Final 2002 Case Table Compiled by Audrey Weinberger & Art Leonard

Final 2002 Case Table
Compiled by Audrey Weinberger & Art Leonard
Ackerman v. Hojnowski, 804 A2d 412 (Me., Aug. 27, 2002) (ruling that the ex-domestic partner
of a gay man was entitled to half of the value of the couple’s former home, notwithstanding the
fact that he did not contribute any money towards the purchase of the home).
Adams v. State of Georgia, 561 S.E.2d 101 (Ga., March 11, 2002) (upholding lower court’s
decision that evidence sufficient to support conviction for malice murder).
Adoption of R.B.F. and R.C.F.; Adoption of C.C.G. and Z.C.G., 569 Pa. 269, 803 A.2d 1195
(Pa., August 20, 2002) (unanimously ruling that the Pennsylvania courts have discretion under the
state’s adoption law to allow same-sex partners to adopt their partners’ children).
Akoidu v. Greyhound Lines, Inc., 2002 WL 399476 (Cal.App.,2d Dist., Div 2, March 15,
2002)(not officially published)(rejecting a sexual orientation discrimination claim from a straight
man who was gay-baited at work).
Albano v. Attorney General, 769 N.E. 1242 (Mass., June 13, 2002) (rejecting constitutional
objections to a proposed state constitutional amendment that would ban same-sex marriages).
Alverez v. Barnhardt, 2002 WL 31663570 (S.D.N.Y. Nov. 26, 2002) (not officially published)
(ruling on the pleadings granting relief for defendant Commissioner of Social Security on
plaintiff’s claim for social security disability benefits after diagnosed with HIV).
Amendariz v. Foundation Health Psychcare Services, Inc., 6 P.3d 669 (Cal. 2000) (one-sided
arbitration agreement will not be enforced for reasons of public policy).
American Booksellers Foundation for Free Expression v. Dean, 202 F.Supp.2d 300 (D. Vt., April
18, 2002)(striking down a n internet-directed law passed by the Vermont state government using
the 1st Amendment).
American Family Association v. City and County of San Francisco, 277 F.3d 1114 (U.S.Ct.App.,
9th Cir., Jan. 16, 2002) (city and county did not violate the constitutional rights of the plaintiffs by
passing a resolution formally disapproving of an anti-gay advertising campaign in which the
plaintiffs had engaged).
American Library Association, Inc. v. United States, 201 F.Supp.2d 401 (U.S.Ct.App., 3rd Cir., May
31, 2002) (ruling the Children’s Internet Protection Act (CIPA) violates the 1st Amendment and
permanently enjoined its enforcement).
Amos, Estate of, v. Vanderbilt University, 62 S.W. 2d 133 (Tenn., Dec. 20, 2001) (physician’s duty
to warn of HIV risk extends to potential future spouse and children of patient).
Anderson v. U.S.F. Logistics (IMC), Inc., 274 F.3d 470 (U.S.Ct.App., 7th Cir., Dec. 14, 2001)
(upholding district court’s refusal to enjoin employer from barring employee from including “have
a blessed day” in her telephone communication’s with employer’s clients).
Anonymous v. Anonymous, 740 N.Y.S.2d 341 (N.Y.App.Div., 1st Dept., April 25, 2002)
(affirming the decision that it is against public policy to enforce a contract for sexual services
between a prostitute and a customer).
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Ashcroft v. American Civil Liberties Union, 535 U.S. 564, 122 S.Ct. 1700 (U.S., May 13, 2002)
(agreeing 8-1 that the Child Online Protection Act, which seeks to criminalize display on the
world wide web for commercial purposes of material deemed “harmful to children” that can be
accessed with use of an adult identification system requires further judicial scrutiny, but that the
basis on which the 3rd Circuit had declared it unconstitutional was incorrect).
Ashcroft v. Free Speech Coalition, 535 U.S. 234, 122 S.Ct. 1389 (U.S., April 16, 2002) (holding
certain provisions of the Child Pornography Prevention Act of 1996 (CPPA) violate the First
Amendment’s protection for freedom of speech and the press).
Attorney Grievance Commission of Maryland v. Thompson, 786 A.2d 763 (Md. Ct. App., Dec.
17, 2001) (upholding indefinite suspension from practice for middle-aged male practitioner
convicted of stalking teenage boy with whom he was sexually obsessed).
Beck v. Alaska Air Group, 2002 WL 1162387 (U.S.Dist.Ct., N.D.Cal., May 24, 2002) (not
officially published) (granting a motion to dismiss after a surviving opposite sex-domestic partner
brought suit and holding that the personal representative of an estate can bring a wrongful death
action for the estate but only if a legal wife, husband, parent, child or dependant relative).
Berner v. Gay Men’s Health Crisis, 743 N.Y.S.2d 99 (N.Y.App. Div., 1st Dept., June 4, 2002)
(rejecting a former employees allegation that she was discharged as a coordinator of counseling
services because she is not a lesbian).
Bianchi v. City of Philadelphia, 183 F.Supp.2d 726 (E.D. Pa., Jan. 7) (denying Title VII same-sex
harassment hostile environment claim, but upholding right to sue on retaliation claim).
Bicknell, In re, 96 Ohio St.3d 76 (Ohio, July 31, 2002) (ruling that the court could grant a name
change so that a lesbian couple could share the same surname).
Blackmon v. Strong Memorial Hospital, 735 N.Y.S.2d 702 (N.Y. App. Div., 4th Dept., Dec. 21,
2001) (trial court erred in setting aside jury acquittal of hospital on 1992 HIV transfusion claim).
Blanks v. Southwestern Bell Communications, Inc., 2001 WL 1636359 (U.S.Dist.Ct., N.D.Tex.,
Dec. 18, 2001) (not officially published) (HIV+ clerical employee not protected from
discrimination by ADA because he did not credibly allege that his HIV-infection substantially
limited any of his major life activities).
Blanks v. Southwestern Bell Communications, Inc., 310 F.3d 398 (5th Cir., Nov. 4, 2002) (ruling
that an HIV+ man had not established that he was disabled so as to warrant protection under the
Americans with Disabilities Act).
Blount County Education Association v. Blount County Board of Education, 78 S.W.3d 307
(Tenn. Ct. App., Jan. 30) (union’s demand for provision banning sexual orientation discrimination
is mandatory subject for collective bargaining).
Bonfield, In re, 96 Ohio St.3d 218 (Ohio, August 28, 2002) (holding that it is possible under Ohio
law for same-sex partners to have joint legal custody but that shared-parenting statutes could not
apply to same-sex couples).
Boy Scout of America v. D.C. Comm. on Human Rights, 809 A.2d 1192 (D.C. Ct.App., Nov. 7,
2002) (holding that that DC Commission on Human Rights cannot force the regional Boy Scout
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council to enroll self-proclaimed homosexual as adult members).
Boy Scout of America v. Wyman, 213 F.Supp2d 159 (D.Conn., July 23, 2002) (holding that even
though the Boy Scouts may have a federal constitutional right to discriminate based on sexual
orientation does not mean that it has a right to participate in the Connecticut charitable
campaign).
Brady v. Dean, 790 A.2d 428 (Vt., Dec. 26, 2001) (rejecting challenge to Civil Union Law based
on betting activities of state legislators).
Bragdon v. Abbott, 524 U.S. 624 (1998) (fertile woman of child-bearing age who is HIV+ suffers
from a substantial limitation of the major life activity of reproduction because the risks of HIV
transmission to her potential child caused her to give up her desire to have children).
Briseno v. Diamond Video World, Inc., 2002 WL 990626 (Cal.App., 2nd Dist., May 15, 2002)
(not officially published) (dismissing a claim of sexual orientation discrimination filed by a straight
former male employee dismissed from an adult video store).
Bristol v. Board of County Commissioners, 281 F.3d 1148 (U.S.Ct.App., 10th Cir., Feb. 26, 2002)
(holding that the judge initially makes a determination whether the plaintiff has identified
“impairments” & “major life activities” recognized under the ADA, but it is the jury’s function to
determine whether the impairment “substantially limits” a major life activity).
Bruette v. Montgomery County, Maryland, 197 F.Supp.2d 354 (U.S.Dist.Ct., D. Md., March 26,
2002)(holding that plaintiff’s civil rights were not violated when they were arrested by police and
charged with an assortment of child abuse and pornography crimes).
Brush Creek Media, Inc. v. Boujaklian, 2002 WL 1906620 (N.D.Cal., Aug. 19, 2002) (not
officially published) (concluding that a federal court currently lacks jurisdiction and remanded
case to lower court regarding a three-way legal battle among gay porn businesses about
appropriated yet unreleased master pornographic video tapes and DVDs).
Bryce v. Episcopal Church in the Diocese of Colorado, 289 F.3d 648 (10th Cir., April 30, 2002)
(summary judgment in favor of church granted where offensive statements uttered in a theological
context fell within areas of church governance and doctrine protected by First Amendment).
Burke v. Kodak Retirement Income Plan, 217 F.Supp2d 384 (W.D.N.Y., July 31, 2002) (denying
pre-retirement survivor benefits claimed by a widowed wife after her husband of 6 months died.
The judge discussed the necessary steps required to collect under Kodak’s domestic partnership
plan since the couple had lived together for many years).
Burke v. Iowa Methodist Medical Center, 2002 WL 181241 (U.S.Ct.App., 8th Cir., Feb. 6, 2002)
(unpublished opinion) (holding that under the American with Disabilities Act (ADA) an employee
must both inform the employer of her disability and affirmatively request an accommodation
before the employer’s obligation to engage in an interactive process to determine an appropriate
accommodation is triggered).
Burns v. Burns, 560 S.E.2d 47 (Ga. Ct. App., Jan. 23, 2002) (Vermont civil union does not create
legal status of spouse for purposes of Georgia law; restriction on visitation in divorce settlement
excluding unmarried adults from residence is not affected by civil union between ex-wife and
same-sex partner).
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Byars v. Jamestown Teachers Association, 195 F.Supp.2d 401(W.D.N.Y., March 17, 2002)
(summary judgment in favor of teacher’s union granted after effectively rebutting plaintiff’s prima
facie case of sex discrimination under Title VII; neither Title VII nor NYS Human Rights Law
provides protection against discrimination on basis of sexual orientation)
C.J.H., In the Matter of, 79 S.W.3d 698 (Tex.Ct.App., June 13, 2002) (considering the appeal of
a sentence imposed on a gay teenager for sexual molesting a 6-year-old boy sending him to a
“boot camp” prison where he might be in physical danger from other inmates).
Cable v. Todisco, 2001 WL 1555372 (Cal. Ct. App., 4th Dist., Dec. 5, 2001) (not officially
published) (upholding defamation verdict on behalf of physician falsely labeled as having AIDS).
Caldwell v. Bell, 288 F.3d 838 (W.D. Tenn,. 6th Cir., April 30, 2002) (reversing and remanding a
first degree murder conviction after an unconstitutional jury instruction violated a plaintiff’s due
process after he shot another in a rage after being provoked by homosexual advances).
