WASHINGTON, D. C. Feb. 28, 1997 -- Government statistics showing the first drop in the AIDS-related death rate is welcome news, but is tempered by the fact that the decline among African Americans was much lower than the average, according to the Human Rights Campaign.

"We are encouraged by the decrease in the overall mortality rate but clearly, much more needs to be done in the African-American community," said Winnie Stachelberg, HRC's legislative director.

The statistics, reported in Friday's issue of the Mortality and Morbidity Weekly Report, show a 13 percent decrease in the number of deaths from AIDS-related complications in the first six months of 1996. This is the first decline since the AIDS epidemic began in 1981. However, the mortality rate in the African- American community declined only 2 percent, and the mortality rate for women went up 3 percent during the same period.

"This demonstrates that more work needs to be done to ensure access to treatment, life-sustaining therapies and targeted prevention efforts," Stachelberg said.

For the last five years, the HIV infection rate has been going down, indicating that prevention efforts are working, she noted. The president's fiscal 1998 budget includes a $17 million increase for prevention, but "that is not enough," according to Stachelberg.

"Now that we are moving in the right direction, this is no time to retreat on AIDS," she added. "This good news also highlights the danger of the president's proposal to impose a per-capita cap on Medicaid recipients, which would threaten access to drugs and insurance for the needy."

The Human Rights Campaign is the largest national lesbian and gay political organization, with members throughout the country. It effectively lobbies Congress, provides campaign support and educates the public to ensure that lesbian and gay Americans can be open, honest and safe at home, at work and in the community.

COHEN URGED TO ENFORCE POLICY

The joint letter, initiated by Rep. Lynn Woolsey (D-Calif.), states that military commanders continue to subject military servicemembers they believe to be Gay to "selective criminal prosecution" and "witch hunts," despite the fact that the Pentagon's "don't ask, don't tell, don't pursue" policy prohibits such actions.

"We strongly believe that violations of the policy have continued because of a lack of leadership at the Department of Defense," the letter states. "It has failed to provide clear guidance to personnel and the public about what is and what is not allowed under the policy."

"As our new Secretary of Defense," the letter continues, "we urge you to bring this policy back to its original intent to protect Gays and Lesbians from abusive investigations. It is crucial that you make enforcement of the policy, including strong discipline for those who violate it, a priority during your tenure."

The House members signing the letter included 36 Democrats and three Republicans. Among them, in addition to Woolsey, are openly Gay Reps. Barney Frank (D-Mass.) and Jim Kolbe (R-Ariz.). The D.C. area representatives who signed the letter are Del. Eleanor Holmes Norton (D-D.C.) and Rep. Connie Morella (R-Md.).

Maj. Monica Aloisio, a DOD spokesperson, said Cohen would not comment on the letter until he sends a response to the House members who signed the letter. However, Aloisio said Cohen's views on the enforcement of the "don't ask, don't tell" policy, as he expressed them on Jan. 27 on the CNN television program Larry King Live, "still stand." Cohen stated on that program that he plans to enforce the policy and urged servicemembers to report to his office instances where someone in the military violates the policy.

Defense Secretary Says He Will Correct Treatment of Gays

Washington, D.C. - THE SAN FRANCISCO CHRONICLE February 27, 1997 --- Secretary of Defense William Cohen yesterday promised proper enforcement of the ``don't ask, don't tell'' policy on gays in the armed services after a report that showed rising harassment of gays and lesbians.

``I will do everything I can to see that it's stopped,'' Cohen said.

Servicemembers Legal Defense Network, a nonprofit group that gives legal assistance to gays in the armed forces, reported yesterday that the Pentagon discharged 850 men and women last year under the ``don't ask, don't tell'' policy, up from 722 discharges in 1995 and 597 in 1994. The increase since 1994 is about 43 percent. The group said that last year's rate of discharges is the highest since 1987 and that the Pentagon's actions left gays worse off than under the old policy that permitted the military to question service members' sexual orientation.

``The armed forces repeatedly excused or ignored prohibitions against asking, witch hunts and harassment,'' said Dixon Osburn, the group's co-executive director. ``The relentless pursuit of gay personnel has resulted in gay discharges that have soared.''

The ``don't ask, don't tell'' policy, implemented after a roiling controversy in the first year of the Clinton administration, was a compromise intended to preserve the official ban on gays in the military but end their active harassment. Gays and lesbians are permitted to serve, but not if they make their sexual orientation known or act upon it.

Cohen acknowledged that asking military personnel about their sexual orientation is against the law and added: ``We're going to enforce the policy.'' The Defense Department released a statement yesterday saying that officials have not yet had a chance to review the report but promised ``appropriate action'' if there is ``credible and specific information'' of violations of the new policy.

But the Pentagon also noted that more than half of the homosexual conduct discharges cited by the group were in their first months of training and 90 percent in their first term of service. Officials said the figures indicate that most discharges do not involve career officers, implying that new recruits may be declaring themselves homosexual upon deciding they do not want to stay in the military after all.

Michele Benecke, the Servicemembers Legal Defense Network co-executive director, said the Pentagon cited no evidence to back up that assertion. She also made reference to cases described in the group's report in which the armed forces are alleged to have conducted ``witch hunts'' and elicited information in plea bargains to investigate other troops.

Benecke said military commanders receive no training on how to enforce the ``don't ask, don't tell'' policy, citing a statement from a military official in one case saying ``further investigation may turn up credible information'' of homosexuality.

``Of course, that is exactly backwards,'' she said, noting that the policy requires credible information before an investigation. Benecke pointed to Bay Area native Nicole Galvan, 22, born in Benicia and living now in Union City, who said she was forced out of West Point last spring after her commander asked her whether she was a lesbian and when she refused to answer, seized her personal diary and e-mails as evidence. ``I felt violated and humiliated,'' Galvan said, adding that her female friends became afraid to talk to her for fear of being labeled lesbian, her roommates forced her to move to a different room, and male cadets called her ``dyke'' and other epithets on her way to class. ``My cadet life became unbearable,'' she said.

Galvan said West Point officials recommended that she leave based on the information from her journal and e-mails, and asked her to repay $100,000 in tuition for her three years of study while threatening to deny her course credits. (After the third year of study, cadets are obliged to serve in the military or repay their tuition costs). Galvan said appeals from her father met with no response. Galvan said she was allowed an honorable discharge with credits and no requirement to pay for her education after the Servicemembers Legal Defense Network intervened. ``Nikki Galvan never told,'' Benecke said. ``She was asked, and she was pursued under circumstances most Americans would find abhorrent.''

City & Region

Domestic partners bill is launched

A city councilman plans to introduce legislation requiring equal benefits for unmarried couples.

The Philadelphia Inquirer, February 27, 1997 --- Philadelphia City Councilman Angel Ortiz said he would introduce legislation today requiring employers and providers of housing and public accommodations to give unmarried homosexual and heterosexual couples the same benefits granted to married couples.

The mayor and City Council president promptly predicted that the legislation would fail.

Ortiz, who was flanked by more than a dozen religious and community leaders when he made the announcement yesterday, said he was confident of winning the nine votes necessary to pass the legislation.

But at least two council members who have been staunch supporters of domestic partnership legislation in the past, Happy Fernandez and James F. Kinney, said they would not support a bill that gave benefits to unmarried heterosexual couples.

Mayor Rendell said he would veto the legislation for the same reason. Rendell said his interest was in creating an equitable situation for homosexuals, who cannot marry.

Council President John F. Street said homosexual marriage should, indeed, be forbidden, and that by granting benefits to homosexual employees, the city would, in effect, be recognizing such unions.

Street said it would be ``frivolous'' to schedule a public hearing on the Ortiz bill unless one is requested by ``a significant number'' of council members. Without a public hearing, the legislation cannot be called for a vote.

Ortiz said his legislation includes heterosexual couples in order to ``take away aspects of intolerance and bigotry that have shaded the discourse on this issue to date. . . . This is the right thing to do and this is the time to do it.''

The bill would not seek to legalize gay marriage, but it would prohibit employers in the city from discriminating against domestic partners in granting workplace benefits.

The Ortiz bill would also allow city employees to designate their domestic partner as a beneficiary of their retirement policy. Currently, only spouses and children can be beneficiaries. And it would exempt domestic partners from the real-estate transfer tax on the same basis as married couples.

For a $25 fee, domestic partners could register with the city Department of Records, and they could terminate their relationship for another $25.

Nearly a hundred cities nationwide have adopted similar legislation, said Andrew Park of the Center for Lesbian and Gay Law, as have hundreds of Fortune 500 companies.

CHRISTIAN COALITION RESPONDS TO HRC'S LETTER ASKING FOR CONDEMNATION OF LESBIAN BAR BOMBING

Ralph Reed Calls the Incident An Act of Indefensible Terrorism and Cowardice'

WASHINGTON, D.C. (HRC) Feb. 26, 1997 -- Ralph Reed, executive director of the Christian Coalition, has responded to a letter from the Human Rights Campaign asking him to speak out against the bombing of a lesbian bar in Atlanta, just as he condemned a similar bombing last month at a women's health clinic.

"We commend Mr. Reed for speaking out in a way that is consistent with his response to other similar attacks," said HRC Executive Director Elizabeth Birch. "We hope this signals a willingness on his part to work toward protecting the sanctity of all American families, including gay and lesbian families."

