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Kaiser Permanente Involuntary HIV Tests in Oregon and Washington

Kaiser Permanente Northwest has "apologized to nearly 6,500 members whose blood was tested for [HIV] without their knowledge or consent, an apparent violation of state law," reports The Oregonian.

The tests happened between April 11 and May 5 after Kaiser phased in screening in Oregon and Washington that eventually will be offered to people ages 15 to 65. Last year, in an effort to increase screening rates, the Oregon Legislature lessened the consent requirements for HIV tests, saying patients could be informed in writing, rather than verbally as previously required. The law requires a chance to opt out, and allows for people to sue if not given that chance.

David Fidanque of the ACLU of Oregon says the Kaiser misstep would never have happened if not for the new law. Now the notification and option to decline can be buried in screenings' fine print. "A lot of people are going to be upset when they are tested," he said. "Our fear is that there will be a backlash if medical providers don't talk to their patients before ordering this test."

Oregon experiences about 250 new HIV cases per year. More on the epidemic in Oregon from my September 2011 report for TheBody.com: "Targeting Prevention Services to Latino Youth MSM and Undocumented Workers in Oregon."

[Oregon's] HIV rate is very low -- about six-tenths of one percent -- and more than 78 percent of those cases are white, according to the Kaiser Family Foundation. But if you look closer, you see some familiar trends. Blacks are barely two percent of the population, but accounted for six percent of all HIV cases in 2009.

The Latino HIV/AIDS caseload is growing and the demographic is younger. Latinos account for about 12 percent of the state's population and also for about 12 percent of its HIV/AIDS caseload, according to Kaiser. Migrant workers, the undocumented, drug users and gay and bisexual men are disproportionately represented, too. Sixty-seven percent of all adult HIV cases in Oregon were transmitted by male-to-male sex.

More than 1.1 million people have been diagnosed as HIV positive in the United States since the first cases were reported in 1981. Nearly half have died from HIV/AIDS-related causes. There are currently about 50,000 new cases per year in the United States.

Boeing to Deny Pension Benefits to Married Same-Sex Couples

The Boeing Corporation has told union negotiators that it will "likely deny pension survivor benefits" to married same-sex couples in Washington despite the fact that voters overwhelmingly approved marriage equality, according to The Stranger.

Boeing has maintained that pension benefits are governed by the federal Employee Retirement Income Security Act and that it does not plan to voluntarily offer benefits to the partners of their gay and lesbian employees, union representative Ray Goforth told The Stranger.

Goforth explains that his union has long sought equal pension benefits for same-sex domestic partners, to no avail. But since voters approved same sex marriage—stablishing parity with married straight couples—Goforth re-framed the proposal to apply to his union's gay Boeing employees who wed.

"Their answer was that they had no intention of granting pension survivor benefits to legally married same-sex couples because they didn't have to," Goforth explains. Boeing representatives told him that pensions are governed by federal law, which doesn't recognize same-sex marriage, thereby trumping the state law on the matter. "We were profoundly disappointed to see that they would use a loophole to engage in institutionalized discrimination," Goforth says.

Section Three of the Defense of Marriage Act prevents the federal government from recognizing valid marriages of same-sex couples. It is anticipated that the Supreme Court will hear several key challenges to DOMA this term.

Boeing has issued a statement promising to undertake "a closer look at how R-74 might impact company policies once it takes effect in December."

The Chicago-based Boeing is the nation's largest aerospace/aviation manufacturer and one of the largest such companies in the world. The corporation has extensive production facilities in Washington and reportedly joined Microsoft and Nike in backing that state's "everything but marriage” expanded same-sex domestic partnership law in 2009. Boeing was applauded when it offered benefits to the domestic partners of salaried, nonunion employees a decade earlier, reports the Los Angeles Times.

Washington Gov. Gregoire Signs Marriage Equality Bill Into Law

PHOTO: Seattle Times

As promised, Washington Gov. Christine Gregoire signed marriage equality legislation recently enacted by the legislature.

"As governor for more than seven years, this is one of my proudest moments," said Gregoire. "Surely today is a proud day in the history of the Legislature and the state of Washington. It is a day historians will mark as a milestone for equal rights. ... I'm proud our same-sex couples will no longer be treated as separate but equal."

Opponents of equality are preparing to overturn the new law, reports KING 5.

The law takes effect June 7, but opponents are already mounting challenges on multiple fronts. Opponents planned to file a challenge Monday that could put the law on hold pending the outcome of a November vote. Separately, an initiative was filed at the beginning of the session that opponents of gay marriage say could lead to the new law being overturned. ..

As Gregoire signed the legislation, a man shouted "do not betray Christ!" However his voice was overwhelmed by gay-marriage supporters who cheered and spoke loudly during his outburst.

Washington has recognized valid out-of-state same-sex marriages since March 2011. The state has recognized domestic partnerships since 2007 and an "everything but marriage" law since 2009.

The Evergreen State would become the nation's seventh state to legalize marriage equality and would join Connecticut, Iowa, Massachusetts, New Hampshire, New York, Vermont and the District of Columbia.

