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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 MMM—■HKBBBMHHM * 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 Page 2