Liberty City Democratic Club, an organization of GLBT activists; Philly for Change, a grassroots group that grew from Howard Dean’s 2004 presidential campaign; and Philadelphians Against Santorum, a group started by blogger Ray Murphy.

“We’re going to keep an eye out” to make sure Guzzardi divests from the business, Murphy said.

SEATTLE (AP) – The American Civil Liberties Union filed a federal lawsuit April 12 challenging the U.S. Air Force Reserves’ discharge of a decorated major and flight nurse who had been in a lesbian relationship for several years.

Maj. Margaret Witt, 42, of Spokane, was discharged last month, about a year and a half after the Air Force placed her on unpaid leave, telling her she could no longer take part in any military duties.

The lawsuit, filed in U.S. District Court, seeks an injunction barring Witt’s discharge and a declaration that doing so would violate her rights to engage in private activities without government interference.

Witt, most recently a flight nurse and operating nurse assigned to McChord Air Force Base near Tacoma, joined the Air Force in 1986, the ACLU said in a statement announcing the lawsuit.

She had been in what the ACLU characterized as “a committed relationship” with a female civilian from 1997 to 2003. ACLU spokesperson Doug Honig said that relationship has since ended.

During her 18-year career, Witt served in the Persian Gulf and received various honors, including the Air Force Commendation Medal for saving the life of a Department of Defense employee who had collapsed aboard a government-chartered flight from Bahrain.

No officer had been assigned the case, Honig said. A call to the judge advocate general’s office at McChord was not immediately returned.

The ACLU argued that Witt’s absence has harmed her unit’s morale, and that it comes at a time when the Air Force Reserves has a shortage of flight nurses.

“Major Margaret Witt has been an exemplary member of the military with a distinguished record of service,” said Kathleen Taylor, executive director of the ACLU’s Washington office. “To discharge her simply because of her sexual orientation is unfair and does not make our military stronger.”

SEATTLE (AP) – University of Washington men’s crew coach Bob Ernst has thrown two rowers off his team after they admitted painting an anti-gay slur on a fence outside a teammate’s home.

The two rowers were not identified.

“An inappropriate word was painted on a fence” in front of the 19-year-old’s house, and Ernst “took some very quick action and elected to remove those members for violating team rules,” Marie Tuite, the UW’s senior associate athletic director, told The Seattle Times.

The incident involving the non-varsity rowers occurred the night of March 25, when the Huskies’ best crews were in California at a regatta.

Athletic director Todd Turner, citing privacy regulations, refused to identify the disciplined rowers or their year at the university.

A police report said the victim suspected he was targeted because he was ill and missed a crew practice the previous morning. The victim also told police he had been outspoken about some of the hazing that freshmen undergo on the team.