A unanimous four-judge panel of the New York Appellate Division, 2nd Department, based in Brooklyn, ruled that a jury erred in convicting Larry Davis of second degree murder in the death of his sexual partner, Richard McCoy, from asphyxiation. Finding that a jury could reasonably have acquitted Davis of the murder charge, the court reduced the conviction to manslaughter in the second degree and sent the case back to the trial judge, Justice Dineen Riviezzo … <Read More>
Legal Issues
Arkansas Judge Strikes Down State Ban on Same-Sex Marriage in a Case of “Epic Constitutional Dimensions”
Pulaski County Circuit Judge Christopher Charles Piazza ruled on May 9 that Arkansas’s same-sex marriage ban violates the 14th Amendment of the federal constitution as well as Article 2, Section 3 of the Arkansas Constitution’s Declaration of Rights. Judge Piazza, who made no mention of a stay in his ruling, waited until after county clerk offices had closed on Friday afternoon to release his decision in the case of M. Kendall Wright v. Nathaniel Smith. … <Read More>
Indiana Federal Court Grants Preliminary Injunction for One Plaintiff Couple in Marriage Recognition Case
U.S. District Judge Richard L. Young (S.D. Indiana) issued a preliminary injunction on May 8 in Baskin v. Bogan, requiring Indiana officials to recognize the same-sex marriage of Nikole Quasney and Amy Sandler. Unlike the temporary restraining order that Judge Young had previously issued in this case that was to expire on May 8, the preliminary injunction will remain in effect until the court decides the complete case on the merits, unless it is stayed … <Read More>
Federal Court Rejects Discrimination Claim Against Catholic Hospital’s Refusal to Cover Same-Sex Spouse Under Employee Benefit Plan
Although both the federal government and the state of New York recognize same-sex marriages, and the state of New York prohibits discrimination against same-sex married couples, a federal judge in Manhattan ruled on May 1 that a woman whose Catholic hospital employer refused to enroll her wife in the employee health insurance plan could not sue under the federal employee benefits law. U.S. District Judge Nelson S. Roman granted a motion to dismiss by Empire … <Read More>
San Antonio Judge Will Hear Lesbian Divorce and Custody Case
Rejecting a motion by the Respondent to dismiss a divorce and child custody action, Bexar County (Texas) District Court Judge Barbara Hanson Nellermoe ruled on April 22 in A.L.F.L. v. K.L.L., No. 2014-CI-02421 (Bexar County, 438th Jud. Dist.), that a lesbian couple married in Washington, D.C., in 2010 could get a divorce in Texas, their current state of residence, because Texas laws banning the recognition of same-sex marriages are unconstitutional. She ruled that Texas’ refusal … <Read More>
Alaska Supreme Court Confirms That Marriage Amendment Does Not Affect Right to Equal Benefits for Same-Sex Couples
The Alaska Supreme Court issued a unanimous decision on April 25, holding that same-sex couples living in Alaska are entitled to the same real estate tax break under state law that is given to married couples, and that nothing in Alaska’s marriage amendment, which provides that same-sex marriages are neither legal nor recognized in Alaska, would prevent that result. State of Alaska v. Schmidt, 2014 Alaska LEXIS 76, Opinion No. 6898 (April 25, 2014). Ironically, … <Read More>
Another State Heard From on Marriage Equality – Indiana
Marriage Equality advocates in Indiana were very strategic in their litigation, holding off filing cases until after the legislature had adjourned, after kicking the question of a constitutional amendment against same-sex marriage down the road another two years by passing a version of the proposed amendment that differed from that approved in the last session. A bunch of new cases were filed earlier this year, and they have been consolidated before U.S. District Judge Richard … <Read More>
The Oklahoma Marriage Argument in the 10th Circuit
Today a panel of three judges from the 10th Circuit heard arguments in the Oklahoma marriage case. The trial judge had ruled (1) that he didn’t have jurisdiction to decide whether Oklahoma’s ban on recognizing same-sex marriages contracted in other states was constitutional, because the only defendant in the case, a county clerk, had no role in the recognition of out-of-state marriages, and (2) that the state’s constitutional amendment banning same-sex couples marrying in the … <Read More>
India’s Highest Court Declares Equal Rights for Members of India’s Transgender Community
In a historic decision, a two-judge bench of the Supreme Court of India, ruling on a petition brought by the National Legal Services Authority on behalf of members of the transgender community, has declared that among the human rights protected by the Indian Constitution are the rights of individuals to State recognition of their gender identity and sexual orientation, and to be free of official discrimination on these grounds. The original petitioner was joined by … <Read More>
Federal Judge Strikes Down Ohio Marriage-Recognition Ban as “Facially Unconstitutional”
U.S. District Judge Timothy S. Black, who ruled in December that Ohio’s ban on recognizing same-sex marriages from other states was unconstitutional in connection with recording marital status and surviving spouses on death certificates, today expanded his ruling in the context of a second lawsuit brought by married same-sex couples seeking recognition for purposes of birth certificates. However, Judge Black didn’t restrict his ruling to that issue, instead finding that Ohio’s recognition ban was unconstitutional … <Read More>