Reed issued a statement to the media Wednesday calling the bombing of The Otherside Lounge on Feb. 21 "an act of indefensible terrorism and cowardice. It is the very antithesis of our humane and compassionate stand on behalf of the sanctity of the traditional family."

Reed went on to say that his organization has and will continue to speak "with words of reason and deeds of compassion against senseless violence and on behalf of the rights of all citizens to life. To commit such acts of violence in the name of God is rank hypocrisy."

Reed's statement came the day after Birch sent letters to him and Gary Bauer, president of the Family Research Council. She pointed out that both men had immediately condemned a similar bombing at a family planning clinic in Sandy Springs, Ga.

Bauer has not responded to Birch's letter.

The Human Rights Campaign is the largest national lesbian and gay political organization, with members throughout the country. It effectively lobbies Congress, provides campaign support and educates the public to ensure that lesbian and gay Americans can be open, honest and safe at home, at work and in the community.

After Prodding, Christian Coalition Condemns Bombing

WASHINGTON (AP) (2/26/97)-- A day after its silence was questioned by a gay-rights group, the Christian Coalition on Wednesday condemned as ``indefensible terrorism and cowardice'' last week's bombing of a predominantly gay and lesbian bar in Atlanta.

Christian Coalition executive director Ralph Reed, in a statement, said the conservative organization ``condemns as abhorrent and unacceptable the use of violence or terror to advance the pro-family cause or its values.''

``We urge all those involved in the often contentious disagreements over the family and the state of our culture to speak out for their values using what Martin Luther King called the weapons of love, not the weapons of violence and terror,'' Reed said.

Atlanta officials have raised the possibility that the bombing was related to a Jan. 16 explosion at an abortion clinic in suburban Atlanta, because the bombs used in the attacks were similar.

Elizabeth Birch, executive director of the Human Rights Campaign, sent a letter to Reed on Tuesday asking why the Christian Coalition had not rushed to condemn the bar bombing as it had to criticize the clinic attack.

``Today, some people of faith cite the Bible to justify abhorrence of gay people,'' Birch said in her letter to Reed. ``I urge you to join with other leaders in condemning this bombing and, I hope, fostering an America where it is unacceptable to vilify people because of their sexual orientations.''

In a response to Birch, Reed said he was traveling on Friday when the bombing occurred. Birch later commended Reed's statement and said she hoped ``this signals a willingness on his part to work toward protecting the sanctity of all American families -- including gay and lesbian families.''

Another organization often at odds with the Christian Coalition, however, called Reed's action hypocritical.

Barry Lynn, executive director of Americans United for Separation of Church and State, said the Christian Coalition through its publications promoted the sale of ``Legislating Immorality,'' a book that calls for the death penalty for homosexuals.

``Here is Ralph Reed selling hate literature ... at the same time he says that violence is never justified,'' Lynn said. ``I do not remember Martin Luther King peddling hate literature.''

Lambda Defends Gay Father in Ohio Custody Dispute

Chicago, IL Feb. 26, 1997 --- Seeking to ensure that child custody rulings are not affected by prejudice against lesbian and gay parents, Lambda Legal Defense and Education Fund will tell an Ohio state appeals court Thursday that a gay father should keep custody of his son because he is the best parent for the child.

After raising the child until he was 10, Herbert Inscoe, Sr., lost custody of his son Herbie to his former wife in 1995 solely for being openly gay. Substantial evidence showed that herbie was doing well living with his father, his father's partner and his half-sister.

Oral Argument in Inscoe v. Inscoe will be heard before a panel of three judge in the Fourth District of Ohio Court of Appeals on Thursday, February 27 at 9:30 a.m.

"Anti-gay prejudice should not be allowed to break up families," said Patricia M. Logue, managing attorney for Lambda's Midwest Regional Office in Chicago, who will argue the case. "Herbert Inscoe has proved to be a devoted father, and he, his partner, and his daughter provide a loving home for Herbie," Logue said.

In 1996, Lambda persuaded the Court of Appeals to restore custody to the father pending his appeal because Mr. Inscoe's ex-wife had denied him all visitation. He was threatened with violence and found his son living in deplorable conditions when he sought to enforce his right to visit his son.

Kim Kirkly, Lambda staff attorney, assisted Logue in the case. Rita Fuchsman of Chillicothe, Ohio, is the attorney for amici, the Ohio Human Rights Bar Assocation, the American Academy of Child and Adolescent Psychiatry, the Ohio Psychological Association, and the National Association of Social Workers, who filed a brief on lesbian and gay parenting issues.

CHICAGO GAY BENEFITS ORDINANCE PRAISED

"This ordinance is long overdue. Gay and lesbian city employees will finally enjoy the same benefits as their heterosexual coworkers," said Rick Garcia, director of the Illinois Federation For Human Rights. "Today’s American families are composed of a variety of relationships and living situations. We should recognize this and support those family units whatever their makeup."

Forty-fourth Ward Alderman Bernard Hansen introduced the domestic partnership ordinance with thirty co-sponsors on Wednesday, February 26. The ordinance was referred to council's Finance Committee and is expected to be voted on in early March. The ordinance enjoys the support of Chicago Mayor Richard M. Daley and needs only 26 votes in the council.

Increasing numbers of governmental bodies and corporations are extending domestic partnership benefits. Among those offering benefits to domestic partners are IBM, Coors Brewing Company, Levi Straus Company, Ben & Jerry’s, Apple Computers, Kodak, Disney, the University of Chicago, and the Village of Oak Park in Illinois.

"Benefits to domestic partners is an equal pay for equal work issue," noted Garcia. "For too long, gay and lesbian employees have not been treated fairly or equitably in the workplace. Full benefits for gay employees is long-overdue and is a simple matter of fairness."

CA Legislator with Gay Son Introduces Anti-Marriage Bill

By RICH HARRIS

SACRAMENTO, Calif. Feb. 26, 1997 (AP) --- A state lawmaker whose son is a homosexual reintroduced legislation on Wednesday that would bar California from recognizing gay marriages.

``I don't believe it's in the state's best interests to be redefining marriage, and when I say redefining I mean taking the words `one man and one woman' out of that definition,'' said Sen. Pete Knight.

Knight's bill, similar to failed legislation he introduced in the Assembly last year, faces an uphill battle in the Legislature, where Democrats are in control and the speaker pro tem of the Assembly is openly gay.

Knight's son, David, has publicly opposed his father's legislation, but Knight on Wednesday would say only that he and his son had agreed to disagree. He said any other questions about his family were irrelevant.

``There's no need to discuss that anymore,'' he said. And, in Washington state, the Senate on Wednesday failed to override Gov. Gary Locke's veto of a bill to ban same-sex marriage. The 26-20 vote to override fell well short of the required two-thirds majority.

House Speaker Clyde Ballard said the lower chamber would vote, possibly by Friday, on a bill to put the gay marriage ban before Washington voters as a referendum in November, bypassing the governor's desk.

Both legislative actions are prompted largely by a Hawaiian court's ruling, currently on appeal, that the state must grant marriage licenses to gay couples.

President Clinton in September signed the Defense of Marriage Act, which allows states to declare themselves off limits to same-gender marriages. Earlier this month Mississippi became the 17th state in the past year to ban same-sex marriages.

Republicans controlled California's Assembly when Knight's bill passed there last year. Democrats regained control last November, and Assemblywoman Sheila Kuehl became speaker pro tem - the No. 2 position in Assembly leadership. Kuehl presides over most Assembly sessions.

The Legislature's other openly gay member, Assemblywoman Carole Migden, chairs the Appropriations Committee, which hears all bills with fiscal effects. Kuehl and Migden led the battle against Knight's bill last year.

Kuehl, a former TV actress best known as Zelda on the early '60s series, ``The Many Loves of Dobie Gillis,'' said Wednesday she would do it again this year.

``Every time the bill comes up it's an opportunity for us to show again that this is a civil rights issue, and that the gay and lesbian community is a community already in long-term, committed relationships,'' she said.

Statement by Attorney General Janet Reno on the Bombing of an Atlanta Nightclub

"The bombing this weekend at the Otherside Lounge was another despicable act of domestic terrorism.

"The FBI and ATF, working together with othe federal and State authorities, have een exhaustively examining all evidence and pursuing all motives, including the possibility that the crime was motivated by the sexual orientation of the patrons at the club. We also are looking into the possibility that this incident is related to other bombing incidents in the Atlanta area.

"Although federal hate crimes statutes do not provide for the prosecution of offenses motivated by a victim's sexual orientation, existing statutes do provide penalties of up to life imprisonment for individuals who carry out bombings. And under President Clinton's 1994 Crime Control Act, if the cime was motivated by the sexual orientation of the victims, federal prosecutors can seek to increase any snetence imposed on the bomber.

"We will not rest until the perpetrators are brought to justice."

"Army of God" Among Two Claiming Bombing Responsibility

ATLANTA (AP) Feb. 25, 1997 --- A letter purportedly from a group called the Army of God claimed responsibility for bombings at an Atlanta abortion clinic and a gay nightclub, and threatened ``total war'' against the federal government.

The letter was one of two claims of responsibility for Friday's bombing at The Otherside Lounge, which injured five people.

