Showing posts with label court rulings. Show all posts
Showing posts with label court rulings. Show all posts

Tuesday, 11 February 2014

Another Red State Victory for Queer Families

Step by step, queer families are seeing moves to full recognition, even in American red states (and in church). The latest in victory in Idaho follows court decisions in Utah and Oklahoma to strike down the states' constitutional ban on gay marriage, and the decision by Nevada's Republican governor not to defend his state's ban. A challenge to the gay marriage ban in Texas is in court this week, and court challenges under way in a further 19 states.
There is progress too in many churches, including the Catholics: Diarmuid Martin, Archbishop of Dublin, is just the latest in an expanding list of senior bishops who have opposed full marriage equality, but suggested civil unions as an alternative.



Monday, 20 January 2014

High Court orders Israel to recognize gay adoption of child born through surrogacy

 At the same time court rejects gay adoption in case where neither man proved biological connection to child.
Man with baby born to surrogate mother. Photo: REUTERS

  The High Court of Justice on Tuesday night, by a split 5-2 vote, ordered the state to recognize the gay adoption of a child born through surrogacy, including registering both the biological father and his partner as fathers of the child. Simultaneously, the High Court rejected 7-0 the request of another gay couple for recognition of their right to gay adoption. Related: Health Ministry advocates allowing gay couples to use surrogate mothers Both gay couples based their claim on a birth certificate and declaration from the US that they are the child’s parents. The difference between the two cases is that the court granted the request from the gay couple after it underwent genetic testing to prove the biological connection to at least one of the men, while the couple whose request was denied did not do genetic testing.

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Wednesday, 20 February 2013

Germany: Gay adoption laws strengthened for civil partners

Germany’s highest court ruled today that one member of a civil partnership should be able to adopt their partner’s stepchild or adopted child.




Until now, same-sex couples could only adopt their partner’s biological child.

The new gay adoption laws are now in line with rules that apply to heterosexual couples and judges ruled that this was discriminatory.

Government legislation is to be drawn up by June 2014.

The historic ruling has been hailed as “a breakthrough in equal treatment” by Volker Beck, an openly gay senior lawmaker with Germany’s opposition Green Party.

However, the ruling only means that same-sex couples can adopt the same child on an individual basis and not as a couple and they still cannot adopt unrelated children.

“Today’s decision marks a historic step finally to put rainbow families in Germany on a comprehensive, secure legal footing,” Justice Minister Sabine Leutheusser-Schnarrenberger said. “Full adoption must be the next step.”

Same-sex civil partnerships have been legal in Germany since 2001.

In August, German Chancellor Angela Merkel rejected calls to give to LGBT�couples�the tax breaks�enjoyed�by heterosexual married�couples.

Wednesday, 7 December 2011

Court rules in favor of transgender editor at Legislature


The federal appeals court in Atlanta on Tuesday ruled in favor of a transgender woman who was fired from her General Assembly job after disclosing she was going to make the transition from man to woman.
The unanimous ruling by a three-judge panel of the 11th U.S. Circuit Court of Appeals means Vandy Beth Glenn is one step closer to getting her job back as an editor and proofreader of legislation. Glenn was fired in October 2007.
The court upheld a ruling last year by a federal judge in Atlanta. Glenn had not been allowed to return to her General Assembly job, pending the state’s appeal, but has continued to be paid her state salary.
Glenn was hired at the Office of Legislative Counsel in 2005 when she was a man named Glenn Morrison. That year, she was diagnosed with gender identity disorder, and her doctors recommended a gender transition for her health and well-being. 

'via Blog this'

Thursday, 6 October 2011

Australia court in transgender ruling

"Australia's highest court has ruled that two transgender people can be legally recognised as men, even though they have not had complete sex changes.
The decision has been welcomed by support groups for transgender people.
Australia is now one of a growing number of countries to relax the rules on surgical requirements to determine gender.
The two people at the centre of this case have not been identified.
Both had their breasts removed and underwent male hormone therapy, but they both retain some female sex organs."
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Tuesday, 20 September 2011

Gay marriage trial tapes to be public, judge rules | Reuters

I'm not at all clear on the intrinsic significance of making public the video recording of the trial evidence, but given the energy devoted by the opponents of equality to keeping the trial record secret, this ruling must be disappointing to them - and so, good news for our side.