California, People of v. Alfaro, 2002 WL 922132 (Cal.App., 3rd Dist., May 7, 2002)(not officially
published) (unanimously upholding a murder conviction and rejecting a claim that defendant’s jury
instructions were faulty).
California, People of v. Barajas, 2001 WL 1649409 (Cal. Ct. App., 2nd Dist., Dec. 26, 2001) (not
officially published) (rejecting mercy plea from HIV+ man sentenced to two years in prison for
drunken driving).
California, People of v. Garcia, 2002 WL 1365643 (Cal. App., 4th Dist., June 24, 2002) (not
officially published) (affirming a conviction ruling after the prosecutor’s explanations were
sufficient to avoid the taint of a discriminatory excusal of two jurors).
California, People of v. Ojeda, 2002 WL 241340 (Cal. Ct. App., 5th Dist., Feb. 14, 2002) (not
officially published) (holding a criminal defendant must submit to HIV testing).
Callaway v. Mamsi Life and Health Insurance Company, 806 A.2d 274 (Md.Ct.Spec.App., June
26, 2002)(concluding that death or injury resulting from autoerotic asphyxiation is accidental and
not intentional).
Carmen v. Abter, 751 N.Y.S.2d 483 (NY.App.Div. 1st Dept) (reviving malpractice suit brought by
a nurse against a doctor who alleges contracting HIV in a needle-stick accident).
Carozza v. Blue Cross and Blue Shield of Massachusetts, Inc., 2001 WL 1517584 (Mass. Super.
t., Nov. 16, 2001) (not officially published) (refining analysis of prima facie case of sexual
harassment).
Carr v. Third Colony Corp., 2001 N.Y. Slip Op. 40400 (N.Y. City Civ. Ct., Nov. 9, 2001)
(heterosexual domestic partners living with children are a “family” for purposes of measuring
hedonic damages in a tort case).
Carter v. Superior Court of San Diego County, 2002 WL 27229 (Cal. App., 4th Dist., Jan. 10,
2002) (not officially published) (gay man depicted in TV documentary receiving emergency room
treatment after using drugs at bathhouse may sue for invasion of privacy; release obtained using
false representations).
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Centola v. Potter, 183 F. Supp. 2d 403 (D. Mass., Jan. 29, 2002) (gay postman can sue for sexual
harassment and retaliation, but no lawsuit can be brought to enforce rights under federal executive
order forbidding sexual orientation discrimination in postal service).
Chamberlain. v. Board of Trustees of School District No. 36 (Surrey), 2002 SCC 86, File No.
28654 (Canada Dec. 20, 2002) (Supreme Court of Canada held that a local school board in
British Columbia violated the law by refusing to approve three books depicting same-sex couples
raising children for use as supplementary reading in kindergarten and first grade classes).
Chambers v. Babbitt, 145 F. Supp. 2d 1068 (D. Minn. 2001), preliminary injunction converted to
final order, Jan. 2, 2002 (student entitled to wear “straight pride” t-shirt to school).
Chevron U.S.A., Inc. v. Echazabal, 536 U.S. 73 (U.S.Sup.Ct., June 10, 2002) (ruling that under a
regulation promulgated by the EEOC the ADA does not require employers to hire people who
health or safety would be put at risk by the job).
Cheyenne Madison Jones, In re, 2002 WL 940195 (Ohio App. 2nd Dist., May 10, 2002) (not
officially published) (refusing to grant a non-biological lesbian parent any custody or visitation
rights with her seven year-old daughter following a break-up with the child’s biological mother).
Ciccotto v. LCOR, Inc., 2001 WL 1606705 (U.S.Dist.Ct., S.D.N.Y., Magistrate Report, Dec. 11,
2001) (not officially published)(recommended dismissal of same-sex hostile environment
harassment case, on grounds complaint was too non-specific about nature of harassment).
Circuit City Stores v. Adams, 279 F.3d 889 (9th Cir., Feb. 4, 2002) (arbitration agreement
between employer and employee was unenforceable as a matter of state law; gay discrimination
claimant was not required to submit dispute to arbitration).
Civitello v. Burger King Corp., 2002 WL 241491 (Conn. Super. Ct., Feb. 5, 2002) (not officially
published) (awarding plaintiff damages for injury to his mouth as a result of biting fragments of a
hypodermic needle baked into a breakfast sandwich).
Coca-Cola Bottling Company v. Hagan, 813 So.2d 167 (Dist.Ct.App. 5th Dist., March 15, 2002)
(rehearing denied April 19, 2002) (holding that consumers’ fear that they contracted the AIDS
virus allegedly from a beverage that contained a used condom was not reasonable).
Cockrell v. Burdine, 122 S.Ct.2347 (U.S. Sup.Ct., June 3, 2002) (denying certiorari to the state
of Texas to execute defendant, a gay prisoner whose court-appointed attorney slept through a
significant portion of his trial).
Collins v. Collins, 51 P.3d 691 (Or., Aug. 14, 2002) (reversing a lower court’s modification of a
custody agreement and holding that children’s exposure to seeing their mother in bed kissing
another woman did not constitute a “change in circumstances” sufficient to trigger a
reconsideration of custody status).
Conant v. Walter, 309 F.3d 629 (9th Cir., Oct. 29, 2002)(ruling that AIDS doctors had a valid 1st
amendment claim seeking to be free of a federal threat against them regarding recommendation of
marijuana use to their patients).
Congdon v. Automobile Club Insurance Co., 816 A.2d 504 (Vt. Nov. 8, 2002) (ruling that an 18
year-old child living with his mother and her male domestic partner was not covered under the
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AAA insurance policy after suffering injuries while riding a motorcycle).
Cracolice v. Metropolitan Community College, 2002 WL 31548706 (D.Neb., Nov. 15, 2002) (not
officially published) (granting summary judgment to the public employer on a claim by a gay
employee that he had been subjected to harassment and denial of promotion due to his sexual
orientation).
Crespo v. Schering Plough Del Caribe, Inc., 231 F.Supp.2d 420 (U.S.Dist.Ct. P.R., Oct. 31,
2002) (granting defendant summary judgment in a rare female same-sex harassment case).
Crockett v. Pastore, 789 A.2d 453 (Conn. Jan. 29, 2002) (grandmother not entitled to seek
visitation, having not established parent-like relationship with her grandchild).
Croshier v. Pacific Bell Telephone Co., (unpublished opinion) (Cal. App. 4th Dist., April 18, 2002)
(reinstating the sexual harassment and discrimination suit brought by a lesbian field service
technician)
Cruise v. Davis (Calif., L.A. Co. Super. Ct., Elias, J., settlement, Dec. 2001) (Tom Cruise
defamation against publisher who claimed he had evidence of gay affair between Cruise and porn
star) (news report).
Cruzan v. Special School District et al., 294 F.3d 981 (U.S.Ct.App., 8th Cir., June 20,
2002)(affirming summary judgment against plaintiff who claimed that a hostile work environment
was created when a male-to-female transgendered person was allowed to use the women’s faculty
bathroom).
Currence v. City of Cincinnati, 2002 WL 104778 (6th Cir., Jan. 24, 2002) (not officially published)
(rejecting challenge by gay male escort to city registration requirement for sex-related businesses).
Dahle v. Titusville School Board (Pa. Ct. Comm. Pleas, settlement reported Jan. 18) (student
same-sex harassment case).
Davis v. Coastal International Security, Inc., 275 F. 3d 1119 (D.C.Cir., Jan. 11, 2002) (rejecting
same-sex harassment claim, absent evidence plaintiff was selected for harassment because of his
sex).
Davis v. State of Texas, 68 S.W.3d 273 (Tex.Ct.App., Feb. 8, 2002) (affirming defendant’s
conviction of securing execution of documents by deception (SEDD) and money laundering
regarding fraudulently obtained policies procured from individuals who were HIV+ or had AIDS
but concealed their illnesses and then sold to unsuspecting purchasers through a viatical
settlement company owned by appellant).
De La Campa v. Grifols America, Inc., 2002 WL 1269560 (Fla. App. Ct., June 26,
2002)(affirming the dismissal of a complaint filed by a lesbian against her employer and coworkers
for employment discrimination and intentional infliction of emotional distress).
Delbello v. Bilyeu, 560 S.E.2d 3 (Ga. Sup. Ct., Feb. 11, 2002) (rejecting argument by surviving
legal heirs that surviving same-sex partner should not be allowed to inherit estate).
Department of Health and Environmental Control, In Ex Parte v. Doe, 565 S.E.2d 293 (S.C.,
June 17, 2002) (ruling that a state health department record of an individual’s HIV test result was
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admissible in a criminal prosecution of the individual for knowingly exposing a victim to HIV).
Depew v. Depew, Adoption of M.C.D, 2001 WL 1799554 (Okla.Civ.App., Div.3, Oct. 26,
2001)(ruling against an opposite-sex second parent adoption).
Devescovi v. Ventura, 195 F.Supp.2d 1146 (Minn., March 20, 2002) (confirming the Minnesota
sodomy law unconstitutional and binding on all counties)
Devine v. Bd. Of Commissioners of Elkhart County, 2002 WL 31260942 (7th Cir., Oct. 7,
2002)(unpublished decision)(affirming summary judgment against a jail guard who claimed that he
contracted HIV at work).
Devlin v. City of Philadelphia, 809 A.2d 980 (Pa., Aug. 29, 2002) (striking down a Philadelphia
Code defining same-sex “life partnership” to be included within the concept of “marital status”
such that discrimination on this basis would be forbidden within city limits).
Dexter, Matter of, 553 S.E.2d 922 (N.C. Ct. App., Nov. 6, 2001) (transfer of custody of children
to father is justified by trial record, even though father is HIV+).
Dillard Department Stores, Inc. v. Gonzales, 72 S.W.3d 398 (Tex., March 7, 2002)(striking down
a $5 million exemplary award to a heterosexual man who alleged intentional infliction of
emotional distress claim after observing his supervisor put “the make” on another male employee).
DiPierro v. Franzone, NYLJ, 1/29/02 (N.Y. Sup. Ct., Suffolk Co., Tanenbaum, J.) (Material
factual issues in dispute preclude summary judgment on claim for AIDS phobia by housekeeper
who sustained needlestick injury at work).
Dix v. City of New York, 2002 WL 31175251 (S.D.N.Y., Sept. 30, 2002) (not officially
published) (dismissing a case by two gay plaintiffs claiming discriminatory treatment by the City of
New York after attempting to open a gay club in Manhattan’s garment district).
Doe v. American Medical Pharmacies, Inc., 2002 WL 857766 (Mich. App. May 3,
2002)(unpublished per curiam opinion)(reversing a JNOV and reinstating a $100,000 jury verdict
for slander, invasion of privacy and intentional infliction of emotional distress for a plaintiff whose
claim was based on an improper and very public disclosure of his HIV+ status to a roomful of
patients at his local medical clinic by a clinic employee).
Doe v. Burkland, 808 A.2d 1090 (RI, Nov. 12, 2002) (reviving a gay palimony claim that was
dismissed by the trial court on the ground that the alleged agreement arose from a “meretricious”
relationship).