Federal agents were examining a message left Saturday on the voice mail of the Phoenix-based Gay Community Yellow Pages that claimed that the ``Sons of Confederate Klan, S.O.C.K., a new neo-Nazi KKK organization from Los Angeles'' had bombed the club. The message did not mention the attacks last month on the abortion clinic.

The letter, which the FBI received Monday, promised future attacks on gays and also sought to set up a system to confirm claims of responsibility after future bombings.

``We're taking it seriously. We're looking into the validity of the letter and the claims that they're making,'' said Pamela Swanson, spokeswoman for the Georgia Bureau of Investigation.

FBI spokesman Jay Spadafore would not comment on the authenticity of the letter, which was mailed to The Atlanta Journal-Constitution and the Reuters news agency on Saturday and turned over to federal authorities.

The letter was handwritten in block letters on three pages of lined tablet paper, the newspaper reported, and said the Sandy Springs abortion clinic was bombed because of the ``murder'' of ``3.5 million children'' a year.

It said a second bomb that detonated 67 minutes after the first ``was aimed at agents of the so-called federal government,'' against which it threatened ``total war.'' The letter said Friday's bombing ``was aimed at the sodomite bar.''

James McMahon, brother of nightclub owner Beverly McMahon, was a California doctor who performed about 100 abortions a year before he died of cancer a year ago. Ms. McMahon said she doesn't believe the bomb was aimed at her because of him.

In Washington, President Clinton told an audience at a fund-raiser that everyone must fight hate crimes.

``The recent bombing of the gay nightclub in Atlanta reminds us that this work is not over,'' Clinton said. ``We have to stand against those things.''

Authorities are investigating possible links among the nightclub bombing, the Jan. 16 abortion clinic attacks and the bombing at the Centennial Olympic Park last summer.

``There were nails in some of the bombs in all three incidents,'' said Bobby Browning, spokesman for the Bureau of Alcohol, Tobacco and Firearms.

The abortion clinic bombings injured seven people; the Olympic Park bombing killed one person and injured more than 100 others.

The name Army of God, associated with an underground how-to manual on terrorizing abortion clinics, surfaced in 1982 with claims of responsibility for fires set at two Florida clinics.

The 70-page underground manual became widely known in 1993, when authorities found a copy buried in the back yard of Shelley Shannon, an Oregon homemaker imprisoned for shooting a Kansas abortion doctor and setting fire to several abortion clinics.

The people believed to have written the manual's five versions have all served prison sentences for violence against abortion clinics, said Morris Dees, a civil rights lawyer with the Southern Poverty Law Center in Montgomery, Ala.

Mary Ann Mauney of the Center for Democratic Renewal, which tracks hate groups, said she was leery of blaming the Army of God for the Atlanta attacks.

``I would want to see more evidence before I would give this credence,'' she said.

After Bombing, Lambda Meets with Atlanta Lesbian, Gay Lawyers

New York, NY February 24, 1997--- Calling last weekend's bombing of an Atlatna lesbian and gay nightclub "a cowardly, dispicable act of hatred," a Lambda Legal Defense and Education Fund attorney met Monday with local lesbian and gay lawyers to dicuss civil rights issues, including anti-gay violence.

"The bombing of a lesbian and gay bar was a cowardly, despicable act of hatred," Lambda Staff Attorney David Buckel said, adding that whatever the attacker's motives, "We will not be bombed back into the closet."

Buckel noted the similarities of the attack to the January bombing of an Atlanta-area women's health clinic. "Gay civil rights and women[s right to end unwanted pregnancies are linked by a commitment to freedom of sexual choice. That connection, plus the fact that the bar that was bombed is known to be popular among gay women, suggest that misogyny and anti-gay hate fueled this violence."

A powerful bomb filled with nails exploded February 21 on the patio of the Otherside Lounge, an Atlanta nightclub especially popular among lesbians. At least five people were injured. A second bomb was found in a backpack in a nearby parking lot and detonated safely. Officials have compared the attack to the January 16 clinic bombing as well as to the Olympic's Centennial Park bombing in July.

Buckel, who works extensively on issues concerning youth and anti-gay violence in schools, had been scheduled to discuss family law in a presentation to the Stonewall Bar Association of Georgia, but he expaned the focus of his talk following the weekend's bombing. Lambda, the oldest and largest lesbian and gay legal organization, will open a Southern Regional Office in Atlanta later this year, making it the first national gay organization with a presence in the South.

Lambda Executive Director Kevin M. Cathcart said, "Martin Luther King, Jr., warned that the fight for justice is often met by violence. No terrorist will deter our work toward achieving full recognition of civil rights for lebsians, gay men and people with AIDS and HIV."

Cathcart, who was to meet later in the week with Atlanta supporters, added, "There is much civil rights work to do in the Southern Region. We have no doubt that, just like the lesbian and gay community in Atlanta, Lambda will thrive in this region."

Lambda has offices currently in New York, Los Angeles and Chicago.

HRC ASKS CLINTON, CONSERVATIVE RELIGIOUS LEADERS, TO CONDEMN BOMBING OF LESBIAN NIGHTCLUB

WASHINGTON, D. C. Feb. 24, 1997 -- The Human Rights Campaign has asked President Clinton and leaders of conservative religious political groups to speak out against the bombing of a lesbian nightclub in Atlanta--a crime that appears to be motivated by bias.

"We must unite as a nation against these despicable and cowardly acts of terror against our citizens," HRC Executive Director Elizabeth Birch said Sunday. "Fair-minded Americans and our nation's leaders should speak out loudly and forcefully against these heinous crimes. Yet today, in response to an act of terror apparently targeting gay people, we continue to hear nothing from conservative political groups, whose rhetoric has been blamed for creating a climate in which these crimes continue. And we call upon President Clinton to exercise moral leadership and use the bully pulpit of the White House to condemn these acts."

Birch also praised the federal and local law enforcement response to the bombing Friday night of The Otherside Lounge, a lesbian nightclub in Atlanta. Five people were injured, including one who was hospitalized.

Federal investigators in Georgia speculated that Friday's explosion could be the work of a serial bomber also responsible for the bombing of a family planning clinic five weeks ago. They were less certain that these crimes were linked to the Olympic Centennial Park bombing last July.

Atlanta Mayor Bill Campbell called the nightclub bombing a hate crime and ordered extra police protection at other gay nightspots in the city.

"The quick and serious response from Atlanta Mayor Bill Campbell and federal and local law enforcement officials to the bombing is to be highly commended," said Birch. "Sadly, because gay men and lesbians and family planning institutions share common antagonists, it is imperative that the investigation continue to explore the possibility of bias motivation."

Birch's comments were echoed Sunday by HRC spokeswoman Candace Gingrich who, by coincidence, was in Atlanta attending an un-related conference.

"Where are the voices of condemnation? Where is our president's voice? Where is the voice of the Christian Coalition?" she asked at a rally called by community activists in Atlanta. She also demanded that her brother, House Speaker Newt Gingrich, R-Ga., speak out as he did after the clinic bombing. Later Sunday, Newt Gingrich issued a statement condemning the bombings as "inexcusable acts of terrorism that should outrage all Americans and cannot be tolerated."

On Saturday, Birch, HRC Legislative Director Winnie Stachelberg and Kerry Lobel, executive director of the National Gay and Lesbian Task Force, held a news conference in Washington, calling on the Justice Department to investigate the lesbian nightclub bombing as a bias-motivated crime.

The Justice Department is not mandated by federal law to investigate bias-motivated crimes based on sexual orientation in the same manner it is toward race, religion or national origin. "Clearly, crimes of this nature underscore the need to include sexual orientation in federal hate crime statutes," Stachelberg said.

The Human Rights Campaign is the largest national lesbian and gay political organization, with members throughout the country. It effectively lobbies Congress, provides campaign support and educates the public to ensure that lesbian and gay Americans can be open, honest and safe at home, at work and in the community.

HRC CALLS UPON JUSTICE DEPARTMENT TO INVESTIGATE ATLANTA LESBIAN NIGHT CLUB BOMBING AS A HATE MOTIVATED CRIME

WASHINGTON, D.C. - Saturday, February 22, 1997 --- At a news conference today in front of the offices of the Human Rights Campaign, Elizabeth Birch, the organization's executive director, strongly condemned the bombing of a lesbian night club in Atlanta, Georgia last night and called upon the Justice Department to investigate the bombing as a bias motivated crime.

Federal investigators on the scene have speculated that this could be the work of a serial bomber linked to the bombing of a family planning clinic five weeks ago, and possibly the Olympic Centennial Park bombing last July.

"Acts of terror against American citizens are despicable and cowardly acts. Hate clearly is a possible motive in these crimes and must be investigated as such. While the FBI is leading the investigation, we are calling upon the Justice Department to treat this as a possible bias motivated crime. The fact that this was a lesbian establishment clearly indicates that the gay and lesbian community is a possible target." said Birch.

According to federal law, the Justice Department is not mandated to investigate bias motivated crimes based on sexual orientation in the same manner they are toward race, religion, national origin, and color.

"Clearly crimes of this nature underscore the need to include sexual orientation in federal hate crime statutes," said Winnie Stachelberg, HRC's Legislative Director.

In addition, Birch called upon the leaders of conservative political groups to condemn this violence in the same manner they have condemned similar bombings.

"Within minutes of the bombing of the family planning clinic, Ralph Reed, executive director of the Christian Coalition and other conservative political leaders vehemently condemned the attack. Where are their voices now that a lesbian establishment was the target?

