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Content about Supreme Court

July 13, 2014

'I think a lot of these measures that ultimately will come before the court will not survive a heightened scrutiny examination'

If a US state's gay marriage ban is argued in front of the Supreme Court, Attorney General Eric Holder promises the Department of Justice will file a friend of the court brief asking for the prohibition to be removed.

Holder was a guest today, 13 July,  on the ABC News show This Week.

July 12, 2014

The  three-judge panel from the 10th Circuit of Appeals gave the state until 21 July to take its case to the US Supreme Court

Late yesterday, 11 July, a three-judge panel ordered Utah to recognize the marriages of approximately 1,300 LGBTI couples.

This past December District Court Judge Robert J. Shelby ruled the state's gay marriage law violated the US Constitution’s guarantees of equal protection and due process.

After the ruling, for 17 days, same-sex couples married in Utah. The ceremonies were halted when the state appealed to the 10th Circuit Court of Appeals.

July 10, 2014

US Supreme Court Samuel A. Alito, Jr. offers no comment in his denial of Clerk Theresa Santai-Gaffney's appeal

A Pennsylvania county clerk will not get a chance to defend the state's same-sex ban to the Supreme Court.

According to SCOTUSblog, on 9 July Supreme Court Justice Samuel A. Alito, Jr. denied, without comment, Theresa Santai-Gaffney's appeal of a lower court's ruling.

The judge's rejection seems to be the clerk's final legal option.

July 9, 2014

ACLU, Lambda Legal and Transgender Law Center among the groups to say 'inclusion of this provision is no longer tenable'

The Employment Non-Discrimination Act has lost the support of several leading LGBTI legal groups on Tuesday (8 July) because religious groups would be exempt from the long-stalled legislation.

The American Civil Liberties Union; Gay & Lesbian Advocates & Defenders; Lambda Legal; National Center for Lesbian Rights; and Transgender Law Center issued a joint statement saying the current version of ENDA allows religious organizations to discriminate based on sexual orientation and gender identity.

July 9, 2014

State is bypassing entire 10th US Circuit Court of Appeals for 'clarity and resolution'

Utah wants the US Supreme Court to decide whether or not same-sex couples can get married in the state.

The state attorney general's office announced today in the coming weeks, it will be filing an appeal with the nation's highest court to challenge a federal judge's finding that the state's gay marriage ban is unconstitutional.

By choosing to appeal straight to the Supreme Court, Utah is bypassing having the ruling be reviewed by the entire 10th US Circuit Court of Appeals in Denver. A three-judge panel from that court upheld a federal judge's initial ruling.

July 6, 2014

'If the 10th Circuit Court’s decision becomes the governing law, it will mean that Colorado’s marriage laws cannot stand'

The governor and attorney general of Colorado are looking for a definitive legal answer to the state's gay marriage question.

July 4, 2014

Reverend Irene Monroe explains why two recent Supreme Court decisions could be game changers for straight and LGBTI women in the worst way

This month in the US we celebrate the Fourth of July with rounds of festivities marking America's 238 years of independence.

People will be singing the Star Spangled Banner, or reciting the Pledge of Allegiance, or reenacting the Continental Congress of 1776.

Many will simply be singing reproductions of the ‘rockets red glare and bombs bursting in air’.

All of this and more will be done on a grander and highly commercialized scale. All this happens at home as our American troops continue to soldier on.

June 20, 2014

A gang of seven men who filmed themselves having sex with a doctor and then blackmailed him over it have been charged under India’s reinstated colonial era sodomy law
 

Seven young men in the Indian city of Bangalore may have become the first to be charged over having gay sex since India’s Supreme Court reinstated Section 377 of the country’s Criminal Code.

Section 377 punished sexual acts that go ‘against the order of nature,’ and the law was struck down by the High Court of Delhi in 2009 – only to be reinstated in December of last year by the Supreme Court.

June 14, 2014

'In light of the stay, we will do everything we can to expedite the case for a quick ruling on appeal'

The judge who struck down Wisconsin's anti-gay marriage law reluctantly issued a stay on her decision while the case is being appealed.

Late last week, US District Court Judge Barbara Crabb ruled LGBTI couples had the right to marry. Yesterday, 13 June, she put a hold on her decision while it's reviewed by the 7th Circuit Court.

June 7, 2014

Maite Oronoz Rodriguez was nominated by Governor Alejandro García Padilla for a seat in Puerto Rico’s Supreme Court, and she thanked her partner at the press conference

A lesbian lawyer has become the first openly gay person to be nominated for a seat in Puerto Rico’s Supreme Court.

Maite Oronoz Rodriguez made history as Governor of Puerto Rico Alejandro Garcia Padilla made the nomination on 4 June.

At the press conference after her nomination, she thanked her partner.

‘Thank you for your unconditional support through the hardest of times, and through the best of times, like today... I wouldn't be here without you,’ she said about her partner Gina Mendez Miro.

June 6, 2014

'I think of all the serious Catholic mothers who felt freed when he said that -- free to love their kids'

Pope Francis 'thrilled' DOMA plaintiff Edie Windsor when he said last year of gays: 'Who am I to judge?'

Those five words came a month after Windsor achieved a historic Supreme Court victory with the gutting of key provisions of DOMA.

She believes they will make a world of difference.

'His bully pulpit has a great deal of meaning,' Windsor said this week in an interview with HuffPost Live.

May 31, 2014

A gay man, who brought a civil suit against his former employer, has been ordered to pay S$20,000 in legal costs

A gay Singaporean man, who brought a civil suit against his former employer for 'forced resignation', has had his appeal dismissed by the Supreme court on Thursday.

