Marine gets 2nd

opposed by the government and were denied by the trial court. The Marine Corps' change of position was not ex-

trial for 'sodomy' plained in its papers.

In a brief filed on December 27, 1989, the United States Marine Corps conceded that the prosecution of lesbian Corporal Barbara Baum on sodomy charges last year was constitutionally flawed. The corps has asked that Baum's conviction, for which she served six months in prison, be voided and that the case be sent back for a new trial.

"While we are thrilled that the military has finally begun to recognize the injustice dealt Barbara Baum, it does little to mitigate the horror of the six months she spent in prison," stated Brendan Collins, the attorney who represented Baum in her appeal.

"We are filing a motion to dismiss the charges," Collins stated. "Dismissal of the charges against her-which were outrageous to begin with-is the only appropriate remedy for the egregious and unconstitutional conduct of the military in the case."

The Marine Corps acknowledged that the judge in Baum's court-martial erred in not excusing, or more extensively questioning, a juror who was tainted with prior knowledge of her case. The juror had been present at Baum's "Article 32 hearing," a procedure similar to a grand jury hearing, and thus he was familiar with facts in the case. According to the Marine Corps, the man's subsequent service as a juror at Baum's trial raised the "vivid appearance of impropriety." His "extrajudicial knowledge of essential facts" in her case, the Corps stated, “may well have prejudiced appellant's right to a fair trial."

Baum's lawyers had objected on these grounds throughout the proceedings against her but their objections had been

Hate crimes Continued from Page 1

Simon, a cosponsor of the Gay and Lesbian Civil Rights Act, faces a tough opponent in the current election year. Rep. Lynn Martin has attacked Simon for his support of lesbian and gay rights. Despite her threats, Simon took the lead in the Senate on the Hate Crimes bill. "Paul Simon was there when we needed him most." said HRCF Executive Director Tim McFeeley.

"For the first time in history, the U.S. Senate has taken a stand for lesbians and gay men. Both Senators Simon and Hatch set a tone that made it possible for the Senate to turn back the bigotry of Jesse Helms. As a result of their leadership, the Senate refused to remove sexual orientation from the bill." McFeeley noted.

Last June, the House of Representatives passed the Hate Crimes Statistics Act by a landslide vote of 368 to 47, without hostile amendments. The House also passed the bill in the previous session of Congress, but it died in the Senate in the fall of 1988 after Helms threatened a filibuster.

The bill, which should soon go to the president for his signature, requires the Justice Department to collect and study comprehensive national data on crimes

of prejudice committed because of race, religion, sexual orientation, and eth-

"It seems apparent that the Marine Corps did not want the appellate court to look too closely at the whole Parris Island 'witchhunt," commented William B. Rubenstein, Staff Counsel to the American Civil Liberties Union's Lesbian and Gay Rights Project, which filed a friend-of-the-court brief on behalf of Baum. Baum was one of three women court-martialed, while several dozen others were administratively discharged from the Corps, in connection with the 1988 Parris Island investigations.

In a case closely related to Baum's, the ACLU's Lesbian and Gay Rights Project represents a second Marine, former Staff Sergeant Christine Hilinski, who was penalized solely for testifying as a character witness for one of the lesbians court-martialed at Parris Island. The ACLU has filed a complaint on behalf of

March, 1990 GAY PEOPLE'S CHRONICLE

Page 9

Kansas City gays seek rights law

Kansas City, Mo.-Some city council members are showing support for an amendment to the civil rights ordinance which would define HIV infection as a handicap and make sexual orientation a protected category.

Several organizations and individuals have formed the Human Rights Ordinance Project (HROP) to lobby city council.

The project was formed in December as the city began to amend the existing ordinance so it would conform with the federal government's Fair Housing Act.

The city's Human Relations Department has agreed to support inclusion of sexual orientation in the revised law, which is expected to be introduced to city council in a few weeks. Council member Katheryn Shields has endorsed HROP's efforts. Others have also indicated support. Seven votes are required for pas-

sage.

HROP is a coalition of lesbian and gay groups, other organizations and individuals. Twenty seven endorsements for inclusion have been received from supportive organizations in two weeks.

"Freedom from discrimination is a basic human and civil right that all of the members of the coalition support," said Cathleen Connealy, of the National Lawyers Guild and spokesperson for HROP.

The definition of sexual orientation used in Seattle's civil rights ordinance is being recommended because of its inclusiveness: "Sexual orientation means actual or perceived male or female heterosexuality, bisexuality, homosexuality, transsexuality or transvestism and includes a person's attitudes, preferences, beliefs and practices pertaining thereto."

Hilinski which alleges that her sanction HUD chiefs oppose benefits

was unconstitutional and seeks to have her military records corrected. The officer who was responsible for Hilinski's discipline, Colonel Nunnally, was a juror in the Baum court-martial, which was another ground upon which Baum's conviction has been challenged.

"By conceding error in this part of her trial, the Marines have short-circuited judicial scrutiny of other issues in the case and particularly of Colonel Nunnally," stated Rubenstein. "It seems clear that the Marines do not want an appellate court to consider issues which question the legality of the entire Parris Island debacle," concluded Rubenstein.

