lawsuit browsing by tag


China Gay Cure Clinic Sued

Tuesday, July 29th, 2014

Great Wall of ChinaA China gay cure clinic is being sued by LGBT activists.

Pink News reports:

Campaigners in China have taken a clinic to court over its backing of gay-to-straight conversion therapy. It’s the first time a lawsuit of this kind has been staged in the country. China declassified homosexuality as a mental illness in 2001, but scores of clinics still seek to provide so-called conversion therapy. Dr Zhou Zhengyou, of the Nanjing Urban Psychiatric Consultancy Centre, claims to have successfully “cured” 70% of his gay patients. He charges $120 (#70) a session. LGBT activists have begun a legal challenge against the clinic. The case will be heard in court on Thursday.

Wow – this is the first time I’ve heard of such action being taken in Asia, and in China, no less!

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Louisiana Marriage Equality Ruling Due Shortly

Monday, July 28th, 2014

Louisiana mapA federal judge says he is ready to rule in the Louisiana marriage equality case.

On Top Magazine reports:

A federal judge has signaled he’s ready to rule on a challenge to Louisiana’s gay marriage ban… U.S. District Judge Martin Feldman, who was nominated to the bench by Republican President Ronald Reagan, heard arguments in the case last month in New Orleans. Feldman has already stated that he wants to broaden the case’s scope to include whether gay couples should be allowed to wed in the state, saying it would be unfair to rule “piecemeal.”

Waiting breathlessly on Arizona and Louisiana…

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Arizona Marriage Equality Ruling Could Come at Any Time

Monday, July 28th, 2014

Arizona mapThe ruling in an Arizona marriage equality case could come down at any time.

AZ Central reports:

The future of marriage for same-sex couples in Arizona rests in a judge’s hands, with a decision possible anytime… The pending ruling in Connolly vs. Roche, the first of two Arizona lawsuits challenging the state’s definition of marriage as only between one man and one woman, will become one of more than a dozen issued in federal District Courts over the past year. Judges have ruled in favor of allowing same-sex couples to marry in all the other cases. The second Arizona case, Majors vs. Horne, is before the same judge, but the parties have until late October to file arguments.

As more and more of these rulings come down in our favor, you have to wonder if there will be any contrary rulings, and if not, will the US Supreme Court still feel compelled to take one (or more) of the cases?

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Florida Marriage Equality Takes Another Step Forward in Miami

Saturday, July 26th, 2014

FloridaAnother Florida marriage equality ruling – this one from a state judge in Miami-Dade County.

Equality on Trial reports

A state judge in Miami-Dade County, Florida, has struck down the same sex marriage ban, in a case brought by the National Center for Lesbian Rights (NCLR). The case was argued earlier this month. The court noted the long string of wins in court – this decision is the thirty-second win – in striking down the ban: “The recognition that the right to marry encompasses categories of people not traditionally considered to be accorded that right has been slow in coming, but it has become increasingly obvious that it is not constitutionally permissible to deny same-sex couples the right to marry.”

The decision has been put on hold pending appeal.

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Tenth Circuit Rules Oklahoma Marriage Equality Ban Unconstitutional

Friday, July 18th, 2014

Oklahoma Marriage Equality Case in Legal LimboThe same panel that found Utah’s ban on same sex marriage unconstitutional just struck down the Oklahoma marriage equality ban.

The Advocate reports:

The U.S. Court of Appeals for the Tenth Circuit ruled Friday that Oklahoma’s ban on marriage equality is unconstitutional, and that couples should be able to wed. This is the second time a three-judge panel from the Denver-based court has found that a state’s ban is unconstitutional. In June, the same panel came to the same conclusion around Utah’s ban on same-sex marriage. According to the Associated Press, Friday’s ruling is the first time a federal appellate court ruled that the Supreme Court’s 2013 ruling striking down a section of the Defense of Marriage Act also meant that states could not deny same-sex couples the right to marry. As of now, marriages for same-sex couples both in Oklahoma and Utah will remain on hold. This is the 26th consecutive federal or state court ruling to come down on the side of marriage equality since the Windsor ruling in June 2013.

Woohoo! Closer and closer to the US Supreme Court…

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Colorado Judge Refuses to Halt Weddings; AG Appeals to State Supreme Court

Tuesday, July 15th, 2014

Colorado Attorney General John SuthersColorado’s marriage equality saga continued yesterday, as the Judge in Denver who overturned the state’s ban refused to block the city from giving marriage licenses to gays and lesbians.

LGBTQ Nation reports:

A judge on Monday refused to stop a Denver clerk from issuing marriage licenses to same-sex, despite a still-active ban against the practice. Colorado District Judge C. Scott Crabtree last week ruled that the state’s 2006 voter-approved gay marriage ban was unconstitutional. But he put that ruling on hold pending appeal, meaning the Colorado ban remains in place… Suthers’ office late last week asked Crabtree to order Johnson to stop the marriages, saying that allowing the licenses to be issued despite the court’s stay “will undermine Coloradans’ confidence in their government.” On Monday, Crabtree refused. He noted the licenses were not issued in response to his ruling and said he had no jurisdiction to suspend them.

