An employee who objected to being called "Big Gay Al" by a manager in the workplace suffered summary dismissal of his lawsuit on October 23 in Davis v. Fred's Appliance, Inc., 2012 WL 5208505 (Washington Court of Appeals, Div. 3). Most significantly, the court found, in line with evolving precedent, that the plaintiff's failure to plead special damages doomed his claim for defamation.
According to the opinion for the court by Judge Sweeney, Albert Davis was … <Read More>
Peoples' Symphony Concerts launched their new season last night with a Musicans from Marlboro program at the High School of Fashion Industries auditorium, their substitute location this year while the auditorium at Washington Irving High School gets a make-over. (We are promised new seats, whoopee!!)
Several touring ensembles of young musicians who have participated at the summer Marlboro Music Festival in Vermont criss-cross the country each year, bringing chamber music to the multitudes in performances … <Read More>
U.S. District Judge Gregory F. Van Tatenhove ruled on October 15 that the federal hate crime prosecution of two Kentucky men who kidnapped and beat a gay man because of his sexual orientation does not violate the defendants' constitutional rights. Although the Matthew Shepherd and James Bird Hate Crime Prevention Act (HCPA), which added "sexual orientation" to the federal hate crimes law, has previously been upheld in other contexts, this is the first time it … <Read More>
A panel of the U.S. Court of Appeals for the 2nd Circuit in Manhattan ruled on October 18 that Section 3 of the federal Defense of Marriage Act (DOMA), which provides that the federal government will not recognize same-sex marriages, violates the constitutional guarantee of equal protection of the laws. Writing for the majority of the 2-1 panel, 2nd Circuit Chief Judge Dennis Jacobs said, "DOMA's classification of same-sex spouses was not substantially related to … <Read More>
The U.S. Supreme Court’s Fall 2012 Term, which began on October 1, may go down in history for the largest number of important decisions on LGBT issues in a single term, but the Court’s first actions were to clear the decks by denying review in two pending cases of gay interest, National Organization for Marriage v. McKee and Pinter v. City of New York. The Court has yet to announced whether or when it will … <Read More>
Although I've had some "pre-season" concert experiences – the recital at DiMenna Center by Jesse Blumberg and Joceyln Dueck, and the Schubert program at Central Presbyterian – I consider the "official" launch of the season my first concerts at Lincoln Center and Carnegie Hall. Thus, my season really got well under way last Saturday when I attended a performance of the New York Philharmonic's first subscription program of the new season.
Music Director Alan Gilbert led … <Read More>
The Ohio Supreme Court ruled by a 5-2 vote on September 26 that the juvenile court had authority to issue a temporary visitation order to a mother's former same-sex partner while they were embroiled in a custody dispute over the child they had been raising together. Reversing a ruling by the Ohio court of appeals, the court reinstated findings by the juvenile court that the mother was in contempt of court for refusing to comply … <Read More>
Last night I attended the first concert of what may be the most ambitious concert series of the new season in New York City: an attempt to present in recital all of the solo songs by Franz Schubert, who wrote more than 600 of them during the first three decades of the 19th century. Two young New York City-based pianists, Lachlan Glen and Jonathan Ware, thought this up last spring, and have put it together … <Read More>
No, it's not quite what you may think from reading the headline. Although the 8th Circuit did affirm a grant of summary judgment to the employer in a case in which a job applicant alleged discrimination based on gender identity in violation of Title VII's ban on sex discrimination in employment, it was not because the Circuit sharply departed from the growing body of precedent accepting such claims. Rather, the court found in Hunter v. … <Read More>
My concert season started this past Saturday, September 15, with a vocal recital by baritone Jesse Blumberg and pianist Jocelyn Dueck at Benzaquen Hall, one of several performance/rehearsal spaces in the DiMenna Center for Classical Music on West 35th Street in Manhattan. The performance marked the launch of Dueck's project, "The Center for Language in Song," which is intended to assist young vocal artists in developing the insights into text and music that support great performances.… <Read More>