Doe v. Chand, 781 N.E.2d 340 (Ill.App., 5th Dist., Sept.. 4, 2002)(ordering a new trial to specify
violations of the Illinios AIDS Confidentiality Act and to prove actual damages resulting from
defendants public disclosure that Jane Doe’s husband infected her with HIV).
Doe v. City of Minneapolis, 2002 WL 31819236 (Minn.Ct.App., Dec. 17, 2002)(not officially
published) (holding public officials and the government are immune from suit under the state’s
Human Rights Act for discrimination that is not willful or malicious).
Doe v. Department of Corrections of Michigan, 641 N.W.2d 269 (Mich.Ct.App., Dec. 28, 2001)
(reversing and remanding a decision that held an amendment to the Persons with Disabilities Civil
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Rights Act (PWDCRA) did not retroactively apply to HIV+ prisoners' pre-enactment cause of
action, and thus their claim was not barred after being denied placement in a community
residential program).
Doe v. Hillsborough County Hospital Authority, 816 So.2d 262 (Fla.Dist.Ct.App., 2nd Dist., May
22, 2002) (holding that the entry of medical information (HIV+ status) into plaintiff’s medical
chart was constructive notice and his claim, filed just short of seven years after the HIV tests were
administered, was barred by the two year statute of limitations).
Doe v. Ventura, 2001 WL 543734 (Minn. App. Hennepin County, May 15, 2001) (not officially
published) (summary judgment granted for plaintiff holding the Minnesota sodomy law
unconstitutional as applied to private, consensual, noncommercial acts by consenting adults
because it violates the right of privacy guaranteed by Minn. Constitution)
Doe v. Yale University, 791 A.2d 727 (Conn Super. Ct., Oct. 13, 2000) (holding that a medical
student’s negligence case over an HIV infection that resulted from a needle-stick was not
transferable to a complex litigation docket).
Dominick v. Index Journal Co., 2001 WL 1763977, 29 Media L.Rep 2329 (S.C.Com.Pl., March
15, 2001) (granting defendant's motion for summary judgment as to libel, intentional infliction of
emotional distress, invasion of privacy and negligence regarding the publishing of a letter
attributed to plaintiff advocating that the community be more receptive and open to gays and
lesbians).
Dossey v. Becton Dickinson & Co., 2001 WL 1636440 (N.D. Tex., Dec. 18, 2001) (question
whether plaintiff was infected with HIV through occupational exposure is for the jury, not the
court).
Downey v. Muffley, 767 N.E.2d 1014 (Ill.Ct.App., May 15, 2002) (holding that there was no
rational basis for an order prohibiting ex-wife from cohabiting with same-sex partner while living
with her children).
Du Toit & De Vos v. Minister for Welfare & Population Development, Case CCT40/01 (Sept.
10, 2002) (The Constitutional Court of South Africa, the nations highest court, ruled that existing
laws that fail to authorize joint adoptions of children by same-sex partners violates the South
African Constitution).
Edwards v. United Air Lines, Inc., 2002 WL 122322 (N.D. Ill., Jan. 29, 2002) (not officially
published) (HIV+ plaintiff has burden to request reasonable accommodations and engage in
interactive process with employer in trying to figure out appropriate accommodations).
Edwards v. Missouri State Bd. of Chiropractic Examiners, 85 S.W.3d 10 (Mo.Ct. App. W.D.,
April 16, 2002) (Chiropractor challenging an order of the State Board of Chiropractic Examiners
which, based on findings of Administrative Hearing Commission (AHC), revoked his license to
practice chiropractic as result of his treatment of HIV- positive hemophiliac patient, holding that
AHC's denial of chiropractor's request for discovery of certain materials in disciplinary
proceedings was reviewable on direct appeal).
Emblen v. Port Authority of New York/New Jersey (S.D.N.Y., March 29, 2002) (unpublished
opinion) (partially granting defendant’s motion for summary judgment holding that the doctrine of
respondeat superior was not applicable but allowing trial to proceed on plaintiff’s issue of whether
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posting of computer-altered depictions of plaintiff engaging in homosexual or sadomasochistic
practices violates his civil rights under 42 USC §1983).
Employment Division v. Smith, 494 U.S. 872 (1990) (applying laws of general application does
not violate Free Exercise Clause even though they may have an incidental effect on religious
practices).
English v. Pohanka of Chantilly, 190 F.Supp2d 833 (U.S.Dist.Ct., E.D.Va., March 20, 2002)
(rejecting an employee’s same-sex harassment claim stating that the plaintiff did not show that his
male co-worker’s vulgar and obnoxious sexual comments, teasing and unwanted touching were
directed at him because of his sex for the purposes of a Title VII sexual harassment claim).
Equal Employment Opportunity Commission v. News and Observer Publishing Co., 2001 WL
1720200 (U.S.Dist.Ct., E.D.N.C., Aug. 10, 2001) (not officially published) (employee was not
discharged because of anti-gay Christian views; employer had legitimate non-discriminatory
reason for discharge).
Equal Employment Opportunity Commission v. River Oaks Diagnostic Network, Inc.,
U.S.Dist.Ct., S.D.Tex., No. H-01-3966, consent decree signed Nov. 26, 2001 (settling same-sex
harassment claim involving complaints by female employees about sexual advances from a female
supervisor).
Estate of Amos v. Vanderbilt University; see Amos, Estate of.
Estate of Gardiner; see Gardiner, Estate of.
Evans v. Bonner, 196 F. Supp. 2d 252 (U.S.Dist.Ct., E.D.N.Y., March 27, 2002) (judgment as a
matter of law granted for defendant holding that the alleged untimely dispensing of inmate's
medication did not constitute deliberate indifference with inmate’s serious medical needs in
violation of the Eighth Amendment).
Evans v. City of Berkeley, 2002 WL 31648768 (Cal.App.1st Dist., Nov. 25, 2002) (unpublished
opinion) (upheld enforcement of a policy which forbids the city from subsidizing the activities of
private groups, here the Sea Scouts a group chartered by the Boy Scouts of America, that
discriminate based on sexual orientation or religion).
Evans v. Nassau County, 184 F. Supp. 2d 238 (E.D.N.Y., Feb. 13, 2002) (refusing to dismiss
prisoner claim that AIDS medications are not being provided on an appropriate schedule).
Farmer v. Perrill, 275 F. 3d 958 (10th Cir. Dec. 26, 2001) (transsexual prisoner’s claims to lack of
appropriate medical treatment in prison barred by prior judgment).
Faulhaber, In re Marriage of, 2002 WL 1401066 (Ohio App., 11th Dist., June 28, 2002) (not
officially published) (unanimously affirming the trial court and awarding permanent custody of
two young boys to their father after their lesbian mother converted to Islam and decided to live
with another woman who is a convicted sex offender).
Feathers v. Board of Medicine, -- S.E.2d -- , 2001 WL 1525179 (W. Va. Supreme Ct. App., Nov.
28, 2001) (denied writ of prohibition against discovery of doctor’s files which contained HIVrelated patient information).
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Federal Maritime Commision v. South Carolina State Ports Authority, 535 U.S. 743 (U.S.
Sup.Ct., May 28, 2002)(holding by a 5-4 vote that the 11th Amendment’s sovereign immunity
principles bar a private party from suing a state agency before a federal regulatory agency for
violation of a federal statute).
Fisher v. Gibson, 282 F.3d 1283 (U.S.Ct.App. 10th Cir., March 12, 2002) (holding that petitioner
was prejudiced by counsel’s deficient performance that fell below objectively reasonable standards
of professional attorney conduct, writ granted).
Fitzgerald v. Ford Marrin Esposito Witmeyer & Gleser, L.L.P., 2002 WL 313225 (U.S.Ct.App.
2nd Cir., Feb. 27, 2002)(unpublished disposition)(reversing of a JNOV and reinstating a jury
verdict for plaintiff in her Title VII hostile environment claim).
Flizack v. Good News Home for Women, Inc., 346 N.J. Super. 150, 787 A.2d 228 (N.J.
App.Div., Dec. 26, 2001) (same-sex harassment case does not require showing that harasser was
seeking sexual gratification).
Florida, State of v. Levy (U.S.Dist.Ct., Ft. Lauderdale, Dec. 28, 2001) (sentencing rabbi for
having sex with teenage boy).
Flowers v. Southern Regional Physician Services, Inc., 286 F.3d 798 (U.S.Ct.App. 5th Cir., March
26, 2002) (affirming an employer’s liability for nominal damages but denying liability for
attorney’s fees for litigation brought by a HIV+ former employee’s action under the Americans
with Disabilities Act (ADA)).
Fotiades v. Beth Israel Medical Center, NYLJ, Feb. 1, 2001, p. 18, col. 1 (N.Y. Supreme Ct.,
N.Y. Co.) (Rejecting sexual orientation discrimination claim).
Franklin Central Gay/Straight Alliance v. Franklin Township Community School Corporation,
2002 WL 32097530 (U.S.D.C., S.D.Indiana, Aug. 30, 2002) (not officially published) (Finding
that under federal Equal Access Act the gay-straight student alliance has a right to official
recognition and to meet at the public school).
Frazier v. Fairhaven School Committee, 276 F. 3d 52 (1st Cit., Jan. 9, 2002) (rationale of Oncale
applies to same-sex harassment claim against public school system under Title IX, which forbids
sex discrimination in educational programs that received federal financial assistance).
Frazier, Commonwealth of Mass v., 779 N.E.2d 165 (Ma.Ct.App., Nov. 27, 2002)(holding that
the district court erred in granting Frazier a new trial after he alleged a videotape might be
available to acquit him of an assault with intent to intimidate charge stemming from his perceived
view of two women based sexual orientation).
Fulk v. Fulk, 827 So.2d 736 (Miss.Ct.App., Oct. 8, 2002) (reversing a lower court decision after
finding that a mother’s lesbianism had been unduly emphasized by the trial court in awarding
custody to the father.).
Garcia v. Garcia, 60 P.3d 1174 (Utah Ct.App., Nov. 15, 2002) (ruling that a formerly-married
woman’s right to alimony was terminated when she began living with another woman in a sexual
relationship).
Gardiner, Estate of Marshall, 42 P.3d 120 (Kansas Supreme Ct., March 15, 2002) (post-operative
10
male to female transsexual who obtained a new birth certificate in another jurisdiction was
nonetheless to be considered male for purposes of Kansas marriage law, thus marriage between
J’Noel Gardiner and Marshall Gardiner was void and J’Noel may not inherit by intestate
succession), petition for certiorari pending.
Gardiner v. Gardiner, No. 01-1853, 71 USLW 3002 (Oct. 7, 2002) (denying certiorari to a
Kansas case (see Gardiner, Estate of Marshall, 42 P.3d 120) to decide on the merits a case
regarding transsexual rights).
Gay Guardian Newspaper v. Ohoopee Regional Library System, 235 F.Supp.2d 1362 (S.D.Ga.,
Nov 19, 2002)(rejecting a newspaper’s first amendment challenge that a library has the right to
eliminate a free literature table in its lobby in response to patron complaints about the inclusion of
local gay newspaper).