"We call upon Mr. Reed and his colleagues to speak out against this violence with the same passion and commitment he spoke out against other such acts of terror," she said.

Kerry Lobel, executive director of the National Gay and Lesbian Task Force also spoke at the news conference.

EXPLOSION ROCKS GAY BAR IN ATLANTA

The attack comes at a time of increasing anti-gay rhetoric. At least one anti-gay bill has been introduced each day in state legislatures thus far in 1997, according to a report recently released by NGLTF.

"As the extremist Right steps up its verbal and legislative assault, violence against gay, lesbian, bisexual, and transgender people is on the rise," said Kerry Lobel executive director of NGLTF. "What begins as rhetoric, can often have tragic consequences."

Atlanta police said this bombing, the fourth to strike the city in seven months, has similarities to a January double-bombing at an Atlanta abortion clinic and the deadly July attack at the Olympic Games. All are thus far unsolved.

"We encourage FBI and local law enforcement officials to do everything in their power to solve these bombings," Lobel continued. "They are acts of cowardice, that strike out against innocent bystanders. "

NGLTF has written to President Clinton, Attorney General Reno and FBI Director Freeh, to alert them of the incident and call for their action.

"My purpose in writing you, Mr. President, is to echo concerns we have voiced to you earlier about the rising rhetoric of hate in this country and its devastating results," wrote executive director Kerry Lobel in a letter to the President dated February 22. We ask you to speak out loudly against this crime, as you did in double-bombing of the women's health clinic, deadly attacks at the Olympic Games, and burnings of black and multi-racial churches. The time has come for people of good will from all across America to speak out against hate in our country."

In another letter to Attorney General Janet Reno, NGLTF's Lobel asked the Department of Justice to closely monitor the situation, and, if necessary, lend assistance to local law enforcement authorities "to ensure the collection of all needed information to determine whether or not this was a hate crime."

Georgia civil rights and hate crimes laws do not include sexual orientation. The state also has a same-gender sodomy law. According to executive director Lobel, "Today we stand with Georgians who are working every day to fight against discrimination and for their civil rights. Like them, we will not rest until this bomber is brought to justice."

NGLTF urges anyone with information to call FBI and Bureau of Alcohol Tobacco and Firearms hotline at 1-888-ATF-BOMB.

Washington Governor Vetos Gay Marriage Ban

Locke said today (Friday) that he opposes `"any measure that would divide, disrespect or diminish our humanity."

He said, "Our overarching principle should be to promote civility, mutual respect and unity, and to reject hate, violence and bigotry. This legislation fails to meet the test."

President Clinton signed the Defense of Marriage Act last tear, allowing states to ignore same-sex marriages that are legally recognized in other states. The law also denies same-sex spouses the federal rights and benefits provided to opposite-sex spouses.

But Locke says prohibiting recognition of marriages legally performed in other states violates the U.S. Constitution.

No state currently allows same-sex marriages.

But in a historic case now under appeal in the Hawai`i Supreme Court, a judge recently ruled that gay and lesbian couples can legally obtain marriage licenses in that state because there is no compelling reason for prohibiting same-sex marriages.

To date, 17 states have passed legislation either banning or prohibiting recognition of same-sex marriages.

Last year, 21 states rejected, vetoed or failed to advance similar legislation.

Gay Marine Gets An Honorable Discharge

RALEIGH, N.C. (AP) Feb. 21, 1997 --- A Marine who announced he was gay on national television the same day President Clinton announced his ``don't ask, don't tell'' policy was given an honorable discharge and retirement benefits to settle his lawsuit over the rule.

``I think what we've proved is that a Marine who happens to be gay can serve just as well as a Marine who's straight with no detriment to morale or lack of mission operation,'' said Sgt. Justin C. Elzie, a medical supply clerk at Camp Lejeune in Jacksonville.

Elzie, who received his walking papers Thursday, said he got a $30,000 check as part of his retirement benefits.

Elzie, 34, had already been accepted into an early retirement program when he declared on ABC's ``World News Tonight'' that he is gay. His announcement came on Jan. 29, 1993, the same day that President Clinton agreed to the policy on gays in the military.

That February, the Marine Corps placed Elzie on standby reserve and tried to deny him early retirement and discharge him without benefits. He sued the military in September 1993, and a month later, a federal judge ordered him placed back on active duty.

Elzie's lawyer, Christopher Sipes, said the honorable discharge after 15 years of service is part of last month's settlement of the lawsuit.

``Everybody here is satisfied that the matter has been settled in a mutually agreeable manner that would avoid any further delay, expense or inconvenience for any of the parties involved,'' said 1st Lt. Charles E. Campfield, a base spokesman.

Campfield said the case was isolated.

Anti-Gay Comments Cost Lobbyist His Job

A Republican legislative staff member in the Assembly until Democrats regained control in November, Timothy Bittle began working at the association four days after the column was published in the Vacaville Reporter last month.

Bittle said yesterday he was terminated effective next week but declined to say why.

However, the firing occurred the same day The Chronicle reported the controversy that had become an issue in the Legislature and among water agencies.

In his column, Bittle said Democrats ``for the sake of . . . appearing moderate'' elected Cruz Bustamante, D-Fresno, as speaker of the Assembly in December.

``But everyone knows that the day-to-day business of the Assembly is conducted by the speaker pro tem, and this post was given to Sheila Kuehl, an openly homosexual liberal from Santa Monica.''

He added that the powerful job of chairing the Appropriations Committee went to ``Carole Migden, an openly homosexual liberal from San Francisco.'' Bittle's column quickly undermined his effectiveness as a lobbyist.

Migden announced that he would not be welcome in her office because the column reflected an intolerance for lesbians and gays that was unacceptable.

``It was personalized and unprovoked,'' she said. In addition, some public water agency board members threatened to demand Bittle's removal as one of their representatives in the Capitol because of his views.

Lambda Defends Use of Student Fees for Lesbian, Gay, Bisexual Campus Group

Chicago, IL February 20, 1997 --- Lambda Letgal Defense and Education Fund is urging a federal appeals court to reverse an inflammatory ruling that drastically limits the use of a university's mandatory student fees for student groups deemed too "political or ideological," such as lesbian and gay campus organizations.

In a friend-of-the-court brief to the U.S. Court of Appeals for the Seventh Circuit, Lambda called for rejection of "this latest attempt to silence miniority expression on college campuses."

The case concerns a federal trial court ruling that the University of Wisconsin-Madison (UW) must refrain from using mandatory studnet fees to fund groups with "political or ideological" views disagreeable to some students.

On behalf of a lesbian, gay and bisexual student group, Lambda argued that neithe courts nor students should be allowed to infringe on funding that supports a constitutionally protected "limited public forum" for free speech. The forum in this case is the system for subsidizing student-sponsored organizations that engage in First Amendment activity at the university.

UW's system of fostering diverse groups and expression at the school is replicated at the vast majority of public universities across the country, making the case, Southworth v. Grebe, significant for students' First Amendment rights nationwide.

Patricia M. Logue and Ruth E. Harlow are Lambda attorneys for this amicus, the Lesbian,Gay and Bisexual Campus Center, and filed their brief Tuesday. The defendant, UW Regents, is now appealing the decision won by three UW law students. The law students are represented by the Alliance Defense Fund, a Christian legal advocacy group.

On November 29, 1996, U.S. District Judge John Shabaz ruled that UW students may insist that their mandatory activities fees not fund student groups whose views they do not share. As an example of a group meriting de-funding, Shabaz singled out the Lesbian, Gay and Bisexual Campus Center, describing its function in politically charged terms by saying it is "primarily concerned with advancing the homoseuxal agenda and promoting pro-homosexual political activism."

In fact, the Center provideseducation on lesbian, gay and bisexual histories, cultures, health, and politics, with support services and social and cultural programs. It advocates for a more pluralistic university environment and better relations among students and student groups.

Nothing the judge's choice of words, Logue said, "The term 'homosexual agenda' is a rhetorical device that is often used by gay civil-rights opponents to denigrate claims to equal treatment and respect. It is unfortunate that the judge would characterize the Center's work in these terms."

Just prior to issuing this ruling, Judge Shabaz presided over Lambda's trial for Jamie Nabozny, the Wisconsin gay man who received a nearly $1 million settlement after a jury found school officials liable for the anti-gay abused he suffered while a student. Logue, who is managing attorney for Lambda's Midwest Regional Office in Chicago, argued Nabozny's case before the Seventh Circuit and represented Nabozny at trial before Judge Shabaz.

Lambda itself joined the Center as an amicus because Lambda lawyers often are invited to campuses, including UW's to speak about civil rights for lesbians, gay men and people with HIV/AIDS.

"Education is about exposure to different points of view. No one is served by silencing provocative speech and minority viewpoints," said Harlow, Lambda's managing attorney at its New York headquaters. She added, "Three students who do not value this aspect of their education should not be allowed to silence other voices and harm the entire university community."

HOUSTON CITY COUNCIL ELECTION UPDATE:

GAY-SUPPORTIVE CANDIDATE WINS

Houston, TX Feb. 20, 1997 --- Houston lawyer Chris Bell won Saturday's special election to fill a vacant at-large City Council seat in a race against an African-American minister who emphasized Bell's support of domestic-partner benefits for City of Houston employees. Bell's opponent, the Rev. James W.E. Dixon II, initially sought the endorsement of the Houston Gay and Lesbian Political Caucus (HGLPC), then made an issue of Bell's support of dp-benefits when the gay caucus endorsed Bell.

