Gay-friendly judge wins Ore. Supreme Court race
(Portland, Ore.) An appeals court judge who wrote a historic opinion extending gay and lesbian rights, has won a seat on the Oregon State Supreme Court.
Jack Landau, an Oregon Court of Appeals judge, on Tuesday defeated Allan J. Arlow, an administrative law judge with the Oregon Public Utilities Commission.
Landau had 71 percent of the votes, with 56 percent of the expected vote counted.
As an appeals court judge, Landau wrote the opinion in Tanner v. OHSU, which ruled that employers cannot discriminate against gay and lesbian couples when providing health care benefits.
The Supreme Court seat opened with the retirement of Justice W. Michael Gillette.
Maryland may recognize out-of-state gay marriages
Maryland Attorney General Doug Gansler today announced that Maryland could recognize gay marriages performed in other jurisdictions – like Washington, DC – where they were legal.
The announcement doesn’t make the recognition of gay marriages a reality, however. That would only come if the Maryland General Assembly enacted legislation; the Court of appeals …
Decision on Florida’s gay adoption ban imminent
Florida’s gays and lesbians can expect a decision by the U.S. court of appeals on the constitutionality of the state’s gay adoption ban soon, the Orlando Sentinel reports.
Martin Gill, a flight attendant who, with his partner, cares for two foster children, brought the case to court trying to overturn the …
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. …
Gay 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 …
NY 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 …
Court 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 …
Gay 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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