Gay sex ruling: HC judge accused of judicial impropriety in India
NEW DELHI: A Supreme Court advocate has raised the issue of “judicial impropriety” on the part of Justice S Murlidhar, who had sat on the bench that delivered the judgment in the ‘gay sex’ case.
In two separate letters written to the Chief Justice of the Delhi High Court Justice A P Shah and Members of Parliament, the advocate Janak Raj Jai contended that Justice Murlidhar had himself filed a writ petition in 1994 as a lawyer in the high court seeking quashing of Section 377 of the IPC.
When contacted, Justice Murlidhar’s secretary said the judge was aware of the letter (of the advocate) but had no comments to make.
Jai said Justice Murlidhar had appeared as intervenor in the original writ petition on behalf of an organisation “AIDS Bedhav Virodhi Andolan.”
“Propriety demands that a judge who had been an advocate in a similar case, should not have heard the present petition (Naz Foundation) challenging parts of Section 377 IPC,” the letter, written by Jai to the Chief Justice three days before the judgment was delivered, stated.
In his letter, Jai had sought deferring of the judgment and pleaded that the matter be posted before another bench. See Gay sex ruling: HC judge accused of judicial impropriety
Times of India
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Congressional Race in California Draws a High-Profile Cast
WALNUT CREEK, Calif. — With competitive races in Congress a rarity in California, the unexpected availability of a seat here has set off a sudden and furious chase, with at least a dozen candidates and a mélange of political styles and personal storylines.
California’s 10th Congressional District, a sprawling inkblot made up of a collection of suburbs east of San Francisco, has been represented since 1997 by Ellen O. Tauscher, a Democrat who resigned after being confirmed on June 25 to a top post in the State Department.
The field to succeed her includes the lieutenant governor, two state lawmakers, a decorated Iraqi war veteran who is openly gay and a former newspaper reporter. And that does not even include the Republican candidates in this Democratic-leaning district.
The crush of hopefuls, said Henry Brady, a professor and dean of the public policy school at University of California, Berkeley, might stem in part from the diversity of the district, which extends from the liberal Bay Area to more conservative territory inland.
“These seats don’t come available very much, and the reason is very simple: geography,” Dr. Brady said. “The Democrats are primarily on the coast, and the Republicans are in the Central Valley and the mountains, so it’s very hard to build a competitive district. But this has the potential to be one.”
The lieutenant governor, John Garamendi, is considered the early favorite to replace Ms. Tauscher. Mr. Garamendi, a Democrat who had considered running for governor next year, said he opted instead for Congress in large part because of the abbreviated campaign. A primary, followed by a special election, to complete Ms. Tauscher’s term must be held within 126 days of the governor setting the date. Gov. Arnold Schwarzenegger issued a proclamation Friday declaring Nov. 3 the date for the special election.
“I thought, How am I going to spend two valuable years of my life?” said Mr. Garamendi, 64, who previously served as the deputy secretary of interior in the Clinton administration as well as the California’s first elected insurance commissioner. “Am I going spend two years dialing for dollars, or am I going to spend four months out ringing doorbells and campaigning person to person and the other 20 months working on issues?”
Mr. Garamendi’s principal challengers among the Democrats, some polls show, are State Senator Mark James DeSaulnier and Assemblywoman Joan Buchanan. Both were elected to their current posts last fall.
Mr. DeSaulnier, 57, is a former mayor, city councilman and assemblyman, who says his career comes in spite a devastating personal experience with politics: a scandal involving his father, Judge Edward J. DeSaulnier Jr., who was removed from the bench of the Massachusetts Superior Court and disbarred in 1972 after being accused of rigging a sentence for the Mafia. The older Mr. DeSaulnier was never charged with a crime but was disgraced nonetheless and committed suicide in 1989.
“I’ve been very affected by my father’s journey,” said Mr. DeSaulnier, who worked as a restaurateur before running for office. “And I’ve loved my public life.”
