House Votes to Expand Hate Crimes Legislation

On Thursday, October 8th, nearly eleven years after the murder of Matthew Shepard, the House of Representatives voted to expand the definition of federal hate crimes to include those committed because of a person's actual or perceived sexual orientation, gender, gender identity, or disability. The New York Times reports that the final vote was 281 in favor and 146 opposed. The bill, originally introduced by Senator Ted Kennedy, will now move to the Senate, where it has solid support, for final approval. The measure is included within an essential $681 million military policy bill, which authorizes military pay, weapons programs, and other essentials for the military.

Equal Marriage Bill Introduced in D.C.

On Tuesday, October 6, D.C. Councilman David Catania introduced the Religious Freedom and Civil Marriage Equality Amendment Act of 2009. This bill would expand a D.C. law passed by the Council in July that recognizes same-sex marriages performed elsewhere. The bill also would protect clergy members from conducting or providing accommodations for same-sex marriage ceremonies. Ten council members signed on as co-sponsors of the bill. The Washington Post reported on Tuesday that it appears unlikely that Congress will block the bill. The Council hopes to have a vote on the bill by December this year. The bill is not expected to have any problems getting through the Council, but, under Home Rule, U.S. Congress has 30 legislative days to review the bill before it becomes law.

The Washington Business Journal published an article today, Friday, October 9th, which states that a study by the Williams Institute conducted this past April found that within three years equal marriage in D.C. could inject as much as $52.2 million into the city's retail and tourism industry.

Third Circuit Allows Gay Plaintiffs to Bring Sex Stereotyping Suit under Title VII

On August 28, a unanimous Third Circuit Court of Appeals, in Prowel v. Wise Business Forms, Inc., 2009 WL 2634646 (3d Cir. Aug. 28, 2009), held that there was sufficient ambiguity as to whether Prowel, the plaintiff, suffered discrimination based on his homosexuality or his effeminacy to send the case to trial. New York Law School's September 2009 issue of Lesbian/Gay Law Notes has a great article explaining this case, as well as many other recent LGBT legal events.



Note: Apologies for the very long absence from the blog... settling back in for the year and hoping to get back into a more regular posting schedule. More to come soon! Thanks for staying tuned!

Sotomayor, Religion, and Homosexuality = Fumbled Facts

The Volokh Conspiracy Blog tears apart an article on CNSNews.com, which has a headline "Sotomayor Supported Censoring Biblical Verse on Homosexuality from New York City Billboard."

A billboard was put up in Staten Island that said:

Word on the Street
4 WAYS TO SAY LEVITICUS 18:22
THOU SHALL NOT LIE WITH MANKIND AS WITH WOMANKIND: IT IS ABOMINATION (KING JAMES)
YOU SHALL NOT LIE WITH A MALE AS WITH FEMALE: THAT WILL BE LOATHSOME (JAMES MOFFAT)
DO NOT LIE WITH A MAN AS WITH A WOMAN: IT IS DETESTABLE (BERKLEY VERSION)
HOMOSEXUALITY IS ABSOLUTELY FORBIDDEN FOR IT IS AN ENORMOUS SIN (LIVING BIBLE)
I AM YOUR CREATOR

The billboard was taken down fairly quickly after the Staten Island Borough President sent a letter to the company that owns owns the billboard. The religious organization then filed suit for violations of free speech, free exercise, and the establishment clause.

What's shocking is that despite the headline of the CNSNews article, Judge Sotomayor's panel REVERSED the District Court to hold that the religious organization's free speech MAY HAVE BEEN ABRIDGED. Full details at Volokh Conspiracy blog post, including links to the opinion and detailed analysis.

Incidentally CNSNews stands for Cybercast News Service... funny, I would have guessed Christian News Service.

Indian Supreme Court Agrees to Hear Petition on Gay Sex Ban

365Gay.com is reporting that the Supreme Court of India has agreed to hear a petition challenging the recent Delhi court opinion striking down a law banning gay sex.

It's Report Time!

For anyone who needs to do research on same-sex marriage from a legal, political, or public opinion point-of-view should check out the Pew Forum's site on Gay Marriage.

They recently released a Special Report: The Same-Sex Marriage Debate, but their main page also has sections labeled: Gay Marriage and the Law, Public Opinion, Official Religion Stances. Looks like a great resource for anyone that wants to write a paper of same-sex marriage.

Gay Marriage In Maine Likely Going to People for Vote

The Boston Herald reports that Stand for Marriage Maine Coalition has collected more than the required 55,087 signatures necessary to give the people of Maine a vote on gay marriage. Once submitted, and verified by the state, the law permitting gay marriage will be stayed and the issue will be put on the next ballot.

[Hat tip to Towleroad]

Massachusetts Sues Federal Government Challenging DOMA

The Massachusetts Attorney General, Martha Coakley, filed a lawsuit this morning against the federal government arguing that the Defense of Marriage Act is unconstitutional under the 10th Amendment of the US Constitution. The Boston Globe first broke the story shortly after noon today. AG Coakley will be giving a press conference at 2pm today.

AP article regarding the lawsuit.

"State of the Nation" for Same-Sex Marriage

FindLaw is featuring a series of articles on same-sex marriage... From the article:

In this three-part series, we will deliver a "state of the nation" report on the rights of same-sex couples in the United States. In this column, we offer a brief history of the battle over the same-sex marriage -- from the first wave of cases in the 1970s in which the idea of same-sex marriage was broached and roundly rejected, through the most recent legislative and judicial developments that have made same-sex marriage a legal reality.

In Part Two, we will describe the current legal landscape for same-sex couples, which features a sliding scale of recognition rights in some states, alongside statutory and constitutional bans on such rights in others. Part Three will explore the state of the law regarding interstate recognition of same-sex marriage, focusing on the widespread adoption of anti-same-sex-marriage statutes and constitutional amendments at the state level. It will also consider some special legal problems for same-sex couples that are posed by this unique legal landscape.

Quick Update

• OnTopMag.com reminds us that DC will start recognizing gay marriages tomorrow.
• USA Today has an article about gay marriage and census challenges. Here is the post where I originally raised the issue

Louisiana Couple Sues for Marriage License

A gay couple in New Orleans filed a lawsuit in federal court, arguing that they have a fundamental federal right to marry. The New Orleans Real-Time Metro News reports that the complaint argues that the state "permanently deprived them of the ability to sanctify their committed relationship and to exercise all of the rights and benefits attendant to marriage."

India Decriminalizes Homosexuality

Today, an Indian court in Delhi overturned a 148-year-old law left over from colonial law that described a same-sex relationship as an "unnatural offence" and made homosexual acts punishable by up to ten years in prison. The BBC reports that the court held that the law was discriminatory and a "violation of fundamental rights." Indian activists are calling the ruling "India's Stonewall,"but expecting a challenge to the ruling. Here is a link to the court's opinion.

County Council of Alleghency County, PA Debates Passage of Anti-Discrimination Law that Includes Sexual Orientation and Gender Expression and Identity

The Allegheny County Council is considering a law that would create a Human Relations Commission to investigate and prosecute employment and housing discrimination for a variety of protected classes, including gender identity and expression, and sexual orientation.

