A panel of three judges of the U.S. Court of Appeals for the 10th Circuit in Denver heard oral arguments on Thursday, April 10, in Utah’s appeal of a December ruling by U.S. District Judge Robert Shelby that the state’s constitutional and statutory ban on same-sex marriages is unconstitutional. Because both Judge Shelby and a 10th Circuit panel had refused to stay that ruling pending appeal, more than 1,000 same-sex couples married in Utah before … <Read More>
NY Judge Rules That State Ban on Gestational Surrogacy is No Impediment for Second Parent Adoption
Ruling on a previously-undecided question under New York law, Queens County Family Court Judge Barbara Salinitro has decided that New York’s ban on surrogacy contracts does not present an impediment to her consideration of an adoption petition from the same-sex spouse of a man whose twins were conceived and born through a gestational surrogacy contract with a woman in India. The April 3 ruling in Matter of J.J., 2014 N.Y. Slip Op 24089, notes the … <Read More>
Marriage Equality Case Developments Come Hot and Heavy
As anticipation builds for the first federal appellate arguments on marriage equality since the Supreme Court’s decision last June striking down the Defense of Marriage Act’s anti-gay federal marriage definition, new developments in marriage equality litigation continue to pile up in various parts of the country.
On Thursday, April 10, a panel of three judges of the Denver-based U.S. Court of Appeals for the 10th Circuit will hear the state of Utah’s appeal of last … <Read More>
2nd Circuit Panel Rejects Constitutional Challenge to NYC School’s Exclusion of Religious Worship Services from School Buildings
Ruling in a long-running case that may not yet be at an end, a panel of the Manhattan-based U.S. Court of Appeals for the 2nd Circuit ruled on April 3 that the New York City Board of Education did not violate the First Amendment when it adopted a policy in 2007 providing that outside organizations and individuals may receive permits for use of school buildings outside of school hours but not if their purpose is … <Read More>
Is ENDA Necessary? Or Will Title VII of the Civil Rights Act of 1964 Take Care of LGBT Discrimination
One of the major legislative goals of the LGBT rights movement is to get Congress to pass the Employment Non-Discrimination Act (ENDA), a measure that has been pending in Congress in one form or another since 1996 (with predecessor “gay rights” bills having been introduced since the mid-1970s). ENDA would prohibit employment discrimination because of a person’s sexual orientation, gender identity or expression, but would prohibit only intentional discrimination, not employer practices that are neutral … <Read More>
Australia High Court: Not Everybody is Male or Female
Imagine a decision by the highest court of a country that begins by stating, “Not all human beings can be classified by sex as either male or female.” This is how the High Court of Australia beings its opinion in New South Wales Registrar v. Norrie, [2014] HCA 11, announced on April 2. According to the court, the New South Wales Births, Deaths and Marriages Registration Act of 1995 “expressly recognizes that a person’s sex … <Read More>
NY Judge Orders City to Pay for Transgender Youth’s Surgery
New York State Supreme Court Justice Peter H. Moulton has ordered New York City’s Administration for Children’s Services (ACS) to pay for gender reassignment procedures, including surgery, for a 20-year-old transgender girl who is still in the foster care system. Moulton’s March 21 order was reported in the New York Law Journal on March 31. A deputy commissioner had denied the application for treatment for these procedures, which are not covered under New York State’s … <Read More>
Bush Appointees Split Over Stay of Michigan Marriage Ruling
A panel of three federal judges, all appointed by George W. Bush, were split 2-1 about issuing a stay of the U.S. District Court’s ruling that Michigan must allow same-sex couples to marry. Circuit Judge John M. Rogers and Kentucky Chief District Judge Karen Caldwell voted to grant the state’s motion for a stay, while Circuit Judge Helene White dissented.
The approach of the majority seemed to be “Ours is not to reason why,” as … <Read More>
State Court Affirms Model’s Right to Sue for Unauthorized Use of Her Photo in an AIDS Public Service Advertisement
New York Supreme Court Justice Anil C. Singh rejected a motion by an “image distributor” to dismiss a model’s lawsuit seeking compensatory and punitive damages for the unauthorized publication of her picture in a public service advertisement placed in print media by the New York State Division of Human Rights to inform people living with HIV about legal protection from discrimination. The March 6 ruling was published in The New York Law Journal on March … <Read More>
Federal Judge Rejects Delay in Wisconsin Marriage Equality Case
U.S. District Judge Barbara B. Crabb has rejected an attempt by Wisconsin officials to delay the marriage equality case pending before her. Ruling on March 24, Judge Crabb confirmed a schedule established by Magistrate Judge Stephen Crocker to complete briefing in the case by the end of May 2014, with arguments on a motion for summary judgment expected soon after. “Abstaining or staying the case would serve no purpose but to delay the case,” wrote … <Read More>