Judge postpones decision on Tobits case
A federal judge considering the case of Jennifer Tobits — a lesbian who’s seeking the death benefits of her deceased spouse — recently suspended the case indefinitely, pending the outcome of other relevant cases.
U.S. District Judge C. Darnell Jones 2nd declined to comment on his Sept. 25 order but he’s presumably waiting for the U.S. Supreme Court to rule on the constitutionality of the Defense of Marriage Act, the law that prevents federal recognition of same-sex marriage.
The high court isn’t expected to rule on the constitutionality of DOMA until June 2013, at the earliest.
Tobits married Sarah Ellyn Farley in Canada in 2006, and Farley died four years later.
Tobits is seeking a lump-sum death benefit of about $41,000 from the law firm Cozen O’Connor, where Farley was employed as an attorney but Farley’s parents contend they should receive the money.
Cozen holds the position that DOMA disqualifies the Tobits-Farley marriage as a legal marriage for purposes of its benefits plan.
However, the U.S. Department of Justice has filed legal papers in the case, stating that DOMA is unconstitutional.
Tobits and Farley lived in Illinois, but Cozen is headquartered in Philadelphia, prompting the local suit.
Last month, attorneys for the Farleys filed a brief citing a ruling in Hawaii upholding that state’s marriage-equality ban.
But attorneys for Tobits filed briefs stating that marriage laws in other jurisdictions don’t affect Tobits’ right to receive benefits under Cozen’s plan.
The briefs also cite judicial rulings in other cases that declared sections of DOMA to be unconstitutional.
Christopher F. Stoll, an attorney for Tobits, expressed optimism that Tobits will receive the benefits.
“We clearly think there’s nothing to prevent the court from ordering the money paid to Jennifer now, because DOMA doesn’t prevent Cozen from paying Jennifer benefits under the plan,” Stoll told PGN. “If the Supreme Court strikes down DOMA, that just makes it easier for the court to conclude there’s no reason Jennifer shouldn’t receive the money.”
Randall L. Wenger, an attorney for Farley’s parents, was pleased that the case has been placed on hold.
“While we would like the matter to be resolved promptly, we are grateful that the federal and state marriage laws will not be put in jeopardy prior to the Supreme Court having the opportunity to rule on these issues,” Wenger told PGN.
Trial set for alleged assault of gay inmate
Kevin Vincent Hannig, a federal inmate who stands accused of assaulting an openly gay inmate last year, is scheduled to go on trial next month.
Hannig is charged with causing serious bodily harm to Kenneth J. Houck Jr., and aiding and abetting the attack on Houck.
Jury selection is scheduled to begin 10 a.m. Nov. 19 in Courtroom 14B of the U.S. Courthouse, 601 Market St.
Hannig, 35, faces up to 10 years in federal lock-up if convicted.
He remains incarcerated at the Federal Detention Center in Philadelphia, pending the outcome of his trial.
W. Chris Montoya, an attorney for Hannig, had no comment for this story.
Assistant U.S. Attorney Neuman Leverett 3d, who’s prosecuting Hannig, declined to comment.
On Nov. 10, Houck was reading a gay novel inside his cell at the Federal Detention Center in Philadelphia when Hannig and another male allegedly pulled Houck by his legs from the top bunk bed, then stomped on him and beat him with a chair. The tibia and fibula bones in Houck’s right leg were fractured during the incident, requiring the installation of a metal rod from ankle to knee for stabilization.
Houck has undergone several surgical procedures in an effort to avoid amputation of his leg.
At the time of his assault, Houck was awaiting sentencing after pleading guilty to one count of transporting child pornography.
In February, U.S. District Judge Gregory M. Sleet sentenced Houck to 97 months in prison, to be followed by five years of supervised release.
Houck’s projected release date is March 3, 2018, if he doesn’t commit any infractions while in custody.