Washington Prepares to Become the 7th State to Grant Marriage Equality

Beautiful news to end your day. Washington's Democratic-controlled legislature now has enough votes to legalize marriage equality.

As legislators held their first public hearings on the issue, a previously undecided Democratic senator announced her support. Sen. Mary Margaret Haugen's would cast the deciding 25th vote—and Washington is poised to become the seventh state to allow gay and lesbian couples to get married.

"I’ve had hundreds of very heartfelt, sincere letters," Haugen told KING 5 News. "I’ve had letters that are threatening and other letters that aren’t so pleasant, but I’m Christian, and I don’t believe it’s my right to judge other people. I really try to live by the Golden Rule, and I believe I’m following my faith at this point. It’s the right thing to do."

In her statement, Haugen adds:

To some degree, this is generational. Years ago I took exception to my parents' beliefs on certain social issues, and today my children take exception to some of mine. Times change, even if it makes us uncomfortable. I think we should all be uncomfortable sometime. None of us knows everything, and it's important to have our beliefs questioned. Only one being in this world is omniscient, and it's not me. ...

Not everyone will agree with my position. I understand and respect that. I also trust that people will remember that we need to respect each other's beliefs. All of us enjoy the benefits of being Americans, but none of us holds a monopoly on what it means to be an American. Ours is truly a big tent, and while the tent may grow and shrink according to the political winds of the day, it should never shrink when it comes to our rights as individuals.

Read the eloquent statement AFTER THE JUMP ....

"The state House is widely expected to have enough support to pass gay marriage, and Gov. Chris Gregoire publicly endorsed the proposal earlier this month," adds the AP. "If a marriage bill is passed during this legislative session, gay and lesbian couples will be able to get married starting in June unless opponents file a referendum to challenge it. Opponents have already said they will."

Washington has recognized valid out-of-state same-sex marriages since March 2011. The state has recognized domestic partnerships since 2007 and an "everything but marriage" law since 2009. The Evergreen State would become the nation's seventh state to legalize marriage equality and would join Connecticut, Iowa, Massachusetts, New Hampshire, New York, Vermont and the District of Columbia.

Read Sen. Haugen's statement AFTER THE JUMP ...

Washington State to Recognize Out-of-State Same Sex Marriages

Beautiful news to start your day from the West Coast. The Washington legislature has voted to recognize valid out-of-state same-sex marriages and same-sex unions from all jurisdictions, reports the Associated Press.

On a 28-19 vote, the Senate cleared the last hurdle for the bill.  Under the measure, gay marriages performed elsewhere would be recognized as domestic partnerships here, as well as domestic partnerships performed in other states.

Currently, five states, the District of Columbia and Canada allow same-sex marriages. Washington becomes the fourth state to approve a similar bill, following Rhode Island, New York and Maryland. The measure enjoyed wide support among Democrats. It passed the House 58-39, mostly on party-line votes.

A slight clarification: Maryland and New York recognize valid out-of-state same-sex marriages ... but as marriages. New York's law is a directive implemented by former Gov. David Paterson, Maryland's law is an opinion delivered by AG Douglas Gansler.

The bill now goes to the desk of Democratic Gov. Chris Gregoire, who has promised to sign it.

Maryland Gay Man Fatal Stabbed, Police Arrest Partner

Prince George's County (Maryland) police have arrested a Washington D.C. man in the brutal stabbing death of his partner, reports the Washington Post.

Edridge Slaughter, 42, of Northeast D.C., was charged with first-degree murder in the slaying of Christopher Alan Trueheart, 44, authorities said. The two were in a romantic relationship, and Slaughter stabbed and slashed Trueheart to death after a dispute, law enforcement sources said.

Police were first notified of the incident after Trueheart's sister went to check on her brother and found him fatally wounded inside his apartment in the 4400 block of 23rd Parkway Sunday afternoon, sources said. Officers arrived to find Trueheart dead on the scene, authorities said. Cpl. Henry Tippett, a Prince George's County police spokesman, said the incident stemmed from some type of "personal dispute," but he could not provide any further details.

Investigators found Slaughter Monday near Kentucky Avenue and Old Silver Hill Road in the District Heights area, authorities said. According to police charging documents, he had some of Trueheart's property and "provided a full confession."

Slaughter is being held without bond. A preliminary hearing is scheduled for March 14, reports the Gazette.

Christopher Alan Trueheart was employed by the United States Dept. of Agriculture. Friends of the deceased tell Rod 2.0 that he was popular, "outgoing", and active in the DC chapter of ADODI, a Black gay activist group.

Virtual tributes tributes can be left at his Facebook.

The Washington Post obituary published on Thursday is HERE.

WATCH: 5-Year-Old "Princess Boy" Dyson Kilodavis on "TODAY"

This is so inspirational. The Today Show ran a wonderful segment this morning about Dyson Kilodavis, the 5-year-old Seattle-area boy who likes to wear jewelry, gowns and balllerina ruffle dresses. Dyson calls himself the "Princess Boy" and his mother Cheryl Kilodavis self-published a book by the same name to encourage toleranmce and acceptance around gender identity.

"I dress like this because it makes me feel happy," Dyson told Today.

