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NC Supreme Court Takes Custody
Of Sons From Gay Father

The North Carolina Supreme Court recently overturned an appeals court and reinstated a ruling that revoked a Gay father's custody of his two sons solely because of his relationship with his male partner, according to Lambda Legal Defense and Education Fund.

The ruling means that Fred Smith, a Henderson County, NC resident, will not regain primary custody of the boys he raised from birth up until his ex-wife uprooted them with a change of custody in 1995. She argued that, despite all evidence that the children were thriving in their father's care, Smith's sexual orientation and her recent remarriage warranted a change of custody.

Lambda and North Carolina Gay and Lesbian Attorneys (NC GALA) represent Smith.

"The Court went to extraordinary lengths to rule against this Gay father," said Lambda Legal Director Beatrice Dohrn, expressing shock at the decision. "This ruling undermines non-Gay as well as Gay parents in unmarried relationships, no matter how proven their parenting ability. The Court has opened the door to relitigating current custody arrangements for many families in North Carolina.

Co-counsel Sharon Thompson of NC GALA said, "North Carolina has a history of determining custody not on societal prejudice, but on the health and happiness of children. It is a terrible misfortune to Fred, his family, and all North Carolina parents that anti-Gay prejudice overruled the children's experiences in this case."

Justice John Webb also disagreed with the Court, stating in his dissent, "The difficulty with the majority opinion for me is that it recites actions by the defendant which the majority considers to be distasteful, immoral, or even illegal and says this evidence supports findings in fact which allow a change in custody. There is virtually no showing that these acts by the defendant have adversely affected the two children. The test should be how the action affects the children and not whether we approve of it.... I do not believe we should allow a change in custody on evidence which shows only that the defendant is a practicing homosexual."

The 5-1 ruling, with a seventh justice concurring only with the result, pointed to Smith's long-term relationship with his domestic partner, Tim Tipton, who also helps care for the boys, as the reason for reversing an appellate ruling and supporting a trial court's order for a change of custody.

In an apparently contradictory statement, the Court said, "We do not agree with the conclusion of Justice Webb's dissent that the only basis upon which the trial court changed custody was that the defendant is a 'practicing homosexual.' Instead, we conclude that the trial court could and did order a change in custody based in part on proper findings of fact to the effect that defendant-father was regularly engaging in sexual acts with Mr. Tipton in the home while the children were present and upon other improper conduct by these two men."

The Court also disapproved of the fact that Smith and Tipton kissed each other in the presence of the children and that, although always keeping their bedroom closed and locked if they were having sex, the couple allowed the children into the bedroom when simply in bed together. It cited these facts in support of the decision to remove custody from Smith.

"Sadly, this decision means that two kids have been torn away from a great father only because that father is Gay," said Stephen Scarborough, staff attorney in Lambda's Southern Regional Office in Atlanta. "That's not the 'best interest standard' at work. That's prejudice, pure and simple," he said.

In Oct., 1996, the state Court of Appeals rejected a trial judge's decision and ordered the children's custody be restored to their father. It said that the trial court's conclusions against Smith were based on improper speculation rather than facts in evidence. But that order was stayed pending appeal by the mother, Carol Pulliam. The Supreme Court heard the appeal in Pulliam v. Smith in May 14, 1997.

In 1991, Pulliam left Smith and the children, now 12 and 9, to live in Kansas with Bill Pulliam, whom she later married. After Smith's partner moved into his home in 1995, Pulliam sought the children's custody. Her challenge received support from the Family Research Council of North Carolina, which used extremist anti-Gay arguments against Smith.

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Minority Leader Visits
"World's Largest Gay Church"

House Minority Leader Richard Gephardt (D-Mo.) addressed a 2,000-member Gay Christian congregation in Dallas, TX July 2. The church, the Cathedral of Hope, boasts to be the "world's largest Gay church."

