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.

VT Governor Intends to Veto Same-Sex Marriage Bill

WCAX, a Vermont news channel, reports that Governor Douglas intends to veto the same-sex marriage bill if it passes the state house of representatives. The Vermont legislature can override the veto with a tw0-thirds majority. See our previous post. Thanks Towleroad.

UPDATE: New York Times reporting Gay Marriage In Vermont Faces Veto By Governor.

UK Criminal Law Prohibiting Threatening Speech Against Gays May Lose Free Speech Protection

Part 3A of the Public Order Act of 1986, as amended, criminally prohibits a variety of speech intended to "stir up" religious hatred or hatred "on the grounds of sexual orientation." The law today has a section protecting free expression, which provides:

29J Protection of freedom of expression

Nothing in this Part shall be read or given effect in a way which prohibits or restricts discussion, criticism or expressions of antipathy, dislike, ridicule, insult or abuse of particular religions or the beliefs or practices of their adherents, or of any other belief system or the beliefs or practices of its adherents, or proselytising or urging adherents of a different religion or belief system to cease practising their religion or belief system.

In a bill currently before the UK Parliament, the houses are considering repealing section 29J entirely (Section 58 of the Coroners and Justice Bill). Some believe this would have the effect of criminalizing comedy routines and other dramatic productions. Others believe that it would provide a huge loop hole for threatening and harassing remarks against gays and lesbians. Hat tip to the Lesbian and Gay Foundation's news page.

Please Note: the UK Statute Law Database hasn't consolidated the Racial and Religious Hatred Act 2006, which added the original Part 3A that only applied to speech stirring up religious hatred, into Public Order Act of 1986. It also has not consolidated the later amendment, Criminal Justice and Immigration Act 2008, that later added sexual orientation. For the text of those sections, please see the laws linked above.

Public Law School Christian Student Organization Can't Discriminate By Sexual Orientation or Religion

The Univ. of Cal. Hastings College of Law policy requiring all its student organizations --including the Christian Legal Society ("CLS")-- to accept of members of all faiths and sexual orientations does not violate the U.S. Constitution, according to Northern District of California and the 9th Circuit in Christian Legal Soc. Chapter of University of California v. Kane.

CLS affiliated with the National Christian Legal Society ("CLS-National") during the 2004-2005 school year. CLS-National requires all its members to sign a "Statement of Faith," which provides:

Trusting in Jesus Christ as my Savior, I believe in:

• One God, eternally existent in three persons, Father, Son and Holy Spirit.
• God the Father Almighty, Maker of heaven and earth.
• The Deity of our Lord, Jesus Christ, God's only Son conceived of the Holy Spirit, born of the virgin Mary; His vicarious death for our sins through which we receive eternal life; His bodily resurrection and personal return.
• The presence and power of the Holy Spirit in the work of regeneration.
• The Bible as the inspired Word of God.

The district court also noted that

CLS will not permit students who do not sign the Statement of Faith to become members or officers. CLS also bars individuals who engage in “unrepentant homosexual conduct” or are members of religions that have tenets which differ from those set forth in the Statement of Faith from becoming members or officers.

In affirming the district court, the entirety of the 9th Circuit opinion said:

The parties stipulate that Hastings imposes an open membership rule on all student groups-all groups must accept all comers as voting members even if those individuals disagree with the mission of the group. The conditions on recognition are therefore viewpoint neutral and reasonable. Truth v. Kent Sch. Dist., 542 F.3d 634, 649-50 (9th Cir.2008).

Citation to district court opinion: 2006 WL 997217.

6th Circuit Upholds School Policy Prohibiting Insulting and Stigmitizing Remarks Against a Student's Sexual Orientation

The Sixth Circuit affirmed the Eastern District of Kentucky in Morrison v. Board of Educ. of Boyd County, holding that Plaintiff's "claim for nominal damages premised upon a “chill” on his speech during the 2004-05 school year [does not] present[] a justiciable controversy."

The policy provided that

unlawful behavior based on race, color, national origin, age, religion, sex [,] actual or perceived sexual orientation or gender identity, or disability that is sufficiently severe, pervasive, or objectively offensive that it adversely affects a student's education or creates a hostile or abusive educational environment.

and

[h]arassment/discrimination is intimidation by threats of or actual physical violence; the creation by whatever means, of a climate of hostility or intimidation, or the use of language, conduct, or symbols in such manner as to be commonly understood to convey hatred, contempt, or prejudice or to have the effect of insulting or stigmatizing an individual.

Gay Students at the Center of Bullying Debate in Minnesota Senate

The Minnesota Senate education committee approved a bill today that would require schools to write policies prohibiting "harassment, bullying, intimidation and violence" based on a student's race, color, creed, religion, national origin, sex, marital status, disability, socioeconomic status, sexual orientation, gender identity or expression, age or physical characteristics, reports a local Minnesota newspaper. The bill is now up for vote by the full state Senate. Much of the debate has focused on the bill's inclusion of sexual orientation and gender identity/expression because of opponents' belief that the bill will lead to statewide curriculum that will "favor the gay lifestyle." Proponents argue that the bill, including its specific categorizations of types of bullying, is necessary in order to fight against the constant harassment of Minnesota students.

US to Sign UN Gay Rights Declaration

MSNBC.com reported last week that the US intends to endorse a UN declaration that calls for the decriminalization of homosexuality worldwide. Former Pres. Bush refused to sign the declaration, but anonymous government officials reported last Tuesday that the US has requested to be added to the list of supporters. 66 of the 192 UN member states signed the declaration. Homosexuality is outlawed by 70 UN members, some of which punish homosexual acts by execution.

Vermont Senate Passes Same-Sex Marriage Bill 26-4

USA Today reports that the Vermont Senate passed a bill permitting same-sex couples to marry by a margin of 26 to 4. The bill now goes to the House, where the Speaker believes it will pass. The Governor has not stated whether he intends to veto, sign, or permit the the legislation to become law without his signature, although he has previously stated marriage should be between a man and a woman. If the bill becomes law, Vermont will be the first state to grant same-sex couples the right to marry through a legislative process.

See Burlington's Free Press Coverage here. Text of the bill, S. 115, is available at the Vermont Legislative Bill Tracking System.

Kerry Requests Asylum For Same-Sex Spouse

The New York Times reports (in an AP article) that Senator John Kerry has requested the Obama Administration to grant asylum to a gay man who married an American citizen but was later forced to return to Brazil, his native country.