Gay & Lesbian Advocates & Defenders v. Attorney General, 763 N.E.2d 38 (Mass. Sup. J. Ct.,
Feb. 21, 2002) (Declaratory judgment action seeking declaration that state laws against oral and
anal sex don’t apply to private, consensual adult activity did present an “actual controversy” and
thus should be dismissed, but court “clarifies” prior precedents to make clear the declaration is
unnecessary because laws do not apply to such activity).
Georgetown v. Tran, 2002 WL 818079 (E.D.La., April 25, 2002) (not officially published)
(dismissing a challenge to a federal magistrate’s decision denying an HIV+ prisoner’s legal
challenge to his work classification).
Gillen v. Fallon Ambulance Service, Inc., 283 F.3d 11 (U.S.Ct.App. 1st Cir., March 19, 2002)
(vacating and remanding a decision against a genetic amputee with only one completely
functioning arm who sued ambulance service under the American with Disabilities Act (ADA) for
failing to hire her as emergency medical technician (EMT)).
Goodrich v. Dept. of Public Health, Civ. Act. No. 2001-1647-A (May 7, 2002) (granting the
state’s motion for summary judgment and holding that the question of whether same-sex couples
should be able to marry in Massachusetts is a matter for the legislature).
Goodridge v. Department of Public Health, 2002 WL 1299135 (Mass. Super. Ct., May 7, 2002)
(granting summary judgment for the state in same-sex marriage suit).
Goodwin v. United Kingdom (Application No. 28957/95) and I v. United Kingdom (application
No. 25680/94), (July 11, 2002) (European Court of Human Rights unanimously upheld
transsexuals’ rights to amend birth certificates and different-sex marriages in the United
Kingdom).
Gonzalez-El v. Michigan Dept. of Corrections, 2002 WL 393065 (Mich., March 12,
2002)(unpublished opinion)(ruling that a prisoner’s status could be labeled “homosexual
predator”).
Gonzalez v. Massanari, 2002 WL 362759 (U.S.Dist.Ct., S.D.N.Y., March 6, 2002) (not officially
published) (affirming a motion by the Commissioner of Social Security denying an HIV+ applicant
Supplemental Security Income (SSI) disability benefits).
Graves v. Warner, 656 N.W.2d 195 (Mich.Ct.App., Oct. 22, 2002) (rejecting a jury award of $29
million to the surviving heir of Scott Amedure, a gay man murdered by Jonathon Schmitz three
11
days after the two men participated in a taping of the Jenny Jones television talk show).
Greene v. New England Deaconess Assoc., Inc., 2002 WL 31677209 (Ma.Super.Ct., Oct. 15,
2002) (not officially published)(refusing to grant defendant, employer, summary judgment on
discrimination claim brought by plaintiff based on her sex and perceived sexual orientation).
Grimm v. US West Communications, Inc., 644 N.W.2d 8 (Iowa Sup. Ct., May 8,
2002)(reinstating a lawsuit brought by a lesbian on various state grounds against her employer
after suffering ongoing harassment and wrongful termination).
Hagan v. Coca-Cola Bottling Co., 804 So.2d 1234, 26 Fla. L. Weekly S812 (Fla. Sup. Ct., Dec.
13, 2001) (reviving emotional distress suit by women who mistakenly believed their Coke bottle
contained a used condom; apparent exception to Florida rule requiring evidence of actual injury as
prerequisite for emotional distress claim).
Halpern v. Canada (No.684/00) and Metropolitan Community Church of Toronto v. Canada (No.
39/2001), (http://www.sgmlaw.com/user-files/filesevent/file_1413620_halpern.pdf) (July12,
2002)(unanimously holding that the exclusion of same-sex couples from civil marriages is
unjustifiable sexual orientation discrimination).
Hamm v. Weyauwega Milk Products, Inc., 199 F.Supp.2d 878 (E.D. WI., May 9, 2002)(granting
summary judgment to employer on a same-sex hostile environment harassment claim under Title
VII).
Hanna v. Turner, 735 N.Y.S.2d 513 (N.Y. App. Div., 1st Dept., Dec. 27, 2001) (affirming order
holding New York City welfare agency in contempt for failure to comply with court order
requiring prompt provision of suitable housing for homeless people with HIV/AIDS).
Harlen Associates v. Incorporated Village of Mineola, 273 F.3d 494 (2nd Cir., (N.Y.)Nov. 16,
2001) (holding that equal protection guarantee also extends to individuals who allege no specific
class membership, but are nonetheless subjected to invidious discrimination at the hands of
government officials and that denial of a special permit did not violate owner's equal protection or
substantive due process rights).
Harris v. Department of Corrections, 2002 WL 462722 (Cal. App. 1st Dist., Mar 27, 2002)
(unofficially published) (holding that the standards developed in federal sexual harassment
litigation could be applied in a California Fair Employment and Housing Code context and that a
male prison guard had pled sufficient facts to withstand a motion for summary judgment).
Hawaii, State of v. Bani, 97 Haw. 285, 36 P. 3d 1255 (Haw. Supreme Ct., Nov. 21, 2001)
(Hawaii version of Megan’s Law constitutionally flawed because defendants not given
opportunity for hearing on whether public notification is appropriate in their case).
Hawaii, In the Matter of _____, HCRC No.9951; EEOC No.37B-A0-0061 et al., D.R. No.020015 (June 28, 2002) (unanimously authorizing an investigation of transexual discrimination
complaints on gender stereotyping theory in employment).
Hawkins v. Bon Appetit Mgt. Co., 2002 WL 34039135 (D.Or., Oct. 22, 2002) (federal
magistrate returned a hostile environment sexual harassment claim by a former employee of
defendant to the Oregon state court over defendants objections).
12
Hawkins v. Massanari, 2002 WL 379898 (D.D.C. March 8, 2002) (not officially published)
(remanding a case for further fact-finding regarding an HIV+ applicants claim for disability
benefits).
Hedrich v. Board of Regents of University of Wisconsin System, 274 F.3d 1174 (U.S.Ct.App., 7th
Cir., Dec. 19, 2001) (denying claim of heterosexual woman professor that she was denied tenure
due to her sexual orientation, based on allegation that her close friendship with another male
professor was motivating factor in tenure denial).
Heller v. Columbia Edgewater Country Club, 195 F.Supp.2d 1212 (U.S.Dist.Ct. Or., Mar 5,
2002) (denying summary judgment for employer and holding that city did not lack authority to
enact ordinance making it unlawful to discriminate in employment on basis of sexual orientation
and plaintiff claims were actionable under Title VII).
Henault v. Castagna, 2002 WL 1335602 (D.Cal., 4th Dist., June 19, 2002) (not officially
published) (rejecting a undue influence challenge to the last will and testament).
Henrietta D. v. Giuliani, 246 F.3d 176 (2d.Cir., Apr. 9, 2001) (upheld trial court’s ruling that city
violated American with Disabilities Act, and other federal, state, and city laws by failing to
provide meaningful access to public assistance programs residents with AIDS or HIV- related
illnesses); 2001 WL 1602114 (U.S.Dist.Ct., E.D.N.Y., Dec. 11, 2001) (endorsing report of
federal magistrate recommending compliance measures to govern New York City’s administration
of AIDS benefit programs).
Henry, State of Ohio v., 783 N.E.2d 609 (Ohio Ct. App., 7th Dist., Dec. 18, 2002) (affirming
conviction for public indecency after defendant was caught masturbating in public restroom by a
police surveillance camera).
H.H., Ex parte, 830 So.2d 21 (Alabama Supreme Ct., Feb. 15, 2002) (lesbian mother’s allegations
that father engaged in child abuse failed to meet requirement for material change of circumstances
to justify change of custody for minor children; concurring opinion by Chief Justice Moore asserts
that gays are presumptively unfit to custody because homosexuality is inherently evil behavior).
Higgins v. New Balance Athletic Shoe, Inc., 194 F.3d 252 (1st Cir. 1999) (upholding male sexual
stereotyping claim under Title VII).
Housing Works, Inc. v. Giuliani, 179 F. Supp. 2d 177 (U.S.Dist.Ct., S.D.N.Y., Nov. 30, 2001)
(rejecting motion to dismiss main portions of suit alleging city officials improperly retaliated
against AIDS service organization because of its political advocacy against administration AIDS
policies).
Housing Works, Inc. v. Kerik, 283 F.3d 471 (U.S.Ct.App, 2nd Cir., March 7, 2002) (reversing a
lower court’s ruling and holding that the City of NY may enforce its ban on electronic
amplification at City Hall rallies).
Hover v. Chapman, 2002 WL 31458296 (Cal.App. 4th Dist., Nov. 5, 2002) (not officially
published) (affirming the trial court decision that the former life partner of a deceased life
insurance policy holder had not made a sufficient showing that the sister of the deceased had
unduly influenced the deceased to name her beneficiary of the insurance policy instead of former
life partner).
13
Hudson v. New York City, 271 F.3d 62 (2nd Cir., Nov. 1, 2001) (holding that individuals who
directly engage in harassment could be liable if they were acting under the color of state law).
Humphrey v. Appellate Division of Superior Court, 58 P.3d 476 (Cal., Dec. 9, 2002)
(unanimously ruling that a search warrant could be issued requiring HIV testing of a man accused
of sexually abusing two girls based on mother’s affidavit).
Hutchins v. State of Texas, 2002 WL 31769017 (Texas Ct.App) (designated no publication)
(affirming conviction of plaintiff who claimed self-defense in the nurder of an HIV+ woman).
HX Magazine v. City of New York, 2002 WL 31040650 (S.D.N.Y., Aug. 13, 2002) (not
officially published) (granting preliminary injunction against the City of New York to a gay
publication and other co-plaintiffs from enforcing a 1939 statute concerning street distribution).
Hyman v. City of Louisville, 2002 WL 31780201 (6th Cir., Dec. 9, 2002)(unpublished
opinion)(dismissing an appeal for lack of jurisdiction brought by a gynecologist who opposed a
Louisville ordinance banning sexual orientation and gender identity employment discrimination).
Ianetta v. Putnam Investments, Inc., 183 F. Supp. 2d 415 (D. Mass., Jan. 29, 2002) (rejecting
same-sex harassment case where male employee was called “faggot” and suffered retaliation for
filing claim with state civil rights agency, because employer had legitimate, non-retaliatory reason
for discharge).
In the interest of Peter & George Hart, 806 A.2d 1179 (Del. Fam. Ct., Sept. 28, 2001) (approving
a second-parent adoption by a gay man).
J.A.L. v. E.P.H., 453 Pa. Super 78, 682 A.2d 1314 (Pa. Super. Ct. 1996) (in visitation context,
court should protect psychological bond formed between child and third party).
Janis C. v. Christine T., 742 N.Y.S.2d 381 (N.Y.App.Div., 2nd Dept., May 20, 2002) (former
same-sex domestic partner lacks standing to seek visitation with former partner's child).