A drafting snafu relating to a religious exemption appears to be endangering the passage of the bill, however. Although religious exemptions for LGBT classes are common, the particular way this one is drafted is very concerning.

The problem is an exception that the Act carves out in its definition of an "Employer," which provides:

For the purposes of this Article, the definition of "employer" shall not include any
religious organization, regardless of number of employees or County funding,
provided that such religious organization provides documentary evidence of its
religious nature to the Human Relations Commission of the County of Allegheny,
and avers in writing to the Commission that gender, sexual orientation, or gender
identity constitute grounds for employment decisions under the fundamental
tenets of the religion in question.

The problem with this definition is that it appears to permit religious organizations to discriminate against all classes (sex, race, color, etc.) just because its religious tenants conflict with hiring an LGBT person.

The Post-Gazette has an article and the Council's website has the full text of the law.

The Council's debate for the law is tonight at 5:00 pm, and has a live-webcast here.

Wisconsin Governor Signs (limited) Domestic Partnership Law

Same-sex couples in Wisconsin will soon be able to obtain domestic partnerships, giving them some of the rights of opposite-sex married couples. The passage of this law, however, is particularly interesting because Wisconsin has a constitutional amendment limiting marriage to one man and one woman and barring any relationship that is "substantially similar to marriage."

The Domestic Parntership provisions are in 09 Wisconsin Act Act 28, starting on page 604.

[Via Volokh Conspiracy]

Senate & Assmebly in Delaware Add Sexual-Orientation to Employment/Housing Anti-discrimination Protections

The DE General Assembly and Senate passed a bill adding sexual orientation to the list of protections that prohibit discrimination for housing, employment, public works contracting, public accommodations, and insurance. According to a republican house member who helped pass the bill, the governor has expressed support for it.

Here is bill's tracking page. Also see a comprehensive article on DelawareOnline.

The Bill's Short Description:

This Act adds the term “sexual orientation” to the already-existing list of prohibited practices of discrimination. As such, this Act would forbid discrimination against a person on the basis of sexual orientation in housing, employment, public works contracting, public accommodations, and insurance. In addition, this Act would establish that the Superior Court, in the first instance, would hear and adjudicate alleged criminal violations under the Act of equal accommodations, fair housing and employment discrimination.

[Via Towleroad]

Emerging Issue: Counting Same-Sex Couples in Census Data

Over the past few weeks, I've noticed a pattern of articles on various websites discussing the problems associated with the census and the agency's choice not to count same-sex couples. Based on the Bush administration's interpretation of the federal DOMA, it reasoned that the census couldn't count same-sex marriage or other partnerships. (The Obama administration is attempting to change this in time for the 2010 census.)

Not counting same-sex married (or unmarriec couples) exacerbates the lack of data surrounding the GLBT community. According to one article, there has been no regularly-conducted, reliable study asking people about sexual orientation or gender identity issues. Researchers studying GLBT issues, apparently, cobble together smaller studies in an attempt to get a national picture.

There are also mistakes in much of the census data regarding the sex of married and unmarried individuals. Merely because of people coding the census forms incorrectly, researchers' estimates of same-sex couples might be completely off. Facts such as Mississippi having the largest number of same-sex households with children and other oddities cannot be verified or challenged without the census specifically questioning and addressing this issue.

Here is just a brief set of links I've come across.
Is Your Marriage Invisible? Same-Sex Marriage and the 2010 Census
New Census Study Comparing Gay and Straight Married Couples
White House Looks to Include Same-Sex Unions in Census Count

ABA Journal Highlights Affordable Legal Documents for LGBT Community

The ABA Journal ran the story Serving Gays on the Net, profiling Lindalisa Severo and her website LegalOut. The website provides affordable, on-line legal document generation specifically catering to the LGBT community. The site also refers users to GLBT-friendly licensed attorneys.

Thanks to Kristina for the link!

Trans-inclusive Non-discrimination Act Submitted to Congress

Barney Frank, along with about 100 other congress people, submitted an employment non-discrimination act to the House. It bars discrimination based on sexual orientation, perceived sexual orientation, and gender identity in employment practices.

Here is the bill tracking. Check out coverage at the Daily Kos and Windy City Times.

White House Drafting Guidelines Barring Workplace Discrimination Against Transgender Federal Employees

See the New York Times article New Protections for Transgendered Federal Workers.

Same-Sex Benefits Memo Signed by Obama (With Video)

Memo here.

Obama Stops Short of Full Health Care Benefits

As scheduled, Pres. Obama released a statement regarding the memorandum extending limited benefits to same-sex partners of federal employees and expressing support for Lieberman-Baldwin bill, which would extend all the same benefits to same-sex partners of federal employees. Reporting from MSNBC.

Benefits for Federal Employee's Same-Sex Partners

After strong criticism from LGBT legal and advocacy organizations, CNN reports that Obama will sign a memorandum today, Wednesday, June 17th, that will grant health care and other benefits to same-sex partners of federal employees.

A more detailed report from The New York Times states that Obama will make the announcement and sign the memorandum this evening in the Oval Office. In the announcement, he will specify which benefits will be extended, as he will reportedly stop short of full health insurance coverage.

First Victory in GLAD's DOMA Case

The Department of Justice sent a letter to GLAD stating that the State Department has "amended the relevant provision of its Foreign Affairs Manual ("FAM") to provide for the issuance of passports in a new name based on a legal name change recognized under state law." Gay & Lesbian Advocates & Defenders (GLAD) filed Gill v. Office of Personnel Management, a lawsuit challenging section 3 of the federal Defense of Marriage Act (DOMA) in March 2009. Prior to this change, the federal government refused to update individuals' names on passports based on state marriage certificates for same-sex couples because of DOMA. For more information regarding Gill, visit http://www.glad.com/doma, or for more information regarding this victory, see GLAD's press release.

Same-Sex Marriage in Israel

The BBC reported last week that several gay couples would be married following Israel's gay pride parade in Tel Aviv. The article states that although the weddings will fit Jewish tradition, the couples will not be afforded any of the traditional benefits of marriage because the state only recognizes marriages that conform to the standards of the Orthodox establishment.

Haaretz, an Israeli news source, reports that five couples were married in a ceremony on the beach at sunset on Friday, June 12th. The ceremony followed the eleventh annual gay pride parade in Tel Aviv. The wedding followed traditional Jewish marriage rites, including the exchange of rings and vows before breaking a glass.

China's First Gay Pride Festival Held in Shanghai

The BBC reports that China's first gay pride festival was held last week in Shanghai, "one of the most open and progressive Chinese cities." China is not traditionally tolerant of gays and lesbians and organizers of the week-long festival expressed concern that the government would shut down the events. Instead of holding a parade, the organizers planned a week of events held in private venues.

Obama Administration's Latest Stance on Gay Marriage

On the evening of June 11th the United States Department of Justice filed a motion to dismiss in a lawsuit filed in district court in California challenging sections 2 and 3 of DOMA on behalf of a gay couple legally married in California. Here is a link to the motion. Associated Press reporting on the motion. LGBT legal organizations released a statement the following day condemning the defense of DOMA, particularly the Bush era-esque language used by the DOJ. The full statement from the organizations is below. You can also find the statement on GLAD's website. Reporting from CBSNews, ABCNews, and The Wall Street Journal. Additionally, an editorial was published in The New York Times on June 15th criticizing the DOJ's decision to defend the law so vigorously.



