men and Lesbians have been at the forefront of campaigns challenging privileges given only to married heterosexual couples. They have met with a certain amount of success. In a 1989 New York case, the court ruled that a Gay couple could be regarded as a family under New York City rent-control laws. This decision allowed a Gay man to remain in his deceased lover's rent-controlled apartment under a law which accords that right only to relatives.
In Seattle, a Gay man and his lover went to court and successfully sued for a family motor-club membership, charging that the company violated state law prohibiting discrimination on the basis of marital status.
A major airline now grants frequent flyer miles to unmarried partners in the same way it grants them to married spouses, as a result of a lawsuit by a Gay man.
Cities such as Seattle, San Francisco, Berkeley, and Madison have passed laws that enable unmarried couples to register as "domestic partners" and qualify for limited marital benefits like hospital visitation rights and bereavement leave. These may seem small victories, but they show a cultural trend towards redefining the family in a way favorable to Lesbian/Gay partnerships and families.
WILLS AND POWERS OF ATTORNEY
Lesbian/Gay couples can, under present Ohio law, build a legal and financial framework similar, but not identical, to that of married couples. This can become quite involved. At the very least, every couple intending to remain together for any extended period should draft wills and durable powers of attorney.
Ohio is the only state in the nation that allows you to designate a legal heir. If you have a designated heir, no spouse and no children, your designated heir will inherit all of your property, even if you die without a will. If you do not designate a legal heir and if you have no will, your estate will go to your relatives instead of a significant other or your friends. If you want to designate an heir, you must go to court and make the designation in front of a judge. After one year, you can undo the designation, if you choose.
Similarly, if you are incapacitated, you run a risk of the state granting control of your financial and medical affairs to a relative unless you have made legal provisions otherwise. By preparing a legally valid durable power of attorney, you may authorize another person to handle your financial affairs in the event that you become incapacitated. With additional language, you can authorize someone to handle your medical decisions as well.
For additional information on wills and durable powers of attorney, contact your attorney. If you need referrals to an attorney who is friendly to same-sex couples, contact the nearest hotline or referral organization listed here.
CHILD CUSTODY
This has been a problematic area for Lesbians and Gay men. In both child custody and adoption matters, the "best interest of the child" is the guiding principle. Since each case is individual, it has been difficult to legally define "best interest." Therefore, the law leaves such determination to the courts. For a long time, most courts held that a parent's homosexuality, in and of itself, was incompatible with children's health and happiness. That trend has begun to change as society and the courts have become more educated about Gay men and Lesbians. Many courts have upheld the rights of Lesbian and Gay parents to custody and visitation rights.
It should be noted that this situation varies dramatically among the courts in Ohio and elsewhere. Child custody is still being challenged on the basis of disclosure of homosexuality. Even in cases won by Lesbian or Gay parents, courts in other jurisdictions are allowed toreexamine decisions if parents move.
ADOPTION
Ohio law permits a single person to become an adoptive parent, and has no express prohibition against adoption by Lesbians or Gay men. In the past, potential adoptive parents who were Gay or Lesbian had to present testimony from mental health professionals to dispel myths about the effect of parents' homosexuality on children.
In a March 1990 decision, the Ohio Supreme Court confirmed the right of a Gay man to adopt In Ohio. The Charlie B. case has made it easier for Gay men and Lesbians to legally adopt children.
Although it is becoming easier for Lesbians and Gay men to adopt as single parents, no state allows two men or two women to adopt a child together. If you intend to adopt as an openly Gay or Lesbian parent, you should consult an attorney first.
ALTERNATIVE INSEMINATION
Alternative insemination has become an accepted practice in the United States and provides many advantages for Lesbians and Gay men who wish to have children without state entanglement. However, the rights and obligations of parents as defined by law can create complications, particularly if the biological parents of the child are known to each other.
To avoid complications, the rights and obligations of each party with respect to a child should be established, in advance, in consultation with an attorney. However, the law in this area is quite vague and it is changing very rapidly.