During his address, Gephardt reportedly denounced Senate Majority Leader Trent Lott's remarks in June in which Lott compared homosexuality to alcoholism and sex addiction. House Majority Leader Dick Armey (R-Texas) later publicly supported Lott's remarks, after Gay civil rights groups attacked the Majority Leader for defaming Gays. A Cathedral of Hope press release reported that Gephardt told the congregation Lott's remarks and Armey's support of them were "a shame and are certainly not my views or the views of the majority of the House of Representatives."

The Cathedral of Hope has also invited both Lott and Armey to address the congregation, but has received a response from neither office. [from Washington Blade]

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Anti-Gay Ads Protest
By Congressional Interns

When college student Jonathan Krause read the first of three advertisements which ran in major daily newspapers the week of July 13 urging support for the "healing" of homosexuality, he was outraged and, together with his co-worker Megan Awerdick-they're both interning this summer for U.S. Sen. Frank Lautenberg (D-N.J.)-did something about it.

They spent a week planning their protest, set up a "hotmail" E-mail account, distributed fliers and, at noon on July 21, they were able to amass approximately 80 interns on the Mall side of the Capitol Building to denounce the ads and their message. This was an impressive showing, especially since neither organizer is Gay.

"I think that's what made our statement so strong. It was a bunch of people you wouldn't expect," Awerdick said. "Here we were a bunch of college kids in town for the summer that didn't fit into any of the groups [attacked in the ads]. But we were saying, although it doesn't effect us directly, we're speaking out against it."

Awerdick and Krause went door to door in Congressional office buildings and spoke to each office's interns asking them for support in protesting the offensive ads. Soon word spread to interns throughout Washington, DC. Finally, they posted fliers announcing the protest and inviting interns to show up.

The fliers screamed: "Attention Interns... While these groups have the financial resources to speak out in the national media, those of us who support respect and tolerance towards Gays and Lesbians must in our own way show our opposition to their ad campaign by speaking out against anti-Gay stereotypes." [from Washington Blade]

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New ISU Rules
Cause Serious Problems
For Gay Games Figure Skating
by Nellie Voss & Paul Van Yperen

The International Skating Union(ISU) refuses to recognize Gay Games Amsterdam 1998 as an official event. This has serious consequences for the Figure Skating competition at Gay Games.

Skaters, referees and officials that will participate in this event will be expelled from further participation in official international ISU competition. About 25 of the 100 registered figure skaters for the Gay Games will therefore have to reconsider their participation. Since all the referees for Gay Games are internationally recognized jurors, it's almost certain that they too will have to cancel their participation if the ISU sticks to its decision.

According to Gay Games director Marc Janssens, the financial consequences of this ISU decision are enormous for Gay Games. Ticket sales for the Figure Skating are in full swing and NLG 75,000 tickets have already been sold. In total, the financial loss could amount to a quarter of a million Dutch guilders.

Marc Janssens: "We are in discussion with the ISU at the moment. We are even considering to take legal action. The decision of the ISU came as complete surprise for us...this is just not acceptable. Our relation with the Royal Dutch Skating Union KNSB is a very good one and on the basis of a letter from the KNSB we had assumed that there would be no problems at all in this respect."

The chairman of the KNSB, Mr W. Schenk, says he already knew that the ISU was working on new regulations to prevent the unchecked growth of commercial ice dance events. But he too is quite indignant about the fact that the ISU is confronting the Gay Games organization with such an important change in regulations at such short notice. He has asked the ISU to give the Gay Games dispensation of the new rules, but so far they refuse to make any exceptions.

Daan Boer, Gay Games Coordinator for Figure Skating, remains calm as ever in all this turmoil: "After the verbal agreement of Mr Schenk that he would represent our interests at the ISU congress, we didn't expect this terrible turn of events. But with or without the consent of the ISU, we will make this event a fantastic happening anyhow."

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BiNet USA Reaches Out
To National Organizations

In an effort to coordinate, educate and cooperate with other progressive, human and social rights organizations, BiNet USA, the National Bisexual Network, has forged alliances to help end biphobia and oppression.

