Court allows release of domestic partner petitions
(Seattle) Washington’s secretary of state can release the names and addresses of people who signed petitions calling for a public vote on the state’s expanded benefits for domestic partners, a federal appeals court said Thursday.
A panel of the 9th U.S. Circuit Court of Appeals reversed a previous decision by U.S. …
Tags: Circuit Court Of Appeals, Court Of Appeals, Domestic Partner, Domestic Partners, Federal Appeals Court, Names Addresses, Names And Addresses, People, Petitions, Public Vote, Seattle Washington, Secretary Of State, State Names, Washington StateGay partnership foes, backers in WA await ruling
(Seattle) Supporters and foes of gay domestic partnerships await a federal ruling from a three-judge panel on whether petitions for Washington states’s Referendum 71 should be made public.
The 9th U.S. Circuit Court of Appeals heard arguments Wednesday in Pasadena, Calif., on whether signatures collected to repeal a domestic partnership law …
Tags: Backers, Circuit Court Of Appeals, Court Of Appeals, Domestic Partnership, Domestic Partnerships, Foes, Gay Partnership, Judge Panel, Partnership Law, Petitions, Referendum, Seattle Gay, Signatures, Washington StatesNY court hears case against gay marriage benefits
(Albany, NY) A Christian legal group seeking to stop New York agencies from recognizing same-sex marriages performed outside the state argued in the state’s highest court Tuesday that the practice amounts to a policy decision that requires approval by lawmakers.
Attorney Brian Raum told state Court of Appeals judges that a …
Tags: Albany Ny, Appeals Judges, Court Case, Court Of Appeals, gay marriage, Lawmakers, Legal Group, marriage, Marriage Benefits, Policy Decision, Same Sex MarriagesCourt nixes $5M verdict against Phelps
(Richmond, Va.) A federal appeals court on Thursday tossed out a $5 million verdict against protesters who carried signs with inflammatory messages like “Thank God for dead soldiers” outside the Maryland funeral of a U.S. Marine killed in Iraq.
A three-judge panel of the 4th U.S. Circuit Court of Appeals said …
Tags: 5 Million, Circuit Court Of Appeals, Court Of Appeals, Dead Soldiers, Federal Appeals Court, God, Inflammatory Messages, Judge Panel, Marine Killed In Iraq, Phelps, Protesters, Richmond, Richmond Va, SignsGay incident reopens Salt Lake City’s Main Street plaza wounds
It’s the wound that won’t heal. The rift that won’t close. And earlier this month, two gay lovers’ purportedly innocuous late-night kiss — though LDS Church officials insist it was far more amorous than that — ripped it wide open. Utah’s simmering religious divide boiled over — once again — at the geographical and philosophical intersection of church and state: the Main Street Plaza in downtown Salt Lake City. “It is a scab that will continue to be peeled away — and may never heal,” says Dani Eyer, the former ACLU director who fought to preserve First Amendment rights on the plaza. Matt Aune and Derek Jones say they held hands, kissed and then squabbled with security guards on the LDS Church-owned square. Salt Lake City police issued a ticket for trespassing. In protest, supporters of the couple staged a “kiss-in” last Sunday outside the plaza and plan another such demonstration today. The LDS Church — a faith to which 60 percent of Utahns belong — defended its right to regulate “inappropriate behavior” on the plaza. “What we’re seeing now is a manifestation of what should have been obvious from the very beginning,” says former Salt Lake City Mayor Rocky Anderson. “This block of Main Street never should have been conveyed to the LDS Church. It was a recipe for ongoing resentments between the LDS Church and those who are not members.” The church bought the strip of Main — from North Temple to South Temple — in 1999 after then-Mayor Deedee Corradini and the City Council, with the only two non-LDS members dissenting, signed off on the $8.1 million deal. But the controversy burned for five more years as federal courts were asked to settle the prickly issue of whether the church could govern expression on the plaza and whether the city could retain a public right of way (as outlined in the original deal). “It was meant to be for everybody,” Eyer says. “Where people come and go their constitutional rights go with them.” After a 10th U.S. Circuit Court of Appeals ruling in 2002, First Amendment activities returned to the plaza. But demonstrations by anti-Mormon protesters — including cries of “whore” and “harlot” hurled at newlywed brides — “sustained divisions” that “reached to the point of hatred” between Mormons and non-Mormons, Anderson says. In the end, he agreed to trade the public easement for cash and LDS land to build a west-side community center.
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Gay Marriage in Washington, DC: Coming Tuesday at 12:01 am
The D.C. Council has passed a gay marriage recognition bill. Mayor Adrian M. Fenty has signed it. The Board of Elections and Ethics has rejected a referendum effort aimed at overturning it. A Superior Court judge has upheld that decision.
