Rockland County Family Court Judge Rachel E. Tanguay, ruling on a question of first impression under New York Law, decided that when a lesbian couple had children together and raised them together as a family for several years before splitting up, the co-parent was entitled to an Order of Filiation recognizing her parental status for all purposes. Judge Tanguay’s ruling in A.F. v. K.H., 2017 N.Y. Slip Op. 27196, 2017 WL 2541877 (Fam. Ct., Rockland … <Read More>
Legal Issues
Mass. High Court Gives OK to Non-Governmental Needle Exchange Programs
Giving a very close reading to Massachusetts statutes regulating the sale of hypodermic needles and authorizing the Public Health Department to set up needle exchange programs, the Massachusetts Supreme Judicial Court unanimously ruled on June 14 that there was no legal impediment to a private, non-profit group setting up a free needle-exchange program without the specific approval of local government authorities. The ruling came in response to an attempt by the Town of Barnstable to … <Read More>
NY Court of Appeals Rejects Constitutional Challenge to Adult Establishment Zoning Regulations in NYC
Bringing possible finality to a lawsuit that has been bouncing back and forth between the Supreme Court, the Appellate Division, and the Court of Appeals for the past fifteen years, the New York Court of Appeals ruled unanimously on June 6 that 2001 amendments to the City’s zoning ordinance governing “adult establishments” do not violate the constitutional rights of businesses that provide sexually explicit materials or activities. Judge Eugene M. Fahey wrote the opinion joined … <Read More>
Federal Court Dismisses Gay Ugandans’ Lawsuit Against Anti-Gay U.S. Minister
U.S. District Judge Michael A. Ponsor dismissed a lawsuit that the Center for Constitutional Rights (CCR) brought against Scott Lively, whom the judge described as “an American citizen who has aided and abetted a vicious and frightening campaign of repression against LGBTI persons in Uganda.” CCR is representing Sexual Minorities Uganda, an umbrella group for LGBTI organizations within that country. While excoriating Lively for his actions, the judge held that the Alien Tort Statute (ATS) … <Read More>
7th Circuit Says Federal Law Protects Transgender Students
A unanimous three-judge panel of the Chicago-based U.S. Court of Appeals for the 7th Circuit upheld a trial court’s preliminary injunction that requires a Wisconsin school district to allow Ashton Whitaker, a transgender boy, to use the boys’ restroom facilities at his high school during his senior year. Whitaker v. Kenosha Unified School District No. 1 Board of Education, 2017 U.S. App. LEXIS 9362, 2017 WL 2331751. Circuit Judge Ann Claire Williams wrote the … <Read More>
Same-Sex Marriage Looms for Taiwan after Constitutional Court Ruling
The Constitutional Court of the Republic of China (Taiwan) voted overwhelmingly that same-sex couples are entitled to marry, and that anti-gay discrimination violates the Republic’s Constitution. The May 24 ruling was greeted with relative equanimity by legislative leaders, who were ordered by the court to approve legislation to implement this decision by May 24, 2019. Otherwise, the court said, the decision would go into effect automatically, and same-sex couples would be entitled to marry. Only … <Read More>
Court Recognizes Gender Dysphoria Discrimination Claims under Americans With Disabilities Act
For the first time, a federal court has recognized that individuals suffering from gender dysphoria are entitled to protection against workplace discrimination under the Americans with Disabilities Act (ADA), a federal law that requires employers to reasonably accommodate employees’ disabilities. The May 18 ruling by U.S. District Judge Joseph F. Leeson, Jr., accepted an argument by attorneys for Kate Lynn Blatt, a transgender woman, that a provision in the ADA excluding protection for “gender identity … <Read More>
Kentucky Appeals Court Rejects Public Accommodations Discrimination Claim by Gay Organization
The Kentucky Court of Appeals split three ways in a May 12 ruling on a discrimination claim by the Lexington Gay and Lesbian Services Organization (GLSO), whose order for Pride Festival t-shirts was rejected by a local business called “Hands On Originals” (HOO) that specializes in producing customized t-shirts, mugs, pens and other accessories. Chief Judge Joy A. Kramer found that the denial of services did not constitute sexual orientation discrimination, while Judge Debra Hembree … <Read More>
West Virginia Supreme Court Sharply Split on State Hate Crimes Law Interpretation
A sharply-divided West Virginia Supreme Court of Appeals voted 3-2 on May 9 to reject the application of the state’s Hate Crimes Law to the criminal prosecution of Steward Butler, who reacted to two gay men kissing each other on a sidewalk in Huntington, West Virginia, in the early hours of April 5, 2015, by exiting his car and slugging both men in the face. State v. Butler, 2017 WL 1905948, 2017 W. Va. LEXIS … <Read More>
Sexual Orientation Discrimination Under Title VII in the 2nd Circuit: A Work in Progress
As the 2nd Circuit Court of Appeals ponders three petitions asking for en banc consideration of the question whether Title VII of the Civil Rights Act of 1964 can be interpreted to ban sexual orientation discrimination as a form of sex discrimination, a federal trial judge in Manhattan has ruled that “in light of the evolving state of the law,” it would be “imprudent” for the court to grant a motion to dismiss a … <Read More>