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January 6, 2009

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Cecilia Burke, a member of the Juvenile Welfare Board of Pinellas County, Fla., charged in a memo to other board members that PFLAG and GLSEN “endorse unhealthy sexual practices among youth, including sex between underage youth and adults.” (AP Photo/St. Petersburg Times, James Borchuck)

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PHIL LaPADULA
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PFLAG, GLSEN may sue welfare official over comments
In memo to board, Burke said groups support ‘sex between underage youths and adults’

By PHIL LaPADULA
MAR. 11, 2005
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Two national gay groups may sue a member of the Juvenile Welfare Board of Pinellas County, Fla., for defamation and libel in response to a memo in which she accused the gay groups of promoting sex between underage youths and adults.

On Feb. 7, Juvenile Welfare Board member Cecilia Burke sent a memo to fellow board members in which she stated that the Gay, Lesbian & Straight Education Network and Parents & Friends of Lesbians & Gays “endorse unhealthy sexual practices among youth, including sex between underage youth and adults.”

In the memo, Burke stated that PFLAG and GLSEN “should not be endorsed by JWB” in light of the board’s “goal of sexual responsibility.”

She criticized a committee of JWB for referring children and families to PFLAG and GLSEN instead of considering “reparative therapy” for gay youth.

‘Spurious allegations’

“It’s completely absurd and untrue to say that either PFLAG or GLSEN advocates sex between minors and adults,” said Karen Doering, an attorney with the National Center for Lesbian Rights, who is representing PFLAG and GLSEN.

“These organizations are fundamentally about protecting children and helping families love and accept their children. [For Burke] to make these kinds of spurious allegations is really outrageous.”

Doering said Burke’s comments are defamatory and libelous because she made a false statement that accused the groups of promoting illegal activity.

“She’s entitled to her opinion, but she’s not permitted to make untrue, defamatory remarks,” Doering said.


No apology
Doering sent a letter to the JWB and Burke demanding that she retract the statement and apologize in person at the next JWB meeting, which was held Thursday, March 10.

But at the meeting, Burke did not apologize for her comments and none of the other board members spoke out against her statement, said Doering, who attended the meeting.

“We’ve taken the first step [toward a lawsuit],” said Doering, explaining that Florida law requires potential plaintiffs in a defamation suit to write a letter demanding that a false statement be retracted before filing suit.


‘Absolute privilege’
Burke did not return two phone calls seeking comment.

But Terry A. Smiljanich, the lawyer for the Juvenile Welfare Board, sent a letter to Doering stating that Burke is “protected by an absolute privilege” because she is a member of a governmental body.

Kathy Helmuth, spokesperson for the Juvenile Welfare Board of Pinellas County, said Burke’s remarks about PFLAG and GLSEN “are her opinion.”

“It’s not necessarily reflective of other board members’ opinions or the board as a whole,” Helmuth said.


PFLAG mother outraged

Kathy Miller, president of PFLAG Pinellas County, was so outraged by Burke’s remarks that she wrote a letter, which was published this week in the St. Petersburg Times.

“We’re not going to let people get away with slandering gay people and PFLAG,” Miller said. “There are no facts to support what she said. Our meetings aren’t about sexual activity. They’re about support, education and advocacy.”

Miller, who has five children, said she found out about PFLAG when her son, Mark, came out to her in 1997. Mark was 16.

Miller said she went through “a two-week period of crying about it” because she didn’t want her son to be subjected to anti-gay harassment and verbal abuse.

“Then I got angry about it when I heard people make gay jokes,” she said. She decided to join PFLAG on her son’s 17th birthday.

“Now if I’m in a restaurant and I hear a gay joke, I’ll call them on it,” she said.

Miller said her son, who was going through a very difficult period before he came out to her, is now 24 years old and well adjusted. He is currently attending law school at Rutgers University.






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