Philadelphia Gay News Vol. 33 No. 19
Honesty Integrity Professionalism
May 8 - 14, 2009
Maine OKs Candidates court votes Council backs HB 300 marriage By Jen Colletta PGN Staff Writer
By Jen Colletta PGN Staff Writer Maine became the fifth state to legalize same-sex marriage this week after the state legislature and governor approved a bill that overturned a ban on such unions. Gov. John Baldacci (D), who had not publicly announced his position on the bill, signed it into law just one hour after it got final legislative approval May 6. Massachusetts was the first state to legalize same-sex marriage five years ago, and Connecticut followed suit last year, followed by Iowa and Vermont last month. The issue of marriage equality in California is currently awaiting a state Supreme Court ruling, which is expected in the next few weeks. Maine is now the second state, after Vermont, to legalize same-sex marriage through legislative, rather than judicial, means. “Just one year ago, a single state allowed same-sex couples to marry,” said Human Rights Campaign president Joe Solmonese. “Now, with the historic step taken by Gov. Baldacci and the Maine legislature, five states will provide equal dignity, equal respect and equal rights under state law for same-sex couples by recognizing their See MAINE, Page 14
DAN ANDERS
ALAN BUTKOVITZ
BRETT MANDELL
DAN MCCAFFERY
DAN MCELHATTON
DAWN SEGAL
SETH WILLIAMS
JOHN YOUNG
PGN Staff Reports
candidates for their position on LGBT issues of importance: nondiscrimination legislation, On May 19, Philadelphians will go to diversity in hiring, marriage equality and the polls to nominate candidates for district adoption. attorney, city controller and numerous judicial benches. PGN spoke with the CITY CONTROLLER candidates for city controller, current controller Alan Butkovitz and challenger Alan Butkovitz Brett Mandel; leading DA candidates Dan Butkovitz, a native Philadelphian and a McCaffery, Dan McElhatton and Seth former state representative, is wrapping up Williams; openly LGBT judicial candidates his first term as Philadelphia city controller Dan Anders and Dawn Segal; and Superior and is seeking reelection to the position. Court candidate Judge John Younge, who During his tenure as a state legislator, has been a friend to the LGBT community 1991-2005, Butkovitz said he voted for in his years on the bench. legislation to include the LGBT community PGN asked the Democrats the same questions for each position, and asked all See CANDIDATES, Page 12
In a unanimous vote April 30, Philadelphia City Council approved a resolution that urges the Pennsylvania House to approve a nondiscrimination bill that would extend protections to the LGBT community. The resolution, which was introduced by Councilwoman-at-Large Blondell Reynolds Brown (D) and Frank DiCicco (D-1st Dist.) late last month, expresses support for House Bill 300 and encourages state legislators to vote in favor of the bill. HB 300 would amend the Pennsylvania Human Relations Act to include sexual orientation and gender identity as classes protected from discrimination in employment, housing and public accommodations. The bill was passed out of the House State Government Committee in March and is currently awaiting approval by the Appropriations Committee. Reynolds Brown noted that while she usually focuses her Council work on youth, the arts and small businesses, she believes she’s developed a reputation for being a “champion and reliable advocate for the rights of minorities and women, and the LGBT community is certainly no different.” She said she and DiCicco spoke with See COUNCIL, Page 15
House passes hate-crimes bill Judge denies new murder trial By Jen Colletta PGN Staff Writer The U.S. House approved a bill last week that would add protections for LGBT individuals to the federal hate-crimes law. Legislators voted 249-175 in favor of the Local Law Enforcement Hate Crimes Prevention Act on April 29. The bill, also known as the Matthew Shepard Act, would expand the 1969 hatecrimes law to include sexual orientation, gender identity, gender and mental or physical disability; provide funding to local and state agencies to investigate hate crimes; remove the current stipulation that offenses must be committed while a victim is engaging in a federally protected activity; and provide the Justice Department greater jurisdiction to investigate and prosecute hate crimes. “All Americans are one step closer to protection from hate violence thanks
to today’s vote,” said Joe Solmonese, president of the Human Rights Campaign, last week. “Hate crimes are a scourge on our communities and it’s time we give law enforcement the tools they need to combat this serious problem.” The day before the vote, President Obama issued a statement urging the House to pass the legislation, and Solmonese said the Senate should heed the president’s message and not “delay in passing this bill into law.” U.S. Sen. Edward Kennedy (D-Mass.) introduced a companion version of the bill in the Senate on April 28, along with 33 cosponsors. Both senators from Pennsylvania, Robert Casey (D) and Arlen Specter (D), signed on as cosponsors. The bill is currently in the Judiciary Committee. U.S. Reps. John Conyers (D-Mich.) and
By Timothy Cwiek PGN Writer-at-Large
William F. Smithson’s quest for a new murder trial has received a preliminary setback. Delaware County Common Pleas Judge Barry C. Dozor, who presided over Smithson’s trial, has declined a request by Smithson to overturn his first-degree murder conviction. Dozor issued the denial in an opinion issued April 23. But Smithson’s attorneys are preparing a more extensive appeal to be filed in state Superior Court. Advocates for Smithson say his initial trial, held in November 2008, was dominated by homophobia, making it difficult for jurors to objectively determine the truth. Smithson, 44, stands convicted of strangling to death coworker Jason See HATE CRIMES, Page 9 Shephard, 23, during the early-morning
hours of Sept. 19, 2006, while Shephard was visiting Smithson’s home in Thornbury, Delaware County. Smithson slipped the “date-rape” drug, gamma-hydroxybutric (GHB) acid, into Shephard’s Gatorade prior to trying to rape him. Then he strangled Shephard with some type of ligature, according to the prosecution. Smithson denies the allegations and claims prosecutors haven’t adequately examined the actions of a third man in his house that morning, F. Bruce Covington. Covington acknowledged bringing illicit drugs to Smithson’s residence at the time of Shephard’s death but has denied knowing anything about the homicide. Covington remains free on bail, facing several drug-related charges in Montgomery and Delaware counties. He’s also accused of lying to police about his whereabouts at See SMITHSON, Page 15