LGBT Legal and Advocacy Groups Decry Obama Administration's Defense of DOMA
FOR IMMEDIATE RELEASE: June 12, 2009
Contact: Carisa Cunningham, GLAD (617) 426-1350

We are very surprised and deeply disappointed in the manner in which the Obama administration has defended the so-called Defense of Marriage Act against Smelt v. United States, a lawsuit brought in federal court in California by a married same-sex couple asking the federal government to treat them equally with respect to federal protections and benefits. The administration is using many of the same flawed legal arguments that the Bush administration used. These arguments rightly have been rejected by several state supreme courts as legally unsound and obviously discriminatory.

We disagree with many of the administration’s arguments, for example that DOMA is a valid exercise of Congress’s power, is consistent with Equal Protection or Due Process principles, and does not impinge upon rights that are recognized as fundamental.
We are also extremely disturbed by a new and nonsensical argument the administration has advanced suggesting that the federal government needs to be “neutral” with regard to its treatment of married same-sex couples in order to ensure that federal tax money collected from across the country not be used to assist same-sex couples duly married by their home states. There is nothing “neutral” about the federal government’s discriminatory denial of fair treatment to married same-sex couples: DOMA wrongly bars the federal government from providing any of the over one thousand federal protections to the many thousands of couples who marry in six states. This notion of “neutrality” ignores the fact that while married same-sex couples pay their full share of income and social security taxes, they are prevented by DOMA from receiving the corresponding same benefits that married heterosexual taxpayers receive. It is the married same-sex couples, not heterosexuals in other parts of the country, who are financially and personally damaged in significant ways by DOMA. For the Obama administration to suggest otherwise simply departs from both mathematical and legal reality.
When President Obama was courting lesbian, gay, bisexual and transgender voters, he said that he believed that DOMA should be repealed. We ask him to live up to his emphatic campaign promises, to stop making false and damaging legal arguments, and immediately to introduce a bill to repeal DOMA and ensure that every married couple in America has the same access to federal protections.

SIGNED:
American Civil Liberties Union
Gay & Lesbian Advocates & Defenders
Lambda Legal
National Center for Lesbian Rights
Human Rights Campaign
The Task Force

US Senate Hearing on Gay Immigration Bill

The Senate Judiciary Committee is holding hearings on the Uniting American Families Act, which would allow U.S. citizens and permanent residents to sponsor their same-sex partners to stay in the U.S. as residents. One of the people who testified is Shirley Tan, a Philippines national, who became the subject of national news coverage when she was about to be deported. Her female partner cannot sponsor her as a U.S. resident because the right is limited to opposite-sex married couples.

Here is some of the video from the hearing:



The senate's bill is S.424 and the House is H.1024. The Washington Blade covered it here.Thanks to Sexual Orientation and the Law and to Inside, Looking Out.

Updated Gay Marriage & Civil Union Map

NPR has updated their interactive gay marriage and civil union map (static image to left).

Although I think the difference between "marriage" and "civil unions" is important, I think we can take a moment to recognize that 11 states now provide all or almost all the protections of marriage to same-sex couples. The practical effect that death benefits, financial protections, spousal/partner benefits, parental rights, and countless others rights are dramatic and serve to support the spouses and children of gay families.

A few notes about the NPR map...

• California has domestic partnerships that are almost exactly the same as marriage.
• Nevada's civil union law will take effect on October 1st, but omits some critical rights such as requiring private employers to provide medical or other benefits to domestic partners (even though they would be required to grant similar rights to married spouses).
• Rhode Island is currently considering several bills: one that permits same-sex marriage (HS 5744), another that would prohibit it, and one to put it to public referendum.
  

Marriage Debate Between National Organization for Marriage & UPenn Law Professor Tobias Wolff

Although slightly departing from the legal nature of the gay marriage debate, CNN had a debate between Tobias Wolff, a University of Pennsylvania law professor and advisor to the Obama campaign on LGBT issues, and Maggie Gallagher, a representative from the National Organization for Marriage. Watch it here...

Secretary Clinton's Committment to Gay Rights

Secretary of State Hillary Clinton issued her own statement on June 1st recognizing the month of June as LGBT Pride month. The Associated Press, in its reporting, notes Sec. Clinton's affirmation her support for gay rights both at home and abroad this week. Sec. Clinton also plans to extend benefits to gay and lesbian partners of American diplomats, according to CNN.

Marriage Equality in New Hampshire!

Governor Lynch signed the New Hampshire marriage equality bill about an hour after the NH House approved the measure this afternoon, according to MSNBC. New Hampshire is now the sixth state to recognize same-sex marriage and the fourth to do so this year.

New Hampshire House Passes Marriage Equality Bill

The New Hampshire House just passed a measure that grants full marriage equality in the state by a vote of 198 to 176. The bill will now be sent to Gov. Lynch, who has indicated that, with the most recent revisions, he will sign it.

NH Marriage Update

The New York Times reports that, as expected, the NH Senate approved the new version of the marriage equality bill. The NH House will vote on the bill this afternoon.

House vote should be coming soon. Watch live feed on the NH House website.

WH Press Secretary Gibbs on Obama's Pick for Secretary of the Army & DADT

When asked yesterday by Kerry Eleveld of The Advocate, White House Press Secretary Robert Gibbs stated that President Obama's nominee for secretary of the Army, Republican representative John McHugh, agrees with the president that Don't Ask, Don't Tell should be changed. Gibbs stated that, "[Changing DADT is] a priority of the president's and I think, for any number of reasons, we have a nominee that we hope will be confirmed quickly and will...help to improve the lives of the Army."

New Hampshire Legislature Expected to Vote on Revised Marriage Bill Today

The New Hampshire legislature will vote this afternoon on a revised version of a bill that would grant full marriage equality in the state if approved. The New York Times reported on the major changes to the bill since Gov. Lynch sent back the original version. The current bill contains more specific protections for religious organizations, societies, and associations.

Get updates throughout the day on Twitter from GLAD.

Pres. Obama's Proclamation on LGBT Pride Month

Pres. Obama issued a presidential proclamation on June 1st declaring this month Lesbian, Gay, Bisexual, and Transgender Pride Month.

Nevada Legislature Overrides Governor's Veto on Domestic Partnerships

CNN reported that over the past weekend both houses of the Nevada legislature voted to override Governor Jim Gibbons veto, thereby legalizing domestic partnerships in Nevada. The measure will extend some of the rights given to married couples to those in domestic partnership, including same-sex couples. The bill will take effect on October 1st.

Opposing Marriage Bills in Pennsylvania Legislature

Local KYW Newsradio reports that state Senator Daylin Leach (D- Montgomery & Delaware) plans to introduce a bill in the Pennsylvania Senate to extend full marriage equality to same-sex couples. Equality Advocates Pennsylvania states that the proposed legislation is currently circulating for co-sponsorship in the Senate. Senator Leach's announcement came days after Senator John Eichelberger (R-Blair) announced his intent to reintroduce a measure to amend the state constitution to ban gay marriage.

Cal. Supreme Court Upholds Prop. 8

Although I am sure that most of you know that the California Supreme Court released its decision yesterday, upholding Proposition 8, I thought it might be helpful to have some explanation of why and how.


