.§ : OUT. JN. -T.HE. MQUNT/’:'.N5.i-/\L!§!J.$T-19_98 . . .. y,-9 —|.EGAI. BRIEFS - U.S. Supreme court Finds In an important decision released in June of this year, the United States Supreme Court recognized that HIV infection is a disability for the purposes of the Americans With Dis- abilities Act. The facts of the case, titled Bragdon v. Abbott, are as follows: Sidney Abbott has been infected with HIV since 1986. In September, 1994, she went to a dentist, Randon Bragdon, in Bangor, Maine, for a dental appointment. Ms. Abbott disclosed her HIV sta- tus on the patient registration form. At that time, Ms. Abb6tt was essentially asymptomatic. The dentist examined her teeth and found a cavity. Be- cause she was HIV+, he re- fused to fill the cavity in his office, but told her he would fill it for the same cost at a hospi- tal. However, Ms. Abbott Cnow’sCaws Iiy In-ow Cohen :j..______—_..__.....___—_ I spent the 4th of July weekend near Seneca Falls cel- ebrating the 150th year of the signing of the "Declaration of Sentiments" drafted by Eliza- beth Cady Stanton and her suf- fragist buddies. I also visited the Women's Rights Museum - a national park, mind you, that features a gigantic photo on the first floor of an African- American dyke holding up a huge placard which says ”Black Lesbian Rights!” But the main purpose of schlepping out to the Finger Lakes Region of upper New York State for the weekend was to attend the Radical Lesbian Feminist Festival atthe Seneca Women's Peace Camp - women's land that has been more or less operating for 15 years. This gathering was or- ganized by Lierre Keith from Northhampton who had also created a Radlesfem weekend this past February in Deerfield, Mass. which I was thrilled to attend. (See OITMI Feb. 98 "Radical Feminism") Now, here were close to 20 of some of the most conten- tious, opinionated dykes the patriarchy has to offer and you never saw such a bunch of con- siderate, respectful, gentle, earth-loving wimmin. No more will I accept the accusa- tion that I love to argue for the sake of arguing. Put us in an environment where we don't have to deal with feminist backlash on a daily basis and we turn into a bunch of pussy cats. Now these dykes weren't coming here to get their ya—yas off. Of course we laughed a lot, sang, and sat way into the night by the bonfire; but our chief purpose was not to be passively entertained by queer superstars, overpriced craft "malls/’ or workshops on the latest, greatest sexual tech- nique. HIV a Disability, BY SUSAN MURRAY AND BETH RoBINsoN would have had to pay the hospital's fees. She decided not to accept the dentist's terms, and instead filed a lawsuit un- der the Americans With Dis- abilities Act (the “ADA”). Eventually the case worked its way up to the United States Supreme Court. The Supreme Court's de- termination that Ms. Abbott’ s HIV infection is a disability might seem like a no—brainer, but it was not completely ob- vious. The ADA defines dis- ability to mean ”a physical or mental impairment that sub- stantially limits one or more of the major life activities of [an] individual.” Thus, in order to rule in Ms. Abbott’ s favor, the Court had to (1) find that as- ymptomatic HIV infection is a physical or mental impair— ment, and (2) find that the im- pairment limits a ”major life activity.” The Court concluded that even though Ms. Abbott was largely asymptomatic, her HIV infection was indeed a physical impairment becausejit affects her hemic and lym- phatic systems. The Court also decided that her HIV status substantially limited the "ma- ltatllestem Festival _ _ _ — _ _ — _ — ‘ — — _ _ _ _ _ — — _—_I because Ms. Abbott's infec- are so "divisive” is bullshit. l llous °°“dlfi°“ ”P°Seldl 3 di- '['hediVi5ion5aI-ea1readythem_ I rect threat to the health or We were there to get pas- sionate, no doubt, but in the broader (as opposed to geni- tally restricted) sense of ex- changing our beliefs, values, ethics, visions, stories and hopes related to affirming les- bian feminist culture. We ranged in age from 18 to 55 but the majority were in their late 20's,. early 30's. Instead of be- ing on my guard against age- ism which happens when 55 year old me is surrounded by ambitious younger women ready to dismiss us as old—fash— ioned, I was extremely heart- ened that] found this new gen- eration of fervently committed radical feminist dykes who rec- ognized that the queer move— l ment had little to offer them in terms of analyzing male domi- nation which pollutes our minds and bodies. Now in case you haven't noticed, radlesfem theory is no longer popular despite the wider acceptance of G/ L folk in the mainstream and B / T folk in the movement. I'm not su estin that more visibili l 83 8 ll’ We often have the courage to | name them (bring them to light) so they can be dealt with and healed. The overused word ”in— cest" should be replaced by l jor life activity” of "reproduc- tion,” because an infected woman might infect her child during gestation and child- birth, and an infected woman who tries to conceive a child "imposes on the man a signifi- cant risk of becoming in- fected.” Although the Court focused on ”reproduction” as the major life activity involved in the case, the Court also inti- mated that it recognized that HIV infection affects "major life activities of many sorts.” The Court ultimately sent the case back to a lower court to determine whether the dentist could come up with enough evidence to justify a trial on the question of whether his dis- crimination was nonetheless permissible under the ADA safety