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Published Every Two Weeks On Recycled Paper • Volume 14, Number 16 • January 8, 2000 • FREE
Gay marriage supported
in Vermont
by Dan Van Mourik
Q-Notes Staff
MONTPELIER, VT—The Vermont Su
preme Court has ruled that homosexual couples
are entitled to the same marriage benefits and
protections as heterosexual couples.
The coutt, however, stopped short of giv
ing gays the right to marry, leaving it instead to
the Vermont Legislature to decide whether to
legalize same-sex matriages or create some kind
of “domestic partnetship” status to ensure gay
couples’ rights. The decision was suspended to
give time fot lawmakers to act.
Whatever measures are implemented, the
result must offer benefits and protections to
equal those currently afforded married hetero
sexual couples.
Gay organizations hailed the decision as the
most far-reaching ruling of its kind in the US
and said it tepresents our best chance for win
ning the right to marriage for the first time
anywhere in this country.
“This is a glorious day,” said Evan Wolfson
of the Lambda Legal Defense and Education
Fund. “Vermont’s highest coutt has otdered an
end to unequal treatment of lesbian and gay
iiimilir [ ” ,
The court’s five justices ruled unanimously
that the state must offer equal protection to
same-sex couples, but was split on the remedy,
with one arguing that marriage licenses should
be issued immediately and another differing on
the approach while supporting the overall con
clusion of the coutt.
“We hold that the state is constitutionally
required to extend to same-sex couples the com
mon benefits and protections that flow from
marriage under Vermont law,” the Vermont’s
high court said. “Whether this ultimately takes
the form of inclusion within the marriage laws
themselves or a parallel ‘domestic partnership’ •
system or some equivalent statutory alternative
rests with the Legislature.”
The court said the benefits gay couples
should get include
access to a spouse’s
medical, life and dis
ability insurance; hos
pital visitation and
other medical decision
making privileges; spou
sal support; certain rights
of inheritance; and home
stead protections.
Both advocates and op
ponents of gay marriage agreed that the Ver
mont ruling was the strongest in support of gay
rights by a state appeals court in the US.
While two other states — California and
Hawaii — have limited domestic partnership
systems, and several European countries and
Canada have extended legal protections to gay
couples, no other court anywhere had ever said
gay and traditional couples were entitled to
absolute equality under the law, legal experts
said.
“It really represents a slap in the face for
marriage between a man and a woman,” said
Jay Sekulow, chief counsel for the American
Center for Law and Justice, which opposes gay
marriage.'
Mary Bonauto, a lawyer for the three gay
couples who sued the state in 1997 for the right
to be given marriage licenses, called the deci
sion “a legal and cultural milestone.”
“The train has left the station. We may need
one stop [in the Legislature] to get there, but
we’re going to get there,” crowed Stan Baker,
one of the plaintiffs in the case. “There’s no
stopping us now.”
Democratic Gov. Howard Dean, who had
refused to take a position on same-sex marriages
until the court ruled, predicted the Legislature
would pass a domestic pattnetship law. Dean
said that lawmakers were already drafting do
mestic partnership bills, which he hoped could
be enacted by May.
See VERMONT on page 4
Gay marriage defeated
in Hawaii
by Dan Van
Mourik
Q-Notes Staff
HONOLULU,
HI—In mid-De
cember, the Hawaii
Supteme Coutt ruled
that the eight-year ef
fort to legalize gay mar
riage in Hawaii was
“moot.” The decision was
based on the 1998 state constitutional amend
ment, approved by voters by a 2-1 margin, that
gave the state legislature the power to reserve
marriage for opposite-sex couples.
The decision effectively terminates the rec
ognition of gay marriages in Hawaii, that power
now granted to the legislature. Hawaii was re
garded as one of the more likely states to win
legalization because a 1993 decision from the
state Supreme Court said the state’s failure to
recognize gay marriages denied some citizens
the rights that others have.
That ruling was the impetus for marriage
legislation around the country. At least 30 states
have since banned gay martiages and Congtess
passed the Defense of Marriage Act, which de
nies federal recognition of homosexual marriage
and allowed states to ignore same-sex unions
licensed elsewhere.
The ruling also led Hawaii lawmakers to pass
a 1994 law banning gay matriage. They later
drafted the constitutional amendment that gave
them the authority to pass just such a law.
The Hawaii Supreme Court held that the
amendment validated the 1994 law. Because
that law denied marriage licenses to same-sex
couples, the court said the relief sought by the
plaintiffs no longer existed and their case was
moot.
However, the tuling did not undermine the
court’s finding that the state has no legitimate
reason for excluding same-sex couples from civil
marriage. The 1993 decision was, in fact, not
overruled and the court did not bar future cases
that seek the benefits, protections and respon
sibilities that come with civil marriage.
Honolulu attorney Dan Foley, who repre
sented the three same-sex couples in this case,
however, said the decision leaves many ques
tions unanswered.
“It is clear that the case for same-sex mar
riage in Hawaii is over,” Foley said. “[But] My
reading of the tuling is that except for a mar
riage license, it is still unconstitutional in Ha
waii to deny a right or a benefit to a same-sex
couple if mixed-sex couples receive those rights
or benefits.