I hope to read and summarize the main points of the opinion in the somewhat near future, but, in the meantime, here is a link to the full California Supreme Court opinion.

Press Release from LGBT Organizations Discouraging More Litigation

A coalition of organizations released a statement entitled, "Why the Ballot Box and Not the Courts Should Be the Next Step on Marriage in California." The statement warns against filing ill-timed lawsuits pursuing marriage equality based on the federal constitution. Instead, the organizations argue that the focus for the time being should be on state laws and public opinion. A federal lawsuit challenging Proposition 8 is simply too risky. The statement also draws a distinction between GLAD's challenge to federal DOMA and a federal lawsuit challenging Prop 8, stating that GLAD's lawsuit is carefully timed and narrowly tailored.

New York State Assembly Passes Gay Marriage Bill

The New York Times reported yesterday that the New York State Assembly passed the same-sex marriage bill by a vote of 89-52. The bill moves next to the state Senate, where a contentious debate is expected.

Maine Governor Signs Gay Marriage Bill

Today, Maine Governor Baldacci was the first governor to sign a bill allowing gay and lesbians couples to marry (Vermont achieved this by overruling the veto).

Full text of the law and bill tracking here.

The governor's full statement:

I have followed closely the debate on this issue. I have listened to both sides, as they have presented their arguments during the public hearing and on the floor of the Maine Senate and the House of Representatives. I have read many of the notes and letters sent to my office, and I have weighed my decision carefully. I did not come to this decision lightly or in haste.

I appreciate the tone brought to this debate by both sides of the issue. This is an emotional issue that touches deeply many of our most important ideals and traditions. There are good, earnest and honest people on both sides of the question.

In the past, I opposed gay marriage while supporting the idea of civil unions. I have come to believe that this is a question of fairness and of equal protection under the law, and that a civil union is not equal to civil marriage.

Article I in the Maine Constitution states that 'no person shall be deprived of life, liberty or property without due process of law, nor be denied the equal protection of the laws, nor be denied the enjoyment of that person's civil rights or be discriminated against.'

This new law does not force any religion to recognize a marriage that falls outside of its beliefs. It does not require the church to perform any ceremony with which it disagrees. Instead, it reaffirms the separation of Church and State," Governor Baldacci said. It guarantees that Maine citizens will be treated equally under Maine's civil marriage laws, and that is the responsibility of government. Even as I sign this important legislation into law, I recognize that this may not be the final word. Just as the Maine Constitution demands that all people are treated equally under the law, it also guarantees that the ultimate political power in the State belongs to the people.

While the good and just people of Maine may determine this issue, my responsibility is to uphold the Constitution and do, as best as possible, what is right. I believe that signing this legislation is the right thing to do.

See news coverage at MSNBC and CNN.

Maine Senate: First of Two Votes on Same-Sex Marriage Bill Passes 20-15

See coverage here and here.

Note to our readers: We apologize for the lack of posts recently, both Karissa and I are in finals.

Maine Legislature Debates & Votes on Same-Sex Marriage TODAY! Includes Live Video

Check it out here!

Here's the live video feed...

First Hate Crime Conviction for Transgender Murder

CNN reports that Allen Andrade was convicted in Colorado of first-degree murder and a bias-motivated crime and sentenced to life in prison without parole for the brutal murder of Angie Zapata, an 18 year old transgender woman on July 17, 2008. Andrade's conviction marks the first time in the country that a state's hate crimes statute resulted in a conviction in the murder of a transgender person.

Zapata and Andrade first met online in the summer of 2008. After a short time, they made arrangements to meet in person and Zapata took Andrade to her apartment. The defense, which repeatedly referred to Zapata as 'he,' argued that the murder was committed in the heat of passion after Andrade discovered that Zapata was biologically male. The prosecution argued that Andrade's attack was an "all-out blitz" and (correctly) referred to Zapata as 'she.' The jury returend the guilty verdicts after two hours of deliberation on Wednesday afternoon. A story from CBS4 Denver contains more details regarding the trial.

Currently, eleven states and the District of Columbia have gender identity and expression inclusive hate crimes laws.

For more information about Angie Zapata, visit www.angiezapata.com.

New York Gender Non-Discrimination Act Moves Forward

The Advocate reports that yesterday afternoon the New York State Assembly voted 97-38 in approval of a bill that would prohibit discrimination in the state based on gender identity and expression, known as GENDA. About a year ago, the Assembly passed the bill last year, but it was killed by the Republican-controlled Senate. The Senate is now controlled by Democrats with a narrow majority of 32-30, but the bill still faces an uncertain future as it heads to the State Senate, reports Gay City News. According to The Advocate, a March 2008 poll by Global Strategy showed that 78% of registered New York voters support a bill protecting transgender rights.

Live Stream: Maine Same-Sex Marriage Hearings

Check them out here:



Thanks Towleload!

Social Conservatives Losing (Already Lost?) Gay Marriage Fight

The New York Times has a great Op-Ed article on the US's shifting social attitudes toward same-sex marriage and on, what the author believes to be, the signs of social conservative desperation.

The most recent evidence, the author believes, is a video produced by the National Organization for Marriage ("gathering the storm"), which has been endlessly ridiculed on-line and which spurred numerous parodies (my favorite here).

This article came out just before the latest polling data on gay marriage in New York State. According to the Siena Research Institute (report here):

By a 53-39 percent margin, voters support the Senate passing a bill to legalize same sex marriages that would virtually ensure its becoming law. Democrats, independent and young voters, and women strongly support Senate passage. Republicans strongly oppose passage, with men, older voters, African Americans, and Protestants also opposed. Support is strongest in New York City. Every region of the state supports passage.

Although this is the first time a clear majority has favored same-sex marriage, the trends in New York have been changing rather quickly. According to Towleroad (quoting Empire State Pride Agenda):

In the past three years, Siena polling has shown support for marriage equality growing from 43% in 2007 to 46% last year to 53% this year and opposition dropping from 47% in 2007 to 40% last year to just 39% now...

Washington Post Omits Critical Facts in Article About Religion and Gay Anti-Discrimination Laws

The Washington Post has an article that discusses how "faith groups" are losing discrimination legal challenges when they discriminate based on sexual orientation. The article title is a bit misleading, because most of the article deals with organizations offering services to the general public. Religious groups engaging in the exercise of their religious beliefs are exempt from such laws.

I'm very concerned, and disappointed, that the Post left out really important facts from some of these situations. Here are a few examples

A Christian student group was not recognized at a University of California law school because it denies membership to anyone practicing sex outside of traditional marriage.

We blogged about this here. First, this is a public law school. Both the state of California and the law school have laws and policies that prohibit discrimination based on sexual orientation. Second, "outside of traditional marriage," is a euphemism for individuals who engage in “unrepentant homosexual conduct” (read the blog for supporting information). The Christian Legal Society barred anyone from becoming a member based on conduct arising from their attractions to people of the same sex, otherwise known as sexual orientation. As a sanctioned student organization, they would receive free services from the public law school (so from the state of California) -- that means that the citizens of California are supporting an organization that discriminates in a way that violates California law. Nothing stops this group of students from meeting and conducting activities without tax payers subsidies.