So, barring intervention from the D.C. Court of Appeals—and, according to a court spokesperson, no appeal was filed by close of business today—gay marriages will very soon be legal in the District of Columbia.
Brian Flowers, the general counsel for the D.C. Council and the official counter of congressional review days, tells LL today that, by his count, the review period will end at 12:01 a.m. on Tuesday, July 7.
Now, if you’re expecting a big public spectacle at that hour—couples heading down to the courthouse at midnight, mass weddings at city hall, etc.—you may be disappointed: A recognition of an out-of-state marriage is something that does not require any official action on the District’s part; if you have a valid marriage license from Connecticut, Iowa, Massachusetts, or California (issued during the 14-week period that it was legal there), you will automatically be considered married in the District.
However, newly legitimate couples are free, of course, to party however they wish.
See Gay Marriage in Washington, DC: Coming Tuesday at 12:01 am
Washington City Paper
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Citing law, city reluctantly argues for release of gay employees’ names
Anti-gay-rights activist wants names of city-sponsored LGBT club
As attorneys for all sides prepare to square off in court, the City of Seattle and a self-described “civil rights leader” seeking the release of the names of gay and lesbian city workers involved in a city-sponsored club have lined up on the same side of the issue.
In separate court filings, the city and the Seattle City Light employee requesting the records argue that the state public-records act requires that the city release the records. City of Seattle employees associated with the department’s Lesbian, Gay, Bisexual, Transgendered, Questioning and Friends Club have asked the court to order the city not to release their names.
Reiterating statements made by Seattle City Attorney Tom Carr shortly after the suit was filed, lawyers for the city now assert, reluctantly, that the records requested by City Light employee Philip Irvin.
“The city sympathizes with the concerns that plaintiffs have expressed,” Assistant City Attorney Gary T. Smith said in court documents. “Nonetheless, the city believes that the Public Records Act obligates it to disclose the records at issue.”
Irvin, who claims he’s been barred from attending LGBTQF club meetings because he is heterosexual and opposed to gay rights, has requested that the city release the names of employees belonging to or attending the Seattle Public Utilities-sponsored group.
According to the city’s filing, the department sponsors eight such “affinity” groups for employees “with similar concerns.” Included in the array are groups for employees of different ages or ancestry, including European. Each group is provided with up to $1,000 annually for events, and members are allowed to spend two work hours a month toward group activities.
In arguing that the records should be released, attorneys for the city assert that earlier appeals-court rulings have shown that employee information must be released even if it could result in harassment. The city cites a 2002 case in which King County was ordered by the state Court of Appeals to release a list of sheriff’s deputies’ names.
Attorneys for the plaintiffs assert that the employees’ identities are not releasable under the law, in part because they are of no legitimate public interest.
See Citing law, city reluctantly argues for release of gay employees …
Seattle Post Intelligencer
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Dismay Over Obama’s ‘Don’t Ask, Don’t Tell’ Turnabout
When Barack Obama sought the presidency, he pledged to reverse the “Don’t ask, don’t tell” policy preventing gays and lesbians from serving openly in the U.S. military. Yet on Monday, the Supreme Court rejected a gay Ohio soldier’s challenge to the law — with the legal backing of none other than the Obama Administration.
James Pietrangelo II, the former Army infantryman and lawyer whose case the high court declined to review, reserved most of his ire for President Obama instead of the court. “He’s a coward, a bigot and a pathological liar,” Pietrangelo said in an interview with TIME shortly after the high court declined to hear his appeal. “This is a guy who spent more time picking out his dog, Bo, and playing with him on the White House lawn than he has working for equality for gay people,” he added. “If there were millions of black people as second-class citizens, or millions of Jews or Irish, he would have acted immediately” upon taking office to begin working to lift “Don’t ask, don’t tell.” Pietrangelo fought in Iraq in 1991 as an infantryman, and returned as a JAG officer for the second Iraq War, before being booted out in 2004 for declaring he was gay as he was readying for a third combat tour. He was representing himself before the high court. (See pictures of the gay rights movement.)
The Obama Administration, in its brief in the case last month, said a lower court acted properly in upholding the gay ban. “Applying the strong deference traditionally afforded to the Legislative and Executive Branches in the area of military affairs, the court of appeals properly upheld the statute,” argued Elena Kagan, who as Solicitor General represents the Administration before the Supreme Court. The bar on gays serving openly is “rationally related to the government’s legitimate interest in military discipline and cohesion,” her 12-page filing added.
