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Content about Supreme Court

April 17, 2014

Sydney man Paul Armstrong pleaded guilty to killing Felipe Flores 23 years ago after his blood was found under the victim’s fingernails but says he did it because Flores told him he had AIDS after they had sex

An Australian man who had previously been found guilty of male rape in 1992 has been found guilty of killing of a gay man the year before.

Sydney man Paul Armstrong had been found guilty of murdering Felipe Flores in 1991 by the Supreme Court of New South Wales in 2010 after DNA evidence revealed blood found under Flores’ fingernails belonged to him.

However an appeals court overturned the conviction and ordered a retrial.

April 16, 2014

A powerful in-state conservative Christian lobby sent a letter to all legislators arguing the law's repeal would place teenagers at risk

The Louisiana House of Representatives turned down a bill that would have removed the southern US state's anti-sodomy law.

Last week a committee passed the legislation in a 9-6 vote, but on 15 April the proposal was easily defeated in the full House 27-67; 11 representatives did not vote.

In 2003, the Supreme Court ruled in the criminal case Lawrence v. Texas that all anti-sodomy laws in the US are unconstitutional.

April 15, 2014

The Indian Supreme Court has instructed the Indian Government to create a legal third gender category to recognize transgender people and also that they should be classed as a marginalized group to receive affirmative action in jobs and education

India’s highest court has ruled that transgender individuals should be allowed to designate themselves in a third gender category other than male or female in a historic legal ruling today.

Indian culture has traditionally recognized transgender individuals as ‘hijras’ and many have traditionally viewed themselves as a third gender separate to male or female.

April 12, 2014

'Loving teaches that the Fourteenth Amendment protects the fundamental right to marry, even if the way in which it is practiced would have surprised the Framers or made them feel uncomfortable'

The attorney general of Virginia submitted a brief supporting a judge's decision the state's ban on gay marriage unconstitutional.

In papers filed with the 4th US Circuit Court of Appeals, Attorney General Mark Herring maintained blocking gay marriage mirrored the prohibition against interracial marriage.

April 11, 2014

The Philippines Supreme Court has ruled that the government can provide condoms and other forms of contraception to the public for free following years of opposition by the Catholic Church

The fight against HIV and overpopulation in the Philippines has just been given an important new weapon as the country’s Supreme Court has ruled the government can provide free condoms and other kinds of contraception after a tooth-and-nail battle with the Catholic Church.

April 5, 2014

Brendan Eich's abrupt departure from Mozilla has stirred debate in the international media about how far corporate leaders are allowed to go in expressing their political views

Prominent gay blogger and author Andrew Sullivan has hit out at members of the LGBT community for bullying Brendan Eich into quitting his chief executive officer job at Mozilla just two weeks into the role.

Eich, who is also the co-founder of Mozilla, announced his resignation on Thursday following a backlash over his appointment due to his previous financial support for California’s Prop 8 campaign. The referendum, which passed in 2008, banned same-sex couples from getting married until it was overturned by the Supreme Court in June 2013.

April 3, 2014

In what is being called the last chance to legalize the lives of over 40 million people, Supreme Court will hear activists' plea after they recriminalized homosexuality last year

India’s Supreme Court has agreed to reconsider the law criminalizing homosexuality today (3 April).

The Naz Foundation, a HIV and LGBTI rights charity, filed a curative petition calling on the Supreme Court to ‘correct’ its verdict from last year.

In December 2013, the Supreme Court recriminalized homosexuality – overturning the landmark 2009 Delhi High Court ruling that said the colonial era law banning homosexuality was discriminatory and should not be a crime.

April 1, 2014

Activists are calling on India's Supreme Court to 'correct' the verdict that led to the ‘worst event to happen in gay rights in recent memory'

India’s government is facing a fresh new legal challenge on its gay sex ban.

Naz Foundation, a HIV and LGBTI rights charity, filed a curative petition in the Supreme Court calling on it to ‘correct’ its verdict.

In December 2013, the Supreme Court overturned the landmark 2009 Delhi High Court ruling that said the colonial era law banning homosexuality was discriminatory and should not be a crime.

As parliament has refused to try and amend the ruling themselves, a curative petition is the last option as the final appeal in the legal process.

