Housing Court Judge Holds Lesbian Couple Not A Family Unit:

Orders Eviction

NEW YORK (LLDEF) On May 27, 1981 New York Housing Court Judge Ferdinand Pellegrino ordered the eviction of a lesbian couple on the basis that only one of the women was a named tenant in the apartment lease. The tenants represented by Lambda Legal Defense and Education. Fund, Inc., Michael J. Lavery, General Counsel, argued that the eviction proceeding violated the provisions of the NYC and N.Y.S. Human Rights Law prohibiting discrimination based on marital status. Attorney Lavery also argued that the women. constituted a family unit. In rejecting these arguments, Housing Court Judge Pellegrino stated, "To hold otherwise, this or any other court would lend itself to the ultimate destruction of the family unit, the foundation of society."

Marlene R., the tenant named in the lease, had lived in the apartment since July 1973. Her lover moved into the apartment in July 1979 and they have continued to occupy the apartment together since that time. In reaching his decision, Judge Pellegrino rejected the two prior NY decisions on this issue which held that an unmarried couple did constitute a family unit and that an eviction proceeding on these grounds violated the NYS Human Rights Law.

Judge Pellegrino relied instead on his prior decision in Perl v. Saul, which sustain. ed the eviction of a gay man from his deceased lover's apartment. Quoting from his decision in the Perl case, Judge Pellegrino stated, "This court has researched the question and has been unable to find any authority that holds, homosexuals living together constitute a family unit."

Attorney Michael J. Lavery stated, "We are dismayed at the decision and are concerned about the broad language used by the court which suggests that lesbianism is incompatible with the creation of a family unit. The Perl case relied on by the court is clearly distinguishable from the situation in this case."

No decision has yet been reached as to whether an appeal will be filed in this case. Execution of the eviction warrant was stayed until September 30, 1981.

Closets Are Dangerous

Closeted Gays are more likely to be victims of crime than Gays who are open about their homosexuality concludes a recent study. The study was conducted by Dr. Land Humphries, a professor of criminal justice at Claremont Graduate School and Brian Miller, a Los Angeles psychotherapist. They examined case histories of 161 murder victims, all of whom were Gay men, between 1973 and 1977.

"Almost two-thirds of the victims were highly secretive about their homosexuality," said Humphries, "in fact 36 percent of the Gay men were heterosexually married at the time of their death."

Male prostitutes killed 64 percent of the Gay victims and the remainder were murdered by "Gay basshing" gangs. "These killers of Gays are usually heterosexuals at least outwardly who hate Gays or may themselves be fighting homosexual tendencies," says Miller. "Society's attitude towards Gays causes some people to feel that they have the right to beat up homosexuals and people who fear that they may be Gay are sometimes so self-hating that they steer themselves into situations where they are likely to become either victims or offenders.

The investigation dispels myths about Gay victims of murder. "Lover's quarrels were not responsible for the deaths' Miller states, "nor was sadomasochistic sex play involved in the fatalities."

As a way to prevent crimes against homosexuals, the researchers suggest that people become more accepting of homosexuality and that Gays be more open about their sexuality.

It's going to be a long, hot, summer!

OUTLAW

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