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NEWS IN
AIDS Bill, Continued
Having less invested in the bill, the Senate
committee heard twenty individuals and
organizations testify on the proposed
legislation. Among those testifying was Lee, a
PWA; the Department of Human Resources;
the Georgia Nursing Association; Physicians
for Human Rights; the Hemophiliacs
Association; the National Association of
People With AIDS; the Medical Association of
Georgia; the DeKalb County Commission; and
the Georgia AIDS Legislative Coalition. None
of the Senate witnesses could endorse the bill
without reservation.
A petition was presented during the
Committee hearings bearing the signatures of
over a thousand persons who vowed, "Should
the Omnibus AIDS Bill become law, we shall
refuse to be tested!" Serious questions were
raised by committee members as to the
constitutionality and enforceability of the
House version of the bill.
The bill, as recommended by the Human
Resources Committee to the full Senate, is
considered substantially improved by AIDS
activists. Gil Robison, Lobbyist for the
Georgia AIDS Legislative Coalition,
commented, "It somewhat restores my faith in
the Democratic process."
The refined Senate version of the bill
defines body fluids for purposes of determining
HTV transmission as blood, semen and vaginal
fluids. The AIDS battery provisions have been
changed to reckless endangerment, with proof
of intent to transmit the virus placed on the
prosecution. The use of safe sex is now a
legitimate defense against prosecution, and
transmission must be proved by the state.
The confidentiality of HTV records has been
improved, with patient records now afforded
the same protection as psychiatric records,
which are immune from court order.
Physicians must inform patients before
drawing blood that the serum will be tested for
HTV, as well as explain to patients the
implications of the test results.
The number of groups of people affected by
the mandatory testing provisions has been
decreased in the Senate version, with testing
being performed at the recommendation of the
Department of Human Resources, most
probably on a case by case basis. Counseling
must now be given whenever the test is
performed.
AIDS activists, while not oveijoyed with the
Senate committee's version, are pleased with
the changes affected on the "Ominous"
Omnibus AIDS bill. Problems with the current
version include a lack of anti-discrimination
clauses and the remaining mandatory testing
provisions.
As Southern Voice went to press, there
were five remaining legislative days in the
1988 session. Activists now worry that
negative amendments will be added to the bill
either on the Senate floor or in the House-
Senate compromise committee which will
incorporate the two chamber's versions of the
bill into the final bill to be signed by Governor
Joe Frank Harris.
-Kurt Rahn
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BRIEF
Gay Cuban Marielitos Sought
Houston - Representative Barney Frank
(D-MA), the first Congressional
representative to voluntarily identify
himself as a gay man, is searching for
information on gay men imprisoned
after arriving in the U.S. during the
Marie! ito exodus of Cuba. He is
specifically looking for inmates who
have been imprisoned solely for being
homosexual.
It has been estimated that as many as
50 percent of the Cuban inmates who
rioted in Atlanta and Oakdale, Louisiana
during December are gay, and are being
imprisoned solely because of their
sexual orientation. Many of those
incarcerated have been in prison for up
to eight years and have never had a trial.
Representative Frank is a sponsor of a
bill which would repeal the anti
gay/lesbian provisions of the current
American Immigration Law. This law
was used by the Reagan Justice
Department to hang many of the
Marielitos in limbo at the Atlanta
Federal Penitentiary and the Oakdale
Federal Alien Detention Center.
It is feared that the recent government
agreements which were reached in order
to quell the December riots may not
apply to any gay Cuban refugees
currently being detained. Anyone with
specific information on gay Marielitos,
or who wishes to support Congressman
Frank in his efforts, can contact him by
mail at The U.S. House of
Representatives, 1030 Longworth
Building, Washington, D.C. 20515. His
telephone number is (202) 225-5931.
Female Marines accused of
lesbianism
Parris Island - Two women in the
Marine Corps have been suspended
from duty and could face a court-martial
on charges of engaging in homosexual
acts at the Marine's training camp for
women at Parris Island in South
Carolina.
The details of the case were not made
available by the Marine Corps
spokesperson, but he said that the
"indecent acts" with which they are
charged are related to "sexual
misconduct with other women service
members." He said more specifics will
be revealed during a hearing where the
Marine women, a Captain and a
Sergeant, will be allowed to respond to
the charges.
Several other women at the base have
been suspended because of this
investigation into the sexual practices at
the camp.
The Marine Corps spokesperson was
asked about the recent appeals court
decision ruling military practices against
homosexuality to be discrimination that
violates the protection offered by the
Constitution.
He responded, claiming the ruling
applies only to the Army, and added it
could be overturned on appeal.