Jegley v. Picado, 80 S.W.3d 332 (Ark., July 5, 2002)(holding that the state’s same-sex sodomy
law is unconstitutional as applied to private behavior by consenting adults).
John Doe v. An Alabama School District, (June 2002) (civil rights suit filed by a closet gay
teacher seeking damages after claiming of discharge simply because of his sexual orientation.)
Jones v. Petersburg Dept. of Social Services, 2002 WL 15807 (Va. Ct. App., Jan. 8, 2002) (not
officially published) (termination parental rights of HIV+ father with drug dependency problems).
Joseph Aiello, In re. Debtor, 284 B.R. 756 (Bankr. E.D.N.Y., Nov. 4, 2002) (holding that debt
incurred by plaintiff for medical expenses of his cohabitating domestic partner be treated the same
as other personal expenses in evaluating a motion to dismiss regarding the U.S. Bankruptcy
Trustee).
Kansas, State of v. Limon, 2002 Kan. App. LEXIS 104 (Feb. 1) (not designated for publication)
(rejects constitutional equal protection challenge to law under which consensual oral sex between
male teens draws a substantially longer sentence that would same conduct involving teens of
opposite sex; holds that gay sex lacks constitutional protection, so no equal protection challenge
can be raised).
14
Kantaras v. Kantaras (Fla. Cir. Ct., Pasco-Pinellas County) (ongoing litigation over visitation and
custody rights of female-to-male transgender father to children conceived by wife whom he
adopted during marriage).
Keller v. Bennett, 2002 WL 975306 (N.D.,NY., Mar. 21, 2002) (unpublished opinion) (denying
petition of habeas corpus for a man convicted of 2nd degree murder of an alleged gay man).
Kemmer v. Beltrami County/Beltrami County Sheriff’s Dept., 2002 WL 1348007 (D. Minn., June
18, 2002) (not officially published) (holding that a county police officer who allegedly twice
solicited a gay teenager to give him a “blow job” may be liable to the youth for sexual abuse).
Knee, People v., 2002 WL 31623598 (Cal.App., 5th Dist., Nov. 21, 2002) (not officially
published) (unanimously upheld the first degree murder conviction of defendant who identified
himself as gay or bi after he gunned down a man a church pantry who allegedly came onto him in
the past).
Knight v. Connecticut Department of Public Health, 275 F. 3d 156, 87 F.E.P. Cases 728
(U.S.Ct.App., 2nd Cir., Dec. 12, 2001) (upholding discipline for public employees who behaved
inappropriately by injecting religion into their dealings with clients, including same-sex couple
receiving AIDS services).
Kosilek v. Maloney, 221 F.Supp.2d 156 (D. Mass, Aug. 28, 2002)(requiring the Mass. Prison system
as required by the constitution to provide adequate medical treatment to their prisoners suffering from
gender identity disorder).
Kressler v. Four Winds Hospital, 2002 WL 1300057 (S.D.N.Y., June 11, 2002) (not officially
published) (granting the defendant’s motion to dismiss and holding that requesting the plaintiff to
subject to an HIV test after a needle prick did not state a cause of action under the ADA).
Kvartenko v. Ashcroft, 33 Fed.Appx. 262 (9th Cir., Feb. 6, 2002) (denying a Ukrainian citizen’s
petition for review of his application for asylum regarding sexual orientation persecution).
Labathe, People v., 2002 WL 31458258 (Cal.App., 5th Dist.., Nov. 5, 2002) (not officially
published) (unanimously upheld the conviction of defendant who is HIV+ for assault with a
deadly weapon by spitting).
Lacey v. Lacey, 822 So.2d 1132 (Miss., July 23, 2002) (holding that the lesbian lover of noncustodial mother has equivalent visitation rights to straight male’s girlfriend).
La Day v. Catalyst Technology, Inc., 302 F.3d 474 (U.S.Ct.App., 5th Cir., Aug. 15, 2002)
(reversing a dismissal of a same-sex harassment claim brought by a male employee based upon sex
by virtue of his male supervisor’s apparent homosexuality and whether supervisor subjected
employee to a hostile work environment).
Lamaritata v. Lucas, No. 2D01-3293, (Fla. 2nd D.C.A., Aug. 16, 2002) (ruling that a sperm donor
has no parental rights by virtue of Fla. Stats. Sec.742.14).
Landry, Commonwealth of Mass. v., 779 N.E.2d 638 (Ma., Dec. 6, 2002)(finding that participants
in lawfully authorized needle-exchange programs in particular cities may not be arrested and charged
with violating local laws when they travel outside those cities to other parts of the state).
15
Lavoie v. MacIntyre, 2002 WL 318299064 (Conn.Super.Ct., Nov. 26, 2002) (not officially
published)(ruling that plaintiff is entitled to a visitation schedule with the two children she was raising
with her former partner prior to their break-up).
Lawrence v. State of Texas, 41 S.W.3d 349 (Tex. Ct. App.14th Dist., March 15, 2001) (reversing
the lower court and holding that defendants conviction under a Texas sodomy law did not violate
the equal protection clauses or the Texas Equal Rights Amendment or constitutional privacy
guarantees) (on Dec 2, 2002 the US Supreme Court announced that it will review this decision).
Lemon v. Kurtzman, 403 U.S. 602 (1971) (to avoid 1st Amendment liability on religious grounds,
gov’t action must have secular purpose, not have principal effect of advancing or inhibiting
religion, and not lead to excessive government entanglement with religion).
Lewis v. Harris, __ N.J. Super. ___ (N.J. Super.Ct., Hudson County Ch. Div., June 26, 2002)
(not officially published) (first case filed by Lambda Legal Defense & Education Fund seeking
injunctive relief against state officials who refused to provide marriage license applications to
seven couples seeking same-sex marriages).
Lewis v. Life Care Center of America, Inc., 2002 WL 14889602 (Tenn.Ct.App., July 12, 2002)
(not officially published) (granting summary judgment to defendant after criminal charges were
dropped by a female patient who falsely accused a nursing student of rape after learning she was a
lesbian. Student originally claimed the her supervisor owed her a duty of care).
Lie v. Sky Publishing Corp., 2002 WL 31492397 (Mass.Super., Oct. 7, 2002) (not officially
published) (holding that a transgendered person who claims she was discharged because of her
refusal to dress as a man at work could claim unlawful discrimination on account of sex and
disability).
Littleton v. Prange, 9 S.W.3d 223 (Tex.Ct.App., Oct. 27, 1999) (held as a matter of first
impression that ceremonial marriage between a man and a transsexual born as a man, but
surgically and chemically altered to have the physical characteristics of a woman, was not valid,
and thus, transsexual lacked standing to bring claim as man's surviving spouse under wrongful
death and survival statutes).
Lofton v. Kearney, 157 F.Supp.2d 1372 (U.S.Dist.Ct., S.D.Fla., Aug. 30, 2001) (appeal by the
ACLU challenging Florida’s ban on gay people adopting children).
Louisiana, In State of. v. Plaisance, 811 So.2d 1172 (La. Ct. App. 4th Cir., March 6, rehearing
denied, April 16, 2002)(upholding 2nd degree murder conviction of defendant in shooting of older
gay man).
Louisiana, State of v. Smith, 766 So.2d 501 (La. July 6, 2000) (right of privacy under state
constitution does not extend to oral or anal sex between consenting heterosexual adults in a motel
room).
Louisiana Electorate of Gays and Lesbians, Inc. v. State of Louisiana, 806 So.2d 678 (La. Ct.
App. 4th Cir., Nov. 14, 2001) (holding court has jurisdiction of state’s appeal in case challenging
constitutionality of crime against nature statute).
Louisiana Electorate of Gays and Lesbians, Inc. v. State of Louisiana, 812 So.2d 626 (La. Sup.
Ct., March 28, 2002) (vacating and transferring trial court decision for failure to follow State law
16
that the privacy clause of the Louisiana Constitution does not protect oral and anal sex).
Louisiana Electorate of Gays and Lesbians, Inc. v. State of Louisiana, 833 So.2d 1016 (La. Ct.
App. 4th Cir., Nov. 20, 2002) (holding that La. R.S. 14:89, the state’s Crime Against Nature
Statute is constitutional).
Lovell v. Comsewogue School District, 214 F.Supp.2d 319 (E.D.N.Y., Aug. 15, 2002) (rejecting
defendant’s dismissal motion and ruling that discovery proceed regarding out lesbian teacher’s
equal protection suit against school district alleging improper action and inaction in response to
anti-gay harassment).
Low v. Golden Eagle Insurance Co., 2002 WL 31598843 (Cal.App., 1st Dist., Nov. 20, 2002)(not
officially published) (affirming that an insurance company in liquidation did not have a contractual
obligation to defend its insured, an employer, against defamation and invasion of privacy claim
brought by a supervisory employee against the employer arising out of a radio broadcast during
which the supervisor’s sexual orientation and positive HIV status was discussed).
L.S.K. v. H.A.N., 813 A.2d 872 (Super.Ct.Pa., Dec. 17, 2002) (unanimously finding that the
responsibility to pay child support goes along with the right to custody and visitation regaring a
lesbian co-parent who lives in Pa and must regular child support payments to her former partner
who now lives in California).
Luke, In Re Adoption of v. State of Nebraska, 263 Neb. 365 (March 8, 2002) (holding that
second-parent adoptions were not permitted under Nebraska state law).
Mack v City of Detroit, 467 Mich. 186 (July 31, 2002) (ruling that a lesbian formerly employed as
a police officer cannot enforce rights of freedom from sexual orientation discrimination in the
workplace by suing the city and its police department in state court).
Malena v. Marriott International, Inc., 651 N.W.2d 850 (Nb., Oct. 11, 2002)(reversing a
$200,000 jury verdict against Marriott in favor of a woman who claimed she sustained emotional
injury, partly due to fear of having contracted HIV-infection, after being stuck by a foreign needle
and syringe in her hotel room in 1994).
Mantooth v. American National Red Cross, 253 Ga.App. 587 (Ga.App., Feb. 6, 2002) (holding
that a woman cannot recover for emotional distress without proving she was actually infected
with HIV).
Manuel S., In re, 2002 WL 1970236 (Cal.Ct App., 4th Dist., Aug. 26, 2002) (unpublished
opinion) (ruling that a 17-year-old recent immigrant who forced himself sexually on a 12-year-old
girl must submit to an HIV test).
Marchi v. Board of Cooperative Educational Services of Albany, 173 F. 3d 469 (2nd Cir. 1999)
(state-compensated interpreter for deaf student at parochial school does not violate Establishment
Clause because interpretation is neutral).
Mario v. P&C Food Markets, Inc., 313 F.3d 758 (2nd Cir., Dec. 20, 2002)(unanimously holding
that gender reassignment surgery is merely “cosmetic” and not “medically necessary” and thus
upheld the refusal of an employee benefits plan to cover the costs of such procedures).
Marley v. Ibelli, 2001 WL 1346010 (U.S.Dist.Ct., S.D.N.Y., Oct. 31, 2001) (not officially
17
published) (dismissing tort claims against co-employees by gay employee of Smithsonian
Museum).