“Every time a same-sex couple is denied a
right or benefit gtanted to a married couple
there will'oc a lawsuit,’ Foley said.
He said he may file to aslTthe high court to
clarify portions of its ruling, but has no plans
to file an appeal in federal court.
The primary group opposing gay marriages
was the Alliance for Traditional Marriage. Mike
Gabbard, Alliance chairman said, “Thank you
See HAWAII on page 10
“Vlsioh” leads congregation home
Gay business claims embezzlement
by Curtis E. Johnson
Q-Notes Staff
GREENSBORO, NC—This was not one
of the best holiday seasons for White Rabbit
Books & Things, headquartered in Greensboro
with stores in Raleigh and Charlotte. Instead
of this being the season of giving, ,
it was a season of recouping. More
than $10,000 has come up miss
ing from the company. John Neal,
White Rabbit owner, made the
discovety ovet Labor Day week
end and suspects the money was
taken over a three-month period
this summer. Jamie Leon Baker,
2$, of Greensboro, has been
charged with one count of felony
embezzlement.
Neal stated that it became very
easy for Baker to embezzle the
money from the company. “He
was our bookkeeper, hired in Feb
ruary of 1999. I was away attending confer
ences this summer and was not able to attend
to some of the managerial duties — like the
end of the month closing reports.” Neal said
he found checks containing his forged signa
ture. “Baker began not showing up for work
and not returning my phone calls,” said Neal.
At this point it was obvious that something was
wrong.
Neal contacted the Greensboro Police De
partment and gave them the information he
had discovered. Baker is currendy incarcerated
and faces a January 12 court date on one count
of felony embezzlement. Also
pending is one felony count of ob
taining property under false pre
tense for writing a bad check to
the University of North Carolina-
Greensboro book store. He later
returned the purchases for cash.
Neal stated that he has learned
some very valuable lessons
through this situation. He is con
sidering new screening measures
for all future employees. Neal has
also changed banks as a result of
the store’s money trouble. He
stated that Wachovia was “less
than helpful” in resolving his fi
nancial problems. He now banks with BB&T,
which is aware that he operates a gay business,
and he stated that they have been understand
ing and very responsive.
Neal is extremely grateful for the patience
shown by his vendors. “They have been very
understanding and very helpful,” said Neal. T
by David Stout
Q-Notes Staff
CHARLOTTE—When members, friends
and visitors of the Metropolitan Community
Church of Charlotte opened the Sunday, Janu
ary 2 morning service with a hymn of praise,
they belted out the words with a zeal that un
derscored their excitement at being in church.
And especially of being in this particular church.
Marking the final leg of a campaign that
began more than a year ago, attendees realized
the church’s greatest dream when they held their
first worship service in their own space — on
the brink of MCC Charlotte’s 20th anniver
sary.
Although the sale of the building, situated
on approximately three and a half acres at 1825
Eastway Drive, will not be final until February
15, church officials say that the terms have al
ready been agreed upon and will be squared
away without incident.
The 10,573 sq.ft, facility, which features a
250-person capacity sanctuary and nearly two
dozen educational rooms, housed Eastway
Christian Church, a Disciples of Christ con
gregation, from the early ’60s until last fall when
members moved into a temporary space to
await completion of their new building in the
University area of Mecklenburg County.
Rev. Mick Hinson says MCC Charlotte was
able to acquire its own space due to the vigi
lance of its supporters. “There was a vision in
the church that we could do this. Many people
owned that vision. My parr was to show that
God also had the same vision for us.”
The property’s $775,000 price tag was met
through a two-part fundraising effort spear
headed by MCC Charlotte’s Building Finance
Committee (chaired by Q-Notes publisher Jim
Yarbrough). A public bond offering secured
$600,000; cash donations and pledges ac
counted for the remainder. (At press time,
$50,000 in bonds remained eligible for sale,
paying an interest rate of between 7.5 and eight
percent.)
The drive to buy the church is thought to
be the largest financial undertaking ever by a
GLBT organization in the Carolinas — and
some were unsure it could be pulled off. “We
knew this was a large undertaking, but it boils
down to one simple fact: the church has had a
vision for a number of years and while wc were
looking for some acreage to build on, this
church fell into our laps, literally,” Yarbrough
comments. “We knew it was our new home —
the Lord led us to it — one challenging step at
a time. Now that we’re in the building, we know
our membership, currently at over 180, will
grow tremendously-and rapidly, and we’ll be
. able to provide many more services for the
Metrolina GLBT community.”
Thete are preliminary plans for a commu
nity-wide open house at the church after the
closing date, but Rev. Hinson invites everj'one
to “drop in for a tour of the place” prior to that.
Once the title has been settled, a “hanging
of the cross” service will be held to officially
christen the new facility.
Reportedly, MCC Charlotte is the eighth
church within the Gulf Lower Atlantic District
(GLAD) of the Universal Fellowship of Met
ropolitan CommunityChurches (UFMCC) to
own its worship facility.
For more information, contact the church
at 1825 Eastway Drive, Charlotte, NC 28205
or call (704) 563-5810. T