Last Wednesday I attended a perform of William Finn and James Lapine’s new musical show, “Little Miss Sunshine,” at the Second Stage Theatre off-Broadway. This show as inspired by the movie of the same name from several years back. Mr. Lapine directed. I thought the production was well-designed, given the limitations of the small stage, but I did not think this story was crying out for musical treatment. It seemed more like a play with … <Read More>
Federal District Judge Exhibits Ignorance in Evaluating Sexual Orientation Discrimination Claim
I glance at many court opinions almost every day in my ongoing quest of materials for my newsletter, Lesbian/Gay Law Notes, so I have a fairly good idea of what passes for constitutional analysis in federal district court opinions, but every now and then something just jumps out at me as reflecting sheer ignorance. One example of this is Fletcher v. Little, a November 20 decision by U.S. District Judge Sue L. Robinson (D. Delaware), … <Read More>
Arkansas Supreme Court Reverses Visitation Restriction on Gay Dad
A sharply divided Arkansas Supreme Court voted 4-3 to reverse the circuit court’s requirement that a gay dad’s same-sex partner not be present when he has overnight visitation with his youngest son. Finding that, contrary to the view of the circuit judge, Arkansas does not have a “blanket rule” requiring such a restriction, the Supreme Court sent the case back to the circuit court for a determination whether allowing the partner to be present would … <Read More>
From Machaut to Sondheim – A NYC Weekend Cultural Diary
This was a very busy weekend on my concert schedule — actually, an extended weekend since it began on Thursday night — so I have much to report. On Thursday night I was at the New York Philharmonic from a program that included the NYC premiere of Christopher Rouse’s Oboe Concerto, played by the NY Philharmonic’s excellent principal oboe player, Liang Wang. On Friday night I attended “Armida: A Baroque Opera Celebration” presented by New … <Read More>
New York Appellate Division Rebuffs Syracuse D.A. on Felony Charges in HIV Exposure Case
A unanimous five-judge panel of the New York Appellate Division, 4th Department, has rejected an argument by the office of Syracuse District Attorney William Fitzpatrick that an HIV-positive man should face felony charges carrying a mandatory minimum prison term for exposing another person to HIV by failing to disclose his infection before engaging in unprotected sex. The court approved a decision by Onondaga County Supreme Court Justice John J. Brunetti to reduce the charge to … <Read More>
New York Appeals Court Allows Breach of Contract Claim on Alleged Joint/Venture Partnership Agreement of Lesbian Couple
A panel of the New York Appellate Division, 2nd Department, in Brooklyn, ruled on November 13 that a lesbian can sue her former same-sex partner for breach of an alleged contract that they would share assets equally, including retirement contributions and earnings, after their relationship ended. While agreeing with the trial judge, Kings County Supreme Court Justice Yvonne Lewis, that plaintiff Laura Dee could not pursue an equitable claim on theories of constructive trust, unjust … <Read More>
Empiricism to the Rescue? Do State DOMA’s Actually “Protect” Traditional Marriage
There is a new on-line law review article that throws down the gauntlet on the question whether state-enacted DOMA statutes and constitutional amendments actually “protect” traditional marriage. As of May 2014, same-sex marriage will have been legal in Massachusetts for a decade. Since then, 14 states and the District of Columbia have made it possible for same-sex couples to marry, and two more states are about to join that group: Illinois (pending the governor’s signature … <Read More>
Busy Culture Week: Kill Your Darlings, A Time to Kill, Peoples’ Symphony Concerts (Borromeo Quartet & Richard Stoltzman), Thor
A little bit of this, a little bit of that…. I already wrote about the Ned Rorem 90th Birthday Concert that I attended on Tuesday night (Nov. 5), but wanted to mention my other expeditions of the week.
On Monday night, I saw “Kill Your Darlings” at Film Society of Lincoln Center. I thoroughly enjoyed this tale based on real events. It focuses on Allen Ginsberg’s first year as a student at Columbia University, and … <Read More>
N.J. Federal Court Rejects Constitutional Challenge to State Ban on “Gay Conversion Therapy” for Minors
U.S. District Judge Freda L. Wolfson has granted the state of New Jersey’s motion for summary judgment, rejecting a constitutional challenge by practitioners of “sexual orientation change efforts” (SOCE) to a recently enacted state law that prohibits licensed counselors from providing such therapy to minors. (SOCE is popularly known as “gay conversion therapy.”) Following along the lines of a recent decision by the U.S. Court of Appeals for the 9th Circuit in San Francisco, which … <Read More>
European Courts Issue Important Gay Rights Decisions on November 7
European courts issued three significant decisions affecting the rights of LGBT people in Europe on November 7, 2013. In Minister for Immigration and Asylum v. X, Y & Z (Joined Cases C-199/12 to C-201/12), the European Court of Justice in Luxembourg, which is the highest court on questions of European Union law, ruled favorably on the right of lesbian and gay people to seek asylum in Europe based on fear of persecution of gay people … <Read More>