This past Mar., BiNet USA, kicked off its first Ally Campaign and has met with quite successful response. The Campaign is designed to advance Bisexual rights and visibility and to solidify the relationship between these other national political organizations.

Campaign leader, Debra Kolodny says: "BiNet is delighted with the response. Though BiNet had positive dealings with many of these organizations before the Ally Campaign, this effort formalizes and professionalizes our relationship. BiNet now has institutionalized sustainable access to the leaders of the largest Lesbian, Gay and Transgender rights organizations in this country."

Mart¡n Ornelas-Quintero, Executive Director of The National Latina/o Lesbian, Gay, Bisexual & Transgender Organization says he is happy to be part of this new coalition building: "By finalizing our alliance with BiNet, LLEGO joins the forces of Latina/o Bisexuals with the larger Bisexual community, ensuring the diversity of the movement and creating a powerful network for the good of all Lesbians, Gays, Bisexuals and Trangenders."

The organizations that BiNet now have formed partnerships to help end biphobia include: And Justice for All; Children of Lesbians and Gays Everywhere (COLAGE); FTM International; Gay and Lesbian Alliance Against Defamation (GLAAD); GayLaw; Gay, Lesbian and Straight Education Network (GLSEN); Gender Public Advocacy Coalition (Gender Pac); Human Rights Campaign (HRC); International Conference on Transgender Law and Employment Policy (ICTLEP); Its Time America!; Magnus Hirschfeld Center for Human Rights; National Gay and Lesbian Health Association; National Gay and Lesbian Task Force (NGLTF); National Latino/Latina Lesbian, Gay, Bisexual and Transgender Organization (LLEGO); National Youth Advocacy Coalition; and, Unitarian Universalists Interweave.

The goals of the BiNet USA Ally Campaign are: to create strong political allies; to be effective allies for others ;and, to raise funds to help achieve BiNet's organizing, advocacy and education goals.

Allies are given a series of benefits, largely oriented towards visibility within the Bi movement. In return, allies donate through either financial contribution, visibility exchange, or in-kind contributions.

As part of the campaign, BiNet clarified the actions it believes reflect a sincere alliance with the Bisexual Movement. BiNet will work with allies to advance their commitment on each of those actions, including, but not limited to: Confronting /challenging /educating to end biphobia when you see it; Supporting Bi visibility within and outside of your organization; Recognizing both the intersection as well as the independence of the Bi Movement with the larger social justice and LGBT movements.

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Log Cabin Vows To Defeat
Hefley Amendment In House

The nation's largest Gay Republican organization vowed to muster as many Republican votes as possible to defeat an amendment proposed by Rep. Joel Hefley (R-CO) which would roll back a recent executive order by President Clinton codifying a federal non-discrimination policy in the executive branch that sexual orientation must not be a consideration in employment practices for federal workers.

"We will fight the Hefley Amendment, and we will be watching every Republican vote when it comes to the floor," said Richard Tafel, executive director of Log Cabin Republicans. "There will not be a vote like this one in the House before the 1998 elections, and our entire membership will mobilize to fight its passage."

The amendment will be offered to the Treasury, Postal Service and General Government Appropriations bill, managed by subcommittee Chairman Jim Kolbe (R-AZ), who is openly Gay and has announced his opposition to it.

"In particular, this will be a test of how low the religious right will stoop, forcing a vote on a measure that is not only dangerous and wrong, but slapping the face of an Appropriations subcommittee chairman in the process in very personal terms," Tafel said. "There seems to be no limit to what they will try anymore, and it is time to put an end to it."

In a letter to House Republicans, Tafel called the vote on the Hefley Amendment as a "critical moment for the Republicans Majority."

"I cannot forsee a more crucial vote to my organization and our membership in this Congress than this one," Tafel wrote. "The time has come for moral leadership, if not from those elected to lead the Conference, then by the rank and file Members themselves. Words and rhetoric about tolerance is not enough. Indeed, there comes a time in every political leader's life when he or she can no longer pander to the lowest common denominator and must do what is right. This is such a time for the House of Representatives."

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