Marshall v. Floral Telephone Servs., Inc., 2002 WL 1376231 (Cal.App., 2nd Dist., June 26, 2002)
(not officially published) (granting defendant summary judgment after plaintiff could not establish
a prima facie case alleging disability discrimination and retaliatory firing).
Martin v. City of Gainesville, 800 So. 2d 687 (Fla. Dist. Ct. App., 1st Dist., Nov. 30, 2001)
(rejecting challenge to city domestic partnership ordinance).
Martin v. New York State Dept. of Correctional Servs., 224 F.Supp.2d 434 (N.D.N.Y., Sept. 26,
2002)(holding that in order to sustain a federal sexual harassment claim, a homosexual man must
demonstrate that he “acts, or is even perceived to act, in an effeminate maneer”).
Martinez v. City of Schenctady, 97 N.Y.2d 78 (Ct.App., Nov. 19, 2001) (affirming arrestee’s
alleged constitutional violations did not support a tort claim, a malicious prosecution claim or a
false imprisonment claim).
Massachusetts, Commonwealth of v. Collins, 54 Mass.App.Ct. 1109 (Mass. App. Ct., April 3,
2002) (rejecting claims of error below and defendant’s argument that a kiss cannot be an indecent
assault because it did not involve unwanted touching of “private parts”).
Massachusetts, Commonwealth of v. Harris, 761 N.E.2d 1012 (Mass. App. Ct., Feb. 1, 2002)
(not officially published) (upholding conviction of aggressive gay cruiser).
Massachusetts, Commonwealth of v. Jaynes, 770 N.E.2d 483 (Mass. App. Ct., June 21, 2002)
(upholding a 2nd degree murder conviction and kidnapping charge against a pedophile after
attempting to interest a 10-year-old boy in having sex ended tragically in the boy’s death).
Massachusetts, Commonwealth of v. Wise, 54 Mass.App.Ct. 1102 (Mass. App. Ct., Feb 23,
2002) (upholding a conviction of a night custodian who allegedly distributed obscene material an
material harmful to minors).
McDonald v. McDonald, 850 So.2d 1182 (Miss.Ct.App., Oct. 1, 2002, rehearing denied, Dec. 17,
2002) (granting a lesbian custody of her children after her husband had custody and defied
visitation orders to the point of contempt of court in order to prevent his two younger from
seeing their mother).
McKelvey v. Pierce, 800 A.2d 840 (N.J., June 10, 2002)(reversing and holding that a man was
entitled to pursue his contract and tort claims against a group of Catholic priests and the
Archdiocese of Camden, based on allegations of same-sex harassment while in training for the
priesthood).
Melzer v. Board of Education of the City of New York, 196 F.Supp.2d 229 (U.S.Dist.Ct.,
E.D.N.Y., Feb. 26) (Board of Education did not violate First Amendment rights of teacher
discharged due to his active membership in North American Man Boy Love Association
(“NAMBLA”)).
Menchaca v. American Medical Response of Illinois, Inc., 2002 WL 48073 (N.D.Ill., Jan. 14,
2002) (not officially published) (evidence of anti-lesbian slurs is admissible and probative of intent
in Title VII termination case alleging sex discrimination).
18
Miguel v. Guess, 51 P.3d 89 (Wash., July 18, 2002) (holding a discharged lesbian public
employee can invoke the Equal Protection Clause of the US Constitution’s 14th amendment to
ground her discrimination claim against a public hospital).
Minichiello v. The Supper Club, 745 N.Y.S.2d 24 (N.Y.App.Div. 1st Dept., July 18, 2002)
(unanimously reversing a grossly excessive damage reward and reversing for a new trial a jury
verdict for a gay former employee who sued his former employer for sexual orientation
discrimination).
Missouri, State of v. McIntyre, 63 S.W.2d 312 (Mo. Ct. App., W.D., Dec. 26, 2001) (affirms
conviction of man for playing sex game with victim involving touching genitals).
Missouri, State of v. Moss, 83 S.W.3d 604 (Mo.Ct. App., E.D., 2nd Div., June 18, 2002)
(upholding the conviction of defendant for “recklessly exposing his former girlfriend to HIV
without her knowledge and consent through unprotected sex”).
Montalbano v. Tri-Mac Enterprises, 236 A.D. 2d 374, 652 N.Y.S.2d 780 (N.Y.App.Div., 2nd
Dept., 1997) (establishing standards for determining AIDS panic cases).
Moran v. Fashion Institute of Tech., 2002 WL 31288272 (S.D.N.Y., Oct. 7, 2002) (not officially
published) (federal magistrate recommended that summary judgment be granted to the defendant
in a same-sex sexual harassment case).
Morenz v. Progressive Insurance Co., 2002 WL 1041760 (Ohio Ct. App., 8th Dist., May 23,
2002) (not officially published) (holding that an employee did not suffer an actionable invasion of
privacy when a co-worker asked him if he was gay).
Morgan v. Grzesik, NYLJ, Dec. 24, 2001 (N.Y.App.Div., 4th Dept., Nov. 9, 2001) (rejecting
constitutional challenge to state law authorizing grandparents to sue for visitation; court finds
state law sufficiently distinguishable from Washington state statute struck by Supreme Court in
Troxel v. Granville to survive review).
Morris v. Director, Ohio Dept. of Job & Family Servs., 2002 WL 31170458 (Ohio Ct.App. 7th
Dist., Sept. 25, 2002)(slip copy – not officially published)(affirming a decision by the state’s
Unemployment Compensation Review Commission that plaintiff did not have cause to quit her
job, premised on alleged HIV-related harassment by fellow workers).
Mueller v. Commissioner of Internal Revenue, 2002 WL 1401297 (U.S. Ct.App., 7th Cir., June
26, 2002) (not officially published) (holding that the Internal Revenue Code does not violate the
constitution by denying plaintiff and his domestic partner the right to file jointly and benefit from
the standardized deduction for married couples).
Nabb v. United States, 2002 WL 1268032 (N.D.Tex., May 31, 2002) (not officially published)
(concluding sympathetically that while plaintiffs were unquestionably sincere that it is not
uncommon for family members to have higher expectations than an objective person concerning
the quality of care of their loved ones).
National Railroad Passenger Corp. V. Morgan, 122 S.Ct. 2061 (U.S., June 10, 2002) (clarifying
how lower courts should apply the statute of limitations in various types of employment
discrimination cases).
19
Nebraska, People of v. Van, 2002 WL __________ (Neb., July 16, 2002) (not yet published)
(convicting defendant on five felony counts arising from what seems to have begun as a consensual
sadomasochistic activity).
New Jersey, State of v. Cooke, 375 N.J. Super. 480, 785 A.2d 934 (N.J.App.Div., Dec. 13,
2001) (finds trial judge gave inappropriately light sentence to defendant convicted for engaging in
oral sex which he claims was consensual).
New York, People of v. Marino (N.Y. Supreme Ct., Bronx Co., Jan. 2002) (conviction for
murdering gay man).
New York, People of v. O’Brien (N.Y. Supreme Ct., Albany Co., Dec. 2001) (sentencing HIV+
man to 20 years for having sex with two boys) (news report).
Nicholas H., In re, 46 P.3d 932 (Cal., June 6, 2002)(ruling that a man who had been the domestic
partner of a boy’s mother when the child was born, but who was not related to the boy, was
entitled to custody in a situation where the biological father of the boy was not in the picture).
Nielson v. Thomas, 49 P.3d 306 (Ariz. Ct. App., June 27, 2002) (unanimously ruling that
Arizona’s statutory framework does not permit two people of the same gender to have custody of
a child, if only one of the two parents is the legal (i.e. biological or adoptive) parent of the child,
even if both parents raised the child together).
Northcutt v. Oklahoma City-County Board of Health, No. CJ-98-4016-66 (Okla. Co. Dist. Ct.,
Jan. 27, 2001) (awarding $1.4 million damages on negligence claim against city clinic for false
report of HIV transmission).
Ogden v. Keystone Residence, 226 F.Supp.2d 588 (M.D.Pa., Oct. 10, 2002) (ruling that an
openly-gay male supervisor’s sexually oriented remarks to a female employee did not create a
hostile work environment).
Ohio, State of v. Thompson, 95 Ohio St.3d 264, 767 N.E.2d 251 (Ohio Sup. Ct., May 15,
2002)(declaring Ohio’s anti-solicitation statute unconstitutional).
Oiler v. Winn-Dixie Louisiana, Inc., 2002 WL 31098541 (E.D.La., Sept. 16, 2002) (not officially
published) (holding that Title VII of the Civil Rights Act of 1964 does not apply to discrimination
against cross-dressers).
Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75 (1998) (Title VII forbids same-sex
harassment when the victim is subjected to harassment because of sex).
Onishea v. Hopper, 171 F.3d 1289 (11th Cir. 1999) (rejecting disability law challenge to
segregation of HIV+ prisoners and their exclusion from a wide range of prison activities).
Pap’s A.M. v. City of Erie, 812 A.2d 591 (Pa., Dec. 19, 2002) (ruling that a city ordinance
banning all public nudity violates the freedom of expression under Art.I §7 of the Pa.
Consitutution).
Pardo v. General Hospital Corporation, 2001 WL 1772030 (Mass. Super. Ct., Nov. 6, 2001) (not
officially published) (rejecting an attempt by defendants, Harvard Medical School to dispose of a
sexual orientation discrimination claim by a doctor who asked for time off to care for a sick same20
sex partner).
Pedreira v Kentucky Baptist Homes for Children, Inc., 186 F.Supp.2d 757 (U.S.Dist.Ct.,
W.D.Ky., July 23, 2001) (held that defendant’s policy prohibiting employment of people living a
homosexual lifestyle did not constitute religious discrimination in violation of Title VII, or of the
Kentucky Civil Rights Act; although complaint stated claim for violation of First Amendment
establishment clause).
People v. Clayton, 2002 WL 31058331 (Mich.App., Sept. 13, 2002)(not officially published)
(affirming a jury verdict of sexual penetration by an HIV-infected person with an uniformed partner,
a felony, against defendant).
People v. Hall, 124 Cal. Rptr.2d 806 (Cal.Ct.App., 5th Dist., Sept. 5, 2002)( holding that sweat
transmitted from a criminal defendant to peace officers attempting to restrain him sufficient evidence
to compel a defendant to submit to AIDS testing).
People v. Payne, 2002 WL 31732695 (Cal.Ct.App., Dec 6, 2002) (not officially published) (finding
a prosecutor’s use of preemptory challenge against a juror who appeared to be gay did not violate
a criminal defendant’s constitutional rights).
People v. Slack, 2002 WL 198714 (Cal.Ct.App., 5th Dist., Aug. 27, 2002)( finding no probable cause
to order defendant to submit to AIDS testing after having been found guilty of lewd and lascivious
behavior by touching the genitals of a five-year-old girl).
People v. Zuniga, 2002 WL 31054113 (Cal.App.,6th Dist., Sept. 16, 2002)(not officially published)
(upheld the 2nd degree murder conviction of a gay man for the murder of another gay man living in
defendants apartment).