The Post again omitted critical details when it stated:

the Ocean Grove Camp Meeting Association, which lost a property tax exemption after it declined to allow its beachside pavilion to be used for a same-sex union ceremony.

The Post neglected to mention that the space in question is a public area for which the organization got a special tax exemption on the condition it was open to all members of the public. This is completely unrelated to their tax status as a religious organization. The article also failed to mention that the organization allowed other activities and weddings, regardless of whether they were religious or secular and regardless of the religion of the organizers to use the space. See the New York Times article here.

This is poor reporting from a venerable news paper.

IL Legislature Considers Civil Union Bill

Illinois House Bill 2234, if passed, would create civil unions available for same-sex partners with the same rights and responsibilities of marriage. It also provides that same-sex marriages and civil unions performed in other jurisdictions would be recognized as civil unions in Illinois.

The Chicago Tribune has an interesting article about why civil unions are preferred for at least some citizens of Illinois.

Full text of the bill available here. Bill was originally sponsored by Rep. Greg Harris (D- Chicago).
[Thanks to Pam's House Blend for the heads up.]

NY Governor Paterson Unveils Same-Sex Marriage Bill [UPDATED with Video]

The New York Times article begins:

Gov. David A. Paterson on Thursday announced he would introduce a bill to legalize same-sex marriage, drawing on the soaring oratory of the civil rights movement to call on the Legislature to add New York to the four states that have already authorized such unions.

The article goes into great depth over the political realities of the democratically controlled state assembly and senate, including responses and analysis from state law makers. Although same-sex couples cannot get married in New York, the state recognizes marriages conducted in other states and foreign nations.

Here is Governor Paterson's Speech, courtesy of NBC New York



Check out our past post here. Also Newsday's coverage here.

NY Judge Permits Same-Sex Adoption to Protect Federal and Other State Rights

According to Sexual Orientation and the Law, a NY judge has granted a second-parent adoption to the genetic mother of a child. It did so despite that NY law recognizes their Dutch marriage, which would automatically make both mothers the child's parents. The adoption was appropriate, however, because it protects the child-parent relationship under federal law and in states that do not recognize gay marriage.

New York Governor Plans to Introduce Same-Sex Marriage Legislation

CNN reports that New York Governor David Paterson will announce on Thursday his plans to introduce same-sex marriage legislation in the state Assembly. Though the governor's office would not confirm details of his Thursday announcement, but Assemblyman Micah Kellner informed CNN that he was asked by the governor's office to stand with the governor for his announcement. Paterson has, however, expressed his support for same-sex marriage in the past. When similar legislation was introduced by Former Gov. Eliot Spitzer in 2007 it passed the Assembly 85-61, but died in the Senate.

Counseling Student Sues University for Wrongful Dismissal When She Refused to Accept a Client's Homosexuality

According to the Ypsilanti Courier, an EMU counseling student, Julea Ward, is suing the university for wrongful dismissal in US District Court. During the winter 2009 semester Ward was acting as a counselor as a part of her master's program at the university when she was assigned a gay student. Ward informed her professor that she could not advise the student with regard to his relationship or sexual behavior because she refused to affirm homosexuality as morally acceptable.

University policy affirms a commitment to preventing discrimination based on sexual orientation. Additionally, the counseling department is bound by the American Counseling Association's code of ethics, which states that counselors cannot discriminate on any basis, including gender identity and sexual orientation, and prohibits counselors from imposing their own values on clients.

Ward's attorneys argue that she was wrongfully dismissed from the program based on her religious beliefs that sexual relationships should occur between a man and a woman and that individuals are capable of refraining from homosexual conduct.

NY Times Week in Review: SCOTUS Steers Clear of Gay Marriage

The New York Times has an article that discusses why the United States Supreme Court is likely to avoid gay marriage questions as long as possible. It basically posits that because of the severe backlash from Roe v. Wade justices are now weary of forcing gay marriage.

Also checkout Sexual Orientation and the Law's Post here. Thanks to How Appealing.

Lambda Legal Represents H.S. Students in Suit Against NY H.S.

Lambda Legal filed a lawsuit on behalf of Charlie Pratt and his sister, Ashley Petranchuk, on April 8, 2009. According to a press statement, Charlie "endured years of antigay harassment during his time at Indian River High School," and his sister was prohibited from starting a gay–straight alliance at the same school.

The action was filed in the Northern District of NY, Docket No. 7:09-CV-00411, and has been assigned to Judge Suddaby.

News Ten Now has a story on it here; thanks to Pam's House Blend for the lead.

Wis. Appelate Court Certifies Question on State's Same-Sex Marriage Constitutional Amendment

In McConkey v. Van Hollen, No. 2008AP1868, 2009 WL 943047 (Wis. Ct. App. Apr. 9, 2009), the Wisconsin Court of Appeals certified an appeal to the Wisconsin Supreme Court to consider the validity of the state's constitutional amendment banning same-sex marriage.

The certified appeal requires resolution of two issues:

• First, "whether Article XIII, Section 13 of the Wisconsin Constitution, commonly known as the marriage amendment, was enacted in violation of the single-subject rule set forth in Article XII, Section 1 of the Wisconsin Constitution."
  
  The constitutional referendum stated:
  

  Shall section 13 of article XIII of the constitution be created to provide that only a marriage between one man and one woman shall be valid or recognized as a marriage in this state and that a legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized in this state.
  

  The Wisconsin Constitution provides that an amendment that has been approved by a majority of both legislative houses in two consecutive sessions and then by a majority of votes in a general election, shall become law, provided that:
  

  if more than one amendment be submitted, they shall be submitted in such manner that the people may vote for or against such amendments separately.
  
  

• Second is a standing issue, specifically "whether a voter who would have voted the same way on each of two propositions included in a single-ballot referendum can claim to have personally suffered a direct injury by an alleged violation of the single-subject rule."

The Northwestern covered the story here.

NV Domestic Partnership Bill Passes Key Hurdle

Nevada State Senate Bill 283 creates domestic partnerships for same-sex and opposite-sex couples that give the same rights, protections, and privileges of marriage. It was voted out of the Senate Commerce and Labor Committee by a 4-2 vote and will now be considered by the full Senate, where democrats have a slim majority of 12-9.

The bill contains a provision prohibiting private and state public institutions from discriminating between married and partnered couples, sec. 6, § 7. The sponsor of the bill, however, reportedly amended it in committee to exempt local and state governments from being required to pay benefits to domestic partners, according to the Las Vegas Sun. The Nevada State Legislature website has not yet posted the text of the amendment.

As of 2002, the Nevada Constitution limits marriage to opposite-sex couples in an article ironically labeled "Declaration of Rights."

NH House Passes Transgender Anti-discrimination Bill

WMUR, a local station in Vermont, has an article that begins:

The New Hampshire House reversed itself Wednesday and passed a bill extending anti-discrimination protections to transgender individuals by a single vote.

Next, the bill goes to the Senate for consideration.

You can see the status and full text of the bill here.

[Thanks Towleroad.]

Push for Transgender Protections in New England

A recent Associated Press article discusses the push for protection for transgendered individuals in several states and the impact that this legislation can have on many individuals living in those states. The Massachusetts legislature is currently considering a bill that would add "gender identity and expression" to the state's non-discrimination and hate crimes laws. A similar Connecticut measure was killed in a legislative committee last week, but supporters are attempting to add it as an amendment to other legislation.

