A panel of the 9th Circuit Court of Appeals ruled on February 2 that an on-line roommate matching service could not be prosecuted for allowing persons seeking roommates to express preferences concerning the sex, sexual orientation and familial status of people they would accept as roommates. The court held that forbidding such expressions of preference would violate the constitutional liberty interest of individuals seeking roommates, and that the roommate service could assert that interest as a … <Read More>
Massachusetts Appeals Court Rules on Married Lesbian Couple Parental Rights
A Massachusetts statute provides, "Any child born to a married woman as a result of artificial insemination with the consent of her husband, shall be considered the legitimate child of the mother and such husband." But what if the birth mother is married to a woman, as has been possible in Massachusetts since May 2004 pursuant to the Mass. Supreme Judicial Court's decision in Goodridge v. Department of Public Health, 440 Mass. 309 (2003)? … <Read More>
9th Circuit Bars Release of Prop 8 Trial Tapes
The 9th Circuit 3-judge panel that is considering the various appeals in the lawsuit challenging the constitutionality of Proposition 8, the 2008 California ballot initiative that amended that state's constitution to provide that only the marriage of one man and one woman would be valid or recognized in California, ruled on February 2 that the video recording of the trial made at the direction of then-Chief Judge Vaughn Walker of the US District Court for the … <Read More>
Repeat Performance: 1st Circuit Rejects NOM Challenge to Maine Disclosure Law
As the Maine Secretary of State determines whether marriage equality proponents have submitted enough valid signatures to put a proposal for marriage equality before the legislature and then on the November 2012 general election ballot, the Boston-based U.S. Court of Appeals for the 1st Circuit again addressed the question whether Maine campaign funding disclosure laws would violate the constitutional rights of the National Organization for Marriage, Inc. (NOM), and American Principles in Action, Inc., organizations … <Read More>
New Ruling in Dragovich: Another Nail in the Coffin of DOMA Section 3
U.S. District Court Judge Claudia Wilken issued a decision on January 26 rejecting the government's motion to dismiss the second amended complaint in Dragovich v. United States Department of the Treasury, 2012 Westlaw 253325 (N.D.Cal.), an action challenging the constitutionality of Section 3 of the Defense of Marriage Act of 1996.
Judge Wilken's ruling was significant on two counts. First, it extended the plaintiff group to include California state employees who are in registered … <Read More>
NY Philharmonic in Beethoven, Stravinsky & Ravel – Zimmermann & Gilbert
Last night I attended the last of three performances of a New York Philharmonic subscription program that cannily matched Stravinsky's Symphony in Three Movements with Ravel's 2nd Suite from the ballet Daphnis & Chloe for its second half, and began with Frank Peter Zimmermann as soloist in Beethoven's Violin Concerto. Music Director Alan Gilbert was on the podium. The orchestra provided excellent execution, as did Zimmermann. Yet I came away with curiously mixed impressions.
For … <Read More>
6th Circuit Revives Graduate Counseling Student’s Religious Discrimination Claim Against Eastern Michigan University
A unanimous panel of the U.S. Court of Appeals for the 6th Circuit ruled on January 27 that District Judge George C. Steeh (E.D. Mich.) should not have granted summary judgment in favor of Eastern Michigan University on a 1st and 14th Amendment free speech/free exercise of religion claim by a graduate student who was expelled from the graduate counseling program after she asked that counseling practicum clients presenting gay relationship issues be referred to … <Read More>
The Five Borough Songbook – The Show and the Recording
Last year I attended the Queens, NY, premiere of the "Five Borough Songbook," a collection of 20 songs commissioned from 20 composers by the Five Boroughs Music Festival. A few weeks ago, I attended the Manhattan premiere – the same twenty songs, but a slightly different mix of singers. I was curious to hear this music a second time, having been so impressed on first hearing. So on January 12 I was in the auditorium … <Read More>
“A Hole in His Heart” at Atlantic Stages
Last night I attended a performance of a new play by Jon Kakaley, "A Hole in His Heart," at Atlantic Stages on West 16th Street, a production of "Ten Years Productions" directed by Jake Turner. My theater-going companion and I subscribe to Atlantic Stages, which affords a variety of independent theater productions over the course of the season. The description of this show sounded interesting, so we decided to take the plunge, even though we … <Read More>
Minnesota Appeals Court Revives Same-Sex Marriage Lawsuit
The Court of Appeals of Minnesota ruled on January 23, 2012, that Hennepin County District Judge Mary Dufresne erred in dismissing outright a lawsuit by three same-sex couples seeking marriage licenses. Finding that the trial judge had inappropriately relied on a 1971 Minnesota Supreme Court decision, Baker v. Nelson, the court of appeals sent the case back to the trial court for a determination whether the denial of marriage licenses violates the Minnesota Constitution's due … <Read More>