Now Suthers is asking the state’s highest court to step in, ignoring the Governor’s request to drop his appeals.

USA Today reports:

Colorado’s attorney general asked the state Supreme Court to block county clerks Monday from issuing licenses for same-sex marriages, saying he will defend the state’s ban against gay marriage all the way to the U.S. Supreme Court… “It appears very likely that, either judicially or politically, Colorado is going to have same-sex marriage,” Suthers said after asking the state’s high court for the stay. “But that is no excuse for abandoning the legal processes by which legal change or political change comes about.”… Because this is a direct appeal on a constitutional issue, the Colorado high court must take the case, bypassing the state court of appeals. The district court has 90 days to send the record of its case to the state Supreme Court in Denver, which will then set a schedule for briefings in the case.

So will the courts move quickly on this issue or not? In New Mexico, the dissent among county clerks was enough to push the court to issue a quick ruling legalizing marriage equality – it would be great to see that happen here, too.

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Will the US Supreme Court Take the Utah Marriage Equality Case?

Sunday, July 13th, 2014

Utah MapFor Utah, it’s Supreme Court or bust. After losing its appeal and becoming the first state in which a federal appeals court found marriage to be a fundamental right of all people — gay, straight or otherwise — Utah is done biding its time. The state wants resolution and finality. And it wants it now.

This week, Utah bypassed another appeal to the full 10th Circuit. The state will instead appeal directly to the U.S. Supreme Court “in coming weeks,” the attorney general’s office said.

The Kitchen v. Herbert lawsuit, which toppled Utah’s same-sex marriage ban late last year, is the first state same sex marriage lawsuit to go through the appeals processes and is first in line to reach the Supreme Court. But, experts warn, the path to the highest court in the country is anything but simple. The U.S. Supreme Court, which is on its summer hiatus until October, has complete discretion over whether it will hear the case.

Authored By Marissa Lang – See the Full Story at The Salt Lake Tribune

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Judge Rules Boulder Clerk Can Continue to Issue Marriage Licenses

Thursday, July 10th, 2014

Boulder County Clerk Hillary HallIn something of a surprise decision, a Colorado judge has given Boulder County Clerk Hillary Hall the ok to continue giving marriage licenses to same sex couples.

SDGLN reports:

A Boulder County clerk who has been issuing marriage licenses to same-sex couples in defiance of Colorado’s gay-marriage ban can continue, a judge ruled Thursday. Boulder County Judge Andrew Hartman decided county clerk Hillary Hall can ignore a federal stay on a ruling from the 10th U.S. Circuit Court of Appeals in Denver that states cannot set gender requirements for marriage. The judge said gay marriage is still technically illegal in Colorado but that Hall’s behavior was not harming anyone. But he said all who receive a license should be warned that they could still be invalid if a judge finds after trial that Hall didn’t have the authority to issue them.

Many had expected the marriage equality ruling in Colorado that was immediately stayed to stop Hall from issuing more licenses. Will this ratchet up pressure on the State Supreme Court to expedite the appeal of yesterday’s ruling?

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Colorado Marriage Equality – The Other Lawsuit

Thursday, July 10th, 2014

Boulder County Clerk Hillary HallSo there was big news out of the state yesterday as a judge struck down the Colorado marriage equality ban. But there was another trial going on at the same time.

The Denver Post reports:

The normally static courtroom erupted with applause and rumbled with scoffs as attorneys argued whether the Boulder County Clerk’s office is breaking the law by issuing marriage licenses to same-sex couples. Spectators inside the packed courtroom Wednesday — including couples who received their marriage license from the Boulder office — struggled to contain their emotions as the Colorado Attorney General’s Office asked the judge to temporarily order Boulder Clerk and Recorder Hillary Hall to stop issuing same-sex marriage licenses.

No word yet on whether the judge will force Hall to stop issuing the licenses. The Colorado judge who struck down the ban also stayed the ruling, but Hall has been operating under her understanding of the tenth circuit Utah decision. Do what happens now?

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Utah Marriage Equality Case to Be Appealed to Supreme Court

Thursday, July 10th, 2014

Utah Attorney General Sean ReyesAttorney General Sean Reyes announced that he will appeal the Utah marriage equality case directly to the US Supreme Court, skipping an en-banc hearing at the 10th Circuit.

ABC reports:

Utah is going directly to the nation’s highest court to challenge an appellate ruling that gay couples have a constitutional right to marry, the state attorney general’s office announced Wednesday. If the U.S. Supreme court decides to take the case, it will be the first time the top court considers gay marriage since justices last year struck down part of the federal Defense of Marriage Act. “It is a milestone that when the Supreme Court reconvenes in October, there will be at least one (gay marriage) petition pending,” said Jon Davidson, director of Lambda Legal, which pursues litigation on LGBT issues nationwide.

My understanding is that if the Supremes decline to take the case, marriage equality would pretty much immediately become the law of the land in Oklahoma, Kansas, Colorado, Wyoming, and Utah. What do you think the odds are that the Court takes the case?

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