A unanimous panel of the U.S. Court of Appeals for the 8th Circuit denied a petition by a lesbian from Venezuela for review of the Board of Immigration Appeals' rejection of her asylum and withholding of removal claims based on her sexual orientation and political views.  The court agreed with the BIA and the Immigration Judge that there was not sufficient evidence of persecution of homosexuals by the Venezuelan government to justify treating the petitioner … <Read More>

The National Organization for Marriage (NOM), a New Jersey-based non-profit political organization dedicated to fighting against same-sex marriage, has lost its constitutional challenges to campaign disclosure laws in Maine and Rhode Island.  In a pair of opinions by Judge Kermit Lipez, the Boston-based U.S. Court of Appeals for the 1st Circuit ruled on August 11 that neither of the states' laws suffered from the constitutional defects alleged by NOM.

NOM's lawsuit parallels recent efforts by … <Read More>

A unanimous U.S. Court of Appeals 8th Circuit panel ruled in Wolfe v. Fayetteville, Arkansas, School District, 2011 Westlaw 3444555 (Aug. 9, 2011), that a public school student seeking to hold the school district liable for sexual harassment under Title IX, 20 U.S.C. Section 1681, must show that the harassment he suffered was motivated by his sex or his failure to conform to gender stereotypes.  Rejecting a challenge to the trial judge's jury instructions, the court affirmed … <Read More>

In 2010, the U.S. Supreme Court ruled that a state university law school did not violate the Constitution when it restricted official recognition of student organizations to those whose membership was open to all members of the student body without discrimination on any basis.  The Court said in Christian Legal Society v. Martinez (UC Hastings College of the Law), 130 S.Ct. 2971 (2010), that such a policy, assuming it was not itself applied in a … <Read More>

In a unanimous ruling announced on August 5, a three-judge panel of the U.S. Court of Appeals for the 7th Circuit upheld a decision by Chief Judge Charles N. Clevert, Jr., of the U.S. District Court for the Eastern District of Wisconsin holding that a Wisconsin law banning hormone therapy or sex reassignment surgery for transsexual inmates in that state is unconstitutional.  Judge Clevert had ruled in Fields v. Smith, an action brought by Lambda Legal … <Read More>

A unanimous three-judge panel of the U.S. Court of Appeals for the 6th Circuit ruled on August 2 that a Tennessee federal district court erred by dismissing a claim that a union local in that state may have violated federal law by discriminating against a gay member.  Gilbert v. Country Music Association, Inc., No. 09-6398.  Although the appeals court affirmed the trial court's dismissal of sex discrimination claims brought under Tennessee's Human Rights Act and … <Read More>

On August 4, President Obama signed a proclamation pursuant to his authority under US immigration law (8 U.S.C. 1182(f) and 3 U.S.C. 301), directing the State Department to identify individuals who should be barred from entry into the United States because of their ordering or participating in various kinds of categorical oppressive acts.  The operative text describing who should be barred from entry is as follows:

"(a)  Any alien who planned, ordered, assisted, aided and … <Read More>

On July 28 the Obama Administration published in the Federal Register three proposals to amend existing regulations to provide various forms of recognition to same-sex domestic partners of federal employees.  While each of these three proposals is minor in the overall scheme of things, they cumulate with prior such actions over the past two years to implement President Obama's goal of affording equality of rights to same-sex couples when one of them works for the … <Read More>

In Wesley v. Smith-Lasofsky, No. 105819/10 (N.Y. Supreme Ct., July 18, 2011) (published by the NY Law Journal on July 29: NYLJ 1202508854947), Justice Laura E. Drager reasoned her way through a legal puzzle concerning parental status of a civil union partner in ruling favorably on a motion for summary judgment to dissolve a Vermont civil union.

The parties contracted their Vermont civil union on July 5, 2002, when they were New York residents.  … <Read More>

On July 29, the New York State Department of Taxation and Finance announced a "website landing page" on the NY Marriage Equality Act, providing initial guidance on personal income tax, estate tax, withholding tax and sales tax information for same-sex couples who are marrying in New York or who have married or are marrying elsewhere but reside in New York. The page will be supplemented and updated as they continue to figure things out.  Its … <Read More>