GAY PEOPLE'S CHRONICLE

JANUARY 9, 1998

COMMUNITY FORUM

Same-sex harassment ruling can backfire

To the Editors:

Regarding "High court seems ready to allow same-sex harassment suits" [December 19], I submit the following:

As a community, we must be very aware of possible repercussions in the event that the law against sexual harassment applies when the harasser and the victim are of the same

sex.

Sexual harassment, in the true sense of the word, should not be tolerated. Legal conditions for establishing sexual harassment include one or both of two things:

1) Demanding sexual favors in exchange for employment rewards of promotion, pay increase, etc.

2) Exposing a co-worker to an environment that is deemed "hostile" because it is so saturated with [sexual] innuendoes, pictures, gestures, or actual physical contact.

Let's assume the premise that sexual harassment is unprofessional, unethical and should not be tolerated regardless of sexual orientation. This fact offers the same protection to lesbians and gays as that which is afforded heterosexual workers. Why would we want to argue against such fair and equal treatment?

I am not arguing against the legislation, but I wish to point out potential backlash that could have extreme consequences. When it comes to sexual orientation that deviates from the identified standard, our world (including workplaces) is lacking in education and sensitivity. Little or no thought may be given to our comments or actions if we are "one of the gang" (in the closet).

If, however, our sexual identity is discovered or revealed, we may find that our interactions are subjected to intense scrutiny and

we could quickly be without employment

based on little or no evidence that would

satisfy the legal requirements to establish

grounds for dismissal due to sexual harass-

ment.

This pain and injustice can result simply because someone is uncomfortable with who we are and complains about it. Lawsuits are expensive in regards to money, time, energy, and publicity. An employer may well decide to discharge an employee rather than weigh the evidence presented in light of the law and risk the possibility of court proceedings.

Due to the state of Ohio being an “employment at will" state, it is very hard to prove wrongful discharge. I was able to obtain minimal compensation for my termination because, to quote my attorney, the charges were “ridiculous, if not laughable." This was a humiliating experience that I would not wish on anyone. Had my orientation remained a secret I would not have been discharged. Sexual harassment was not proven but I was faced with unemployment and no opportunity to be reinstated.

This law may protect us from sexual harassment, but we are not protected from wrongful discharge based on false accusations of sexual harassment.

Anne D. Sexton-McClain Cleveland

Ohio domestic abuse law applies to gays

To the Editors:

As a gay rights activist and attorney who practices domestic violence law in Ohio, the story “Court upholds protection against samesex domestic abuse" [December 19] caught my attention.

The story reported a recent decision by a Kentucky appeals court that the Kentucky domestic violence statute applies to samesex partners as well as heterosexual couples.

Same-sex couples in Ohio should take note that the Ohio domestic violence statute has similarly applied to same-sex couples for years. The Ohio civil statute specifically includes "a person living as a spouse" among those covered by the statute, Ohio Revised Code section 3113.31(A)(3)(a)(i). Ironically, courts in Ohio have consistently ruled that "persons living as spouses" include samesex couples.

The irony of same-sex couples in Ohio being recognized as "persons living as spouses" in the context of the Ohio domestic violence statute is the willingness of the Ohio legislature and courts to recognize the marital nature of long-term same-sex relationships for the purpose of imposing liability coupled with the simultaneous denial of that same recognition for the purpose of granting same-sex couples equal rights.

While same-sex couples are recognized as "spouses" for the negative purpose of domestic violence liability, we are denied the same status and recognition in regard to marriage rights, domestic partnership, insurance coverage, spousal immunity, tax advantages, and many other contexts.

This is not to say that holding abusive partners of all sexual orientations responsible for their actions is a bad thing. Domestic violence is obviously a problem that occurs among same-sex and heterosexual couples alike.

The Ohio legislature did the right thing when it included "persons living as spouses" in Ohio's domestic violence law, and the Ohio courts have also done the right thing in recognizing that same-sex couples are among those "persons living as spouses." But the Ohio legislature, courts, and anyone engaged in decisions involving gay rights need to be reminded that same-sex couples who are, in

have in a manner that makes a guy think he's interested in him sexually. Then once you expose yourself or touch the officer, the trap springs shut. You are arrested and taken to jail. That is entrapment to me.

Again, the police are not interested in anyone's point of view. They behave as though they are accountable to no one. They have made it clear that they are going to enforce the law at any cost, no matter who they step on, or whose constitutional rights they violate. What must we do as a community?

