Gays in the Military — Where Things Stand Today (July 23)

As a result of actions taken yesterday by the Obama Administration and the 9th Circuit Court of Appeals panel in the Log Cabin Republicans case, together with statements made by DoD personnel at a press briefing yesterday, here is where things seem to stand as of today:

DADT is repealed, effective September 20, 2011.  (The precise time of day when repeal takes effect is uncertain, but it may be around 3 pm, which would be 60 … <Read More>


History Is Made: Certification of DADT Repeal Compliance Was Issued Today

This afternoon,  President Obama transmitted to the chairs and ranking minority members of the Senate and House Committees with military oversight the certification signed by himself, Secretary of Defense Panetta, and Chairman of the Joint Chief of Staff Mullen, that the requirements set forth in the Don't Ask, Don't Tell Repeal Act of 2010, Public Law 111-321, have been met.  This transmission means that the Don't Ask, Don't Tell policy under which gays in the … <Read More>


First New York Appellate Ruling Dissolving a Vermont Civil Union

New York courts have been nibbling around the issue of terminating out-of-state civil unions for a while now.  Beginning in 2000, same-sex couples could go to Vermont to get civil unions without fulfilling any residency requirement, and many did so.  The problem came in terminating those civil unions.  Vermont, in common with almost every other state, has a real residency requirement for divorce cases, and when they passed the Civil Unions Act, they adopted the same requirement for … <Read More>


Harry Potter and the Deathly Hallows, Part II

Beginning premise:  I read only the first four books in the series, but had seen all of the previous movies.  However, my memory of Part I of this last installment was not fresh enough for me to feel other than I was being tossed into the middle of a plot without a rudder as this film began.  (Were I making a Part II and starting it mid-plot, I would have had a brief preface skimming … <Read More>


McDonald’s Franchisee on 42d Street May Face Liability for Harassment of Gay Customers

New York Supreme Court Justice Doris Ling-Cohan has rejected a motion to dismiss a discrimination claim brought by two gay men who claim to have been harassed by security guards at a McDonald's Restaurant on 42nd Street in Manhattan on November 26, 2008.  The two men, Bowling and Barton, sought damages for discrimination and infliction of emotional distress.  Justice Ling-Cohan dismissed the emotional distress claim in her ruling filed on July 12, 2011.

According to their … <Read More>


Sholem Aleichem: Laughing in the Darkness (documentary)

When my rabbi speaks on anything involving Yiddish literature, I'm sure to listen, because before she went to rabbinical school, she worked at the National Yiddish Book Center, and she is an expert.  And she said this documentary was a must-see, so yesterday I went to see it.  I agree with her.  "Sholem Aleichem: Laughing in the Darkness," a documentary film by Joseph Dorman, is definitely a must-see.

For those who aren't clued in, Sholem … <Read More>


The Justice Department’s “Emergency Motion” to Reimpose the Stay on the DADT Injunction

Consider this chronology:

July 6, 2011.  9th Circuit panel issues an Order lifting the stay and allowing the injunction against enforcement of the "don't ask, don't tell" military policy to go into effect.  The injunction was issued late last summer by US District Judge Virginia Phillips in Log Cabin Republicans v. US, upon her finding that the DADT policy was unconstitutional.  The Justice Department (DOJ) sought a stay of the injunction while the government … <Read More>


What’s Going on With the DADT Repeal and Lawsuit?

It seems there are almost daily new developments on the military "Don't Ask, Don't Tell" policy and the associated lawsuit brought by Log Cabin Republicans.  Yesterday the Justice Department filed an Emergency Motion with the 9th Circuit, asking that the policy continue in effect until the certification process mandated by the DADT Repeal Act of 2010 can be completed.  The 9th Circuit had previously lifted a stay of the October 2010 injunction against enforcement of … <Read More>


Ohio Supreme Court Rules Against Lesbian Co-Parent in Custody Dispute

The Ohio Supreme Court has affirmed lower court rulings that a lesbian co-parent could not seek "shared custody" of the child she was raising with her former partner, finding that there was evidence in the record from which the juvenile court could conclude that the women had not expressly agreed to shared custody.  Two of the seven justices dissented on the ground that the majority opinion did not make any new law, so review should … <Read More>


It’s Gay Month at the 9th Circuit

Chris Geidner, the excellent lawyer-blogger over at MetroWeekly,com, seems to have an inside channel into the 9th Circuit.  At any rate, every day he seems to be breaking some new development on an LGBT-related case from that very busy federal appeals court.  The latest is a demand by the court that the Obama Administration explain its position in a pending appeal involving a challenge by a criminal defendant to the prosecution's use of a peremptory … <Read More>