Bell won 55-percent of the vote in an election largely split along racial lines, with the support of white fiscal conservatives as well as several liberal organizations, including the HGLPC. Dixon's anti-gay stance, however, failed to draw white social conservatives into his camp.

Bell said his endorsement from the HGLPC was rooted in his support for a variety of issues of interest to gays, such as extending health insurance and other benefits to domestic partners of city workers.

But Lee Harrington, former president of the Houston Gay and Lesbian Political Caucus, speculated that gays turned out in force for Bell in the low-turnout election because black ministers opposed a 1984 city law that protected gay city workers against job discrimination. It was repealed in a 1985 referendum.

Harrington expressed concern about the strong reaction against Dixon in the gay community. "Something has to be done to bridge this gap between black ministers and gays," Harrington wrote in a prepared statement to the news media.

Bell pledged to concentrate on issues affecting minority residents. "I want to reach out to their concerns and make sure they realize they haven't lost a voice on City Council," Bell said in an interview.

Air Force Sued Over Policy on Gays

PHILADELPHIA, PA - THE NEW YORK TIMES February 20, 1997 --- When John Hoffman told his supervisor at the Air Reserve Station in suburban Willow Grove last year that he was gay, it did not occur to him that he could be discharged from the Reserve and also lose his his full-time civilian job as a mechanic on the base.

But that conversation, which Hoffman thought was private and between friends, caused him to lose both positions.

Lawyers from the Pennsylvania chapter of the American Civil Liberties Union who are representing Hoffman say that while Air Force officials may have been able to discharge Hoffman, a Gulf War veteran, from the Reserves under the military's "don't ask, don't tell" policy, they discriminated against him when they dismissed him from the civilian post.

Hoffman is suing to get the civilian job back. His lawyers say that the case, to be filed in Federal District court here on Thursday, is a test of how the Department of Defense can treat civilian employees who admit that they are homosexuals. The Pentagon has no policy prohibiting discrimination against civilian employees because of their sexual preference.

"Our feeling is that they did not like John's homosexuality," said Stefan Presser, legal director at the American Civil Liberties Union of Pennsylvania and Hoffman's lawyer. "They wanted John off the base."

"Under the Constitution, he has a right to define himself as a sexual human being," Presser said, "and then if he so chooses, he has a right to tell the world."

But Air Force officials said that they did not discriminate against Hoffman when they dismissed him from his civilian job maintaining C-130 transport planes.

Maj. Bill Wells, the Air Force lawyer handling the case, said that officials were following the rules. The base officials were legally entitled to discharge Hoffman from the Reserves and because being a reservist was a condition for holding the civilian job, the Air Force had to dismiss him from that job as well.

Wells added that there were many civilian Air Force employees who were openly homosexual, including at least one at Willow Grove.

After the settlement of a harassment case in 1994, Presser said, the Navy created a policy that prohibited discrimination against civilian employees based on their sexual preference. But the Air Force and the other military services do not have similar policies.

Hoffman, 51, is married and has eight children. In September 1995, he said, he told his supervisor and longtime friend, that he was gay.

Afterward, his homosexuality became known to most employees. Hoffman said that his work was not affected and that he was even placed in a temporary supervisory position. But in April 1996, Air Force officials stripped him of his weekend military pay and his Reserve uniform and told Hoffman that pending the completion of an investigation he would be discharged as a reservist.

Because he did not want to lose his pension and other retirement benefits, Hoffman decided to retire from the Reserves before being discharged. But no one explained to him, Hoffman said, that he would lose his civilian job if he did so.

Air Force officials dismissed Hoffman from the civilian job in July. He said that when he pointed out that other civilians had kept their jobs even when they lost their Reserve status he was told that such an option was available only to those who had involuntarily been forced to resign or retire from the Reserves. And, when he applied for a civilian security job on base that did not require that him to be a reservist, Hoffman said he was told he did not qualify even though he had spent 15 years as a Philadelphia police officer.

But Wells said that the security job required a person who had supervised police officers for at least one year. Wells said that Hoffman's supervision of mechanics -- including mechanics at a base in Jordan during the Gulf War -- did not qualify him.

LEGISLATURE 1997: Veto pen ready for gay marriage ban / Locke says he will strike bill passed Friday because it is divisive

The House approved the measure - Senate Bill 5398 - on Friday after more than an hour of debate. The vote was 63-35. It passed in the Senate Wednesday, 33-15. Locke said Wednesday he opposes the same-gender marriage ban because it only puts into statute what the courts have already banned. He said debating a bill to make illegal what is already illegal is divisive.

The normally reserved governor pulled a red pen from his pocket during a news conference and waved it while saying: "I have this little red pen here, and we'll review the legislation when it reaches our desk."

Governors traditionally use red ink to veto bills or sections of bills. Locke could veto two bills next week. He has suggested that a bill to reduce growth in property taxes is coming too soon in the session and would preclude tax reductions that favor homeowners over industrial and commercial property owners.

But should the Democratic governor veto the same-gender marriage bill, sponsors have promised to reintroduce it with a section to bypass Locke and send it directly to the November ballot. Governors have no say over bills with referendum clauses.

Proponents of SB 5398 acknowledged that state courts have made same-gender marriage illegal in Washington. But they want to put it into the law books for two reasons.

First, courts can change previous decisions - especially decisions reached as long as 23 years ago, like the gay-marriage ban.

Second, the bill would allow the state to reject same-gender marriages that might be approved in other states. Hawaii's lower courts have ruled that the state's ban on same-gender marriages is unconstitutional. The case is on appeal.

Rep. Larry Sheahan (R-Rosalia) said the bill is in response to the federal Defense of Marriage Act, which allows states that define marriage as being between a man and woman to reject same-gender marriages allowed in other states.

"If we remain silent we could be forced to change this fundamental institution," Sheahan said. "Any decision to change will be made by the people of this state."

"It's not a bill of hate," said Rep. Bill Thompson (R-Everett). "It's not meant to be divisive. We really think it's necessary to protect the institution of marriage."

Thompson, the prime sponsor of a similar House bill, said the actions of the Hawaiian courts raised an issue he didn't want raised. But since it was raised, 18 other states have passed bans.

"It is not our intention to go out looking for a fight," he said. "It is a case of trying to do our best to protect the institution of marriage as we see it."

But Rep. Ed Murray (D-Seattle) said the arguments used to support the bill during a House committee focused more on homosexuality than on marriage. Murray, who said he assumes he's the only homosexual in the Legislature, said witnesses referred to gays and lesbians as "not normal, broken, dissatisfied, wicked, permissive, sinful and on and on and on."

Others linked homosexuality to pedophilia, disease, increased crime and even to lower SAT scores, Murray said.

"That's what discrimination sounds like and that's what bigotry feels like," Murray said.

And he was critical of Republicans because not one stood up against these "slanders on gay and lesbian citizens - not just my constituents, but your constituents, too."

Rep. Mary Lou Dickerson (D-Seattle) rejected the argument that the bill supports marriage and that homosexual relations threaten heterosexual marriage.

"I don't get it," Dickerson said. "Where is the threat? Who's marriage is being threatened? Who on this floor will stand up and say their marriage is being threatened by gays and lesbians?"

Rep. Jeralita Costa (D-Marysville) accused proponents of the bill of "heterosexism."

And Rep. Dawn Mason (D-Seattle) said the bill had only one effect: "It makes wonderful people say horrible, horrible things."

Only one Republican in either house voted against the measure - Rep. Don Carlson of Vancouver. Eight Democrats joined with Republican majorities in the House. Seven Democrats voted for the bill in the Senate.

The House voted 63-35 Friday to approve and send to the governor SB 5398, banning same-sex marriages.

Federal Appeals Court in Seattle Upholds Military Ban on Gays and Lesbians

In a 2-to-1 split that produced three separate opinions, the Ninth Circuit U.S. Court of Appeals in Seattle said the so-called "don't ask, don't tell" ban on gay troops did not violate the Constitution's equal protection and free speech guarantees.

The American Civil Liberties Union, which argued the case last March, immediately criticized the ruling, saying that the court failed to capture the central issue of discrimination in the case.

"We're disappointed that the court chose to let the military continue wasting good people just to satisfy some people's discomfort with gay service members" said Matt Coles, director of the ACLU's Lesbian and Gay Rights Project. "The court failed to grapple with the core issue in this case. Creating separate rules of conduct just for lesbians and gay men to accommodate the discomfort of others is unconstitutional."

"The court was so badly fractured that the only thing the judges could agree upon is deference to the military," Coles added. "We will decide over the next several weeks whether to appeal this ruling. In the meantime, the ACLU will continue its other efforts to overturn the ban."

The case was filed on behalf of former Navy Petty Officer Mark Philips, a decorated nuclear mechanical operator who received, among other commendations, a Bronze Star for his service in Desert Storm aboard the aircraft carrier U.S. Nimitz.

Philips came out to his superiors in December 1992 and while responding to questions from the ship's legal officer said he has had intimate relationships with men off-base (none of whom were in the military) and would continue to do so in the future.