The Marine Corps' announcement of
the charges came only one day after a
group of Marine women gave an
anonymous interview to a South
Carolina newspaper saying as many as
ten women at the base were being
investigated.
In the interview, they denied they
were lesbians, saying the Marines want
to punish them for not appearing
feminine, and for acting the way they've
been trained to act, like Marines.
They expressed concern that the
investigation is based on speculation,
innuendo, and conjectures, saying they
can be discharged if officials have
enough people to say in court that they
are homosexual "Not what they know,
what they've seen. What they think."
Watkins Gains Favorable
Decision Against Army
The recent ruling by the 9th Circuit
Court of Appeals striking down Army
regulations against gays and lesbians is
being called by many a major landmark
in the struggle for gay and lesbian rights.
The Court ruled on February 10 that the
Army can no longer discharge or refuse
to re-enlist gay men and lesbians solely
because of their sexual orientation.
The case involved the Army's
decision to reject the re-enlistment of
Sergeant Perry J. Watkins because of his
sexual orientation.
The critical factor of the decision is
how the court reached the decision. If
the ruling is not overturned, it could
affect the way future cases on lesbian
and gay discrimination are treated.
The Court said that the Army's
discrimination against the gay soldier
was a violation of his constitutional
rights, and that any review of a
homosexual person’s claim that his
rights under the Fifth and Fourteenth
Amendments are being violated must be
reviewed in the same way that racial
minorities and aliens have their cases
reviewed.
The opinion, written by Judge
William Nonis, who was joined by
Judge William Canby in the decision,
stated, "The discrimination faced by
homosexuals in our society is plainly no
less pernicious or intense than the
discrimination faced by other groups."
Leaning heavily on the equal
protection clause of the Fifth
Amendment, the ruling stated, 'We hold
that the Army's regulations violate the
constitutional guarantee of equal
protection of the laws because they
discriminate against persons of
homosexual orientation... and because
the regulations are not necessary to
promote a legitimate compelling
government reason."
Although the ruling is likely to be
challenged by the government in further
appeals, gay, lesbian, and civil rights
activists think it will remain a landmark
case even if the Supreme Court
overturns it, as the courts will start
looking more closely at discrimination
based on sexual preference.
This ruling by the 9th Circuit Court
of Appeals adds gays and lesbians to the
list of so-called "suspect classes",
making it more difficult for the
government to justify different
treatment
The Fourteenth and Fifth
Amendments ban discrimination by the
government, so the decision does not
cover actions by private citizens or
private employers. The decision applies
only to die 9th judicial circuit: Alaska,
Arizona, California, Hawaii, Idaho,
Montana, Nevada, Oregon, Washington,
and Guam.
Lesbian Attorney Vies for Legislature
San Francisco lesbian civil rights attorney
Roberta Achtenberg formally announced her
candidacy for the California State Assembly in
San Francisco in February. Achtenberg will be
the first openly gay or lesbian member of the
California state legislature.
Citing the need for vastly increased state
funds to fight AIDS, for affordable childcare
and quality education, for guarantees of
reproductive rights, and social services for
undocumented residents, Achtenberg pledged
to forge "a new politics."
The contested seat fell vacant when Art
Agnos was elected San Francisco's mayor in
December. The multi-ethnic 16th District
Achtenberg seeks to represent includes a large
section of San Francisco's Castro district and
has a history of voting for openly gay
candidates. San Francisco Supervisor Harry
Britt, running as an openly gay candidate for
Congress in 1987, lost the race but won in the
16th District precincts.
Achtenberg established herself as a leader in
gay politics through her pioneering work in
civil rights and family law. She is the
Directing Attorney of the Lesbian Rights
Project where she has wot groundbreaking
cases including the nation's first joint adoption
by a gay couple. Most recently she has been
representing a gay man who has AIDS in his
fight to retain custody of his son. Achtenberg
is a former dean of the New College School of
Law and is currently a member of the Board of
Directors of the United Way of the Bay Area.
She lives in San Francisco with her partner,
Mary Morgan. Morgan is the first openly
lesbian judge appointed to the San Francisco
Municipal Court. The couple have a son,
Benjamin, age two.
In urging activists for gay and feminist
concerns to support this candidacy, Supervisor
Harry Britt said, "Roberta Achtenberg is a
woman of exceptional intelligence and
accomplishment. I know she will be a strong
and articulate voice promoting humane
alternatives to the repressive social agenda of
the right-wing Republicans. And we can be
sure that she won't sell out our concerns on
vital issues for political gain as some
Democratic leaders have done."
More News in Brief, Page 13
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