Judge refuses to dismiss gay softball lawsuit

Gay softball lawsuit set to go to trial

WASHINGTON – A lawsuit filed by three men who claim they were disqualified from the 2008 Gay Softball World Series near Seattle for not being gay enough is set to go to trial.

The men, Stephen Apilado, LaRon Charles and John Russ, all members of the team D5, were playing in the finals of the Gay World Series in 2008.

During the game, the manager of another team filed a protest under the rule that limits the number of non-gay players. The men said they were brought, one at a time, into a room containing as many as 25 people and questioned about their sexual preferences. The panel then cast ballots to determine whether the men were gay or not gay.

The North American Gay Amateur Athletic Association (NAGAAA), which sponsors the yearly event, has a rule that states only two heterosexuals may play on a team.

The men, who are bisexual, say the rule violates Washington’s anti-discrimination laws.

The Seattle Times reported that U.S. District Judge John Coughenour, ruling on motions brought by both sides in anticipation of a trial, refused to dismiss the case and found that NAGAAA, can keep its rule, but they must comply with the state’s anti-discrimination laws.

NAGAAA’s attorney Michael Reiss, said the organization would “vigorously dispute” the men’s version of what occurred in the protest meeting.

Suzanne Thomas, an attorney representing the three men praised the judge for finding the association is subject to the state anti-discrimination laws, and said she looked forward to trying the remainder of the case.

“No one should have to go through what they experienced,” she said.

The National Center for Lesbian Rights in San Francisco has backed the case on the basis that the rule discriminated against bisexuals by not including them in the definition of gay.

The case continues.

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