April 1, 2014

Activists are calling on India's Supreme Court to 'correct' the verdict that led to the ‘worst event to happen in gay rights in recent memory'

India’s government is facing a fresh new legal challenge on its gay sex ban.

Naz Foundation, a HIV and LGBTI rights charity, filed a curative petition in the Supreme Court calling on it to ‘correct’ its verdict.

In December 2013, the Supreme Court overturned the landmark 2009 Delhi High Court ruling that said the colonial era law banning homosexuality was discriminatory and should not be a crime.

As parliament has refused to try and amend the ruling themselves, a curative petition is the last option as the final appeal in the legal process.

March 24, 2014

National Organization for Marriage co-founder Maggie Gallagher has conceded that same-sex marriage will come to all 50 US states

The co-founder of the leading group opposing same-sex marriage in the United States has conceded that her side has lost the fight and that gay couples will soon be able to marry all over the country.

Maggie Gallagher told the Huffington Post that she believed that a majority of Supreme Court judges would find any state ban on same-sex marriage that was brought before it to be unconstitutional.

Gallagher said she knew the end was near after a majority of the Supreme Court ruled against the Defense of Marriage Act (DOMA).

March 21, 2014

‘They are so desperate for votes they are even asking people they think are unnatural,’ say LGBTI activists

An Indian political party that wants gay sex to stay illegal has found a surprising place to advertise for supporters – Grindr.

For the past four days, Indians have been checking the gay hookup app to see the Bharatiya Janata Party’s advertisements.

It shows prime-ministerial candidate Narendra Modi’s picture, together with the party’s lotus symbol, calling on gay people to vote BJP.

March 14, 2014

The couples moved to Tennesee after legally marrying in other states - filed federal lawsuit last October

A federal judge in Nashville ruled on Friday (14 March) that Tennessee must recognize the marriages of three same-sex couples while their lawsuit against the state's gay marriage ban is pending.

The three couples were legally married in other states before moving to Tennessee.

They filed suit last October claiming the ban violates the federal Constitution’s guarantees of equal protection and due process and the constitutionally protected right to travel between and move to other states.

March 2, 2014

'If you get to the facts of this, the law was the subject of a tsunami of poorly informed indignation'

The editor of a conservative political magazine is defending Arizona's controversial 'turn away the gays' bill.

The National Review's Rich Lowry was one of the guests  on today's (2 March) ABC News program This Week.

He argued the debate about SB 1062 was littered with half-truths and the legislation was not anti-gay.

February 26, 2014

Numbers of Americans supporting the idea have highly increased over the past decade, after it became possible for gay and lesbian couples to have a legal marriage

Support for gay marriage has shot up in the US with over half of Americans now in favor.

A survey by the non-partisan Public Religion Research Institute released today (26 February) shows some 53% of 4,509 Americans support same-sex weddings, compared to 32% in 2003.

The Supreme Court ruled in June 2013 the Defense of Marriage Act was unconstitutional, meaning legally married gay couples were eligible for federal benefits and inspiring LGBTI rights activists to continue fighting for same-sex marriage across the country.

February 20, 2014

Citing recent success in federal courts in other US states, they want ban immediately declared unconstitutional

Feeling the momentum from judicial victories in other states, the four couples suing to overturn Idaho's ban on gay marriage are trying to move their case along a little faster.

The couples filed a motion late Tuesday (18 February) asking a federal court in Boise to issue a decision without a trial. They claim the ban violates the equal protection and due process clauses of the US Constitution.

The motion is scheduled to be heard by Chief US Magistrate Judge Candy W. Dale on 5 May 5 in Boise.

February 13, 2014

Idaho’s state Supreme Court ruled that gays and lesbians have the right to adopt their spouses’ children in a unanimous verdict on Monday – saying that the state had been misapplying its own law

Darcy Drake Simpson will become the first lesbian to legally adopt her partner’s children in the US state of Idaho after a state Supreme Court bench ruled unanimously in favor of her right to adopt.

Drake Simpson has been co-parenting a 15-year-old son born to partner Rene Simpson during their 19 year relationship and a 13-year-old boy Rene Simpson adopted in 2001.

However before now Drake Simpson had no parental rights over the children or legal responsibility for them.