That statement placed his case on a different track from other challenges by focusing the legal questions on the "conduct" portion of the ban -- the provision of the law that creates special requirements for lesbians and gay men to remain celibate. Previous challenges dealt mainly with the "statement" portion of the law, which forbids gay troops from saying anything that might suggest their true sexual orientation.

The ACLU is involved in other major challenges to the military's current ban. In New York, the ACLU is joined by Lambda Legal Defense in the first case to challenge both the "conduct" and "statement" portions of the law. That case, Able v. USA, is pending before a federal district judge in Brooklyn.

The ACLU has also filed friend-of-the-court briefs in two other "statement" cases pending before the Ninth Circuit U.S. Court of Appeals: Holmes v. Perry and Watson v. Perry.

Philips, who was discharged from military service in April 1995 when the district court refused to grant a preliminary injunction, continues to live in Seattle.

Mississippi Outlaws Gay Marriages

JACKSON, Miss. (AP) Feb. 13, 1997 --- Gov. Kirk Fordice denounced same-sex relationships as ``perverse'' Wednesday as he signed a law making Mississippi the 17th state in a year to ban homosexual marriages.

``For too long in this freedom-loving land, cultural subversives have engaged in trench warfare on traditional family values,'' Fordice said.

Mississippi's law also denies recognition of homosexual marriages performed in other states.

And Fordice said the law would ensure that gay couples do not enjoy benefits of marriage such as health insurance. ``Insurance benefits for dependents were never intended for perverse relationships such as the same-sex marriage,'' he said. ``They were intended for traditional families.''

State Rep. Jim Evans, one of three lawmakers who oppose the bill, said the governor should ``be giving it a second thought before he begins to moralize right now.''

Fordice is recovering from injuries suffered in a car accident 14 weeks ago while returning from lunch with an unidentified woman in Memphis, Tenn. His wife, Pat, was out of town. The governor said he has no memory of that day.

Mississippi lawmakers were responding in part to a gay rights case in Hawaii, which is appealing a judge's ruling that the state must grant marriage licenses to gay couples.

``The whole nation has felt threatened by the actions in Hawaii,'' Fordice said.

The American Civil Liberties Union is considering challenging some of the state laws banning gay marriage, said Mississippi ACLU executive director David Ingebretsen.

``It's just another expression of intolerance,'' Ingebretsen said. ``Mississippi has a history of intolerance of people of different colors, different beliefs and people of different sexual preferences.''

Also Wednesday, Washington moved a step closer to becoming the 18th state to ban homosexual marriages. A bill banning same-sex marriages passed the state Senate by a veto-proof majority, and now goes to the Republican-controlled House, where it was expected to pass.

Like Mississippi's law, the proposal says gay marriages performed outside the state would not be recognized.

City of Los Angeles Settles Lawsuit with Gay Demonstrator Beaten by LAPD

LOS ANGELES, CA --- A gay man who was beaten by a Los Angeles police officer during a 1991 civil rights protest against Governor Pete Wilson, today accepted a record settlement of his anti-gay policy brutality lawsuit with the City of Los Angeles.

Lambda Legal Defense and Education Fund. with the ACLU Foundation of Southern California as its co-counsel, negotiated the settlement on the eve of trial, with the city promising to pay their client, Peter J. Mackler, nearly $90,000 and require reforms for the Los Angeles Police Department.

Jon W. Davidson, Lambda Western Regional Office supervising attorney and lead counsel in the case, said. "This lawsuit was about a brave gay man standing up for his rights and saying, `I'm not going to take it anymore.' The City's willingness to settle vindicates Peter's courage in taking that step."

Speaking at a news conference held at Lambda's Los Angeles office, Davidson said, "Sadly, there is an ingrained problem of homophobia in the LAPD - manifested by police abuse. selective prosecution. and employment discrimination and harassment. The City has to do more to tackle these problems if it wants to stop paying taxpayer funds to victims of the LAPD."

Davidson added, "This settlement is a record in Los Angeles for an anti-gay police brutality case and one of the highest amounts paid to an individual in such a case anywhere in the country."

Also at the news conference, Mackler, who is now an aide to California State Senate Pro Tem Bill Lockyer, said. "I hope this settlement not only sends a message to the police that lesbians and gay men cannot be mistreated, but to gay people that, with some effort, the justice system can work if we come out and tell the truth about our lives."

The lawsuit, Mackler v. City of Los Angeles, arose from one of a series of peaceful demonstrations in L.A. atter Governor Wilson vetoed AB101. a bill that would have prohibited employment discrimination based on sexual orientation. The Governor during his re-election campaign had promised to sign the bill.

At a Republican fundraiser the Governor attended on November 15, 1991. police tried to disperse a group of non-violent brotestors. After an officer shoved Mackler in the back more than ten times with a police baton, Mackler turned to try to get the officer's badge number. The officer, David Peck, responded by lifting his baton above his head and striking Mackler in the face with such force that Mackler was knocked to the ground and his glasses were broken and thrown 25 feet. Peck (who now works for the Tacoma, Washington, Police Departinent) and another officer then threw Mackler several times.

Mackler was never arrested nor charged with any violations, but he suffered severe injury to one eye and later experienced headaches and dizziness. Eyewitnesses verified his account of the incident, much of which was captured on videotape and by still photographs.

ACLU Executive Director Ramona Ripston said. "While we have made significant strides in the ways that police departments and police officers serve a diverse society, we must be ever-vigilant in fighting prejudice by law enforcement against anyone. People, regardless of their identity, have the absolute right to expect fair treatment from police officers. Our nation affirms the right to protest. and the Los Angeles Police Department cannot impede that right. We cannot feel safe if those responsible to protect and serve are guided by their hates and bigotry."

In a statement from the organization's New York headquarters, Lambda Executive Director Kevin Cathcart said. "The Los Angeles Police Department has an ugly, well-documented history of anti-gay harassment and abuse. Whether or not it is caught on film, the LAPD's Rodney-King style of brutality is not tolerable. When will LAPD officers learn they cannot act out of hatred against anyone, including lesbians and gay men and those exercising the fundamental constitutional right to protest?"

Lambda is also of counsel in an ongoing sexual-orientation employment disceriminat.ion case brought on behalf of Sgt. Mitch Grobeson, the first openly gay member of the department. Grobeson was retaliated against once he returned to the LAPD after settling a landmark discrimination lawsuit. He also has been subjected to disciplinary proceedings for wearing his uniform at lesbian and gay community events and recruiting other lesbians and gay men to join the department.

Mackler's settlement entitles him to a payment of $87,000 and requires the Los Angeles Police Department to issue policies clarifying that its police officers rnust identify themselves to anyone who seeks to know their name or badge number whenever they physically are able to do so, are prohibited from keeping anyone from finding out or doing anything to obscure their badge number or name, and are prohibited from retaliating in any way against anyone for finding out or attempting to find out any identifying information about them.

Lambda. the nation's oldest and largest lesbian and gay legal organization. in addition to its Los Angeles and New York offices, has a Midwest Regional Office in Chicago and plans to open a Southern Regional Office in Atlanta later this year.

Legal Rights Bill Dies in Colorado

Denver, CO Feb. 6, 1997, Denver Post Capitol Bureau --- A bill to give gays, lesbians, and unmarried heterosexual couples legal rights in situations of illness, death, and dissolution of the relationship died in the Senate Judiciary Committee yesterday.

Proponents testified that the measure was vital to forestall situations in which lifelong committed partners are unable to see each other when hospitalized or evicted by family members after the death of a loved one. But some committee members said it "went too far." No opponents testified, and SB 161 was killed on a 5-3 vote.

The bill by Sen. Pat Pascoe, D-Denver, would have given rights and responsibilities to individuals who entered into "Legal Domestic Partnerships." Such partners could help make medical decisions for each other, inherit intestate, and sue for wrongful death. They also would be subject to procedures for dividing property if the partnership dissolved.

"Last year, when the Musgrave bill was up, many of you said you wished you had an alternative," said Kathy Glass, a Jefferson County resident who had lived with her partner for 40 years. "This is that alternative."

She was referring to last year's bill by Rep. Marilyn Musgrave, RFort Morgan, which sought to ban same-sex marriages in Colorado, even those recognized in other states. Many legislators said they objected to homosexual relations being given the "sanctity" of marriage, but said they recognized the need for some legal structure for them. Gov. Roy Romer vetoed the bill.

But judiciary committee members remained unconvinced yesterday.

"After hearing the testimony, I am convinced there are other legal remedies," said Sen. Ken Arnold, R-Westminster, although two witnesses had testified that living wills, wills, and power-of-attorneys are often expensive, cumbersome and open to legal challenge.

"Call me a prude, but I'm just afraid that this will encourage heterosexual couples to remain unmarried," said Sen. Sally Hopper, R-Golden.

Sen. Ed Perlmutter, D-Wheat Ridge, was quiet for a long time before voting no. "Politically this is a difficult vote, morally this is a difficult vote," he said.

Michelle Dally Johnston can be reached at newsroom@denverpost.com.

Rage in Thailand over ban on gay teachers

Gay and lesbian activists denounced the ban, which starting in March will bar gays from teacher training colleges on the grounds that they do not make good role models.

Education Minister Sukavit Rangsitphol said this week he would not succumb to pressure by activists to reverse the ban.

"The ministry has not violated human rights. The ruling is only aimed at banning people with improper personalities from being models for youngsters," he said.