The rest of the Democratic field is not as well known, though one candidate has attracted some national attention: Anthony Woods, a 28-year-old graduate of the United States Military Academy at West Point and a veteran of the Iraq war who was awarded the Bronze Star for two tours of duty. Shortly after his return from combat, while at Harvard working toward his master’s degree, Captain Woods told military superiors that he is gay, resulting in an honorable discharge.
While considered a long shot for the Congressional seat, Mr. Woods would be the first openly gay black man in Congress, though he has been careful on the campaign trail to trumpet more than his sexuality.
“The first thing I talk to voters about is their priorities, universal health care and economic security,” he said. “I’m not hiding who I am, but they’re just as interested in talking about the issues as I am.”
See Congressional Race in California Draws a High-Profile Cast
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Sask. appeal court asked whether commissioners can opt out of same-sex marriages
REGINA — The Saskatchewan government wants the province’s highest court to weigh in on proposed legislation that would allow marriage commissioners to not perform same-sex marriages if it is contrary to their religious beliefs.
Justice Minister Don Morgan said Friday that the government is referring legislative options to the Court of Appeal for its opinion on whether the proposals meet the requirements of the Charter of Rights.
“We’ve given the Court of Appeal two suggested options: one that we grandfather the existing marriage commissioners that are reluctant or refusing to perform a same-sex marriage, and the other one would be to create a religious exemption for those and for future marriage commissioners,” he said.
“It would require us to have two pools of marriage commissioners. One that would be willing to perform the same-sex marriage and one that would not.”
Whether officials can refuse to marry same-sex couples is the subject of a lawsuit and a complaint before the Saskatchewan Human Rights Tribunal - both of which are being heard by Saskatchewan Court of Queen’s Bench.
The complaint arose in 2005 when marriage commissioner Orville Nichols, a devout Baptist, told a gay couple he wouldn’t marry them because it went against his religious beliefs.
See Sask. appeal court asked whether commissioners can opt out of same … The Canadian Press
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In UK politics, It’s Gay Gordon versus Camp David
GORDON Brown and David Cameron were last night locked in a bizarre and bitter battle for the GAY vote.
The PM and Conservative leader are desperate to win over the UK’s three million pink voters.
Two Cabinet ministers sprang into action to accuse the Tories of being anti-gay after new figures showed a rise in the number of gays planning to vote Tory.
Openly-gay Ben Bradshaw and Chris Bryant warned homosexuals and lesbians the Tories once persecuted them.
Culture Secretary Mr Bradshaw told the BBC: “A deep strain of homophobia still exists on the Conservative benches.” And Foreign Office minister Chris Bryant said: “If gays vote Tory they will rue the day very soon.”
See It’s Gay Gordon versus Camp David
The Sun
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Minister in Tory homophobia claim BBC News
Culture Secretary Ben Bradshaw has said “a deep strain of homophobia still exists on the Conservative benches”.
Mr Bradshaw, one of three gay men currently in the cabinet, made the comments as a new poll suggested more gay people were turning to the Tories.
Chris Bryant, another gay minister, said: “If gays vote Tory they will rue the day very soon.”
But Tory frontbencher Alan Duncan said the two men’s comments showed Labour was “actually the nasty party”.
Being seen to be more “gay friendly” has been a key part of David Cameron’s mission to decontaminate the Conservative Party brand and make it more acceptable to young, socially liberal voters.
See Minister in Tory homophobia claim BBC News
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Delhi HC verdict on panel provision of gay sex likely Toda
See
New Delhi: The Delhi High Court is likely to pronounce its verdict tomorrow on the controversial penal provision on homosexuality even as the government is grappling with the option to scrap it from the statute.
A bench of Chief Justice A P Shah and Justice S Muralidhar had reserved its order on November 7 last year after marathon proceedings in which the government had vociferously opposed scrapping of section 377 of the Indian Penal Code which prescribes punishment upto life imprisonment for indulging in unnatural sexual acts.
