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 StateCourt 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, SignsSupreme Court Rejects Challenge To “Don’t Ask, Don’t Tell”
The Supreme Court on Monday agreed with the Obama administration and upheld Pentagon policy barring gays and lesbians from serving openly in the military.
The court said it will not hear an appeal from former Army Capt. James Pietrangelo II, who was dismissed under the “don’t ask, don’t tell” policy. The federal appeals court in Boston earlier threw out a lawsuit filed by Pietrangelo and 11 other veterans. He was the only member of that group who asked the high court to rule that the Clinton-era policy is unconstitutional.
During last year’s campaign, President Barack Obama indicated he supported the eventual repeal of the policy, but he has made no specific move to do so since taking office in January. Meanwhile, the White House has said it won’t stop gays and lesbians from being dismissed from the military.
In court papers, the administration said the appeals court ruled correctly in this case when it found that “don’t ask, don’t tell” is “rationally related to the government’s legitimate interest in military discipline and cohesion.”
Pentagon spokesman Bryan Whitman referred requests for comment to the Justice Department, but said the military policy “implements the law.”
“The law requires the (Defense) Department to separate from the armed services members who engage in or attempt to engage in homosexual acts; state they are homosexual or bisexual; or marry or attempt to marry a person of the same biological sex,” Whitman said in a statement.
A legal advocacy group vowed to press ahead with efforts to reverse the policy despite the legal setback.
“We don’t see that at all as bad news for repeal,” said Kevin Nix, spokesman for the Servicemembers Legal Defense Network. “What happened today puts the ball back into the court of Congress and the White House to repeal the law, and that’s where we think it should be right now.”
See Supreme Court Rejects Challenge To “Don’t Ask, Don’t Tell”
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Is White House’s inaction a step towards lifting military ban?
- Is White House’s inaction a step towards lifting military ban?
An order by a federal appeals court in San Francisco that directs the government to present a justification for the “Don’t Ask, Don’t Tell”-based ouster of a lesbian decorated military officer will stand because the Obama White House opted to not appeal the ruling to the U.S. Supreme Court. The decision is being viewed by some activists as a positive step toward President Barack Obama upholding his campaign pledge to end the military ban. The Wall Street Journal (5/19)
* Tags = gay men gay news lesbian news transgender bisexual
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Obama Avoids Test on Gays in Military
WASHINGTON — The Obama administration has decided to accept an appeals-court ruling that could undermine the military’s ban on service members found to be gay.
A federal appeals court in San Francisco last year ruled that the government must justify the expulsion of a decorated officer solely because she is a lesbian. The court rejected government arguments that the law banning gays in the military should have a blanket application, and that officials shouldn’t be required to argue the merits in her individual case.
The administration let pass a May 3 deadline to appeal to the Supreme Court. That means the case will be returned to the district court, and administration officials said they will continue to defend the law there.
The move “takes the issue off the front burner,” as a trial and subsequent appeals could take years before the question returns to the Supreme Court, said an official familiar with the matter.
The decision comes as President Barack Obama attempts a balancing act on gay rights. He was elected with strong support from the gay community and promised action on a number of issues. But mindful of the complex politics, the White House has moved slowly.
See Obama Avoids Test on Gays in Military Wall Street Journal
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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 HouseFederal appeals court asked to revive case against Baptist childcare agency
(Cincinnati, Ohio) A federal appeals court was asked Tuesday to reinstate a lawsuit accusing a Baptist childcare agency of proselytizing youngsters in its care and firing gay employees.
The lawsuit was brought by Americans United for Separation of Church and State and the American Civil Liberties Union.
It asserts that Kentucky Baptist …
Tags: American Civil Liberties, American Civil Liberties Union, Americans United For Separation Of Church And State, Childcare Agency, Cincinnati Ohio, Civil Liberties Union, Court Case, Federal Appeals Court, Gay Employees, Kentucky Baptist, Separation Of Church And State, YoungstersFederal appeals court asked to revive case against Baptist childcare agency
(Cincinnati, Ohio) A federal appeals court was asked Tuesday to reinstate a lawsuit accusing a Baptist childcare agency of proselytizing youngsters in its care and firing gay employees.
The lawsuit was brought by Americans United for Separation of Church and State and the American Civil Liberties Union.
It asserts that Kentucky Baptist …
Tags: American Civil Liberties, American Civil Liberties Union, Americans United For Separation Of Church And State, Childcare Agency, Cincinnati Ohio, Civil Liberties Union, Court Case, Federal Appeals Court, Gay Employees, Kentucky Baptist, Separation Of Church And State, YoungstersFed court asks Calif. to weigh in on Boy Scouts case
(San Diego, California) A federal appeals court has asked for a legal opinion from the California Supreme Court in a lawsuit over whether San Diego acted illegally in granting leases to the Boy Scouts of America.
At issue is whether the BSA is a religious organization, and if the leases violate …
Tags: Boy Scouts Of America, Bsa, California Supreme Court, Fed Court, Federal Appeals Court, Leases, Legal Opinion, Religious Organization, San Diego California