of others,” but the Court expressed its own skepticism that the dentist would be able to come up with enough evi- l dence to support that claim. The Court's decision has "the rape and torture of chi]- I important rafnlficatiofls for dren." And lest I fall into the | HIV+ persons not only In con- trap that it's all just words and words don't matter, here's a favorite quote by Andrea Dworkin that was posted in- side the outhouse door from nection with public accommo- dations, but also in connection with employment, housing, and a range of other activities. The case also eliminates one of l the obstacles to claims by HIV+ | people subject to discrimina- CROWS CAWS. Pl_2_] tion by insurance companies, I" I VCLGR thanks all who I made Pride Day '98 a large suc- cess. The Coalition had a table l under the tent to register vot- ers; we signed up a few new members as well. We also had and inclusiveness are necessar- l the honor of marching in front ll)’ bad things, but if we don't I of Bread and Puppet leading fortify ourselves with an inci- | the parade with our banner. sive analysis of how doIm'na- I Thanks Nat, tionl submission patterns de- stroy our souls as well as the planet earth, then we are being lulled into thinking that once we're accepted by the patriar- chy we have nothing to worry about. Here are some of the ideas I picked up. We're not ”separatists,” we're ”connectionists.” We aren't "dykosaurs." We have to be on multiple levels and parallel tracks to attack the patriarchy. Being radical includes chal- lenging the norm; it’ s not about reform. It includes an analysis of classes of people; it's not VCLGR is still looking for individuals to help with I our conference in October. | VCLGR and the UVM GLBT Alliance will be hosting the l conference at UVM on October | 10th. MARK YOUR CALEN- l DAR. On August 19 at 6pm we l will be having a conference I meeting at the Peace and lus- | tice Center. If you would like | to help make this conference a success please come. If you want to help but can not attend the meeting call Virginia. If you ’ I are interested in doing a work- shop or having a table at the conference please contact Vir- about individualism. The accu- ginia Renfrew at sation that we radfem dykes l renfrew@sover.net or call 496- ;_ __________________ _ _ __l 4333 or via the'Coalition toll free number 1-888-825-4989. We are also looking for a child care provider for the day. VCLGR will be survey- ing candidates for the 1998 statewide election, results to be printed in Ol'I'M. If you have questions that you would like to have asked of the candidates contact Keith at kgoslant@ddmhs.state.vt.us_ or call 454-8552 or via our toll free number 1-888-825-4989. Over the last few months we have heard individuals re- mark that they will only vote for those candidates that sup- port the repeal of Act 60. When deciding who to vote for please look at all the issues. Make sure that the candidates support civil rights for all Vermonters. We have heard some candi- dates state if they are elected a priority is to change the look of our Supreme Court. They would like to see the Court be less ’‘radical’’ or ”activist.” As minority communities has of- ten sought remedies for dis- crimination via the court sys- although the law is still un- settled on the question of whether insurance policies are a ”public accommodation" subject to the non— discrimina- tion requirements of the Americans With Disabilities Act. Moreover, although the Abbott decision involved a federal law, Vermont's own anti-discrimination laws will likely provide at least as much protection as the federal ADA. HIV+ people in Vermont can now be more confident that they enjoy not only the protec- tions of federal law, but also _ the protection of Vermont's anti-discrimination laws. . Finally, the Court’ s deci- sion may arguably affect em- ployment leave, and insurance coverage, for in vitro fertiliza- tion and donor insemination since "reproduction” is a ma- jor life activity. Susan Murray and Beth Robinson are attorneys at langrock Sperry 8* Wool in Middlebury, Vermont whose practices include employ- ment issues, fizmily matters, estate planning, personal injury and worker ’s compensation cases, and general commercial and civil liti- gation. This column features timely information about legal is- sues of interest to our community. We hope to provide information about important laws and court cases that may aflect our rights, as well as practical nuts and bolts advice for protecting ourselves and our families. If you'd like to see as cover a particular topic, please feel free to write OI TM or call us at 388-6356. BY VIRGINIA RENFREW tem this attempt to politiize the Vermont Supreme Court be very dangerous for our, and other minority, communities. Judging by some of the calls received by the Liaisons it is clear we still have work to do before true equality is achieved for our communities. We have received requests to participate in presentations re- garding diversity in the work- place, working groups looking at Hate Crimes and sexual as- saults, and requests to partici- pate in mediation to resolve workplace and educational difficulties. Please remember both Liaisonsare available for infor- mation or assistance if you en- counter discrimination. If you are aware of issues that may require legislative remedy or policy changes on a statewide basis, please do not hesitate to contact us. Both our home phone numbers and the Coali- tion toll free number are listed on Ol'I'M’s resource page on ax'1..u _ . . . 4' ongoing basis. a.;«