For additional information, write for the booklet, Artificial Insemination: An Alternative Conception, San Francisco Women's Center, 3543 18th Street, San Francisco CA, 94110.
VIOLENCE
Anti-Gay violence has long been a problem, and in the past few years, with the rise of organized hate groups and a backlash spawned by AIDS, it has gotten worse. In a six-city survey conducted by the National Gay and Lesbian Task Force in 1990, incidents of antiGay violence reported to police rose 70 per cent over the previous year. Ohio is not exempt from this trend; during 1990, Stonewall Union documented more than 75 reports of antiGay violence in central Ohio. A study commissioned by the United States Department of Justice concluded that "homosexuals are probably the most frequent victims" of hate crime-crime motivated by hatred of a group.
Since, in effect and intent, hate crime intimidates whole communities, it has come to be regarded as a category of crime distinct from that aimed strictly at individuals. As a result, a body of state and local legislation specifically aimed at the problem has been evolving over the past few years.
Where hate crime laws are in force, a crime motivated by the victim's minority status will merit a stiffer penalty than the same offense without such a motivation. The State of Ohio has such a law, but it does not include sexual orientation among its protected categories. In 1990, a law went into effect in Columbus protecting Gay men and Lesbians, as well as members of other minority groups, from ethnic intimidation.
Ethnic intimidation is concerned with the motive for an offense; it can never be brought as an independent charge. Before ethnic intimidation can apply, another offense must have occurred. Simple anti-Gay beliefs or remarks, for instance, could not, by themselves, be regarded as Ethnic Intimidation, but loud, threatening, anti-Gay verbal harassment might justify a charge of disorderly conduct with Ethnic intimidation. Similarly, a beating accompanied by anti-Gay slurs might be classified as assault with Ethnic Intimidation. A number of prosecutable offenses can be bases for charges of Ethnic Intimidation.
STAYING SAFE
Almost anyone is a potential victim of anti-Gay violence; however, you can reduce the likelihood simply by taking a few precautions:
• Take a self-defense class.
Stay alert. Awareness is your best self-defense.
• Trust your feelings. If you think something is wrong, you're probably right.
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Project confidence. Don't look like an easy mark.
Stay aware of who is in front of you and who is behind you.
• Don't walk alone, especially if you're under the influence of narcotics or alcohol. • Choose busy, well-lit streets.
• Walk near the curb, avoiding doorways, alleys, construction sites, and parks after dark. • If you feel threatened, cross the street, change direction, or run to a safe place. Always have money for a bus or, after public transportation hours, a cab. Keep your ears open. Don't wear headphones when you're walking or running. Have your keys in your hand before you reach your home or car.
• Conceal your money and jewelry.
• Blow a whistle or shout to attract attention when threatened.
• If you intend to trick with someone, introduce him or her to a friend or acquaintance so that someone knows with whom you left.
• Don't answer anyone who harasses you unless you're at a safe distance and prepared to defend yourself. Harassment is often a prelude to an assault.
If you become a victim...
• Get medical attention immediately by calling 911.
• Make a police report. If you believe that the attack was motivated by your sexual orientation, note this in your report. Even if you're sure there's nothing the police can do, making a report can assist the police in gathering statistics and recognizing patterns of violence against Lesbians and Gay men.
Try to remember sex, age, height, weight, build, clothes, race, and distinguishing characteristics. If possible, note them and write them down immediately after the attack. • Call the hate crimes contact number closest to you. Anti-Violence Programs are listed in this publication. Such programs document incidents and monitor your treatment by the police and other officials. They can also provide referrals for attorneys, counseling, and health care.
• If you live in central Ohio, call the police liaison to the Gay/Lesbian community, Cheryl Johnson, at 645-4910. Johnson is part of the police Bias Crimes Unit, which documents and reports the nature and incidence of hate crimes in Columbus. If she is unavailable, ask for Wes Johnson or Jim Lanfear.
If the police do not take a report at the time of your assault, go to your local police station
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