Pettigrew v. Putterman, 771 N.E.2d 1008 (Ill.App.Ct., 1st Dist., May 28, 2002)(reversing summary
judgment and remanding for trial tort claims by a nurse who claimed emotional distress damages for
fear of contracting HIV based on an accident in the operating room at Michael Reese Hospital).
Pettway v. Detroit Judicial Council, 2002 WL 652125 (Mich. Ct. App., April 19, 2002)(unofficially
published) (affirming the trial court and granting summary disposition to the Judicial Council and the
City that because the Detroit Human Rights Ordinance applies to only discriminatory conduct by
employers and plaintiff is not an employee of defendant).
Petty v. Goord, 2002 WL 31458240 (S.D.N.Y., Nov. 4, 2002) (not officially published)
(dismissing plaintiff’s claim alleging that the NYS Dept. of Correctional Services disclosure of
plaintiff’s HIV+ condition violated his rights to privacy and freedom from cruel and unusual
punishment under constitutional and state law and holding qualified immunity of government
official to liability for such acts).
Plymouth-Canton Community Schools and Plymouth Canton Education Association, Grievance
No. 99/00-02 (Glendon, Arbitrator, Nov. 29, 2001) (school officials violated CBA and
constitutional rights of teachers by ordering dismantling of bulletin board displays encouraging
tolerance for gays).
Pollock v. State of Florida, 818 So.2d 654 (Fla.App.3rd Dist., June 12, 2002)(ordering a new trial
for plaintiff who claimed self-defense but was convicted of manslaughter in the killing of a gay
man).
21
Price v. Blood Bank of Delaware, Inc., 790 A.2d 1203 (Del., March 4, 2002)(reargument and
rehearing denied regarding wrongful death action against blood bank, alleging negligence in the
screening & testing of blood donors after patient (now deceased) contracted the HIV virus
following a blood transfusion for acute anemia).
Prince v. Out Publishing, Inc., 2002 WL 7999 (Cal. App., 2nd Dist., Jan. 3, 2002) (not officially
reported) (man pictured in magazine articles about hot circuit parties where drugs were used does
not have defamation claim against gay magazine).
Project Inform v. Swindell, 2002 WL 31677174 (Cal.App. 1st Dist., Nov. 27, 2002) (not officially
published) (upholding injunction that barred specified members of ACT-UP/SF from coming
within 100 yards of employees of the organization).
Pubill-Rivera v. Curet, 218 F.Supp.2d 89 (U.S.Dist.Ct., D.P.R., May 31, 2002) (holding that a
systematic failure and deliberate indifference to the medical needs of prisoners with HIV can only
merely amount to potential negligence).
Quick v. Bond, 2002 WL 31689723 (Cal.Ct App. Dec.2, 2002) (not officially published) (upheld
the validity of a civil restraining order that was issued against a Santa Rosa woman for harassing
her neighbors with homophobic epithets and other menacing conduct).
Quinn v. Nassau County Police Dept., 53 F.Supp.2d 347 (E.D.N.Y., June 28, 1999) (holding that
sexual orientation discrimination may be the basis for an equal protection claim).
Rasmussen v. Unruh, 27 B.R.796 (Bankr. D.Minn., May 8, 2002)(granting plaintiff’s motion as a
creditor to reject defendants bankruptcy petition on grounds that it had materially misstated his
assets and debts).
Rene v. MGM Grand Hotel, Inc., 305 F.3d 1061 (9th Circ., Sept. 24, 2002), c.d., 538 U.S. 922
(2003) (ruling that a gay man may sue his employer for sexual harassment by fellow male
employees under Title VII of the Civil Rights Act of 1964).
Robles v. Senkowski, 2002 WL 441153 (S.D.N.Y., March 21, 2002) (not officially published)
(denying a petition for habeas corpus for a man convicted of 2nd degree murder whose defense
was that he was fending off an attempted homosexual rape).
Roe v. City of New York, 232 F.Supp.2d 240 (S.D.N.Y.); L.B. v. Town of Chester, 232
F.Supp.2d 227 (S.D.N.Y., Nov. 19, 2002) (a pair of rulings that found law enforcement officers
in New York City and the town of Chester (Orange County) were improperly arresting needleexchange program participants for possession of hypodermic works and trace elements of drugs).
Romer v. Evans, 517 U.S. 620 (1996) (state constitutional amendment forbidding state from
forbidding discrimination against homosexuals is prima facie equal protection violation).
Rosengarten v. Downes, 802 A.2d 170 (Conn., July 30, 2002) (affirming sua sponte that
Connecticut lacks subject matter jurisdiction over dissolutions of Vermont Civil Unions).
Rosencrantz, In re, 95 Cal. App. 4th 358, 116 Cal. Rptr. 2d 69 (Cal. Ct. App., 2nd Dist., Jan. 18,
2002) (Under law of the case doctrine, there was no evidence to support the governor’s decision
to reverse the parole board’s recommendation that Robert Rosencrantz, a gay man convicted of
murdering another man who had outed and taunted him shortly after his high school graduation,
22
be paroled from prison).
Rosencrantz, In re, 69 P.3d 174 (Cal., Dec. 16, 2002) (Upholding Gov. Gray Davis’s refusal to
allow Robert Rosencrantz out on parole).
Roth v. Weston, 259 Conn. __ (Ct. Sup. Ct., Jan. 29, 2002) (setting standards for determining
third-party child visitation rights).
Russell v. Bridgens, 264 Neb. 217 (Neb., June 28, 2002) (reversing the trial court which granted
summary judgment against a lesbian co-parent who was seeking custody and visitation rights on
the basis of an out-of-state co-parent adoption order).
Sampson v. Rubin, 2002 WL 31432701 (U.S.Dist.Ct., Ma., Oct. 29, 2002) (not officially
published) (holding that an HIV+ attorney cannot collect damages arising out of an employers
failure to notify him that it had terminated its long term disability insurance plan).
San Francisco AIDS Foundation v. Best 2002 WL 31677132 (Cal.App. 1st Dist., Nov. 27, 2002)
(not officially published) (upholding injunction that barred specified members of ACT-UP/SF
from coming within 100 yards of employees of the organization).
Santiago A. v. Pamela A., 2002 WL 31453319 (Del.Fam.Ct., July 10, 2002) (not officially
published) (ordering a father’s visitation schedule to be extended in order to gradually introduce
his life partner to his children).
School Board v. Arline, 480 U.S. 273 (1987) (first Supreme Court ruling on applicability of
disability discrimination law to contagious conditions; adopts methodology for determining
whether a condition presents a significant risk to others).
Schmidt v. Louisiana, 70 USLW 3444 (March 4, 2002) (decision below reported at 771 So.2d
131) (denying centiorari for a doctor who attempted to murder his over by injecting her with
blood tainted with HIV & hepatitis C.).
Schroeder v. Hamilton School District, 282 F3d 946 (U.S.Ct.App. 7th Cir., Mar. 11, 2002)
(holding that a Wisconsin school district did not violate the federal equal protection rights (under
42 USC 1983) of a public school teacher who was harassed based on sexual orientation).
Seitzman v. Sun Life Insurance Co. of Canada, 311 F.3d 477 (2nd Cir., Nov. 14, 2002) (awarding
insurance company legal fees for having to defend against a disability benefits claim filed “in bad
faith” by plaintiff, an HIV+ doctor).
Sharon S. v. Superior Court of San Diego County, 113 Cal. Rptr. 2d 107, 93 Cal. App. 4th 218
(Cal. Ct. App., 4th Dist., Oct. 25, 2001, as modified on denial of rehearing, Nov. 21, 2001),
review granted by California Supreme Court, Jan. 29, 2002 (rejecting co-parent adoptions, and
holding by implication that all existing co-parent adoptions are illegitimate, despite statute
authorizing such adoptions that will go into effect in 2002; grant of review suspends effect of
decision).
Shaw, People v., 2002 WL 31589935 (Cal.App., 2nd Dist., Nov. 12, 2002) (not officially
published) (unanimously upheld the 50-years-to-life prison sentence of defendant for the murder
of his former lover).
23
Sinclair v. Sinclair, 804 So.2d 589 (Fla. Ct. App., 2nd Dist., Jan. 18, 2002) (court rejects lesbian
mother’s petition for change of custody upon imprisonment of her ex-husband; found best interest
of children served in remaining with their grandmother, who had raised them and formed
psychological bond with them, rather than with mother and her same-sex partner).
Smith v. Bayer Corporation, 2001 WL 1660064 (Cal. Ct. App., 2nd Dist., Dec. 28, 2001) (not
officially published) (jury question whether hemophiliac plaintiffs knew enough about the possible
source of their HIV infection to start time running on statute of limitations).
Smith v. Mission assoc. Ltd. P’ship, 225 F.Supp.2d 1293 (Dist.Ct. Ks., Oct. 4, 2002)(while
noting that anti-gay epithets could contribute to a hostile housing environment, the federal district
court in Kansas reiterated that sexual orientation is not actionable under the Fair Housing Act or
42 USC §1982).
Solomons v. Transition Team (Mich., Oakland Co. Cir. Ct., Mester, J., Jan. 2002) (court rejects
sex discrimination claim by plaintiff claiming to be intersexual).
Speed v. Robins, 732 N.Y.S.2d 902 (N.Y.App.Div., 2nd Dept., March 21, 2002)(leave to appeal
denied, 2002 N.Y. Lexis 891)(affirming a lower court order rejecting a visitation suit filed by a
lesbian co-parent.).
State v. Yonts, 2002 WL 31007957 (Mo.App.S.D., Sept.. 6, 2002)(unpublished opinion) (holding
that a trial court’s error, allowing testimony about how the defendant first contracted HIV before
the jury, did not prejudice the outcome of his trial for recklessly exposing another to HIV.).
Swidriski v. Houston Police Department (U.S.Ct.App., 5th Cir., Dec. 15, 2001) (news report)
(rejecting suit by mother of gay man who was murdered after being denied protective services by
the police deparmtment).
T.B. v. L.R.M., 786 A.2d 913 (Pa. Supreme Ct., December 28, 2001) (“in loco parentis”
common law doctrine provides basis for standing for lesbian co-parent to seek visitation with
child whose birth she planned with her former partner and with whom she lived in a parental role
for the first three years of the child’s life).
T-Up, Inc. v Consumer Protection Division, 801 A.2d 173 (Md.Ct.Spec.App., June 26, 2002)
(upholding the orders against the company and its co-founders and operators for marketing a
“snake-oil” claiming it cured all immune system problems).
Teal v. Chicago Sun-Times, Inc., 2001 WL 1609384 (U.S.Dist.Ct., N.D. Ill., Dec. 14, 2001) (slip
copy) (dismissing retaliation claim against employee discharged for gossiping about sexual
orientation of other employees).
Tennessee, State of v. Harvey, 2002 WL 1162346 (Tenn.Crim.App., May 31, 2002) (not
officially published) (affirming a conviction and consecutive sentences of a 24-year-old parolee
who knowing that he was HIV+ and that his sex partner was only 14 years old, had unprotected
sex with her).
