A three-judge panel of the U.S. Court of Appeals for the 2nd Circuit, sitting in Manhattan, observed in an opinion issued on August 12 that its historic ruling last year in Zarda v. Altitude Express, holding that sexual orientation discrimination violates Title VII of the Civil Rights Act of 1964, does not create a judicial precedent in the 2nd Circuit for purposes of the Constitution’s Equal Protection Clause on the issue of sexual … <Read More>
Judge David Bunning of the U.S. District Court for the Eastern District of Kentucky rejected a claim by Rowan County Clerk Kim Davis that she has a First Amendment right to refuse to issue any marriage licenses in order to avoid compromising her religious belief that a marriage can be only between one man and one woman.
Granting the plaintiffs’ motion for a preliminary injunction in Miller v. Davis on August 12, Judge Bunning concluded … <Read More>
Even though the U.S. Court of Appeals for the 6th Circuit rejected a constitutional challenge to the state’s ban on same-sex marriage just days ago, U.S. District Judge David M. Lawson ruled on November 12 that Michigan’s Public Employee Domestic Partner Benefit Restriction Act, passed in 2011, violates the Equal Protection Clause. Judge Lawson rested his ruling on the anti-gay animus he found in reviewing the enactment of the measure.
On the one hand, the … <Read More>