New Hampshire recently voted down similar legislation because of the fear that transgender people could use any bathroom. However, after being reconsidered yesterday, the New Hampshire House passed the bill by a vote of 188-187, according to Ms. Magazine. If enacted, the bill would add "gender identity and expression" to the state's already existing non-discrimination law.

Case Note: Res Adjudicata Barred Later Attack of Same-Sex Co-parenting Agreement

In Morris v. Hawk, No. 2008CA0009, 2009 WL 350915 (Ohio Ct. App. Feb. 10, 2009) the Ohio Court of Appeals of Richmond County considered a child custody case where a same-sex custodian couple later separated. One of the women in the relationship gave birth to their son, but soon there after both had sought and obtained joint custody. At both women's consent and request, custody was granted pursuant to an "entry" that was accepted by an Ohio court. In part, it stated that both parties agreed to share parental responsibilities.

After separation, the birth mother requested a declaratory judgment that the custodian entry was unenforceable, which the trial court granted. The Appeals Court remanded the trial court's determination and reasoned that the doctrine of res adjudicata applied. Under Ohio law, the doctrine provides that “[a] valid, final judgment rendered upon the merits bars all subsequent actions based upon any claim arising out of the transaction or occurrence that was the subject matter of the previous action.” (internal quotations omitted).

In a concurring opinion, Judge Edwards would have remanded on different grounds, which would be "dismiss the motion for declaratory judgment as a procedural nullity."

Washington State Legislature Amends Hate-Crime Law to Include Gender Expression and Identity

The Olympian has an article that begins:

Attacks against transgender people could be prosecuted as hate crimes under a bill approved Wednesday by Washington's Legislature.

Senate Bill 5952 changes the definition of "sexual orientation" to reference Washing Statute 49.60.040, which provides:

"Sexual orientation"means heterosexuality, homosexuality, bisexuality, and gender expression or identity. As used in this definition, "gender expression or identity" means having or being perceived as having a gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, self-image, appearance, behavior, or expression is different from that traditionally associated with the sex assigned to that person at birth[.]

The old definition, located in the current hate crime statute, defined sexual orientation as "heterosexuality, homosexuality, or bisexuality." Governor Chris Gregoire is expected to sign it into law.

In related news, Massachusetts is considering and Rhode Island is reconsidering "T-inclusive" non-discrimination bills.

Talks of Amending Iowa Constitution Shot Down

Senate Majority Leader Mike Gronstal (D-Council Bluffs) clearly stated that any effort to amend Iowa's constitution in order to overturn the state supreme court's decision legalizing same-sex marriage will not be taken up by the Senate. ABC News also reports that House Speaker Pat Murphy (D-Dubuque) praised the court's decision, though House Majority Leader Kevin McCarthy (D-Des Moines) has refrained from taking a stance at this point.

Andrew Sullivan reported in The Atlantic that Iowa's governor, Chet Culver, is also opposed to an amendment to the Iowa constitution, despite his own personal religious belief that same-sex marriages are not valid.

NY Times: Dueling Law Professors Over Iowa Same-Sex Marriage Decision

New York Times has a great blog post that features an analysis of the Varnum decision. Speaking for the pro-same-sex marriage side is Kenji Yoshino, a constitutional law professor at NYU Law school. And, speaking against same-sex marriage is Robert Nagel, a professor from University Colorado School of Law.

[Thanks to Sexual Orientation and the Law]

Russian Pride Activist Convicted of "Popularizing Homosexuality"

Interfax has a story that begins:

A court in Ryazan has found the organizers of two public events protesting homophobia guilty of popularizing homosexuality and ruled they be fined 1,500 rubles each.

Nikolay Bayev and Irina Fet were reportedly found guilty for carrying signs saying "Homosexuality is normal" and "I am proud of my homosexuality."

Ryazan is a city about three hours from Moscow. There are currently several appeals to the European Court of Human Rights regarding Moscow's refusal to permit gay pride parades, although a parade recently occured without the city's permission, according to an article in the UK Gay News.

[Thanks Towleroad!]

Washington, D.C. Council Votes Unanimously to Recognize Out of State Gay Marriages

On the same day as the historic passage of Vermont's gay marriage legislation, the D.C. Council voted 12-0 to approve a measure that will provide for the recognition in D.C. of same-sex marriages performed by other states. Council member Jim Graham (D-Ward 1) stated to the Washington Post that the amendment is simply a matter of "basic fairness," a notion that was apparently echoed this afternoon by his fellow Council members.

According to CNN, the Council plans to hold a final vote on May 5. The measure would then go to Mayor Adrian Fenty, who supports gay marriage. The final step, and a major hurdle, would then be review and vote by the US Congress, which has the final say on any DC legislation.

Vermont Legislature Overrides Governor's Veto!

The Senate voted 23-5 to override the governor's veto of the state's same-sex marriage bill. Vermont Freedom to Marry just issued a press release stating that the House voted 100-49 to override the veto.

Congratulations to Vermont Freedom to Marry and all others who worked tirelessly for this victory.

Update: See the coverage at the NY Times (AP Article) and Burlington Free Press (includes Video).

Same-sex Marriage Map

NPR has a great interactive map that describes the status of gay marriage, civil unions, and legislation or amendments banning gay marriage in every state.

[Thanks Towleroad]

Vermont Governor Douglas Vetoes Same-Sex Marriage Bill

Vermont Freedom to Marry issued a press release stating that the bill that would legalize same-sex marriage in Vermont was promptly vetoed late this afternoon by Gov. Douglas when it arrived on his desk. The override votes in both the Senate and House are expected to take place tomorrow, April 7th, sometime before lunch. In order for the Vermont legislature to override the governor's veto, the bill must have the support of at least 2/3rds of each house. The Senate had enough supporters as of the original vote on the bill two weeks ago. The House is less certain, as the initial vote last week was five shy of reaching the necessary 2/3rds. At least one house member who supports marriage equality was not present for last week's vote. Several other house members have stated that they will change their vote in an attempt to override the veto, citing discontent with what they see as the governor's lack of respect for legislators.

Burlington Free Press article on the veto, complete with PDF link to a statement from the governor.

As a side note, the head of Ben & Jerry's is among 17 Vermont CEOs to sign a petition urging the state legislature to override Gov. Douglas' veto.

North Dakota House Kills Antidiscrimination Amendment

The North Dakota House rejected Senate Bill 2278 that would amend the state's anti-discrimination law to include sexual orientation and gender identity.

Robin Weisz (R-Hurdsfield), the chairman of the House Human Services Committee, was quoted as saying, "[t]here’s a big difference between a behavior and a lifestyle and something you don’t have a choice in” and “I don’t think it’s needed. I believe it has consequences that aren’t in the best interests of this state, that do intrude on the rights of others who are also protected under this great constitution.”

See the North Dakota's tracking for Bill 2278 here and the full text here. For coverage of the rejection, see Bismark Tribune, KYFR-TV of North Dakota, and the Dickinson Press.