Before the judgement was reserved, the Ministries concerned with the issue in the previous UPA government had unanimously described homosexuality as “the most indecent behaviour” in society.
The Centre had submitted that gay sex is immoral and reflection of a perverse mind and its decriminalisation would lead to moral degradation of society.
“Every citizen has the right to lead a decent and moral life in society and the right would be violated if such behaviour (gay sex) is legalised in the country,” the government had contended adding allowing gay sex would pose a health hazard to society.
The Centre had said that homosexuals comprise only 0.3 per cent of the population and the right of rest 99.7 per cent of the population to lead a decent and moral life in society would be violated if such behaviour (gay sex) is legalised. See Delhi HC verdict on panel provision of gay sex likely tomorrow
SamayLive
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LA Times Editorial: A court battle California doesn’t need
The Supreme Court’s ruling last week in the case of a grandiosely unethical West Virginia justice opened a new field of constitutional review — the high court may now consider when an elected state court jurist has been so tainted by politics that due process requires him to recuse himself from a case.
In West Virginia, a coal executive spent more than $3 million to unseat a sitting state Supreme Court justice; it was money well spent, as the justice was defeated by voters and replaced by Brent Benjamin. Benjamin then did what was expected of him and cast a deciding vote in overturning a $50-million jury award against the executive’s coal company.
Indeed, California has wrestled with this problem before — and quite possibly could again.
California’s system for selecting Supreme Court justices is much better than West Virginia’s. Candidates for the court here are nominated by the governor, confirmed by a state commission and then placed on the bench. They must periodically stand for retention, but they are not, as they are in West Virginia, subject to direct challenge by rival candidates. A retention election can cost a justice his or her seat, but it does not let voters kick out one justice and install their own replacement.
California’s rules have helped balance the judiciary’s independence with the public’s fair insistence on accountability, but even this state’s reasonable retention process has been subject to tilt. Most notable was the 1986 retention election that removed Chief Justice Rose Bird and two associate justices, Cruz Reynoso and Joseph Grodin. Much reflection has gone into that race in the decades since, and opinions differ on its merits. Two truths, however, stand the test of deep inquiry: The forces arrayed against Bird were not motivated solely by her opposition to the death penalty — that was cover for a second complaint, which was her defense of consumer rights against corporate power — and Reynoso and Grodin were victims of a special-interest crusade against a vulnerable chief.
Would that we could relegate that episode to California’s history. In fact, the state rumbles with discontent over its high court and chief, and those stirrings contain alarming echoes of the battle of 1986.
At issue are the court’s rulings on same-sex marriage and Proposition 8, and its chief justice, Ronald M. George. In May 2008, the court overturned the state’s ban on gay marriage, striking a victory for civil rights in the grandest tradition of constitutional protection of minorities. A few months later, after voters approved Proposition 8 and amended the state Constitution to ban the same institution that the court had upheld, George and his colleagues upheld the amendment. Both times, George wrote for the majority. He thus angered opponents of gay marriage in 2008 and supporters of it in 2009.
By California’s rules, George faces a retention election in 2010, and some predict that he could face challenges from either side — or even both — in this polarizing debate.
That would be a shame for the state’s judiciary, an unfortunate attack on judicial independence and an unfair castigation of one of this state’s most principled and admirable public officials. In the gay-marriage cases, George’s votes demonstrated conscience, professionalismand restraint. He voted to uphold same-sex unions out of the strong conviction — which this page shares — that the Constitution does not allow society to deny the protection of marriage to gay couples any more than it once denied it to those united across race. The ruling was right on the law, and will certainly be validated over the long march of history.
Months later, voters tacked in the other direction, narrowly rejecting gay marriage and amending the Constitution to allow California to recognize only the unions of heterosexual couples. That was challenged, naturally, and the lawsuit offered the court the opportunity to extend its earlier ruling, though on shaky constitutional grounds — advocates for same-sex marriage argued that Proposition 8 was such an affront to the rights of Californians that it revised the Constitution rather than merely amending it. Scholars split on the merits of that argument, and although the strong consensus of legal opinion rejectedit, an opportunistic justice might have seized the chance to solidify his legacy.
