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'Fairness & Equality Momentum is Unprecedented' Lambda Legal Defense Anticipates Taking a Big Role |
 Compiled By GayToday New York, New York--The momentum toward fairness and equality for lesbians, gay men, and people with HIV has never been greater, according to the Lambda Legal Defense and Education Fund. The organization foresees major developments that include its unprecedented role before the United States Supreme Court. At the same time Lambda sees itself playing its biggest role ever helping to bring civil marriage for gay couples within reach and fueling widespread outrage at the military's mistreatment of lesbian and gay service members. "From marriage to the military, momentum for equality is building," says Lambda Executive Director Kevin M. Cathcart.
"The year 2000 opens with Lambda in its biggest, most far-reaching role ever before the Supreme Court," said Lambda Legal Director Beatrice Dohrn. She outlined the organization's involvement in the High Court's docket, including two cases in which Lambda represents the litigants, Boy Scouts of America v. Dale, and Doe v. Mutual of Omaha. In three other cases, she said Lambda is a friend of the court, offering its perspective on cases that indirectly present issues of importance to lesbians, gay men, and those with HIV. The five U.S. Supreme Court cases are:
-- Doe and Smith v. Mutual of Omaha: Mutual of Omaha limits benefits for HIV-related care to just a fraction of what it pays for most other illnesses. The lifetime caps, which have no basis in actuarial principles, already have forced Lambda's clients to make risky decisions regarding their medical care in order to remain under the caps. Lambda argues that the Court should reverse the Seventh Circuit and hold that the Americans with Disabilities Act protects people with HIV from cruel and discriminatory coverage restrictions. The Justices also are expected to examine the case on January 7. -- Troxel v. Granville: In this case arising from a grandparent's visitation petition, Lambda agrees with the Washington Supreme Court that a state statute allowing any person to petition for visitation of a child at any time is too broad and should be overturned. Lambda's amicus brief urges the justices to strike a balance between parental autonomy, particularly the need of gay parents to be free from the intrusion of those who disapprove of same-sex couples, and the equally important need for courts to consider the best interests of children in non-traditional family arrangements. Argument is scheduled for January 12. -- University of Wisconsin v. Southworth: In this case argued in October, Christian conservatives at the University of Wisconsin continued their so-far successful argument against campus funding for a gay center and other student groups with which they disagree. Lambda's friend-of-the-court brief urges the Court to hold that universities do not violate the First Amendment when they use student activities fees to fund services and groups that ensure students access to a broad range of ideas. -- Davis v. Hopper: On behalf of 10 physicians, and medical and civil rights groups, Lambda's amicus brief supports the ACLU Prisoner's Rights Project in trying to overturn a destructive Eleventh Circuit decision allowing Alabama to segregate HIV-positive inmates. Lambda argues that the Court should hear this case because sound public health principles should guide application of the ADA's protections. "Never before has a lesbian and gay civil rights organization presented to the Court in such a wide array of cases," Dohrn said. Cathcart added, "In just a little over 30 years, we have gone from being an outcast minority to winning a Vermont Supreme Court decision that recognizes our common humanity." She quoted the December 20 ruling that moved lesbian and gay couples significantly closer to winning the freedom to marry. While the Vermont court stopped short of allowing same-sex couples to obtain marriage licenses, it ordered state lawmakers to devise a way to give lesbian and gay couples all the same rights, benefits, and obligations already given to married non-gay couples in the state. Failing to do so, the justices ruled, violates the state constitutional guarantee of equal protection. Lambda was amicus in that case, brought by the Gay & Lesbian Advocates & Defenders and two private Vermont lawyers. The next session of the Vermont legislature begins January 4. Even before the Vermont ruling, a major national poll found two-thirds of Americans expect that gay couples are likely to win the freedom to marry. Meanwhile, public outrage over the murder of a gay soldier has sparked renewed scrutiny and criticism of the military's anti-gay policy.
The nation's oldest and largest legal organization serving lesbians, gay men, and people with HIV/AIDS, Lambda is headquartered in New York, and has regional offices in Los Angeles, Chicago, and Atlanta. |