Lawrence Bernard Wee Kim San, 40, who said he was harassed into leaving his job as a senior manager at a well-known retail store Robinsons in August 2012, was also ordered to pay S$20,000 (US$16,000) in legal costs.

May 28, 2014

The 2013 American Community Survey census is the first to count how many same-sex couples have married in America and the results will be out in September

The United States Census Bureau will know this year how many same-sex marriages there are in America as of last year as it recorded same-sex couples’ marital status in last year’s American Community Survey.

It is estimated that around 180,000 same-sex couples have now married in the United States but it was not possible for the Census Bureau to record them until the Supreme Court of the United States struck down part of the Defense of Marriage Act in March last year which prevented the federal government from recognizing same-sex marriages.

May 26, 2014

Every remaining state ban on same-sex marriage in America will be tested in court after lawyers announced they would file a case against North Dakota over its ban on gay and lesbian couples marring

North Dakota will officially join 32 other states in having its ban on same-sex couples being allowed to marry challenged in the courts.

May 19, 2014

'The stay prevents further confusion as the district court order required the (health) department to list same-sex parents as the legal parents of an adoptive child'

The US state of Utah's Supreme Court has called for a temporary halt of birth certificates for same-sex parental adoption.

According to the Associated Press the stay, issued on 16 May, 'appears to apply to a district judge's order requiring Attorney General Sean Reyes and two top health officials to explain the state's refusal to recognize a same-sex couple's adoption.'

May 16, 2014

LGBTI rights activists warn under the new government, homosexuality could stay illegal for another five years and the persecution of the community can only increase

Gay sex in India could be banned for another five years now a homophobic political party has gained power in the national election.

The opposition Hindu nationalist BJP party is on course for a landslide victory, as suggested by early results.

Although final results are not expected until later, the scale of the predicted victory is on course for a landslide victory. More than 500 million people voted in the election.

Narendra Modi, the leader of the BJP, tweeted: ‘India has won. Good times ahead.’

May 13, 2014

Favorable ruling would make Virginia 19th state in US with marriage equality

The attorneys who successfully argued for the overturning of California's Proposition 8 are hoping for a similar outcome after today's arguments before an appeals court in a case challenging Virginia's gay marriage ban.

Theodore B. Olson and David Boies, once opponents in the Supreme Court case that resulted in George W. Bush being sworn in as US president, are once again on the same side in a marriage equality case.

They asked the US Court of Appeals for the Fourth Circuit to affirm that gay and lesbian couples are due their fundamental right to marry.

May 13, 2014

Favorable ruling would make Virginia 19th state in US with marriage equality

The attorneys who successfully argued for the overturning of California's Proposition 8 are hoping for a similar outcome after today's arguments before an appeals court in a case challenging Virginia's gay marriage ban.

Theodore B. Olson and David Boies, once opponents in the Supreme Court case that resulted in George W. Bush being sworn in as US president, are once again on the same side in a marriage equality case.

They asked the US Court of Appeals for the Fourth Circuit to affirm that gay and lesbian couples are due their fundamental right to marry.

April 30, 2014

In support of LGBTI equality around the world, the UN’s Free & Equal campaign releases a new music video to encourage change in India

‘It is a new look. It’s a new attitude. You might wonder where the old way of living has gone. But who is worried about who like what, as long as in the world of love two people want to be with each other.’

With some words of encouragement the matriarch of an Indian family welcomed home a gay member of the family and his partner.

April 26, 2014

'Our senior citizens and veterans should not have to pay more taxes just because they happen to be gay or lesbian'

Alaska's Supreme Court ruled the state discriminates against same-sex families by not allowing access  to property tax exemptions reserved for senior citizens and disabled veterans.

The legal rights group American Civil Liberties Union announced the court's decision on 25 April.

April 25, 2014

A judge has declared the ban on same-sex marriage in the Mexican state of Oaxaca to be invalid – paving the way for same-sex couples to marry in the state

Mexico’s Supreme Court ruled Oaxaca state’s ban on same-sex couples marrying to be unconstitutional on Tuesday and also found it to be in violation of Article 143 of the country’s Civil Code.

The action was brought by 39 gay and lesbian Mexicans, and their lawyers successfully argued that the state’s law violated Article 1 of the Mexican Constitution, which amongst other things protects sexual minorities from discrimination in law.

April 23, 2014

India’s Chief Justice has decided he will hear an appeal to the Supreme Court’s decision reinstating the country’s ban on gay sex in what will be the last chance to reverse that verdict before a new government takes power

Chief Justice P Sathasivam has decided to hear a final appeal of the Indian Supreme Court’s decision to reinstate the country’s Section 377 colonial era sodomy law – giving new hope that homosexuality will again become legal in the South Asian country.

The judicial appeal was sought by the Naz Foundation earlier this week but it was unknown whether Sathasivam would accept the case which seeks to contradict the rulings of more junior Supreme Court justices.

April 21, 2014

India’s Naz Foundation is appealing to the Chief Justice of the Supreme Court of India over the criminalization of homosexuality - hoping a recent court ruling that recognized transgender people as a third legal gender will make their case stronger

India’s Supreme Court may rule on the legality of gay sex after HIV non-government organization the Naz Foundation applied this morning for the Chief Justice of the court to review the matter.

The Naz Foundation’s lawyers hope that the Chief Justice will take into account the recent Indian Supreme Court ruling that created a legal third gender status for transgender Indians.

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.