The endorsement of “Don’t ask, don’t tell” by the Administration marks the latest rightward tack by Obama. The President denounced many of George W. Bush’s national-security policies during the campaign, but in office has adopted more conservative positions, including endorsing military commissions to try purported terrorists, and declining to release a second batch of photographs depicting alleged U.S. maltreatment of Iraqi detainees. His stance on “Don’t ask, don’t tell” may be more surprising, because Obama aides have made clear the President wants the ban lifted eventually. (Watch a gay marriage wedding video.)
Pietrangelo doesn’t buy the line from Obama aides — and the Pentagon — that they’re too busy grappling with a faltering economy and two wars to handle the gay ban right away. “It’s a complete lie that he has too much stuff on his plate — this is the guy who criticized Bush for not being able to multitask,” Pietrangelo says. “We have an old saying in the military — the maximum effective range of an excuse is zero meters.” See Dismay Over Obama’s ‘Don’t Ask, Don’t Tell’ Turnabout TIME
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Lambda Legal Applauds West Virginia Court Order Restoring Custody of Foster Child to Lesbian Mothers
“The West Virginia high court has done the right thing in ruling in the best interests of this child. We applaud them for rejecting the prejudice that would have removed her from the only home she ever knew,” said Greg Nevins, Supervising Senior Staff Attorney in Lambda Legal’s Southern Regional Office in Atlanta. “Children in West Virginia need parents to love and care for them and that’s what the state should want, too.”
Lambda Legal filed a friend-of-the-court brief with the court on February 19, 2009, on behalf of Foster Children Alumni Association, CASA (Court Appointed Special Advocates) of the Eastern Panhandle, COLAGE (Children of Lesbian and Gays Everywhere), and Fairness West Virginia to urge the reversal of a trial court order removing the then year-old girl from the home of Kathryn Kutil and Cheryl Hess. The removal was ordered after the couple indicated that they wished to adopt the child. The trial judge accepted the view of the guardian ad litem that the Department of Health and Human Resources (DHHR) should only pursue an adoption placement for the child in a “traditional family,” consisting of both a mother and a father. The GAL also sought a statewide injunction barring foster children from being placed in gay homes. Friday’s ruling reverses this lower court finding, allows the child to remain with her foster parents, and permits the possibility that this home where the child has thrived eventually will be the adoption placement for the child.
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Wisconsin Trial Court Dismisses ACLU Lawsuit Seeking Domestic Partner Benefits For Lesbian and Gay State Employees
The Court’s opinion states: “The plaintiffs have offered a strong showing that the employment benefits in issue have been provided on a discriminatory basis. The defendants’ explanations offered for the continuing discrimination against these plaintiffs are unpersuasive and inadequate.”
“Losing doesn’t get any better than this,” said Larry Dupuis, Litigation Director of the ACLU. “We knew we had an uphill battle in the trial court because of the earlier case. But the court agreed with us that discrimination based on sexual orientation should be subject to strict judicial review and that it is unconstitutional for the state to deny equal benefits.”
The Court also found that providing the benefits would not be barred by the anti-gay marriage amendment that passed in 2006. After the amendment passed, the state had argued that the amendment barred the state from providing the benefits.
The ACLU filed the lawsuit in April 2005 on behalf of six lesbian state employees and their partners. The lawsuit charges that it is a violation of the state’s equal protection guarantees to deny lesbian and gay state employees access to the same health insurance and family leave protections that it provides to straight employees who are able to cover their spouses. The lawsuit was stalled for years because a number of Wisconsin municipalities tried to inject themselves into the lawsuit. The issue ultimately went up to the Wisconsin Supreme Court, which ruled that they were not entitled to become a party to the litigation.
“While we are heartened by the court’s decision, we urge the legislature to pass the domestic partner bill so there will be no need to appeal,” added Chris Ahmuty, Executive Director of the ACLU of Wisconsin. “Our clients are forced to pay expensive prices for inferior health coverage and sometimes even to forego necessary care. They suffer every day this issue goes unresolved.”
Wisconsin Department of Corrections employee Jayne Dunnum and her partner, Robin Timm, pay nearly $450 a month for private insurance for Timm who works on the couple’s organic farm and food store in Platteville. “We don’t care if it happens through the courts or the legislature. We just really need the health insurance coverage,” said Dunnum. “It’s a matter of basic fairness. I work just as hard has my straight colleagues and shouldn’t be denied the equal employment benefits.”
The case is Dunnum v. Department of Employee Trust Funds. The couples are represented by John Knight and Rose Saxe of the ACLU’s Lesbian Gay Bisexual Transgender Project, Larry Dupuis of the ACLU of Wisconsin, and cooperating attorneys Linda Roberson and Christopher Krimmer of the Madison law firm Balisle & Roberson.
Biographical information for all of the couples, today’s decision, the complaint, and additional information are available at http://www.aclu.org/getequal/caseprofiles.htm.
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