On September 18 a three-judge panel of the 9th Circuit Court of Appeals heard oral argument in Smithkline Beecham Company v. Abbott Laboratories, an anti-trust case concerning the pricing of an HIV drug for which Abbott holds the patent. (An audio recording of the argument is available on the 9th Circuit’s website.) During jury selection at the trial, it appeared that counsel for Abbott used a peremptory challenge to eliminate a potential juror who is … <Read More>
Ethan Coen’s “Women or Nothing” at Atlantic Theater Company in NYC – warning plot spoilers!
Warning: Plot Spoilers!
Ethan Coen’s new play, “Women or Nothing,” has a limited run at Atlantic Theater Company’s West 20th Street theater space in NYC’s Chelsea neighborhood. I attended the September 18 evening performance. The play officially opened a few days earlier. Maybe I was a bit prejudiced by having read the NY Times review, but then again I didn’t agree with everything that critic said.
The show raises ethical/moral issues about an interesting situation: … <Read More>
Historic Intersex/DSD Lawsuit Survives Dismissal Motion
What may turn into the first major United States legal precedent on the constitutional due process rights of persons born with “disorder of sexual development” (DSD) has survived an initial hurdle of a motion to dismiss. In an as-yet unpublished written opinion issued on August 29 (and brought to my attention by an op-ed by Riki Wilchins posted on the Advocate.com website today, September 18), U.S. District Judge David C. Norton (D. South Carolina) denied … <Read More>
Another Circuit Court Rules against Free Exercise of Religion Claim by a Business Corporation
A third federal circuit court of appeals has weighed in on the question whether for-profit business corporations have a right under the 1st Amendment to free exercise of religion, and thus to claim a religious exemption from compliance with a valid general law. As in Hobby Lobby Stores, Inc. v. Sebelius, 2013 WL 3216103 (10th Cir., June 27, 2013), and Conestoga Wood Specialties Corp. v. Sec’y of U.S. Dep’t of Health & Human Servs
A Minimalist Monteverdi Production for the 21st Century: Opera Omnia’s “The Return of Ulysses”
Last week Opera Omnia, a tiny company that is the brainchild of Baroque opera enthusiast Wesley Chinn, presented its third production in New York, Claudio Monteverdi’s “The Return of Ulysses,” at the Baryshnikov Arts Center. I attended the final performance on Thursday, September 12. I was particularly drawn to attend this because one of my favorite musicians, baritone Jesse Blumberg, was singing the role of Ulysses. But I was also intrigued to see what Opera … <Read More>
Federal Court Affirms $4.5 Million Damage Award Against Andrew Shirvell
United States District Judge Arthur J. Tarnow has affirmed a jury verdict of $4.5 million against Andrew Shirvell on September 11. Shirvell is the homophobic former Michigan assistant attorney general who the jury found committed various wrongful acts against Christopher Armstrong, a gay man who was at the time the newly-elected student body president at the University of Michigan. Judge Tarnow denied Shirvell’s motions for judgment as a matter of law, for a new trial, … <Read More>
NewFest: The NY LGBT Film Festival for 2013
Three groups came together this year for a consolidated LGBT film festival in New York City: Newfest, Outfest, and Film Society of Lincoln Center, which played host in its Walter Reade Theatre, a classy location but unfortunately not providing as many seats as a large commercial theater might have done. I add this caveat because by the time I got around to obtaining tickets, many of the shows I wanted to see were already sold … <Read More>
Marriage Equality Efforts Chugging Along Nicely
The lack of any big LGBT court decision over the past week or so, together with the beginning of the Jewish High Holy Days, explains why I haven’t posted anything on this blog since August. But things have definitely not been standing still in the ongoing marriage equality campaign.
The biggest deal has probably been the gradual rolling out of federal constitutional recognition for same-sex marriages in the wake of U.S. v. Windsor, the June … <Read More>
9th Circuit Rejects Constitutional Challenge to California Ban on Conversion Therapy for Minors
California Senate Bill 1172, which bans state-licensed mental health providers from conducting “sexual orientation change efforts” (SOCE), commonly known as “conversion therapy,” on patients who are under age 18, was scheduled to go into effect on January 1, 2013, but two lawsuits challenging its constitutionality, mainly on First Amendment free speech grounds, were filed by practitioners and others, leading to conflicting rulings on motions for preliminary relief. On August 29, a 9th Circuit panel, ruling
… <Read More> 7th Circuit Remands Gay Mexican’s Withholding of Removal Claim to BIA
A panel of the U.S. Court of Appeals for the 7th Circuit has granted a petition for review of the Board of Immigration Appeals’ (BIA) decision to deny withholding of removal to a gay, HIV-positive man from Mexico, finding that the BIA had failed to comply with a regulation governing review of Immigration Judge (IJ) decisions by engaging in de novo review of facts decided by the IJ. Rosiles-Camerana v. Holder, 2013 U.S. App.
… <Read More>