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OH, USA: Attorney General Seeks Dismissal of Lawsuit Against Marriage Equality Measure

Wednesday, May 2nd, 2012

Ohio Attorney General Seeks Dismissal of Lawsuit Against Marriage Equality MeasureOhio’s attorney general has asked the state Supreme Court to dismiss a lawsuit by a group that wants to keep a pro-marriage equality proposal off the ballot.

Atty. Gen. Mike DeWine (pictured) last month approved the language of the measure, which would repeal a state constitutional amendment that bans same-sex marriage and replace it with an amendment permitting marriage between any two people regardless of gender.

DeWine said that while he opposes same-sex marriage, his opinion has no bearing on the matter. He was simply performing the duties of his office in certifying that the wording is a “fair and truthful statement of a proposed constitutional amendment” to go before voters, The Columbus Dispatch reports.

Full Story from The Advocate

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TX, USA: Transgender Widow Sues for Husband’s Benefits

Monday, April 30th, 2012

TX, USA: Transgender Widow Sues for Husband's BenefitsNikki Araguz, a transgender widow of a firefighter, is suing the City of Wharton, Texas for workers’ compensation benefits that she was denied because she was born a man.

Araguz, 36, legally changed her name in 1996 from Justin Graham Purdue. In 2008, she married Thomas Araguz, a Wharton County volunteer firefighter, and she underwent sexual reassignment surgery later that year. Thomas Araguz was killed while fighting a fire in July 2010.

After losing her appeal to workers’ compensation benefits last month in the state’s administrative process, Araguz filed a suit last week against Wharton, about 60 miles outside Houston with a population of over 9,000 people.

Full Story from ABC News

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USA: Brief Challenges DOMA, Other Laws That Discriminate Against Veterans

Sunday, April 29th, 2012

USA: Brief Challenges DOMA, Other Laws That Discriminate Against VeteransA law firm that is part of the challenge against California’s Proposition 8 this week filed a “friend of the court” brief on behalf of a coalition of national veterans’ service organizations asking the court to strike down laws discriminating against gay and lesbian veterans.

Gibson, Dunn & Crutcher LLP filed an amicus curiae brief in the U.S. Court of Appeals on Wednesday for Veterans Claims arguing that laws denying gay and lesbian veterans the spousal benefits they have earned, and which Congress has determined are necessary to support their families, “serve[] only to discriminate against gay and lesbian veterans” and “must be struck down as unconstitutional.”

The brief was filed on behalf of the Vietnam Veterans of America, the Servicemembers Legal Defense Network, the Service Women’s Action Network, the Connecticut Veterans Legal Center, Vets4Vets, and the Iraq and Afghanistan Veterans of America.

Full Story from LGBTQ Nation

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USA: Will Ex-Gay Study Retraction Impact Prop 8 Case?

Saturday, April 28th, 2012

USA: Will Ex-Gay Study Retraction Impact Prop 8 Case?Scientist Robert Spitzer’s recent retraction of a study that suggests so-called ex-gay therapy can be effective may be a gateway to striking down Proposition 8 in court, says New York University legal scholar Kenji Yoshino.

Spitzer wrote a letter to Ken Zucker, editor of the Archives of Sexual Behavior, the journal that published his 2001 study claiming that “highly motivated” gays and lesbians could reverse their sexual orientation. Spitzer’s letter also apologizes to LGBT people for “making unproven claims of the efficacy of reparative therapy,” he wrote.”I also apologize to any gay person who wasted time and energy undergoing some form of reparative therapy because they believed that I had proven that reparative therapy works with some ‘highly motivated’ individuals.”

Spitzer’s realization went public after journalist Gabriel Arana’s report in TheAmerican Prospect related to his own experience with “ex-gay” therapy, in which he spoke with Spitzer. The researcher said he requested a retraction in the Archives of Sexual Behavior, but the editor had declined to run it.

Full Story from The Advocate

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MN, USA: Supreme Court Won’t Hear Marriage Ban Lawsuit

Friday, April 20th, 2012

Minnesota Gay Marriage LawsuitThe Minnesota Supreme Court on Tuesday refused to review a case challenging the constitutionality of the state’s ban on gay marriage, paving the way for the suit to proceed to trial, the MinnPost.com reported.

The case was filed on May 11, 2010 by three gay couples: Doug Benson and Duane Gajewski; Thomas Trisko and John Rittman; and Jessica Dykhuis and Lindzi Campbell along with their 2-year-old son Sean.

Benson also serves as executive director of Marry Me Minnesota.