Rep. Conyers (D-MI) Introduces Bill That Includes Sexual Orientation for Federal Hate Crimes

On April 2, 2009 Rep. Conyers re-introduced H.R. 1913, "The Local Law Enforcement Hate Crimes Prevention Act of 2009," which was subsequently referred to the House Committee on the Judiciary, according to The Library of Congress.

Although the text of the bill is not yet available, the introductory remarks state that the bill will protect perceived sexual orientation and gender identity. The remarks cited some very disturbing FBI statistics...

Since 1991, the FBI has documented over 118,000 hate crimes. For the year 2007, the most current data available, the FBI compiled reports from law enforcement agencies across the country identifying 7,624 bias-motivated criminal incidents that were directed against an individual because of their personal characteristics. Law enforcement agencies identified 9,535 victims arising from 9,006 separate criminal offenses. As in the past, racially motivated bias accounted for approximately half (50.8 %) of all incidents. Religious bias accounted for 1,400 incidents (18.4 %) and sexual orientation bias accounted for 1,265 incidents--(16.6 %), followed by ethnicity/national origin bias with 1,007 incidents--(13.2%). While these numbers are disturbing, it is important to note that, for a variety of reasons, hate crimes are seriously under-reported.

Within the next few days, the full text of the legislation will be available here.

Initial Thoughts on Iowa Same-sex Marriage Case

In Varnum v. Brien, the Iowa Supreme Court unanimously held the state's ban on same-sex marriage was unconstitutional under the state constitution's equal protection clause. The Volokh Conspiracy Blog has a more detailed summary of the holdings of the case, but below are a few of my initial impressions.

• The opinion is very readable; Justice Cady wrote it so that everyone, lawyers and non-lawyers alike, can easily understand it.
  
  
• The Court held that discrimination based on sexual orientation requires at least intermediate scrutiny (court explicitly chose not to consider if it deserved strict scrutiny), which the statute failed to meet.
  
  
• Given the classic, but flawed, argument that children are best rasied by opposite-sex parents, I found the court's recognition that the argument lacks any support in science important. On page 55, in footnote 26 it said:
  

  The research appears to strongly support the conclusion that same-sex couples foster the same wholesome environment as opposite-sex couples and suggests that the traditional notion that children need a mother and a father to be raised into healthy, well-adjusted adults is based more on stereotype than anything else.

  In responding to the experts that the state offered, the Court also noted:
  

  [W]e acknowledge the existence of reasoned opinions that dual-gender parenting is the optimal environment for children. These opinions, while thoughtful and sincere, were largely unsupported by reliable scientific studies.

You can find the full text of the opinion here and our previous coverage of the Iowa case here.

UPDATE: Iowa Supreme Court has issued an official summary.

". . . Does the Convention on the Rights of the Child Impose an Obligation on States to Allow Gay and Lesbian Couples to Adopt?"

International Journal of Law, Policy and the Family has an article entitled "Public International Law and the Regulation of Private Spaces: Does the Convention on the Rights of the Child Impose an Obligation on States to Allow Gay and Lesbian Couples to Adopt?" in their April 2009 edition.

Abstract:

Opposition to the adoption of children by gays and lesbians is invariably based on the claim that such a practice is contrary to the rights and best interests of children. The aim of this article is to examine this claim in light of the provisions of the United Nations Conventions on the Rights of the Child. It will be argued that an approach to the interpretation of a child's rights and best interests which is based on empirical evidence reveals that there is no basis for sexual orientation to be a relevant consideration in assessing a person's suitability to adopt a child.

23 Int'l J.L. Pol'y & Fam. 110. SSRN page here.

"Intimate Discrimination: The State's Role in the Accident of Sex and Love"

The Harvard Law Review has an article by Elizabeth F. Emens, which begins:

This is a challenging moment for the law of discrimination. The state’s role in discrimination has largely shifted from requiring discrimination — through official policies such as segregation — to prohibiting discrimination — through federal laws covering areas such as employment, housing, education, and public accommodations. Yet the problem of discrimination persists, often in forms that are hard to regulate or even to recognize.

Chicago and 2 of its Officers Sued For False DUI Arrests & Harassing Gays

The Chicago Tribune reports that:

Seven federal lawsuits have been filed against a Chicago police officer that allege he made false DUI arrests, used excessive force and harassed gays and lesbians.

The suits were filed in the District Court for the Norther District of Illinois, where the plaintiffs make various claims, including claim false imprisonment, excessive force, malicious prosecution, and illegal search and seizure.

The latest complaints are available here, here, and here. See additional coverage at the Windy City Times and another Chicago Tribune article.

[Story discovered at Towleroad]

Iowa Supreme Court Rules Unanimously in Favor of Marriage Equality

Radio Iowa and Human Rights Campaign report that just a short time ago the Iowa Supreme Court ruled unanimously that discrimination against same-sex couples in granting marriage licenses is unconstitutional under the Iowa Constitution. More specific information regarding the case, Varnum v. Brien, can be found on Lambda Legal's website.

Here is another, more detailed article from MSNBC.

UPDATE: Iowa Supreme Court's opinion may be read here.

Vermont House Passes Same-Sex Marriage Bill

Late in the day on Thursday, after five hours of debate, the Vermont House passed the same-sex marriage bill by a vote of 95 to 52, just shy of the 2/3 that would be required to override a veto by Gov. Douglas, according to CNN. For more specific information on the text of the bill, known as "An Act to Protect Religious Freedom and Recognize Equality in Civil Marriage," see the Vermont House journal for April 2nd, beginning on page 9. The bill is scheduled for a final vote in the House on Friday and then will be returned to the Senate for a final vote before heading to the governor.

California Takes Next Step in the Lesbian Gay Bisexual Transgender Prison Safety Act

The Desert Sun, a newspaper in Palm Springs, CA, has an article that begins:

Gay rights advocates hailed the passage of the Lesbian Gay Bisexual Transgender Prisoner Safety Act in committee in the State Assembly this week as an important step toward protecting a vulnerable prison population.

AB 382, if passed, "would add the sexual orientation and gender identity . . . to the list of characteristics to be considered" when the Department of Corrections and Rehabilitation "classif[ies] inmates and wards in order to prevent inmate and ward sexual violence and to promote inmate and ward safety."

For details on the bill, see the bill tracking at the website for the California Legislature.

Same-Sex Marriage Update: Iowa, Vermont, & Maine

Iowa: The Iowa Supreme Court's decision on same-sex marriage is expected to be handed down tomorrow morning at 8.30am, according to On Top Magazine. The issue in the case, Varnum v. Brien, is whether the state's ten year old DOMA is unconstitutional. The Polk County District Court held that the state's restriction on marriage was unconstitutional on August 30, 2007. On August 31, 2007, one gay couple was legally married in Iowa as a result of the lower court's ruling. The brief window of legal same-sex marriage in Iowa was closed later on August 31st when Polk County filed an appeal to the Iowa Supreme Court and the District Court granted a stay on the decision pending appeal to the Supreme court. More information regarding the case can be found on Lambda Legal's website.


Vermont: The AP reports that it is expected that the Vermont House of Representatives will vote on the state's same-sex marriage bill by the end of today. If passed, the bill will then be sent to Gov. Douglas, who is expected to veto the bill.


Maine: The offices of legislators in Maine are being flooded by messages from constituents with about three weeks until a hearing on the state's same-sex marriage bill, according to a local news source, seacoastonline.com. The hearing will take place on April 24th.