We must educate ourselves and our allies on these and related issues. We must learn why men go to parks, and we must begin to acknowledge the serious substance abuse problem in the gay and lesbian community. We must work together to create healthier alternatives to bars and parks. We must educate ourselves and others about the Constitution and the rights it provides.

Yes, this all sounds so neat and tidy. But I believe we must work together as a community to bring about positive changes.

Rev. Perry Slone Beacon Fellowship Columbus

Chili contest should

fact, living as spouses, should be recognized move back to Rockies

as such in all contexts, and not only domestic violence.

It is neither just nor logically consistent to recognize same-sex couples "as spouses" for the purpose of imposing liability but not for the purpose of granting the plethora of positive rights to which "spouses" are routinely entitled.

Nancy Marcus Dover, Ohio

Fear, anger and mistrust are justified

To the Editors:

On December 18, members of the Columbus GLBT community met with representatives of the city and the police department to ask questions and offer comments concerning the raids of four gay bars back in November, as well as the ongoing park sting.

First off, I want to commend both the Buckeye Region Anti-Violence Organization and Stonewall for all of the work that went into making this forum possible. I also thank all of the participants on both sides of these issues for taking the time and for making their feelings and views known.

I felt that the forum went well, [but] there is a lot of fear, anger and mistrust, and it's well-justified. The police tried to explain away their actions, but to no avail. There is still a lot of work that needs to be done in our community, as well as the community at large.

Personally, I have no problem with police cracking down on illegal drug activity, provided that they are not violating anyone's constitutional rights of free speech and assembly, just to name a few of our First Amendment rights. While I do not condone drug usage, I think the Gestapo-like tactics of the police are questionable. I can understand the use of "dynamic entry" if the cops were raiding a crack house, but a bar on a Wednesday night?

The police failed to explain their reasoning, but did give the impression that they really don't care much about what we think or the rights of all citizens. From the police point of view, they are only enforcing the law and if they trample on an individual's rights in the process, too bad. But I must admit that despite my above concerns, I would rather see the police going after drug dealers and drug activity rather than chasing and entrapping men engaging in consensual sex in the parks.

Which brings me to my next point. The conduct of undercover officers at the parks is also questionable. Officers, unable to witness much of the activity for themselves, decide to "create" some of their own. They dress in tight-fitting clothes, cruise around either by car or on foot, approach men and ask questions about their genitalia, and be-

To the Editors:

A part of your [December 19] story regarding the Trident leather club's chili contest overlooked the fact that the site of the event was changed this time. For the three previous years, the holiday competition was hosted by Rockies.

To have callously dropped the spot which regularly lends support to a whole variety of lesbian and gay causes with no good reason did not sit well with a lot of us. The Grid, site of this year's contest, is not to blame, just the myopia of the [contest] directors.

Rockies had their own fundraiser several weeks earlier with much greater success. The emergence of a tradition with a sense of stability may be what lesbian and gay folk appreciate. Let's put the holiday chili contest back where it got started. No one was helped by the transfer; a lot were hurt.

Sadly, this holiday season seems to have brought out a lot of hard-heartedness and greed in arca businesses. The Ohio City Oasis advertised a Christmas party and a customer appreciation night on different nights in December. In neither instance was there any snacks, drink specials or various other incentives. It was business as usual. The bartenders had to keep apologizing for the careless management. Oasis?

On New Years Eve, Heck's overbooked reservations, delayed seating up to 50 minutes; served portions one half the regular size; ran out of bread by 10:30 p.m.; refused to bring desserts down from upstairs because they would be closed January 1 and couldn't risk having leftovers. Once again, the poor waiter staff spends the evening apologizing for the penny-pinching management. What the Heck?

I worked as a waiter myself, so I rapidly perceived the exploitative intent the staff at these places were forced to excuse. Because the ownership or management is gay does not mean that all sins are forgiven in advance. Quality experience for the prices we pay ought to be the rule.

Jack McNulty Cleveland

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GAY PEOPLE'S CHRONICLE

Volume 13, Issue 14

KVIR

A DECADE

CHRONICLE

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Corrections

A December 5 preview of So What Are You Wearing?, a December 12 performance piece at the Cleveland Center for Contemporary Art, was accompanied by a photo that identified Daniel D'Andrea as one of three actors in the show. At the time the preview was published, D'Andrea was no longer associated with the production.

The name of a new AIDS drug, Preveon, was misspelled in a December 19 "Speak Out" column.

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