The appellate court, the United States Navy-Marine Corps Court of Military Review in Washington, will now have to decide whether to permit the Marines to try Baum again or to order that the charges against her be dismissed. ▼

nicity. According to Simon, the Bush administration supports the bill.

"We are enormously gratified that the Senate ignored the homophobic ranting of Senator Helms and did the right thing," said McFeeley. "Too many lesbians and gays have lost their lives because of a rising tide of bigotry. The Senate today said that has to stop," McFeeley stated.

Incidents of hate crimes against gays and lesbians have risen dramatically during the 1980's. An October, 1987 report on hate violence solicited by the Department of Justice stated that "homosexuals are probably the most frequent victims [of hate crimes]."

Lobbyists for the Human Rights Campaign Fund called the Senate vote a major victory for the lesbian and gay community. "The Senate vote sends an important message that violence against lesbians and gays will not be tolerated in our society," said Tim McFeeley, executive director of the Campaign Fund.

"This victory is a result of many people working for many years. The Campaign Fund, the National Gay and Lesbian Task Force, People for the American Way, and scores of civil rights and religious groups can take joint satisfaction in the Senate's decisive vote," McFeeley stated.▼

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for gay workers

The two top officials of the Department of Housing and Urban Development (HUD) recently denounced a labor contract that would extend domestic partnership benefits to the federal agency's gay and lesbian employees.

Jack Kemp, secretary of HUD, along with Under Secretary Alfred A. DelliBovi, claimed the contract with the HUD union "redefines the family." The National Gay and Lesbian Task Force has criticized the HUD officials, and has sent a strongly-worded letter to DelliBovi urging him to reconsider his position.

DelliBovi, in an article in The Washington Post on December 5, stated: "[HUD is] not going to ratify a contract which redefines the family to include non-traditional living arrangements. We believe such provisions are illegal."

The controversy was sparked by a clause in the contract of the American Federation of Government Employees. AFGE's proposed definition of "family" would provide lesbian and gay employees with familial leave benefits identical to the privileges already offered heterosexual workers.

Ivy Young, director of NGLTF's Families Project, said: “It's unfortunate that the immediate reaction to the AFGE contract from HUD's top officials has been so narrow-minded. HUD negotiators had approved the contract language in bargaining sessions. That should have been sufficient for the agency."

Young said in the letter to DelliBovi, "We urge you to reevaluate your position on ratifying the AFGE contract so those HUD employees who are now excluded from compassionate familial leave benefits may enjoy the same protections as their fellow workers."

Young pointed out that non-traditional relationships are already recognized

Skinhead

Continued from Page 5

lion dollar civil lawsuit against eight members of the skinhead gang who had engaged in a weekend of beatings and robberies of gay men in the Dupont Circle area of Washington, D.C., including the attack on Johnson.

In the civil suit, Johnson, represented by Lambda Legal Defense and Education Fund, claims that the skinheads violated his civil and constitutional rights by conspiring to attack him solely because he is gay. The civil case is the first of its kind ever filed by a gay person against members of a skinhead gang.

Lynn Delaney, one of Johnson's attorneys, noted that McCall will serve more time in jail that some homicide defendants, and he is sure to be incarcerated for most of his 20's. According to Delaney, who was at the sentencing, the judge rebutted all the defense's arguments-for example, that they were from

by the regulations of other government entities, including the Office of Personnel Management. Last year, the New York State Court of Appeals in a housing case ruled that the definition of a family member "should not rest on a fictitious legal distinction or genetic history, but instead should find its foundation in the reality of family life."

In her letter to HUD, Young explained that non-traditional family relationship policies have "indeed been adopted by public and private sector employers, legislators, unions, elected officials, corporations and 'average' citizens around the country who recognize the diversity of American life and seek to protect it."

On the role of the union in aiding gay and lesbian employees, Young said: "As we move in the '90s, the issue of benefits discrimination in the workplace will become even more prominent and unions must play an important role in fighting that discrimination. AFGE's commitment to all the people it represents is significant. Too often when contract negotiations get tough, our issues are the first to be thrown off the table. AFGE seems determined to fight this one out, and that's commendable."

The AFGE contract is currently under legal review. According to Barbara Davidson, AFGE union representative, the portion of the contract allowing employees in non-traditional relationships to receive equal familial leave benefits should stand up to legal scrutiny.

NGLTF is tracking domestic partnership issues in federal, state and local agencies as part of its Families Project. NGLTF encourages lesbians and gays to write HUD and urge the department to include gays and lesbians in its familial leave policy. Write: The Honorable Alfred A. DelliBovi, Under Secretary of Housing and Urban Development, Washington, D.C. 20410.

broken homes, that this attack was a "unique" instance in their lives and implied that it was just common sense that the defendant could not so severely beat another human being without expecting to pay for his crime with a substantial sentence.

"The length of this sentence," said Paula Ettelbrick, Lambda's legal director and co-counsel in Johnson's civil case, "sends a strong message to wouldbe hate mongers that their contemptuous attitudes and actions will not be tolerated."

With the first of the criminal convictions behind them, Johnson and his lawyers plan to move forward with their civil case, which is based predominantly on conspiracy claims as well as civil assault and battery. "There are many more skinheads out there who are legally responsible for Rod's beating and who must be held accountable," said Ettelbrick. "Though we are pleased with the criminal convictions, it is still only partial justice."▼