Art Leonard Observations
Art Leonard Observations
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legislative intent

Unanimous Utah Supreme Court Holds Exclusion of Same-Sex Couples Under Gestational Surrogacy Law is Unconstitutional

August 7, 2019

The Utah Supreme Court ruled on August 1 that a state law authorizing judicial approval of gestational surrogacy contracts was unconstitutional to the extent that it excluded married same-sex couples from being able to enter into an enforceable gestational surrogacy contract.  Finding that the offending provision is “severable” from the rest of the statute, the court sent the case back to a trial court for approval of the surrogacy agreement.  The case is In re … <Read More>

Categories: Legal Issues
Tags: avoidance of unconstitutionality, case of controversy requirement, Damian E. Davenport, Edwin S. Wall, gender neutral language, gestational surrogacy agreements, In re Gestational Agreement, intended parents, judicial validation of gestational surrogacy agreements, jurisdiction of court to decided uncontested cases, legislative intent, required judicial findings for validation of surrogacy agreements, requirement that intended mother be unable to bear child, severability of unconstitutional provisions, statutory interpretation, Utah Assistant Solicitor General Brent A. Burnett, Utah Attorney General Sean Reyes, Utah Chief Justice Matthew B. Durant, Utah District Judge Jeffrey Wilcox, Utah Solicitor General Tyler R. Green, Utah Supreme Court

Justice Department Tells 2nd Circuit That Gays Are Not Protected from Discrimination Under Federal Civil Rights Law

July 27, 2017

The U.S. Department of Justice filed a brief on July 26 with the New York-based U.S. Court of Appeals for the 2nd Circuit, weighing in on the question whether Title VII of the Civil Rights Act of 1964 bans discrimination because of sexual orientation.  Not surprisingly, the Trump Administration’s answer is “No.”

 

Title VII lists forbidden grounds for employment discrimination: race or color, religion, sex and national origin. After it went into effect … <Read More>

Categories: Legal Issues
Tags: 11th Circuit Court of Appeals, 2nd Circuit Chief Judge Robert Katzman, 2nd Circuit Court of Appeals, 7th Circuit Court of Appeals, Donald Zarda, EEOC, Equal Employment Opportunity Commission, Evans v. Georgia Regional Hospital, gay discrimination, gender identity discrimination, Hively v. Ivy Tech Community College, homosexual discrimination, Jeff Sessions, Lambda Legal, legislative intent, sex discrimination, sexual orientation discrimination, sexual orientation discrimination as sex discrimination, statutory interpretation, Title VII of the Civil Rights Act of 1964, transgender discrimination, U.S. Department of Justice, United States Court of Appeals for the 2nd Circuit, Zarda v. Altittude Express

News and commentary on law and current events, with a focus on sexuality and the law, as well as the arts by NYLS Professor Arthur Leonard.


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About the Author

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Arthur S. Leonard, a professor at New York Law School since 1982, edits the monthly newsletter Lesbian/Gay Law Notes, and is co-author of Sexuality Law (Carolina Academic Press) and AIDS Law in a Nutshell (West Publishing Co.). He writes on legal issues for Gay City News (New York), and serves as a trustee of the Jewish Board of Family & Children's Services of New York.


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Recent Posts

  • Two Federal Trial Judges in Texas Express Diametrically Opposed Views on First Amendment Protection for Drag Shows
  • Federal Court Finds City of East Lansing Violated Free Exercise Right of Farmer Excluded from City’s Farmer Market Because His Wedding Rental Business Excludes Same-Sex Couples
  • Federal Appeals Court Approves Preliminary Injunction Blocking Idaho Ban on Trans Women Participating in Women’s Sports
  • Appeals Court Vacates Preliminary Injunction Against Alabama’s Ban on Gender-Affirming Care for Minors
  • Michigan Supreme Court Extends Equitable-Parent Doctrine to Same-Sex Couples

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