While there has been plenty of speculation that the U.S. Supreme Court will have to address the constitutionality of Section 3 of the Defense of Marriage Act, or the constitutional right of same-sex couples to marry, sometime in the next few years, it seems likely that another important gay rights case may get to the court sooner.

Today Lambda Legal filed a petition seeking Supreme Court review of an April ruling by the 5th Circuit … <Read More>

The U.S. 9th Circuit Court of Appeals panel designated to handle the appeal in Log Cabin Republicans v. United States (constitutional challenge to the military "don't ask, don't tell" policy) is eager to know whether the case is over and should be dismissed.  On July 11, the panel issued an order demanding that the government inform the court quickly about what is happening in this case.

On July 1, the panel issued an order lifting … <Read More>

It's been difficult keeping up the past few days.

On July 1, the Obama Administration took an active role in challenging the constitutionality of the Defense of Marriage Act, filing a brief in the Golinski case arguing that Section 3 of the Act is unconstitutional.  This helped to convince the 9th Circuit panel, which was considering Log Cabin Republicans' motion to lift the stay of District Judge Virginia Phillips' injunction against enforcement of the "don't … <Read More>

It did not take the U.S. 9th Circuit Court of Appeals, pondering a motion by Log Cabin Republicans to lift a stay of District Judge Virginia A. Phillips' injunction against enforcement of the "Don't Ask, Don't Tell" military policy, very long to react to the Justice Department's filing of a brief with the U.S. District Court in the Golinski spousal benefits case, arguing that DOMA Section 3 is unconstitutional.  In that brief, the Justice Department … <Read More>

How often does the Defendant in pending civil litigation file a brief supporting the Plaintiff

A unanimous three judge panel of the U.S. Court of Appeals for the 1st Circuit, based in Boston, has revived a claim by a state prison inmate that his constitutional rights were violated when he was deprived of HIV medication for an extended period of time in custody.  Ruling in Leavitt v. Correctional Medical Services, Inc., 2011 Westlaw 2557009 ((June 29, 2011), the court partially reversed a decision by U.S. District Judge John A. Woodcock, … <Read More>

Opening up an exception to its established rule that a person can't sue for emotional distress damages unless the defendant's action also placed the plaintiff in a "zone of danger" or actually caused physical injury, the unanimous en banc District of Columbia Court of Appeals ruled in Hedgepeth v. Whitman Walker Clinic & Mary Fanning, M.D., 2011 Westlaw 2586720 (June 30, 2011), that a man who was misdiagnosed as HIV+ and claims to have suffered severe … <Read More>

This may sound like an arcane issue, but actually it is quite significant because of the anomalies and peculiarities of New York State Law.  Does the state's Human Rights Law (Executive Law Section 296) apply to the public schools (K-12), so that a student who has been subjected to bullying that their school refuses to address effectively can file a claim with the State Division of Human Rights and seek monetary and injunctive relief if … <Read More>

Finding that a labor arbitrator's imposition of a 6-month suspension without pay was "shocking to this court's sense of fairness," New York Supreme Court Justice Manuel J. Mendez vacated the arbitrator's decision and ordered that an openly gay high school librarian be restored to full employment status with back pay and without any requirement for counseling or training.  The decision in Asche v. New York City Board of Education, 108528/10, NYLJ 1202498891395 (N.Y. Supreme Court, … <Read More>

One of the fears of those observing the campaign for marriage equality is that if same-sex marriage becomes available, progress on getting recognition for alternative arrangements that some might prefer could be lost.  After same-sex marriage became available in Massachusetts in 2004, some employers that had been providing domestic partnership benefits for same-sex partners of their employees dropped the program, announcing that those who wanted to keep getting the benefits could get married.  Not all … <Read More>