Group releases AIDS research blueprint Page 3 New shows set for new Broadway season Page 16 The Carolinas’ Most Comprehensive Gay & Lesbian Newspaper Published Every Two Weeks On Recycled Paper • Volume 13, Number 6 • August 8, 1998 • FREE Reyes withdraws from campaign Challenge to DP law thrown out by David Stout Q-Notes Staff CHARLOTTE—On Friday afternoon, July 24 a short and conspicuously vague three-para graph fax was sent to media oudets announc ing Andrew Reyes’ withdrawal from the Mecklenburg County Commission race. The opening paragraph simply stated! “Andrew Reyes, the Democratic candidate for Mecklenburg County Commission in District 5, has announced he will withdraw from the race, effective immediately.” One of two gay men seeking a seat on the commission, Reyes was considered a viable can didate prior to his starding exit. The fax indicated that Reyes was pulling out of the contest due to family obligations, but provided no specific details. It merely noted, “At this time, my family comes first and my place is with them.” Q-Ai7r« attempted to contact Reyes to learn what prompted his decision, but he was out of town past the deadline for this issue. His cam paign manager, Jerry Fox, was also away. How ever, a source told Q-Notes that the health of Reyes’ mother sparked his withdrawal. Reyes, a self-employed businessman who owns an accounting firm and a statewide Span- ish-language magazine, threw his hat into the campaign ring following the county commission’s infamous arts-fimding batde last year. He had the support of a number of Charlotte’s most influendal business and civic leaders and had been referred to as “the golden boy” in press reports. Reyes had garnered attention beyond the region as well. The Gay and Lesbian Victory Fund, a national PAC that gives money to se lected candidates, had endorsed his election bid and the Democratic National Committee had named him to their site selection committee for the party’s Convention 2000. Chris Cole, the other openly-gay commis sion candidate and the lone Libertarian, said that Reyes should be applauded for revitalizing Mecklenburg’s political climate. “I believe that the gay community in Charlotte has suffered from a lot of political apathy and ignorance. Andrew broke out of that and stirred up a lot of interest and excitement. We owe him a great deal of gratitude for that.” Cole also stated that he would contaa Reyes for his backing. “I hope that we see him run ning again in 2000. Until then, I invite An drew and his people to become involved in my own campaign at-large. We certainly had dif ferent approaches to the issues, but I think that we share a desire for the gay and lesbian citi zens of Mecklenburg County to achieve our rightftd place in our hometown.” In his media release, Reyes seemed to con firm his political intentions, including other NC court takes custody from openly-gay father by Peg Byron Special to Q-Notes RALEIGH—The North Carolina Supreme Court decided July 30 to overturn an appeals court ruling and reinstate a verdia that revoked a gay father’s custody of his two sons solely be cause of his relationship with his male partner. The ruling means that Fred Smith, a Henderson County, NC resident, will not re gain primary custody of the boys he raised from birth until his ex-wife uprooted them with a change of custody in 1995. She argued that, despite all evidence that the children were thriv ing in their father’s care. Smith’s sexual orienta tion and her recent remarriage warranted a change in custody. Lambda Legal Defense and Education Fund (Lambda) and North Carolina Gay and Les bian Attorneys (NC GALA) represent Smith. “The court went to extraordinary lengths to rule against this gay father,” said Lambda Legal Director Beatrice Dohrn, expressing shock at the decision. “This ruling undermines non-gay as well as gay parents in unmarried relationships, no matter how proven their parenting ability. The court has opened the door to relitigating current custody arrangements for many families in North Carolina.” Co-counsel Sharon Thompson of NC GALA said, “North Carolina has a past history of determining custody not on societal preju dices, but on the health and happiness of chil dren. It is a terrible misfortune to Fred, his fam ily, and all North Carolina parents that anti gay prejudice overruled the children’s experi ences in this case.” Justice John Webb also disagreed with the court, stating in his dissent, “The difficulty with the majority opinion for me is that it recites actions by the defendant which the majority considers to be distasteful, immoral, or even illegal and says this evidence supports findings in fact which allow a change in custody. There is virtually no showing that these acts by the defendant have adversely affected the two chil dren. The test should be how the action affects the children and not whether we approve of it.... I do not believe we should allow a change in custody on evidence which shows only that the defendant is a practicing homosexual.” The 5-1 ruling, with a seventh justice con curring only with the result, pointed to Smith’s long-term relationship with his domestiic part ner, Tim Tipton, who also helps care for the boys, as the reason for reversing an appellate ruling and supporting a trial court’s order for a change of custody. In an apparently contradictory statement, the court said, “We do not agree with the con clusion of Justice Webb’s dissent that the only basis upon which the trial court changed cus tody was that the defendant is a ‘practicing homosexual.’ Instead, we conclude that the trial court could and did order a change in custody based in part on proper findings of fact to the effect that defendant-father was regularly en gaging in sexual acts with Mr. Tipton in the home while the children were present and upon other improper conduct by these two men.” The court also disapproved of the fact that Smith and Tipton kissed each other in the pres ence of the children and that, although always keeping their bedroom door closed and locked if they were having sex, the couple allowed the children into the bedroom when simply in bed together. It cited these facts in ssupport of the decision to remove custody from Smith. “Sadly, this decision means that two kids have been torn away from a great fiither only because that father is gay,” said Stephen Scarborough, staff attorney in Lambda’s South ern Regional Office in Adanta. “That’s not the ‘best interest standard,’ at work. That’s preju dice, pure and simple,” he said. Dohrn added, “Although professing not to, the court applied a double standard to the gay See CUSTODY on page 4 I ' Andrew Reyes election bids. “I would like to thank all of the volunteers for their hard work and look for ward to their support in my future campaigns.” Had Reyes remained in the race, he would have faced Republican Tom Cox in the Novem ber 3 general election. Mecklenburg Demo cratic Party Executive Council members who reside in District 5 now have the option of se lecting a replacement. As of this writing, no candidate had been tapped for the slot. Reportedly, Reyes’ camp will be contacting supporters over the next few weeks to arrange for the return of all campaign contributions. T by Dan Van Mourik Q-Notes Staff CHAPEL HILL, NC—Because “Publius Heterodoxus” won’t come out, the domestic parmers of town employees in Chapel Hill will continue to receive health benefits. The anony mous Chapel Hill resident’s lawsuit challeng ing the policy ended on July 21 when a judge ruled the public’s right to open courts required the disclosure of the plaintiff’s legal name. “Publius Heterodoxus” was the name the plaintiff was dubbed in court documents. He sought anonymity because he feared retaliation from “gay activists,” according to his lawyer, Nate Pendley. Moments after Superior Court Judge Catherine Eagles ruled that the real name must be disclosed, Pendley moved to dismiss the case. Eagles found that the public’s right to open courts overrode the plaintiff’s concerns, not ing, “We don’t know, from the standpoint of the public, whether this person even exists or is someone who is made up.” Eagles also cited an appellate ruling that the plaintiff “cannot ob tain vindication in our courts without acced ing to the public character of the process.” Six couples are currendy receiving domestic partner benefits; two of them same-gender. ▼ Activists seize ofRce of AIDS Czar by Wanda Pico Special to Q-Notes WASHINGTON, DC—Demanding that President Clinton fund needle exchange pro grams to prevent the spread of HIV, on July 20 a group of 10 activists seized control of the of fice of Presidential AIDS Policy Coordinator Sandra Thurman. The activists chained themselves inside the office immediately after Thurman refused to publicly condemn Clinton’s April 20 decision to uphold the ban on federal funding for needle exchange. “I understand and support the president’s policy,” Thurman told the activists. All 10 protestors were arrested ________ by the Secret Service and re leased shordy thereafter. “President Clinton’s April 20 act of cowardice spells death for tens of thousands of men, women and children in this country,” said Chris Lanier, coordinator of the Na tional Coalition to Save Lives Now! and one of those ar rested. “We’ve taken drastic action today to insist that hu man lives not be sacrificed to political expediency.” The protesters had de manded that Thurman call on President Clinton to reverse his decision, as well as to oppose and promise to veto any bill or amendment to make the current funding ban permanent. Participating in the occupation were members of the National Coalition to Save Lives Now!, ACT UP/New York and needle exchange leaders from three cities. During the takeover, activists chained and barricaded themselves inside Thurman’s office; draped a banner proclaiming “Clinton: Clean Needles Save Lives” out Thurman’s window; covered walls, windows and photos of Bill and Hillary Clinton with posters denouncing ad ministration policy; and shouted their demands through a bullhorn to outside passersby. The protesters held the building for 20 minutes until Secret Service agents swept in and dragged them out in handcuffs. All were charged with disor- “Either she is the community advocate that she claims to be or she is an apologist for Clinton’s cowardice." derly conduct and released after two hours with fines of $50 each. The activists had also insisted that Thurman join the call by 18 members of the Congres sional Black Caucus for Clinton to dismiss Drug Czar Barry McCaffrey. The General has bitterly fought against funding needle exchange and was widely criticized for misrepresenting the relevant scientific evidence. Shordy after police released the Thurman protesters, one of them, ACT UP member Bob Lederer, con fronted McCaffrey during a press conference at the National Press Club. McCaffrey tried to stop Lederer’s question, offered to debate him ________ at a future date and then called Clinton’s move “absolutely inspired” for affirming the sci ence on needle exchange while shifting funding responsibility to state and local officials. When Lederer challenged the contradiction in that logic, he was ejected by McCaffrey’s se curity guards. “We will vigor ously pursue McCaffrey’s promise to debate this issue,” Lanier assured. Experts estimate that 33 Americans are infected with HIV every day due to sharing contaminated needles, with 10,000 infected direedy or indireedy by that route in the five years since Clinton took of fice. While local funding allows 134 needle exchange programs to operate nationwide, they reach only a fraction of the injection drug us ers at risk. On April 20, Health and Human Services Secretary Donna Shalala announced Clinton’s decision (made at the last minute in the face of McCaffrey’s threat of resignation and denunciation) to continue the funding ban, even while finally acknowledging the numer ous studies affirming that needle exchange low ers HIV transmission while not increasing drug use. The chair of the Presidential AIDS Advi sory Council, Dr. Scott Hitt, called the deci sion “immoral” and the chair of the Congres sional Black Caucus, Rep. Maxine Waters, la- See ACTIVISTS on page 4

Page Text

This is the computer-generated OCR text representation of this newspaper page. It may be empty, if no text could be automatically recognized. This data is also available in Plain Text and XML formats.

Return to page view