Sweden Legalizes Same-Sex Marriage

After a six hour debate Wednesday morning, the Swedish parliament approved a bill to legalize same-sex marriage, according to the Independent Online and EarthTimes. The measure was approved by a vote of 261 to 22, with 16 abstentions. It was supported by six of the seven parties in the parliament. The new legislation will become effective May 1, 2009.

First Same-Sex Divorce in New York State

A judge in New York State recently permitted the divorce of a same-sex couple living in New York but married in Toronto Canada, reports Pressconnects.com, a Greater Binghamton news outlet.

Same-sex couples cannot get marriage licenses in New York State (see Hernandez v. Robles), but as per a directive signed by Governor Paterson last May, New York recognizes gay marriages performed in other jurisdictions (see New York Times "New York to Back Same-Sex Unions From Elsewhere").

Thanks to Family Law Tweets and NY Divorce Report for reporting on this!

CT Bill Confroming State Law to Same-Sex Marriage Decision Heads to Senate

A bill removing gender references in Connecticut's marriage laws and transforming the already existing same-sex civil unions to legally recognized marriages as of October 2010 was endorsed by the Connecticut Judiciary Committee by a vote of 30 to 10 on Monday, reports newsday.com. The bill also revokes language contained in the 1991 non-discrimination law that explicitly states that Connecticut does not condone same-sex marriage. The bill is intended to bring Connecticut law into conformity with the state Supreme Court's ruling last fall in Kerrigan v. Commissioners of Public Health legalizing same-sex marriage. The next step for the bill is review by the state Senate.

Idaho Tackles HIV and Tort Law Policy Questions in Cramer v. Slater

The Leonard Link has an interesting brief of a recent Idaho Supreme Court Case, Cramer v. Slater, that considers the tort policy issues surrounding a doctor incorrectly reporting the results of an HIV test. As Leonard Link describes, this case has a peculiar twist:

[O]ne of the defendants, Idaho Center for Reproductive Medicine, is being sued in connection with the apparent suicide of an HIV+ man who was told by ICRM that he was not infected with HIV, only to discover more than a year later that he was infected.

Vermont Moves One Step Closer to Same-Sex Marriage

According to the Rutland Herald, Tuesday morning, the Vermont House Judiciary Committee voted 8-2 in favor of the same-sex marriage bill, sending it to the full House for a vote later this week or early next week. Even if the bill passes the full House, it still faces veto by Gov. James Douglas.

West Virginia: No Constitutional Amendment Banning Same-Sex Marriage

The Charleston Daily Mail reports that West Virginia House of Representatives voted down an attempt to consider a constitutional amendment defining marriage as one man and one woman before the whole House, apparently leaving it stranded in committee for the rest of the year. The vote was nearly perfectly along party lines, with 67 democrats voting to prevent consideration before the full house and 29 republications, and one defecting democrat, voting against it.

Thanks to Towleroad for the story. See their other West Virginia coverage: consideration of a anti-discrimination bill and first LGBT rights group in the state.

Iraqis Sentenced to Death for Being LGBT?

An Iraqi LGBT group based in the United Kingdom reported that many of the over 120 individuals currently on death row in Iraq were arrested and convicted for nothing more than being LGBT. Amnesty International has called for investigations into the high rate of civilian casualties, particularly those with discriminatory motives.

During a recent visit to the European Parliament, Secretary of State Clinton stated the following in response to a question posed by a gay activist from Moldova: "Human rights is and always will be one of the pillars of our foreign policy. And in particular, the persecution and discrimination against gays and lesbians is something that we take very seriously. It is terribly unfortunate that right now in unfortunately many places in the world violence against gays and lesbians, certainly discrimination and prejudice are not just occurring but condoned and protected. And we would hope that over the next few years we could have some influence in trying to change those attitudes..."

Thanks to Michael Jones for his reporting on this issue.

Gates: "let's push that one down the road a little bit," referring to Don't Ask Don't Tell

Multiple outlets are reporting that Defense Secretary Gates said any change to Don't Ask Don't Tell will be pushed back. Talking about the policy, he said

I think the president and I feel like we've got a lot on our plates right now and let's push that one down the road a little bit.

Check out Fox, ABC, and The Advocate's coverage.

Japan Permits Foreign Nationals to Enter Same-Sex Marriages Abroad

The Japan Times Reports that

[t]he Justice Ministry plans to clear the path for Japanese nationals overseas to marry same-sex partners who are citizens of countries where such unions are legal, ministry sources said Thursday.

Japanese nationals seeking to marry abroad require a certificate that can be obtained by "submitting documents that include their name, birth data, sex and nationality, and similar information about their marriage partner."

The change appears to be that now same-sex partners will be able to obtain these certificates; in the past, the Japanese government refused to issue them. Based on the text of the article, however, it is still unclear whether the Japanese government will honor those foreign marriages with the same rights and responsibilities as heterosexual marriages.

Thanks to Towleroad for the story. Other coverage includes The Daily Dish and Breitbart.

Same-Sex Marriage Issue Hot in New England

Legislatures in three New England states -- Maine, Vermont, and New Hampshire -- are considering laws granting full marriage rights to same-sex couples. The AP has an interesting article describing the focus of these latest efforts in New England.

Federal Tax Implications of Same-Sex Marriages

The Tax Vixens, a blog about federal tax law, discusses the tax implications of the federal Defense of Marriage Act on same-sex married couples, particularly in community property states like California.

Thanks to Sexual Orientation and Law for the tip off.

More Marriage Equality News from Across the Country

New Hampshire


The Associated Press reports that today the New Hampshire House, by a vote of 186 to 179, approved a same-sex marriage bill to be sent to the Senate. The future of the bill in the state Senate is uncertain.


Washington


The Washington state House Judiciary Committee approved a bill today that would give domestic partners all the same state rights that accompany marriage by a vote of 7 to 4, according to seattlepi.com. The bill is expected to head to the House Ways and Means Committee next. The State Senate passed the bill by a vote of 30 to 18 earlier this month.

New Birth Certificate Policy in NYC

Silive.com reports that the New York City Board of Health voted on Tuesday, March 24th to allow lesbian couples to list both women as parents on their child's birth certificate from the outset where one of them gives birth. Male couples are still unable to list both of their names on the birth certificate at the outset because of the requirement to list the name of the birth mother and must still go through the legal adoption process.

Marriage Equality in D.C.?

The Washington Blade reports that an e-mail has been circulated to D.C.-area religious leaders that says that D.C. Council Member David Catania may introduce a marriage equality bill in April. However, Catania's office will not confirm a specific date for introducing the marriage bill. The e-mail was sent by Rabbi Robert Saks and asks for support for the bill from area religious leaders, as strong opposition from conservative clergy and others in Washington.

Hawaii Civil Union Bill Dies in Senate

With the Hawaii civil union bill stalled in committee, the state Senate was unable to pull it out of the committee, reported The New York Times. The Senate voted 18-6 in opposition of the motion to lift the bill to the full Hawaii Senate. The state Constitution requires 9 votes in order for this type of motion to pass. Senate Judiciary Chairman Brian Taniguchi expressed hope that the bill could be amended and revived, but that this probably would not happen until next year.