Full Story from On Top Magazine

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OH, USA: Anti Gay Group Files Suit to Invalidate Initiative Effort

Monday, April 16th, 2012

Ohio Marriage Equality Ban RepealSupporters of Ohio’s gay marriage ban have filed a legal challenge to a petition seeking to repeal the ban.

Earlier this month, Ohio’s Ballot Board cleared a proposed amendment filed by Freedom to Marry Ohio which would legalize gay marriage in the state. It would repeal a constitutional amendment defining marriage as a heterosexual union, which passed in 2004 with overwhelming support.

The group now must collect roughly 385,000 valid signatures from at least half of Ohio’s 88 counties to get the proposal on next year’s ballot. The Ohio Campaign to Protect Marriage, the group behind the 2004 amendment, on Tuesday filed a lawsuit against Attorney General Mike DeWine, the Dayton Daily News reported.

Full Story from On Top Magazine

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NV, USA: Gay Grandmothers Lead Marriage Equality Lawsuit

Thursday, April 12th, 2012

Nevada Marriage Equality LawsuitTwo women who have raised 3 children and have 4 grandchildren are at the center of a new federal lawsuit to win marriage equality in Nevada.

Beverly Sevcik, 73, and Mary Baranovich, 76, are the lead plaintiffs in a lawsuit filed Monday by Lambda Legal and Education Fund on behalf of eight gay and lesbian couples.

“They have seen each other through thick and thin, in sickness and in health, and after four decades of sharing a life together want to commemorate their love for each other as other couples do: through marriage,” Lambda Legal wrote in a profile.

Full Story from On Top Magazine

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NV, USA: Lambda Legal Files Marriage Equality Lawsuit

Tuesday, April 10th, 2012

Lambda Legal Files Marriage Equality Lawsuit in NevadaToday, Lambda Legal Defense and Education Fund took what one of its lawyers calls “a strategic step” in the national effort to advance marriage equality by filing a federal lawsuit in Nevada seeking equal marriage rights for eight same-sex couples in the state.

The lawsuit, Sevcik v. Sandoval, marks the first time that Lambda Legal has sought equal marriage rights for gay and lesbian couples in federal court, although a staff attorney with the group, Tara Borelli, notes that another case filed by Lambda Legal in state court in New Jersey includes federal claims as well.

According to the complaint filed in U.S. District Court for the District of Nevada, the lead plaintiffs in the new lawsuit — Beverly Sevcik, 73, and Mary Baranovich, 76, of Carson City, Nevada — have been together for more than 40 years. As the complaint notes, “When Beverly and Mary committed their lives to each other on October 2, 1971 and bought rings to signify their relationship, they were careful not to purchase matching rings for fear of having their relationship discovered.”

Full Story from Metro Weekly

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NY, USA: Five Binational Couples Sue Federal Government Over Marriage Equality

Monday, April 2nd, 2012

DOMA LawsuitFive married couples, wherein one partner had a non-US nationality, have filed suit in New York today against the Defense of Marriage Act (DOMA), arguing that it denies gay men and lesbians the right for permanent residence, as it is available to heterosexual couples, thereby violating equal protection under the constitution.

The case, lodged by Immigration Equality, is part of a host of anti-DOMA suits that have been filed across courts throughout the United States, ultimately expected to land in the Supreme Court over the course of next few years.

Recently, the case of a couple in San Fransisco involving an Australian citizen received widespread coverage in US media, and he was saved from deportation due to intervention by Nancy Pelosi (Democrat), the minority leader of the House of Representatives. That said, many argue that, for all the talk by the Obama administration about ‘prosecutorial discretion’ concerning gay and lesbian couples, it continues to enforce DOMA rather aggressively.

Full Story from Pink News

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MA, USA: DOMA Case Reaches Federal Appeals Court This Week

Monday, April 2nd, 2012

Massachusetts DOMA CaseA legal battle over a law that denies federal benefits to married gay couples is headed to a federal appeals court in Massachusetts, the first state in the nation to legalize gay marriage.

The federal Defense of Marriage Act, enacted by Congress in 1996, defines marriage as a union between a man and a woman and prevents the federal government from recognizing same-sex marriages.

A federal judge in Massachusetts declared a key section of the law unconstitutional in 2010 after Attorney General Martha Coakley and the legal group Gay & Lesbian Advocates & Defenders sued. Judge Joseph Tauro found that the law is unconstitutional because it interferes with the right of a state to define marriage and denies married gay couples an array of federal benefits given to heterosexual married.

Full Story from Edge Boston

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