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From: sdyer@bbncca.ARPA (Steve Dyer)
Newsgroups: net.motss
Subject: Re: abetting discrimination
Message-ID: <1182@bbncca.ARPA>
Date: Fri, 30-Nov-84 22:09:41 EST
Article-I.D.: bbncca.1182
Posted: Fri Nov 30 22:09:41 1984
Date-Received: Sun, 2-Dec-84 03:15:55 EST
References: <11300013@acf4.UUCP> <1181@bbncca.ARPA>
Organization: Bolt, Beranek and Newman, Cambridge, Ma.
Lines: 42


	>=Ron Rizzo
	>Further indication that existing [statutes?] ... prohibit anti-gay
	>discrimination at least in some circumstances is a recent court
	>ruling in Massachusetts (Steve Dyer, can you provide details?).

Actually, it was in New York, home base of Ross M. Greenberg himself!
Here are excerpts from a report in the Dec 1 issue of Boston's
Gay Community News:

	"...On November 15, Acting Manhattan Supreme Court Judge David
Saxe ruled that a version of Mayor Ed Koch's Executive Order 50 passed by
the city's advisory Board of Estimates was constitutional.  Further, the
justice stated that the state and federal constitutions already prohibited
discrimination against homosexuals, and that the Board of Estimates
resolution simply 'stated the law as it presently is.'"

	"...In the ruling, Saxe found not only that the Board of Estimate
was within its jurisdiction in issuing the anti-discrimination resolution,
but interpreted the equal protection clauses of the federal and state
constitutions to mean that homosexuals are currently protected from
employment discrimination."

	"'This is particularly necessary with regard to these plaintiffs,'
the judge noted, referring to the Archdiocese [of New York], the Salvation
Army, and several other agencies, 'who have explicitly stated an intention
to discriminate in their hiring on the basis of one's sexual orientation.'"

	"Judge Saxe also pointed out that 'apparently the prior leadership
of the Archdiocese of New York did not object to this mayoral order and,
at present, the Brooklyn Diocese finds no conflict between agreeing to the
order and providing secular services on behalf of the city.'"

I should mention that an injunction obtained by the Archdiocese of New
York, and granted by the Appellate Division of the State Supreme Court,
barring enforcement of Executive Order 50 is still in effect, and will
remain until the Appellate Division hears the appeal of the original
decision against Koch's Order in December.
-- 
/Steve Dyer
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