By Dana Rudolph on May 6, 2010
New York State’s highest court ruled this week that a non-biological mother has the right to seek custody and visitation of the child she and her ex-civil union partner planned for and created together. But the decision falls short of what many LGBT civil rights activists had hoped for.
Posted in Law, News, State Courts
By Lisa Keen on May 2, 2010
For the second time this month, the U.S. Supreme Court’s most conservative member, Justice Antonin Scalia, on Wednesday took a surprising position—one that is helpful to gay civil rights.
Posted in Federal Courts, Law, News, U.S. Supreme Court
By Lisa Keen on April 29, 2010
No on 8 groups turned over CDs of “highly confidential” material to attorneys for the Yes on 8 coalition this week, ending a months-long effort to fight a court order to do so.
Posted in Federal Courts, Law, Lawsuits, News
By Lisa Keen on April 24, 2010
In an historic move, President Obama this month nominated an openly gay person, Edward DuMont, to a federal appeals court judgeship—the first such openly gay nomination at that level. He also becomes the first openly gay man to be nominated to a federal judgeship.
Posted in Federal Courts, Law, News
By Lisa Keen on April 22, 2010
A sidelines skirmish over document production in the Proposition 8 lawsuit rages on this month, forcing the continued delay of closing arguments and, ultimately, a decision on the constitutionality of California’s ban on same-sex marriage. And Ted Olson, the well-known conservative attorney leading the litigation against the ban, accused the ACLU and Yes on 8 proponents of “delaying the progress” of the trial.
Posted in Federal Courts, Law, Lawsuits, News, News Briefs
By Lisa Keen on April 21, 2010
In what may be a legal first, a national gay legal group has filed suit against a national gay sports group for discriminating based on sexual orientation—against straights and bisexuals.
Posted in Federal Courts, Law, Lawsuits, News
By Lisa Keen on April 20, 2010
By the time a lawsuit reaches the U.S. Supreme Court, the facts of the conflict are rarely in dispute. But Monday’s oral argument at the Supreme Court revealed a great deal of confusion over those very basic facts of the case.
Posted in Law, News, U.S. Supreme Court
By Lisa Keen on April 17, 2010
The confirmation hearing Friday, April 16, for a well-known liberal nominee to a federal appeals court deteriorated quickly into a political battlefield. Republicans seemed intent on settling old scores.
Posted in Congress, Federal Courts, Issues, Law, News, Nominees, Politics
By Lisa Keen on April 15, 2010
The White House has begun floating trial balloons for candidates President Obama might appoint to the U.S. Supreme Court to replace retiring Justice John Paul Stevens.
Posted in Federal Courts, Law, News, Politics, U.S. Supreme Court, White House
By Lisa Keen on April 13, 2010
A 9th Circuit U.S. Court of Appeals panel dismissed the appeal of two groups opposing Proposition 8 in which the groups sought to stop a district court order that they turn over documents to Yes on 8 groups.
The three-judge panel said it lacks jurisdiction at this point to review U.S. District Judge Vaughn Walker’s order that the groups—which are not a party to the Perry v. Schwarzenegger lawsuit.
Posted in Federal Courts, Law, Lawsuits, News, News Briefs
By Lisa Keen on April 11, 2010
Some court observers credit U.S. Supreme Court Justice John Paul Stevens with having forged a majority of the court to overturn laws banning private sexual relations between persons of the same sex—the most beneficial gay-related decision ever rendered by the Supreme Court.
Posted in Law, News, U.S. Supreme Court
By Lisa Keen on April 9, 2010
U.S. Supreme Court Justice John Paul Stevens, who turns 90 this month, announced today he will retire from the high court at the end of June. The potential impact of the retirement will be measured once President Obama nominates a replacement who is confirmed by the Senate.
Posted in Law, News, U.S. Supreme Court
By Lisa Keen on April 7, 2010
When Concerned Women of America, the Boy Scouts, and Evangelical Scholars line up on one side of a legal case, one might naturally assume that gay groups are lined up on the other side.
Christian Legal Society v. Martinez is not that case—at least not perfectly.
Posted in Law, News, U.S. Supreme Court
By Lisa Keen on March 25, 2010
The Senate Judiciary Committee was squaring up for a showdown this week over President Obama’s most controversial judicial nominee to date, but that showdown has been indefinitely delayed, while Republicans use a parliamentary delaying tactic on the companion bill to the health care reform law.
Posted in Congress, Federal Courts, Law, News, Nominees, Politics
By Lisa Keen on March 24, 2010
A snag in completion of the landmark Proposition 8 trial has now become a full-fledged entanglement. The issue? Whether three groups that are not a party to the Perry v. Schwarzenegger lawsuit can be forced to turn over their own e-mails and memoranda to the defendants in the case.
Posted in Federal Courts, Issues, Law, Lawsuits, Marriage/Relationships, News
By Lisa Keen on March 23, 2010
A lesbian high school senior won a partial victory in a federal court in Mississippi Tuesday. U.S. District Court Judge Glen Davidson, a Reagan appointee, ruled that senior Constance McMillen, 18, had a First Amendment right to attend her senior prom with the date of her choice and wearing the clothes of her choice.
Posted in Cases, Federal Courts, Issues, Law, Lawsuits, News, News Briefs
By Lisa Keen on March 11, 2010
The U.S. Supreme Court continues its unpredictable foray into LGBT-related legal conflicts—this week announcing that it will decide whether a protester has a First Amendment right to use a private funeral service as a staging ground for their hate speech against gays.
Posted in Federal Courts, Law, News, U.S. Supreme Court
By Chuck Colbert on March 3, 2010
A new law takes effect today in the nation’s capital, granting equal rights in marriage licensing for gay couples. Washington, D.C.’s marriage equality legislation becomes law in spite of a Herculean effort by opponents to block its implementation.
Posted in Issues, Law, Marriage/Relationships, News, State Courts
By Lisa Keen on March 3, 2010
U.S. Supreme Court Chief Justice John Roberts on Tuesday evening denied a request to stop Washington, D.C.’s new marriage equality law from going into effect Wednesday, March 3.
Posted in Ballot Measures, Federal Courts, Issues, Law, Marriage/Relationships, U.S. Supreme Court
By Lisa Keen on February 24, 2010
The battle over equal rights to marriage has dominated much of the news concerning the LGBT civil rights movement for the past 17 years, but there have been gains recently in the battle over gay family rights in general. And in just the past week, there were important developments in two significant courts.
Posted in A closer look, Cases, Federal Courts, Issues, Law, Lawsuits, News, State Courts, U.S. Supreme Court
Ginsburg on Roe: Is it a signal she’d curb a decision on marriage?
Leahy submits language to help bi-national same-sex couples
Delaware votes for marriage equality; becomes 11th state to make it the law
Rhode Island marriage law signed; Two more states could vote next week
President praises pro athlete Jason Collins for courage to come out
Rhode Island marriage bill clears final hurdle with all Republicans