Schneller renews challenge to Conshy ordinance
Anti-LGBT activist James D. Schneller is seeking to reopen his legal challenge of an LGBT-inclusive civil-rights ordinance in Conshohocken.
For more than a year, Schneller has embroiled the borough in litigation over the ordinance, which the borough council enacted in April 2011.
On Aug. 28, Schneller withdrew his legal challenge without explanation. But, on Sept. 27, he filed a motion in Montgomery County Common Pleas Court requesting that the case be reopened.
The motion adds new allegations that borough officials discriminated against Schneller on the basis of his religious creed and ancestry when enacting the ordinance. Schneller’s religious creed is Christianity, and his ancestry is Judeo-Christian, according to his motion.
Schneller is co-founder of Philadelphia Metro Task Force, an anti-LGBT group with about 75 members representing about 20 municipalities in the state.
Meanwhile, Conshohocken officials continue to seek about $18,000 in legal fees and costs from Schneller due to his legal challenge of the ordinance.
Michael J. Savona, the borough solicitor, called Schneller’s latest motion “misguided, pointless and completely meritless.”
Savona said he plans to ask the court to impose sanctions against Schneller for allegedly filing frivolous motions.
“Schneller is digging a hole deeper and deeper every time he goes back into court with some ridiculous motion,” Savona told PGN. “He should withdraw the [Sept. 27] motion, and stop wasting people’s time and money.” — Tim Cwiek
Screening of abuse film
The Philadelphia Children’s Alliance next week will co-host a free screening of “Boys and Men Healing,” a documentary about three male survivors of child sexual abuse.
The screening will be held from 6:30-8:30 p.m. Oct. 10 at the Free Library of Philadelphia Central Branch, 1901 Vine St. The screening will be followed by a panel discussion.
To RSVP, email [email protected].
Elements marks fourth conference
Elements, a nonprofit organization uniting LGBTQ womyn of color, will host its annual free conference next weekend.
“Flowing Further” will be held at the Denim Loft PA, 1602 N. Second St., Oct. 12; and the William Way LGBT Community Center, 1315 Spruce St., Oct. 13 and 14. The conference will start with a happy hour and film screening Friday and will include a Pleasure Principles playshop and dance party.
Saturday will feature brunch followed by a film screening and workshops on issues facing the LGBTQ womyn of color community. The conference will conclude Sunday with an address from keynote speaker Elicia Gonzales, executive director of Gay and Lesbian Latino AIDS Education Initiative. For more information or to register for the event, visit www.ourelements.org.
Coach pleads guilty
Former Archdiocesan baseball coach Louis Spadaccini pleaded guilty to sexual-assault charges last week.
Spadaccini, 38, pleaded guilty Sept. 26 to several counts of involuntary deviate sexual intercourse, endangering the welfare of a child, corruption of minors, indecent assault and furnishing alcohol to minors, stemming from incidents with two boys, ages 13 and 14.
Spadaccini agreed to a negotiated sentence of 12-24 months in prison, which will then be followed by five years probation and a lifetime Megan’s Law registration. Spadaccini will officially be sentenced next year and is currently being held without bail.
Spadaccini coached at Neuman-Goretti High School.
— Angela Thomas
Highlighting the LGBT community
William Way LGBT Community Center, a featured partner of the city’s new Open Air program, is collecting messages from supporters for inclusion in the interactive public-arts project. The initiative, sponsored by the Association for Public Art, utilizes two-dozen searchlights to stage a nightly three-dimensional light show above the Benjamin Franklin Parkway through Oct. 14.
The center will be the featured group Oct. 11, National Coming Out Day. Community members can submit a brief statement — that could be read in under 30 seconds — about the importance of “safe spaces.” Submissions are due by midnight Oct. 7, and the center will select the top submissions by Oct. 9. Winners will read their statements at 8 p.m. Oct. 11 at the Project Information Center at Eakin’s Oval.
For more information or to submit, visit www.formstack.com/forms/?1282980-lJnxdcPwpe.
— Jen Colletta