Said the pro-lesbian group Hajaree: "What kind of sexual behavior people choose to follow is their personal affair and has nothing to do with their brains. Banning homosexuals from becoming teachers is discriminatory and violates basic human rights."

SENATE OK's BENEFITS FOR GAY PARTNERSHIPS

The House is expected to reject the measures

Honolulu, Hawaii - HONOLULU STAR-BULLETIN, February 7, 1997 --- The state Senate has approved two measures that would give gay and lesbian couples a broad package of benefits if voters ratify a constitutional amendment allowing the state to limit marriage to heterosexuals.

The two bills passed 15-10 and will be sent to the House, which is expected to reject them, prompting a conference committee where the two chambers will try to settle their differences.

Senators voting in favor contended that the U.S. Supreme Court might interpret a House-proposed amendment as an unconstitutional attempt to abolish rights won in court by an unpopular minority group.

The Senate's version--which allows marriage to be limited as long as others are not deprived of civil rights based on sex--expresses the tolerant spirit of Hawai`i and is not based on "fear, hatred and bigotry," said Judiciary Co-Chairman Avery Chumbley (D, East Maui-North Kaua`i).

"Our purpose in supporting this bill is to preserve Hawai`i's commitment to traditional marriage without violating our Constitution," he said.

But Sen. Randall Iwase (D, Mililani-Waipio Gentry) argued the constitutional concerns were unwarranted, and said voters simply want an amendment that clearly reserves marriage for a man and woman.

"The Senate again turns its back to the people," he said. "The Senate again is intransigent. The Senate is again the obstacle."

When questioned by Iwase, Judiciary Co-Chairman Matt Matsunaga acknowledged his committee no longer views the right to marry as a civil right, but said it must be included in the amendment to satisfy concerns raised in a pivotal 1993 state high court ruling.

The Senate's benefits package would allow any two people who cannot legally marry to declare themselves reciprocal beneficiaries and qualify for some 200 state marital benefits.

Adoption and other rights evolving from traditional marriage would not be included, and only same-sex couples could share health insurance benefits.

Voting against the measures were Sens. James Aki, Whitney Anderson, Robert Bunda, Marshall Ige, Iwase, Cal Kawamoto, Norman Sakamoto, Sam Slom, Malama Solomon and Joe Tanaka.

House Speaker Joe Souki (D, Maalaea-Wailuku) and Judiciary Chairman Terrance Tom (D, Kahalu`u-Kane`ohe) issued a statement saying the Senate's amendment would "virtually guarantee" same-sex marriage, and stating concern about the cost of the benefits package.

The House's amendment proposal specifies that laws and rules limiting marriage to a man and a woman do not violate the state's due process and equal protection clause.

If the measure is ratified, reciprocal beneficiaries would get four benefits.

Clinton's HIV/AIDS Budget Asks for Small Increases for Prevention, Care, Research, Housing

Washington, D.C. Feb. 7, 1997 --- President Clinton's budget propsal includes small increases for programs that deal with people living with HIV and AIdS, but falls far short of the lofty goals of the White House's National AIDS Strategy.

"The good news is that the president is asking for increases for care, prevention, housing and research at a time when other discretionary spending is static," said WInnie Stachelberg, HRC's legislative director. "Unfortunately, these increases are not enough considering that we could be on the threshold of beating back this epidemic. To achieve the goals articulated in the White House strategy, President Clinton must commit the money now, for treatment of those already infected and for research aimed at finding a cure."

One serious problem is the president's plan to impose a per-capita cap on Medicaid spending, according to Stachlberg. "Imposing such restrictions could be devastating to thousands of people living with HIV and AIDS and might limit their access to the new class of drugs that have improved and prolonged so many lives," she said.

Last week, the bipartisan National Governors Assocation and a bipartisan roster of senators joined a chorus of groups opposed to such caps.

The president's budget calls for a $17million increase for HIV/AIDS prevention, an approximately 3 percent increase over fiscal 1997 levels. States would decide how to spend this money.

"We hope that states will use some of these funds to target injecting drug users, since about three-quarters of all new HIV infections are occurring in this population," Stachelberg said. "We also continue to believe that the administration should encourage states to implement needle exchange programs because such programs have been shown to slow the spread of HIV in one of the most vulnerable communities."

The president also requested an $8 million increase in the Housing Opportunities for People with AIDS program. This represents a 4 percent boost over fiscal 1997, when $196 million was appropriated for HOPWA. About 90 percent of these funds go directly to states and cities to provide housing for people with AIDS.

In the area of care, the president asked for a $40 million increase above the 996.3 million appropriated last year. Of that increase, about $15 million woul dgo to states under Titlte II of the Ryan White CARE Act, giving them the flexibility to earmark the funds for drugs. Title IIIB of Ryan White, which provides fund for direct services to people living with HIV and AIDS, would also get an increase of $15 million, 22 percent above fiscal '97 levels.

"These increases are particularly welcome in light of the dramatic health improvements some people with HIV and AIDS have shown after taking the new drug combinations," Stachelberg said.

The budget also includes a plan that would make it possible for people who have benefitted from the new drug treatments to return to work without losing their Medicaid coverage. Currently, people on Supplemental Security Income who go to work lose their Medicaid coverage if their earnings exceed a certain amount, set by their state. The president's budget proposes allowing such beneficiaries to keep their Medicaid coverage by paying premiums as their income rises.

The president also asked fo ra 4 percent increase for AIDS-related research, for a total of approximately $1.54 billion.

The president's budget also calls for a $2 million increase, to $142 million, in the Centers for Disease Control and Prevention's breast and cervical cancer early detection program. This program is gathering data on the incidence of these cancers among lesbians, a popoulation believed to be at a higher risk than heterosexual women.

SENATE OK's TWO BILLS ON SAME-SEX ISSUE

HONOLULU ADVERTISER, February 7, 1997 ---The state Senate yesterday approved two same-sex marriage-related bills that will end up in House-Senate converence committees in an effort to reach a compromise.

By votes of 15-10, the Senate approved:

1) A proposed constitutional amendment allowing the state to regulate marriage, providing laws don't deprive anyone of civil rights based on sex. Supporters said it essentially would ban same-sex marriage.

2) A bill to create a new "reciprocal beneficiaries" law giving couples who can't legally marry--such as gay and lesbian couples--many of the rights and benefits enjoyed by married couples. The law would take effect only if a proposed constitutional amendment is ratified in the November 1998 General Election.

Critics say the bills will do little to resolved the issue.

In fact, House Speaker Joseph Souki and House Judiciary Terrance Tom contend the Senate-approved proposal for a constitutional amendment "would virtually guarantee the right to same-sex marriages in Hawai`i."

The House early sent to the a proposal for a constitutional amendment that essentially says a ban on same-sex marriage doesn't violate the state Constitution.

The House also sent a proposal for a "reciprocal beneficiaries" laws that would give gay and lesbian and certain other couples rights for hospital visits and health decisions, joint property ownership and other rights. The Senate Judiciary Committee rewrote those bills, giving gays and lesbians more rights and benefits in the "reciprocal beneficiaries" proposal.

Souki said the House would appoint its conference committee members immediately but warned negotiation will be a "long and difficult process" because of the wide differences between the House and Senate.

Judiciary Co-chairman Avery Chumbley argued the House proposal probably wouldn't pass constitutional muster and the Senate version was written to avoid such problems.

"The proposal before the Senate cannot under any circumstances reasonably be found to be based on fear, hatred or bigotry," Chumbley said. "Rather that excise civil rights, it attempts to ensure them."

Chumbley's co-chairman, Matt Matsunaga, argued the proposed constitutional amendment would "finally and permanently preserve traditional marriage." Its language specifying that state laws don't deprive anyone of civil rights based on sex "is absolutely necessary to satisfy" the Hawai`i Supreme Court, he said.

In 1993, the high court found that three same-sex couples denied marriage licenses were denied equal protection under the law. A Circuit Court judge last year ruled that the state failed to prove a compelling reason to justify the discrimination but held off ordering the Health Department to issue marriage licenses while the state appealed.

The matter is pending.

Sen. Randy Iwase and others, bowever, argued yesterday the people have made it clear that they want a "clear, clean" constitutional amendment that bans same-sex marriage.

"We have before us a Senate draft which is legally suspect, which is of questionable merit, and which has the great potential to create another impasse," he said.

In defending the "reciprocal beneficiaries " bill, Matsunaga said there are hundreds of benefits given married couples "because we believe that our society and our state are benefiting by relationships based on mutual care and the pooling of resources.

"The issue we vote upon today is simply this: Which of these benefits will we keep from some of our citizens because our society at large is not prepared to acknowledge their choice of partners?" he asked.

On the House side, Souki and Tom say the Senate's constitutional amendment proposal still could be thrown out by the Hawai`i Supreme Court on the basis of sex discrimination.

On the "reciprocal beneficiaries" bill, Souki and Tom said they were concerned that no financial analysis was done of the economic benefits.

Voting for the bills: Baker, Chumbley, Chun Oakland, Fernandes Salling, Fukunaga, D. Ige, Ihara, Kanno, Levin, Matsunaga, McCartney, Metcalf, Tam, Taniguchi, Mizuguchi

Voting against the bills: Aki, Anderson, Bunda, M. Ige, Iwase, Kawamoto, Sakamoto, Slom, Solomon, Tanaka.

