On May 9, President Barack Obama took the momentous step of being the first President of the United States to take the position that same-sex couples should be allowed to marry. According to press reports, he had "evolved" to this point of view by early this year, and had planned to make a public statement shortly before the Democratic National Convention, but the timing was sharply accelerated after Vice President Joseph Biden stated his support … <Read More>
Connecticut Supreme Court Rules on Gay Hostile Environment Claim
The Connecticut Supreme Court has ruled that the state law banning sexual orientation discrimination "imposes liability on employers for failing to take reasonable steps to prevent their employees from being subjected to hostile work environments based on their sexual orientation." The ruling in Patino v. Birken Manufacturing Company, 2012 WL 1570857, released early in May, will be officially published on May 15. Chief Justice Chase T. Rogers wrote the opinion for the unanimous court.
The … <Read More>
Maine SJC Rules in Gestational Surrogate Case
The Maine Supreme Judicial Court issued a unanimous ruling on May 3 in Nolan v. LaBree, 2012 ME 61, holding that the Maine District Court has jurisdiction to make a declaration of maternity in a gestational surrogacy case. Overruling the Bangor District Court, the SJC found that under Maine's version of the Uniform Act on Paternity, the court is authorized to make a declaration of "parentage," observing that this "gender neutral" language reflected legislative intent … <Read More>
New York Concert Diary – May 1 – 5, 2012
Once again, I've had so many concerts to attend over a short period of time that I have fallen behind in writing about them individually, so herewith a quick summing up:
May 1 – Matthias Goerne, baritone, and Leif Ove Andsnes, piano, in recital at Carnegie Hall, Stern Auditorium. Goerne and Andsnes carefully selected from among the songs of Gustav Mahler and Dmitri Shostakovich to create a thematic recital , intermingling selections from Mahler's Knaben … <Read More>
The Busy New York City Concert Whirl….
Over the past week I've enjoyed several really terrific concerts that I will briefly mention here.
On Saturday night, April 21, I attended the last performance of the Miller Theatre Early Music Series for this concert season. The British group Stile Antico, a vocal ensemble of six women and six men who perform primarily Renaissance polyphony without a conductor, presented a survey of 16th and early 17th century music at the Church of St. Mary and … <Read More>
Appeals Courts Reign in Zealous Application of Sex Offender Registration Laws
Two appellate courts recently issued decisions reigning in over-zealous application of sex offender registration laws. These state laws typically provide that anybody found guilty of particular sex offenses is required to register with the police, providing specified information, which is then publicly posted on-line. Registrants are typically required to report to the police periodically, to inform the police of any change of residence or employment, and in some jurisdictions are restricted as to where they … <Read More>
Mississippi Appeals Court Ruling Shows Continuing Need for LGBT Family Planning
The ten-member Mississippi Court of Appeals ruled on April 17, 2012, that Tate County Chancery Judge Percy L. Lynchard, Jr., erred in awarding compensation to a woman for part of the value of the house she had occupied with her former same-sex partner. Voting 8-2 on the ultimate merits of the case in Cates v. Swain, 2012 WL 1292639, the court found that the absence of any express contractual agreement between the women concerning ownership of … <Read More>
Lesbian School Aide Can Pursue Discrimination & Retaliation Claims Against NYC Department of Education & School Principal
A divided panel of New York's Appellate Division, First Department, voted 3-2 to allow a lesbian who was employed as a school aide at P.S. 181 in Brooklyn to pursue her retaliation and sexual orientation discrimination claims against the New York City Department of Education (DOE) and school principal Lowell Coleman. The trial judge, New York County Superme Court Justice Cynthia S. Kern, had granted summary judgment to the defendants on the retaliation claim but had … <Read More>
Alaska Trial Court Orders DMV to Adopt Regulation on Driver License Sex Designation Changes
Alaska Superior Court Judge Michael Spaan issued a decision ordering the Alaska Division of Motor Vehicles to adopt a regulation establishing a procedure for changing the sex designation on a driver's license. Ruling in K.L. v. State of Alaska, Case no. 3AN-11-05431 (3rd Judicial Dist., Anchorage, March 12, 2012), Judge Spaan found that the lack of a valid policy for changing the sex designation on a driver's license violated the state constitutional privacy rights of … <Read More>
EEOC Rules that Transgender Discrimination Claims are Covered by Title VII of the Civil Rights Act of 1964
In a sharp reversal of its prior rulings, the Equal Employment Opportunity Commission, the federal agency created by the Civil Rights Act of 1964 with principal authority for interpreting and applying Title VII, the federal statute that bans, among other things, sex discrimination in employment, ruled on April 20, that a "complaint of discrimination based on gender identity, change of sex, and/or transgender status is cognizable under Title VII." Overturning its own prior rulings from … <Read More>