Video recordings of the trial over California's gay marriage ban should be unsealed, a federal judge ruled on Monday.
District Judge James Ware in San Francisco said in a court order that there was "no compelling" reason to keep the digital files under seal.
Video coverage of the landmark trial was a key issue in the case, in which former U.S. District Judge Judge Vaughn Walker ultimately struck down California's Proposition 8 as unconstitutional.
Before the trial proponents of gay marriage, who had challenged the law, wanted the trial broadcast under a new rule by the appeals court in California allowing the broadcast of some civil cases. Nonetheless as the trial opened in January 2010, the U.S. Supreme Court ruled the proceedings could not be broadcast."

Friday, 16 September 2011

Thai army told to halt transgender slur - Asia, World - The Independent

There was a time when "homosexuality" was seen as a form of mental illness. (The word itself is of medical origin, just as "heterosexual" is, and is one reason why I and many others prefer to use alternative terms). Thankfully, those days are gone for most of us, and same-sex attraction is now more appropriately seen as a regularly occurring, non-pathological minority condition, rather like left-handedness. Only the lunatic fringe continues to see homoerotic orientation as requiring any kind of cure or healing.

That is not the case for gender minorities. Gender dysphoria is still listed as a psychiatric disorder, which contributes to continuning public prejudice. In Thailand however, a recent court decision will begin to change that, at least for the military, which up to now has gone beyond the "mental disorder", slur, and labelled all transwomen as "permanently insane."As all Thai males are subject to military conscription and the medical examination that goes with it, and these decisions enter the public records, there have been major negative implications for people's daily lives of males identifying as female .


Draft-age transgender Thais rejoice: your military will no longer deem you "permanently insane."
Thailand's military, which forces all young men into a conscription lottery, has traditionally dismissed as "insane" any would-be conscript who shows up with long hair and hormone-enhanced breasts.
This is a dilemma somewhat unique to Thailand, known for its large number of transgender females or "katoeys": those born as males who live as women.
The issue was explored at length in "The Lovely Conscripts," published by GlobalPost last year.
But kathoeys have now successfully pressured the military to drop its "insanity" label. This designation is more than just insulting, they say. It goes on a permanent record that all potential employers expect of applicants. As you might imagine, it's harder to find a job when you're labeled by the state as a total psycho.
-more at Global Post 


Thursday, 8 September 2011

Court Defends Gay Workers from Arizona Gov’s Attempt to Strip Benefits


 "A bill signed by Arizona Gov. Jan Brewer tried to take away the family benefits that predecessor Janet Napolitano provided, via executive order, for the families of the state’s gay and lesbian employees.

But a decision from the 9th U.S. Circuit Court of Appeals upheld an injunction against the bill, ruling that to target one group for the loss of benefits enjoyed by everyone else is a violation of equal protections set out in the U.S. Constitution.

Brewer signed a bill to strip benefits from same-sex families two years ago, in September of 2009. Napolitano had provided those benefits via executive order the year before. The bill also sought to deprive straight domestic partners of benefits, as well as grown offspring, reported local newspaper the Arizona Republic in a Sept. 6 article.

"When a state chooses to provide such benefits, it may not do so in an arbitrary or discriminatory manner that adversely affects particular groups that may be unpopular," the unanimous verdict, issued by a panel of three judges, said."

Saturday, 20 August 2011

Deportation halted for lesbian Mexican national in same-sex marriage




A Colorado immigration judge halted the deportation on Friday of a lesbian Mexican national in a same-sex marriage who would be eligible for a marriage-based green card if not for the Defense of Marriage Act.

-full report at Washington Blade