PRESIDENT'S CALL TO `REPAIR THE BREACH' FALLS SHORT

WASHINGTON , D.C., Feb. 6, 1997 ---- The Human Rights Campaign offered a mixed reaction today to the State of the Union address, commending the president's call to end America's divisions while lamenting a missed opportunity to address our nation's rift over the issue of sexual orientation.

By contrast, Rep. J.C. Watts exploited an opportunity in the GOP response by seeming to justify discrimination against gay people.

"The president deserves credit for calling on all Americans to unite across our divisions and be `repairers of the breach,'" said HRC Executive Director Elizabeth Birch. "I only regret that he missed a perfect opportunity to help repair America's breach with its lesbian and gay citizens."

Birch also called upon Watts, R-Okla., to clarify a passage of his speech in which he seemed to be justifying faith-based discrimination against gay people. After calling for an end to racial discrimination and asserting that "America must be a place where we all ... feel a part of the American dream," he said:

"It does not happen by trying to turn rich against poor or by using the politics of fear. It does not happen by reducing our values to the lowest common denominator, and, friends, it does not happen by asking Americans to accept what's immoral and what's wrong in the name of tolerance."

"I am concerned that Congressman Watts may have made a thinly veiled appeal to the very politics of fear which he had deplored in his previous sentence," Birch said. "Like other faith-based differences, sincere religious disagreements over the issue of sexual orientation are not a valid reason for unfair discrimination."

No federal law protects Americans from discrimination based on sexual orientation. So while it is illegal to fire good employees from their jobs just because of their religion, it is legal in 41 states to fire them because of their actual or perceived sexual orientation. HRC and other civil rights organizations are advancing the Employment Non-Discrimination Act in Congress to change that.

"The president spoke eloquently about what separates America from nations where religious strife festers into violence and terror," Birch continued. "I only wish he had taken the opportunity to remind the nation that, whatever our deeply felt beliefs may be about sexual orientation, gay people ought no longer be excluded from the basic non-discrimination protections which most Americans take for granted."

The Human Rights Campaign is the largest national lesbian and gay political organization, with members throughout the country. It effectively lobbies Congress, provides campaign support and educates the public to ensure that lesbian and gay Americans can be open, honest and safe at home, at work and in the community.

SENATE ERUPTS AS GAY-MARRIAGE DEBATE HEATS UP

HONOLULU STAR-BULLETIN, Honolulu, Hawai`i, February 5, 1997 ---It took 13 working days for the Senate's spirit of cooperation to evaporate--at least for a day.

Tempers flared and charges flew in a state Senate floor fight yesterday over same-sex marriage, with opponents angrily arguing that they were prevented from adequately considering details of a pair of bills passed by the Judiciary Committee on Monday. Committee co-chairmen denounced the charges as sour grapes.

Sen. Robert Bunda (D, Wahiawa) fired the first verbal volley, scoring Co-Chairman Avery Chumbley (D, North Kaua`i-East Maui) and Matt Matsunaga (D, Palolo-Wai`alae) for presenting committee members a new bill dealing with marital benefits--incorporating portions of some of the with measures being considered--and allowing them little time to digest it.

"This is a shotgun approach which I thought we had done away with," Bunda told Seante President Norman Mizuguchi.

"Are we not supposed to be working in the spirit of cooperation and collaboration? I really thought openness and public review was the order of the day."

Noting that some feel "the whole procedure was a scam," Bunda said committee members should have a draaft for review a day in advance of the hearing and that the committee's decision had been made before the hearing.

Sen. Whitney Anderson (R, Kailua-Waimanalo), who had stalked out of the same-sex hearing a day earlier after the chairman announced decision making would immediately follow testimony and a brief recess, kept the criticism going.

Charging that Chumbley had told him earlier that recommendations would follow, not decision-making, Anderson said: "That's not fair and . . . . that's not keeping your word to your own colleague."

"We gave them the opportunity for discussion," said Chumbley after the session. "We were willing to sit there as long as the members had questions. They're more unhappy with the content than the process. They're using the process to muddle the waters."

Matsunaga said the public is impatient for action.

"We made a commitment at the beginning of this session and identified this issue as one that we would move forward quickly," he said. ". . . If you don't like what happened, go change the rules. But it's simply wrong, wrong, wrong to complain when you don't get what you want."

Attorney Dan Foley, who represents three same-sex couples seeking state marriage licenses, said there was "absolutely nothing new" in the bills that hadn't been the subject of public hearings before and that the Senate committee's procedure wasn't unique.

Tensions even remained high during a recess.

When Sen. Malama Solomon (D, North Hilo-Kohala), who was dissatisfied with continued debate on the topic, walked past Co-Majority Leader Mike McCartney's desk, he apparently urged her to sit down.

Solomon quickly turned.

Then in a voice loud enough to be heard on the opposeite side of the chamber, she declared: "Don't tell me to sit down, McCartney! Don't tell me to sit down. You're not the president."

After the session, Solomon explained that during a recess she is permitted to walk on the chamber floor.

*Star-Bulletin reporter Alana Matsuoka contributed to this report.*

GLAAD ANNOUNCES NOMINEES OF 1997 MEDIA AWARDS

"BOUND," "ELLEN," "SPIN CITY" AND "CHICAGO HOPE" AMONG NOMINEES IN CEREMONIES

Los Angeles, CA , February 4, 1997--- The Gay & Lesbian Alliance Against Defamation (GLAAD) is proud to announce the nominees of its 8th Annual GLAAD Media Awards, which will take place in three ceremonies to be held in Los Angeles, Washington DC and New York in March. The Media Awards will be held on March 16 at the Century Plaza Hotel in Los Angeles, on March 26 at the National Press Club in Washington DC and on March 31 at the Sheraton Hotel in New York.

The event in Los Angeles begins with cocktails and a Silent Auction at 5:00pm followed by a Dinner and Awards Presentation at 6:30pm. For further information and to purchase tickets, contact Events Unlimited, Inc. at 310/996-1188. The event in Washington DC begins with cocktails and a Silent Auction at 6:30pm followed by a Dinner and Awards Presentation at 7:30pm. For ticket information contact GLAAD's Washington DC office at 202/986-1360. The event in New York will include cocktails and a Silent Auction at 6:00pm followed by a Dinner and Awards Presentation at 7:30pm. For ticket information contact GLAAD's New York office at 212/807-1700.

GLAAD seeks to overcome the homophobia that is at the root of stereotyping, discrimination and violence against members of the lesbian and gay communities by challenging defamation and promoting understanding. Founded in 1985 by a group of writers, including the late "Celluloid Closet" author Vito Russo, who were outraged by the defamatory headlines about AIDS in the New York Post, GLAAD mobilized to change the way lesbians and gay men are represented in all forms of media. Today GLAAD is a national organization that effectively mobilizes public response to media coverage and educates media professionals on lesbian and gay issues and concerns. GLAAD has offices in Los Angeles, New York, San Francisco and Washington DC.

The GLAAD Media Awards were created in 1989 to honor individuals and projects in the media and entertainment industries for their balanced and accurate representations of lesbians and gay men and the issues that affect their lives. The GLAAD Media Awards are sponsored in part by Absolut and American Airlines.

General event and ticket information for this year's GLAAD Media Awards can be found on the World Wide Web at http://www.glaad.org.

GLAAD is the nation's lesbian and gay news bureau and the only national lesbian and gay media watchdog organization. GLAAD promotes fair, accurate, and inclusive representation as a means of challenging discrimination based on sexual orientation or identity.

Opposition to Per-Capita Medicaid Cap Growing, HRC Asserts

Washington, D.C. Feb. 1, 1997 --- The Human Rights Campaign reasserted its opposition today to the administration's plan to impose a per-capita cap on Medicaid spending, joining the National Governors Association and other groups contesting the plan.

"Medicaid is the single largest source of health insurance for people living with AIDS, providing access to physician visits, hospitalization, prescription drugs, home health care and long-term care," Winnie Stachelberg, HRC's legislative director, said at a news conference with AIDS Action Council. "Imposing a per-capita cap would be devastating to thousands of people living with HIV and AIDS, limiting their access to the new class of drugs that have improved and prolonged so many lives."

HRC Executive Director Elizabeth Birch wrote to President Clinton on Jan. 14, asking him to abandon the plan to cap the federal Medicaid payment for each beneficiary. "When states are faced with picking up the bill for care after the capped federal Medicaid payment has been spent, they may respond by imposing restrictions on the care that beneficiaries need most," Birch wrote. "Ironically, people living with HIV/AIDS may lose access to the very benefit that is providing them with hope and renewed health -- prescription drugs."

HRC renewed its call tdoay in light of a report in The New York Times that the bipartisan National Governors Association agrees that such a cap would saddle states with more of the cost of health care for those who can least afford it.

Currently, about 50 percent of adult Americans living with AIDS -- and 90 percent children with this deases -- receive their medical coverage through the Medicaid program. More than half a million cases of AIDS have been diagnosed in the United States and over 300,000 men, women and children in communities across this country have died from this disease. AIDS is now the leading cause of death among Americans age 25-44.

"As the epidemic continues to spread in lower-income communities, Medicaid will be an even more essentioal lifeline of support for Americans living with HIV and AIDS," Stachelberg said. "The need to maintain the historic, federal-state partnership on Medicaid has never been greater."

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