Super Phreak!
Family Portrait: Brett Nicol PAGE 17
Philly Black Gay Pride announces new president and vice president
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Vol. 37 No. 31
Trans woman survives shooting in NoLibs
State sues MontCo to stop same-sex marriages By Jen Colletta jen@epgn.com About three-dozen same-sex couples received marriage licenses in Montgomery County since a county official’s groundbreaking decision last week — but the state this week sought to put a stop to that practice. The Pennsylvania Department of Health on Tuesday filed suit, asking Commonwealth Court to issue an immediate injunction to stop MontCo Register of Wills D. Bruce Hanes from issuing any more marriage licenses to same-sex couples. Hanes announced last week that he was willing to issue marriage licenses to samesex couples, despite the state’s ban on samesex marriage. As of presstime, 36 couples had taken Hanes up on that offer. Tuesday’s suit argued that Hanes is “repeatedly and continuously acting in clear derogation” and “direct defiance” of the state’s marriage law. “There is no limit to the administrative and legal chaos that is likely to flow from the clerk’s unlawful practice of issuing marriage licenses to those who are not permitted under Pennsylvania law to marry,” the suit stated. Furthermore, the DOH maintained that public officials have a “mandatory duty” to follow state law, which defines marriage as between one man and one woman. It requested that the court issue a writ of mandamus, a court order, that would order Hanes to cease and desist issuing marriage licenses to same-sex couples. Hanes has 30 days to respond to the suit. The DOH is spearheading the suit, as it regulates marriage licenses. Hanes’ move ca me shortly after Pennsylvania Attorney General Kathleen Kane announced she would not defend against a challenge to the constitutionality of the state’s marriage-equality ban by the American Civil Liberties Union. Kane’s office did not respond to a request PAGE 2 for comment on Hanes’
By Angela Thomas angela@epgn.com
NUTRITION ON THE GO: Runners set off from the headquarters of Metropolitan Area Neighborhood Nutritional Alliance on Ranstead Street for the July 25 Summer Fun Run. The agency, which provides nutritional meals to those with life-threatening illnesses, held its first 3-mile run last month in Bryn Mawr and will stage the third and final run Aug. 15 in Haddonfield, N.J. About two-dozen runners took part in the Center City event, raising about $675 for the organization, which will support the production and delivery of nearly 200 meals. Photo: Scott A. Drake
Lesbian widow awarded benefits By Timothy Cwiek timothy@epgn.com
to Tobits or Farley’s parents. Cozen cited the federal Defense of Marriage Act and Pennsylvania’s DOMA A federal judge has ruled in favor of as reasons to not recognize the women’s Jennifer Tobits, a lesbian widow who had marriage. But a relevant section of the fedpetitioned for the death benefits of her eral DOMA was struck down by the deceased wife, Sarah Ellyn Farley. In a 12-page ruling issued July 29, Supreme Court in June, and Jones ruled U.S. District Judge C. Darnell Jones 2d that Pennsylvania’s DOMA isn’t relevant, awarded Tobits a lump-sum payment of since the women lived in Illinois. The judge also noted that the women’s about $41,000. Canadian marriage was recognized in The women Illinois. lived in Illinois, “There can be no doubt that Ms. Tobits where Farley is Ms. Farley’s ‘surviving spouse’ under wa s a n a t t o r[Cozen’s benefits] plan,” Jones wrote. ney at the law Additionally, the judge cited the need firm of Cozen for “national uniformity” among federO’Connor, ally regulated pension plans when dealing which is based in with same-sex marriages. Philadelphia. Tobits wasn’t available for a comment, In 2006, they were married in SARAH FARLEY AND but she issued this statement: “I am overJENNIFER TOBITS joyed that the court has said my marriage Canada. to Ellyn deserves the same respect as After Farley’s death in 2010, Cozen filed a court action everyone else’s. Nothing can ever replace in Philadelphia, asking a judge to decide Ellyn, but it’s a great tribute to her that the PAGE 9 whether Farley’s death benefits should go courts have rejected
A transgender woman was shot July 30 in her Northern Liberties apartment. According to police spokesperson Officer Christine O’Brien, police responded to a call at approximately 7:40 p.m. at the victim’s apartment on the 100 block of West Girard Avenue. The victim suffered a gunshot wound to the left side of her head. “The victim stated that somebody rang her doorbell and when she answered it, they forced her upstairs and then shot her once, causing her to black out,” O’Brien said. Other media outlets are reporting that the assailant also struck the woman with a pistol. O’Brien said the victim, age 27, was in critical condition Wednesday at Hahnemann University Hospital, but that it was a good sign she could speak to officers after she was found with a gunshot wound. The woman described her assailant to police as an unknown black male, 6-feet tall, with a thin build, a light complexion and light facial hair. Deputy Commissioner and police LGBT liaison Kevin Bethel said there seemed to be no connection between this incident and the unsolved murders of transgender women Kyra Cordova in 2012 and Stacey Blahnik in 2010. “At this point we have no indication that this is connected but we are looking. We are mindful of that and looking out, but so far there are no connections at this point. If there are any patterns, we trace that,” he said. Bethel said police had no motive behind the incident as of Wednesday and that it is not being investigated as a hate crime. “Unless we find the motivation behind this, we can’t investigate it as a hate crime and there is no hate-crime law in Pennsylvania but we will be looking at this closely,” he said. ■