February 8, 2014

The former chief justice responsible for the landmark judgement in 2009 says the criminalization of gay sex in effect 'offend(s) the dignity of a person'

Homosexuality is neither a disease, nor is it punishable under any penal laws, Justice Ajit Prakash Shah, who authored the judgment that decriminalized homosexuality as chief justice of the Delhi High Court in 2009, said on Friday.

The Delhi High Court’s historic judgement which decriminalized gay sex was overturned by the Supreme Court on December 11, 2013. The bench ruled that it is for Parliament and not the court to repeal section 377 of the Indian Penal Code.

February 4, 2014

Ted Olsen and David Boies tell judge a law that relegates same-sex couples to second-class status cannot stand

Attorneys Ted Olsen and David Boies were back in a federal court on Tuesday (4 January) arguing for the right for same-sex couples in the state to get married - this time in Virginia.

The unlikely legal team, who famously squared-off against each other in a 2000 Supreme Court case that resulted in George W. Bush's presidency, are hoping to repeat their success in California when gay marriage ban Proposition 8 was overturned.

January 28, 2014

India's Supreme Court rejected the notion it had committed a 'grave error of judgement' when it recriminalized homosexuality

India’s Supreme Court has rejected an appeal urging a review on the recent judgement banning gay sex.

The central government urged the Supreme Court to ‘avoid grave miscarriage of justice to thousands of LGBT people’.

They suggested there were a number of ‘grave errors of law in the judgement’, and failed to consider the colonial-era law violates the right to health of men who have sex with men.

But the judges dismissed the petitions signed by the government and rights activists, saying the judgement will stay and India will continue to ban gay sex.

January 28, 2014

India's Supreme Court rejected the notion it had committed a 'grave error of judgement' when it recriminalized homosexuality

India’s Supreme Court has rejected an appeal urging a review on the recent judgement banning gay sex.

The central government urged the Supreme Court to ‘avoid grave miscarriage of justice to thousands of LGBT people’.

They suggested there were a number of ‘grave errors of law in the judgement’, and failed to consider the colonial-era law violates the right to health of men who have sex with men.

But the judges dismissed the petitions signed by the government and rights activists, saying the judgement will stay and India will continue to ban gay sex.

January 17, 2014

Arizona Senator Steve Yarbrough wants to make it legal for any business to discriminate against people for religious reasons to protect them from having to serve gay people but he admits other groups could be discriminated against as well

Arizona Republican Senator Steve Yarbrough has put forward a bill that would let any business owned by a religious person discriminate against people legally in order to protect them from having to deal with gay people.

Yarbrough says he was inspired to draft the bill after a New Mexico state Supreme Court allowed a gay couple to sue a photographer who refused to photograph their wedding.

However LGBTI people in Arizona already have no legal protection from discrimination under state law.

January 15, 2014

Greens in the European Parliament have moved to condemn homophobic laws in India, Uganda, Nigeria and the Democratic Republic of Congo and have sought a vote by MEPs to relay that to them

Greens Members of the European Parliament (MEPs) have put forward a motion condemning the reinstatement of India’s ban on gay sex, recently passed laws oppressing LGBTIs in Uganda and Nigeria, and efforts to criminalize gay sex in the Democratic Republic of Congo.

The Greens MEPs also welcomed the Indian Government's attempts to overturn the Supreme Court ruling that reinstated the colonial era Section 377 law banning gay sex.

January 10, 2014

Announcement comes after state's governor put status of couples 'on hold' pending appeal of marriage ban ruling

US Attorney General Eric Holder had some good news for the more than 1,000 same-sex couples in Utah who got married in recent weeks: their marriages are considered legal by the federal government.

Holder delivered the news via video message on Friday (10 January) a few days after Utah Governor Gary Herbert essentially said the marriages were not legally valid and would not be recognized by the state.

January 8, 2014

Republican New Mexico Governor Susana Martinez says she has accepted her state’s Supreme Court’s ruling that legalized gay marriage and that it’s ‘the law of the land now’

New Mexico Republican Governor Susana Martinez told a Monday press conference that she had accepted that same-sex marriage was legal in her state and would not attempt to overturn its legalization.

Martinez had wanted the issue to be put to the voters but the state Supreme Court ruled that same-sex couples must be allowed to marry on 19 December.