Dyson is fortunate to have such understanding parents. Adds MSNBC's The Grio: "[Experts say] the fact that the Kilodavis' are African-American called attention to the issue in the African-American community, which tends to be more conservative about the way they view gender roles. Mrs. Kilodavis says her own interaction with other African-Americans has been a mixed bag but she acknowledges, "In some parts of the African American community, gender identity issues are taboo."

 My Princess Boy was picked up by Simon & Schuster and is used as an anti-bullying tool in schools across the country. Watch the TODAY segment and a previous interview with the family WHEN YOU JUMP ...

DOJ to Appeal DADT Reinstatement of Lesbian USAF Maj. Magaret Witt

In late September, a federal court ordered the United States Air Force to reinstate retired Maj. Margaret Witt, a highly skilled and decorated flight nurse who was discharged under "Don't Ask, Don't Tell." Tonight, the Department of Justice has appealed that ruling, reports MetroWeekly.

In a brief filing in the U.S. District Court for the Western District of Washington, the U.S. Department of Justice filed the formal documents to announce that it plans to appeal the trial judge's order in Witt v. U.S. Department of the Air Force. On Sept. 24, U.S. District Court Ronald Leighton ruled that the Air Force's discharge of Major Margaret Witt under DADT violated her constitutional rights. He wrote: "[T]he Court concludes that DADT, when applied to Major Margaret Witt, does not further the government’s interest in promoting military readiness, unit morale and cohesion. ... Application of DADT therefore violates Major Witt’s substantive due process rights under the Fifth Amendment to the United States Constitution. She should be reinstated at the earliest possible moment."

Major Margaret Witt joined the Air Force in 1987, served in the Persian Gulf and received multiple decorations. The Air Force used her photo in recruitment materials for more than a decade. Witt was discharged in 2006 after her commanders discovered she was in a lesbian relationship with a civilian. The action "left her less than a year short of the 20-year service requirement" to obtain a full Air Force pension.

The Justice Department "did not seek a stay" of the lower court ruling, which suggests Maj. Witt could possibly serve during the appeal, reports the AP.

White House Press Secretary Robert Gibbs released this statement:

"Today, the Department of Justice filed a notice of appeal in a case involving a legal challenge to the Don’t Ask, Don’t Tell (DADT) policy, as the Department traditionally does when acts of Congress have been held unconstitutional," Gibbs wrote. "This filing in no way diminishes the President’s -- and his Administration’s -- firm commitment to achieving a legislative repeal of DADT this year. Indeed, it clearly shows why Congress must act to end this misguided policy. In recent weeks, the President and other Administration officials have been working with the Senate to move forward with the passage of the National Defense Authorization Act, including a repeal of DADT, during the lame duck."

Federal Judge Orders Air Force to Reinstate Lesbian Maj. Witt

Yet another win for equality. A federal judge in Tacoma, Washington has ordered the United States Air Force to reinstate retired Maj. Margaret Witt, a highly skilled and decorated flight nurse who was discharged under "Don't Ask, Don't Tell."

The Seattle Times:

"The ruling by U.S. District Court Judge Ronald Leighton marks the first time since Congress approved the policy in 1993 that a federal judge has ordered the military to allow an openly gay service member to serve in the armed forces. 'Good flight nurses are hard to find,' said Leighton, who found that the evidence presented at the trial showed Witt's reinstatement '... would not adversely affect unit morale or cohesion' in her unit. Witt, after the ruling said, 'I can't wait to just do my job. Go back to my unit and do what I'm supposed to do.'"

U.S. District Judge Ronald B. Leighton was appointed by the conservative Republican President George W. Bush in 2002.

Maj. Margaret Witt joined the Air Force in 1987, served in the Persian Gulf and received multiple decorations. The Air Force used her photo in recruitment materials for more than a decade. Witt received a medal from President George W. Bush, commending her "outstanding medical care" to injured troops, reports The Advocate.

In July 2004, the Air Force Force suspended Witt under "Don't Ask, Don't Tell" policy after her commanders discovered she was in a lesbian relationship with a civilian. Witt was discharged in 2006 and the action "left her less than a year short of the 20-year service requirement" to obtain a full Air Force pension. In 2008, Witt's legal challenge to the 9th U.S. Circuit Court of Appeals resulted in a significant ruling that said  the military should establish an important government interest in dismissing outed servicemembers.

Witt was represented by the ACLU. "We hope that they will just let this go because it’s clear, as the judge said, she’s a valued member of society," ACLU LGBT Project Director James Esseks told The Advocate. "The wounded soldiers she was helping didn’t care about her sexual orientation. If they do [appeal], I’m confident that this ruling will be affirmed by the appeals court."

The Witt decision marks this month's second federal court victory in the fight against "Don't Ask, Don't Tell." On September 9, U.S. District Court Judge Virginia A. Phillips ruled in the federal challenge brought by the Log Cabin Republicans and declared DADT is unconstitutional. The Obama Administration is expected to appeal.

PHOTO: Seattle's Space Needle Flies the Rainbow Flag for Pride

For the first time ever, the rainbow flag is hoisted above Seattle's iconic Space Needle.