Tenney v. General Electric Co., 2002 WL 1305990 (Ohio App., 11th Dist., June 14, 2002) (not
officially published) (summary judgment to defendant after plaintiff failed to state a claim upon
which relief can be granted for intentional infliction of emotional distress).
24
Tester v. City of New York, 1997 WL 81662 (S.D.N.Y., Feb. 25, 1997) (unofficially published)
(sexual orientation may be the basis for an equal protection claim).
Texas, State of v. Embree (Jury Trial, Dec. 6, 2001) (imposing life sentence on murderer of gay
professor with whom teenage defendant had sex) (news report).
This That an the Other Gift and Tobacco, Inc. v. Cobb County, Georgia, 285 F.3d 1319
(U.S.Ct.App., 11th Cir., Mar. 18, 2002) (denying owners motion for preliminary injunction, the
Court of Appeals held that Georgia’s statute making it a crime to advertise or distribute sex toys
may be unconstitutional).
Thomas v. Bynum, 2002 WL 31829509 (Texas Ct.App, Dec. 18, 2002) (not designated for
publication)(holding that as long as homosexual sodomy is a crime, it will be per se defamatory to
falsely call someone a “queer”).
Thomas v. Doyle, 2002 WL 857758 (U.S.Ct.App.,7th Cir., May 2, 2002)(unpublished
disposition)(holding that plaintiff could not remedy his failure to exhaust by filing an untimely
appeal and is foreclosed from litigating his case involving alleged harsher treatment for “sexual
conduct” while in prison).
Thomas v. New Commodore Cruise Lines Ltd., Inc., 202 F.Supp.2d 1356 (U.S. Dist.Ct.,
S.D.Fla., May 22, 2002)(granting summary judgment to defendant and holding that an HIV+
seaman was not entitled to “maintenance and cure” under maritime law).
Thompson v. Vivra Renal Care, Inc., 2001 WL 1704243 (Tenn. Sup. Ct. Sp. Workers Comp.
App. Panel, Dec. 11, 2001) (not officially published) (employee who was misinformed that she
had tested HIV+ due to occupational exposure suffered a compensable, work-related disability
based on the psychological impact affecting her ability to work).
Timothy Walton, In re, 122 Cal.Rptr.2d 87 (Cal.Ct.App., 2nd Dist., June 26, 2002) (denying a
petition for a writ of habeas corpus and rejecting an argument that returning a 1973 escaped
prisoner who is now an HIV+ middle-aged man would violate the constitutional ban on cruel and
unusual punishment).
Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 122 S.Ct.681 (Jan. 8, 2002) (Under
ADA, to have a disability, an individual’s impairment must substantially limit their performance of
major life activities, with major life activities being defined to be those activities characteristic of
the average person’s daily life; substantial limitations on particular job-related tasks are not
sufficient to meet the statutory definition; carpal tunnel syndrome was thus not a “disability” in
this plaintiff’s case).
Tripp v. Hinckley, 736 N.Y.S.2d 506 (N.Y.App.Div., 3rd Dept., Jan. 17, 2002) (gay male sperm
entitled to seek increased visitation with child born to lesbian mother using his sperm; biological
father’s rights not limited by agreement with lesbian couple, no waiver or estoppel found).
Troxel v. Granville, 530 U.S. 57 (2000) (state law allowing any third party to petition for child
visitation without giving any particular weight to preferences of child’s biological parents violates
due process rights of parents).
Turner v. Calderon, 281 F.3d 851 (9th Cir., Feb. 12, 2002) (rejecting habeas petition from
convicted murderer who sought to invoke “gay panic” defense).
25
Two Queens, Inc. v. Scoza, 745 N.Y.S.2d 517 (N.Y.App.Div., 1st Dept., July 2, 2002) (holding
that a pre-discovery motion to dismiss could not be issued because an issue of alleged anticompetitive practice regarding a non-compete employment clause needed to be decided between a
former employee of HX after he started to work for Next magazine).
Tyma v. Montgomery County, 801 A.2d 148 (Md.Ct.App., June 14, 2002)(upholding the validity
of Montgomery County’s ordinance that provides domestic partnership benefits for the same-sex
partners of county employees).
Ulane v. Eastern Airlines, 742F.2d 1081 (7th Cir. Aug. 29, 1984) (rejecting a claim that the
discharge of a pilot who had a sex-reassignment procedure violated Title VII).
United Nations Human Rights Committee (Communications No.902/1999: New Zealand,
CCPR/C/75/D/902/1999) (July 30, 2002) (holding that New Zealand did not violate two lesbian
couples rights by denying them marriage licenses under the U.N.’s International Covenant on Civil
and Political Rights).
United States v. Cain, 57 M.J.733 (Army.Ct.Crim.App., Oct. 21, 2002) (affirming the conviction
of defendant on two counts of indecent assault).
United States v. Falkowitz, 214 F.Supp.2d 365 (S.D.N.Y., Aug. 7, 2002) (rejecting defendants
request for dismissal regarding a fraudulent scheme involving viatication of life insurance policies
purchased by people with HIV).
United States v. Filipkowski, 2002 WL 496453 (Air Force Ct.Crim.App., March 29, 2002)
(unofficially published) (affirming the sentence of dismissal of a Captain from the Air Force, two
years confinement and total forfeiture of pay and allowances for using a facility of interstate
commerce (computer instant messaging) to attempt to persuade, induce, entice, or coerce a
person under 18 to engage in sexual activity).
United States v. Nelson & Houghton, 2002 WL 463321 (9th Cir., March 5, 2002) (unofficially
published) (holding that a conviction for possession of child pornography was not tainted by the
admission of gay pornographic computer graphic files).
Valdez v. Clayton Industries, Inc., 2002 WL 31769424 (Cal.Ct.App.,2nd Dist., Dec. 11, 2002)
(not officially published) (holding that plaintiff’s same-sex harassment case could be litigated since
he sued just less than a year after being discharged by employer).
Veney v. Wyche, 293 F.3d 726 (U.S.Ct.App., 4th Cir., June 18, 2002) (ruling against an equal
protection challenge to a prison’s alleged policy of denying all requests by gay male prisoners to
be housed in a double-occupancy cell).
Viruet v. Citizen Advice Bureau, 2002 WL 1880731 (Aug. 15, 2002) (not officially published)
(granting defendant’s summary judgment motion and dismissing plaintiff’s employment
discrimination lawsuit).
Waddell v. Valley Forge Dental Associates, Inc., 276 F.3d 1275 (11th Cir., Dec. 21, 2001) (HIV+
dental hygienist poses “significant risk” to patients; no ADA violation to exclude him from
patient-contact work).
Walker v. National Revenue Corp., 2002 WL 1787983 (U.S.Ct.App., 6th Cir., Aug. 1, 2002)
26
(unpublished disposition)(affirming summary judgment against a gay man who claimed he was
sexually harassed in violation of Title VII by a former female supervisor).
Washington, State of v. France, 110 Wash.App. 1082 (Wash.App. Div. 2, March 29,
2002)(unpublished opinion) (quashing an order for a man found guilty for possession of
methamphetamine to submit to HIV-testing because trial court never made specific finding
whether the drug-related offense was “associated with the use of hypodermic needles”).
Waddell v. Bhat, 571 S.E.2d 565 (Ga.Ct.App., Sept. 24, 2002)(ruling in a case of first impression
that a doctor who performed an HIV test for a dental hygienist who was his patient had a right to
notify the hygienist’s employer of the positive test result, over objections by the hygienist).
Weaver v. Tennessee Army National Guard, 2002 WL 358776 (U.S.Ct.App. 6th Cir., March 5,
2002)(unpublished disposition)(rejecting plaintiff’s appeal and stating that military personnel may
not bring a Title VII action in a civilian court).
Werner v. Tiffany & Co., 738 N.Y.S.2d 326 (App.Div 1st Dept., Feb. 21, 2001) (not officially
published) (finding a law office’s failure was a reasonable excuse to reverse a denial by the lower
court to restore to the trial calendar a employee’s motion alleging discrimination based on
perceived sexual orientation).
West v Commissioner of Internal Revenue, T.C.Summ. Op. 2002-30, 2002 WL 1842519
(U.S.Tax. Ct., Apr. 1, 2002) (ruling that a withdrawal from an IRA by a person with AIDS
seeking a job that would provide uncapped health benefits did not qualify for a “disability”
exemption from the 10% tax penalty imposed on early withdrawals).
West v. Mt. Sinai Medical Center, 2002 WL 530984 (S.D.N.Y., April 9, 2002) (not officially
published) (granting defendant summary judgment holding that female plaintiff’s sexual
harassment claim devoid of evidence regarding plaintiff’s female supervisor making unwanted
sexual advances).
West v. Oxo Chemie, Inc., 2002 WL 31716540 (Cal.Ct.App., 1st Dist., Div. 5, Dec. 4, 2002) (not
officially published)(affirming dismissal involving a man’s breach of privacy claim when a drug
company reported his HIV status to employer).
Whitmire v. State of Arizona, 298 P.3d 1134 (U.S.Ct.App.,9th Cir., Aug. 12, 2002) (ruling an
Arizona state prison inmate can maintain a lawsuit challenging the constitutionality of a prison
policy that prohibits same-sex affection during visits).
Wiggins v. Corcoran, 288 F.3d 629 (U.S.Ct.App., 4th Cir., May 2, 2002)(reversing and holding
that there was sufficient evidence to support a capital murder conviction and defense counsel was
not ineffective for failing to develop social history exposing petitioner’s harsh childhood and subaverage mental capacity).
Wilder v. U.S.A., Covenant House, Inc., Covenant House Health Servs., Inc. & Dr. Trinka
Luzinski, 230 F.Supp.2d 648 (U.S.Dist.Ct., E.D.Pa., Nov. 2002) (memorandum decision)
(dismissing plaintiff’s claim for alleged negligence and emotional injury after being misdiagnosed
with HIV).
Wilburn v. McMahon, 745 N.Y.S.2d 615 (N.Y.A.D., 3rd Dept., July 25, 2002) (affirming the
firing of a male state trooper for cruising two male college students while on duty).
27
Willets v. Interstate Hotels, LLC, 204 F.Supp.2d 1334 (U.S.Dist.Ct., M.D.Fla., May 6,
2002)(granting summary judgment to employer after employee failed to show sufficient evidence
to support a hostile environment claim under Title VII).
Williams v. Pryor, 220 F.Supp.2d 1257 (N.D.Ala., Oct. 10, 2002) (holding that the right to use
vibrators and dildos in the context of consensual adult relationships is protected by the
Constitution and striking down a law making it a crime to sell such devices in Alabama).
Wilson v. Petersburg Dept. of Social Services, 2002 WL 15808 (Va. Ct. App., Jan. 8, 2002) (not
officially published) (termination parental rights of HIV+ father with drug dependency problems).
Wisconsin v. Yoder, 92 S.Ct. 1526 (Wis., May 15, 1972) (holding that religious beliefs can hold
Amish teenagers immune from a state compulsory school attendance law).
28