Page 8 HIGH GEAR

opinion

Enjoying full control over your affairs

By L.J. Hershkoff Often I am confronted with questions regarding the degree of control which each of us may legally exercise over our affairs. Generally, the law is quite clear regarding matters of personal autonomy and control of property. (By "personal autonomy" I mean control over one's own physical and

emotiona I self). The law $ recognizes that all competent

adults (that is, sane persons who have reached their eighteenth birthday) have extensive individual rights. But one must exercise these rights to enjoy their actual benefits.

For instance, all competent adults can decide how their property is to be distributed following their death-even if

CEAR

A Publication of the Gear Foundation

Volume 5 Issue 9

HIGH GEAR journal is a publication of the Gay Educational and Awareness Resources (G.E.A.R.) Foundation of Cleveland, Ohio. It is distributed free of charge in any establishment and with any organization that will permit distribution. We are a non-profit, federally tax-exempt publication.

The presence of the name or picture or other representation of an organi zation, place of business or person (s) in HIGH GEAR is not necessarily indicative of the sexual orientation of such organizations, businesses, or persons.

We welcome all contributions of written materials, art work, or photography by members of the gay community. All materials submitted for publication are subject to editorialization. We cannot guarantee the return of materials submitted for publication, whether used by HIGH GEAR or not, unless they are accompanied by a stamped self-addressed envelope.

All HIGH GEAR staff are volunteers. Anyone interested in working on the staff of HIGH GEAR should inquire by calling (216) 621-3380 cr by writing to HIGH GEAR. P.O. Box 6177, Cleveland, Ohio 44101.

Businesses or organizations wishing to advertise in HIGH GEAR may obtain advertising rate sheets and other information by writing to the above address.

The deadline for HIGH GEAR publication is the 15th of the month -for advertising and written material. News items accepted until the date of publication.

HIGH GEAR will not publish material in which graphic or verbal representations of an ideal or idealized human body appear except in the case of a performer or work of art which is the subject of the material. We also will not publish material of a racist, sexist, or pornographic nature. We reserve the right to alter and/or edit material to conform to the above standards; in the case of display advertising, after notifying the advertiser.

HIGH GEAR is copyrighted under federal law. Reproduction is granted to all other gay publications so long as credit is given to HIGH GEAR. All HIGH GFAR work is original unless otherwise noted. EDITOR

Dan Miecznikowski

ASSOCIATE EDITOR-COLUMBUS Rob Davis ART AND ADVERTISING

BUSINESS MANAGER DISTRIBUTION MANAGER DISTRIBUTION STAFF

SUBSCRIPTIONS LAYOUT COORDINATOR LAYOUT STAFF

J. David Armstrong Michael Prunty Carl Howard Donn Wolff

Bob Kovach

Mark Kinsley Jeff Ramsey David Vail Kevin Smith Tom David Jim Lewis

this means giving it all to one's lover and none to one's biological family so long as one complies with the necessary legal formalities for the proper execution of a will. Furthermore, if there is any reason to believe that the validity of one's will might be challenged, there are some special precautions which lesbians and gay men can take to further assure that one's wishes will be fully respected.

Of course, not only are we free to control the disposition of our wealth and possessions after our mortal demise, we are at liberty to do so throughout our adult lives. Thus, two (or more) persons can -by following the proper legal forms -jointly own property and it can even be provided that upon the death of one owner his/her share shall automatically (without going through probate) become the property of the other joint owner(s). Moreover, before or even while living together individuals can mutually decide and agree upon rules which will govern their rights and obligations should they (as friends or otherwise) go their separate ways at any future time.

Less common than the above are documents commonly know as Powers of Attorney and Living Wills. By these documents we are free to control not only our property, but our personal autonomy. One can, for exmaple. set forth and establish in advance what is to be done (or not to be done) in the event that one is ever in an unconscious, near-death state. That is, we can appoint a person to make all and any necessary decisions-either giving that person wide discretion over what procedures may or may not be performed or setting down guidelines which are to be followed in determining the extent and nature of artificial life support measures which may be employed.

Of course, personal autonomy like political autonomy is meaningless unless it is exploited to one's own benefit. By the wise use of the abovementioned devices we can enjoy a large degree of control over situations which catch most people totally unprepared. The key is to think, plan and act ahead of time to control those contingencies which cies which might otherwise pass beyond

Robbie Robinson Wa R. Woodward

our

Editorial

Why gay rights?

As reported in last month's HIGH GEAR, Detroit's city council has passed a comprehensive human rights ordinance, with strong enforcement powers, which specifically outlaws discrimination against sexual minorities.

Such news is cause for more than just idle rejoicing, it is also cause for considering why such legal protection for gays continues to be necessary. Those involved with promoting the rights of gays need to have clear ideas of what their aims are and they should be ready at all times to clearly explain these aims.

Many peopole are misled by the very term "gay rights". It suggests all too easily to many people that special privileges are being sought for one specific group. Such, it must be explained, is not the case. The rights of gays that human rights ordinances mean to secure are rights that belong to everybody. These basic general rights are compromised by the arbitrary discrimination which exists against gays. Blatant mistreatment of one group establishes precedents, gives examples of how to treat other groups. The protection of laws gets replaced by depending haphazardly on being "in" with those who momentarily have the upper hand.

Ordinances for securing the rights of gays are human rights ordinances for protecting everybody from the ill effects of anti-gay prejudice.

Those who object to such human rights ordinances on moral grounds must be shown that public morality is affronted and injured by ways that gays are all too easily treated.

Such moralizers must be shown that ordinances that provide protection from anti-gay prejudice are not essays written in praise of some particular life style, that what such ordinances are, in aim and effect, are laws against blackmail and intimidation.

By themselves existing general laws against blackmail and intimidation do not provide adequate protection for anyone who might possibly be "accused" of being gay, by anybody who wants to grab somebody's job or apartment, anybody who wants to engage in blackmail, anybody who bears a grudge, anybody who will stoop to an anonymous phone call or letter.

Examples of people getting away with blackmail and intimidation are far more likely to corrupt most people than examples of people with certain sexual preferences going unmolested. Those who oppose such human rights ordinances on moral grounds need to be shown that, morally speaking, they spite the faces of gays by cutting off their own noses.

With the exception of a few individuals, gays in America are the least conspicious and most thoroughly integrated minority. It should be explained that ordinances that provide protection from anti-gay prejudice have less the effect of putting gays into key social positions than of protecting the countless gays already in these positions. already functioning as well as anybody else.

People who are gay are part of the fabric of American society, and it must be understood that American society is itself in danger if most gays, simply by being known as being gay, can be torn arbitrarily from this fabric at any moment.

The main reason that a gay rights movement exists is that too many people are all too ignorant of what faces them.

Remember, we are not in this to win one battle. We are in it to win the war. We want everything that we are entitled to in this country. ---Robin Tyler

An activist with an engaging manner, mischievous air, the 48-yearold suprvisor, open about his homosexuality, once said "If I turned around every time somebody called me a "faggot, I'd be walking backwards and I don't want to walk backwards." ---Harvey Milk

When a heterosexual shows us a picture of the family, it is called "sharing." When we show a picture of our lover, it is called "flaunting." We don't want to flaunt. We just want to share like they share with us. ---Robin Tyler

The Nixon in us wants to kick the fags out of the schools, or for that matter off the planet, because if you have to take the fact of homosexuality into your real life's considerations, how in the world can you go home and relax with a beer with the boys.

--Jules Feiffer