Instead, George subordinated his politics — as evidenced by his writing — to the weight of constitutional opinion. He voted to uphold the proposition, even though it undid his own work. Permitted latitude within the strictures of the Constitution in the first case, George was able to vote his conscience; bound by the Constitution in the second case, he yielded.
Such is the lot of a principled judicial officer, but those concerned only with results already have signaled their unhappiness with George. The moneyed interests that supported Proposition 8 last fall are considering whether to finance a campaign against George next year. Supporters of gay marriage, who championed his heroism in 2008, were bitterly disappointed when the court upheld the hateful initiative.
This is not West Virginia. Corporate interests are not knocking off justices who disagree with them and seating more accommodating replacements. But intimidation has no place in our judicial life any more than it does in Appalachia. The 1986 campaign against Bird and her colleagues now stands for many as a reminder that well-intentioned systems of accountability may be hijacked by special interests, a lesson learned too often and at great cost in California. It was misguided in its first iteration; it would be regrettable in its second.
See A court battle California doesn’t need
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Gay Israelis prepare for their big day
There is an old joke around these parts. Question: Other than Jerusalem, what do ultra-religious Jews, Muslims and Christians love? Answer: They love to hate homosexuals.
But travel the 60km (40 miles) from Jerusalem to Tel Aviv, and you enter a world apart. Major streets are decked with the multi-coloured Gay Pride banner.
In this centenary year of the city, this is now Gay Pride month. On Friday, in Meir Dizengoff park, tens of thousands of people are expected to attend the annual Gay Pride parade which will end, this year, with a twist.
Four couples will take part in what is being called Israel’s first, public, gay wedding ceremony.
Tal Dekel and Itay Gourevitch, are sitting, wedged happily next to each other, on a park bench. Tal is a fashion designer, Itay a website editor. Both are 33. They have been together for eight years, since the night they met in a club.
Two weeks ago, they decided to get married. “It’s a chance to have our own rights: to have a quiet corner with our family, just like everyone else,” says Tal.
Itay says that things have improved for gay and lesbian Israelis. He can now, at least in Tel Aviv, walk down the street, arm in arm with his partner. “Fifteen years ago, I would have been beaten up.”
But there is still discrimination, he says. “As a gay couple, we can’t get a loan to buy a house together. We don’t have the right to adopt a child: we’d have to go abroad to do that. But we have all the obligations: we have to pay all the taxes.”
See Gay Israelis prepare for their big day BBC News
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Needs of gay, transgender patients not adequately addressed
The healthcare industry is not adequately addressing the needs of gay, lesbian, bisexual and transgender patients, says an annual report from the Human Rights Campaign Foundation and the Gay and Lesbian Medical Association. Released for the third year in a row, the Healthcare Equality Index is a national report that sets benchmarks and highlights best practices and healthcare facility policies for lesbian, gay, bisexual and transgender Americans.
Based on responses to an online survey conducted from October through December 2008, the report addressed patient non-discrimination and visitation policies, cultural-competency training, recognition of legal documents between same-sex partners, and the protection of lesbian, gay, bisexual and transgender employees through fair employment policies. Responses came from 93 hospitals and 73 clinics across the country. See
Needs of gay, transgender patients not adequately addressed …
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Obama begins to reshape bench
(Washington) President Barack Obama nominated a moderate Indiana judge Tuesday to serve on a Midwestern federal appeals court, his first step toward reshaping the federal judiciary and preparing for a possible Supreme Court opening.
The White House chose U.S. District Judge David Hamilton of Indiana for the Chicago-based 7th U.S. Circuit …
Tags: barack obama, Bench, David Hamilton, District Judge David, Federal Appeals Court, Federal Judiciary, Indiana Judge, Supreme Court, Washington President, White House
