JuristMail - Legal News » civil rights abuses

Gay Marriage Rights Hits a Snag in NY, NJ

Alicia Norman — Sun, 29 Nov 2009 00:32:18 +0000

In a surprise blow to the gay marriage rights movement, it appears as if liberal leaning New York and New Jersey may not vote on legalizing homosexual unions in the near future. This comes just as Freedom to Marry and other gay right organizations have gained momentum in key states throughout the Northeast.

Advocates for same-sex legislation that gives gays the same rights as heterosexual couples have counted on obtaining votes in New York and New Jersey, but it now seems as if the votes may never come. Freedom to Marry Executive Director Evan Wolfson isn’t apprehensive about the development, citing the fact that all civil rights movements ebb and flow.

On the other hand, National Organization for Marriage President Maggie Gallagher says conservatives are gaining momentum, citing Maine’s ban on same-sex marriages, which was a sharp reversal after initial votes to allow it.

It remains to seen if New York and New Jersey will vote on the legislation any time soon.

No related posts.

Related posts brought to you by Yet Another Related Posts Plugin.

Gay Couples can Recieve Benefits Declares NY Judge

Alicia Norman — Sun, 29 Nov 2009 00:30:36 +0000

Legally married same sex couples in New York can receive benefits an Albany NY court judge ruled. The judgment came after a Christian legal group challenged a ruling that allowed homosexual couples to receive government benefits. To that end, the court came just shy of indicating whether or not same sex spouses were privy to all the same entitlements enjoyed by heterosexual married couples.

The ruling came down Thursday and although New York doesn’t allow same sex marriage, the judgment protects the rights of couples married elsewhere.

The case was propelled forward by the Alliance Defense Fund of Scottsdale, Arizona, a Christian Group who is against same sex marriages and any benefits supplied to that end. The judge cautioned that groups that seek to pursue such matters may create “an unworkable pattern of conflicting orders by public officials involving different benefits and rights.”

No related posts.

Related posts brought to you by Yet Another Related Posts Plugin.

Supreme Court Rejects Case Involving Religious Speech Delivered at Shcool

Alicia Norman — Sun, 29 Nov 2009 00:20:04 +0000

A student who complained that her constitutional right to free speech was violated when a school turned her microphone off during her graduation speech, will not be able to bring her case to the Supreme Court.

A federal appeals court had already ruled against valedictorian Brittany McComb of Henderson, Nev. who challenged the actions of Clark County school officials after they turned the microphone off because of a Jesus laden monologue. The school asserted that the speech was inappropriate because of graphic descriptions of Christ’s Crucifixion and a call for students to join the Christian faith.

School officials also noted that McComb had given them a previous speech which they pre-approved but she had changed the text prior to the event in question.

The justices said Monday they will not re-consider the lawsuit and denied the student’s request for a new trial.

No related posts.

Related posts brought to you by Yet Another Related Posts Plugin.

Foot Model Sues Upscale Co-Op for Discrimination

Alicia Norman — Wed, 25 Nov 2009 18:28:38 +0000

A NYC city foot model who married the doorman that used to work at her uppercrust co-op sued the complex stating that her and the ex-employee were being discriminated against. In her suit, Christina Ambers alleges that she and the former porter, a Hispanic man named Angel Rotger, are being forced out of Avon house, which is located at East 74th Street.

She filed a $10 million dollar lawsuit against the Manhattan apartment management company, claiming that after she and Rotger married in July, employees in the building made her hail her own taxi and retrieve her own packages. She also believes that residents object to having a Hispanic living in the build, in particular, one that used to work there.

The official legal advisor for Avon House, Joe Colbert, said in a recent statement that the claims have “no merit.”

No related posts.

Related posts brought to you by Yet Another Related Posts Plugin.

Secondhand Smoke Testimony Thrown Out by SD Judge

Alicia Norman — Mon, 09 Nov 2009 16:02:30 +0000

A South Dakota circuit court judge ruled that the American Cancer Society couldn’t introduce research that indicated health risks posed from second hand smoke in court.

This comes shortly after the American Cancer Society won a victory when they were able to get the 2009 SD legislature to ban smoking in many state establishments, including but not limited to restaurants, bars and casinos. New measures being considered would allow the ban to include workplaces and other public areas. The ban was supposed to take effect July 1, but has met resistance from local business owners.

Deadwood SD bar and casino owners say that outlawing smoking would drive away their customer base. They also argued that the new law infringed upon business owner rights and have sought to force a public vote on the matter in November 2010. Businessmen gathered petition signatures to back their movement.

Current Secretary of State Chris Nelson did not allow the petitions in court however, stating that many of the signatures were invalid. Just as well, since South Dakota Constitution bars referendum votes on measures needed for the immediate preservation of the public health, peace or safety.

Circuit Judge Kathleen Trandahl, who is presiding over the case, will hold the trial Nov. 12-13.

No related posts.

Related posts brought to you by Yet Another Related Posts Plugin.

Jessica’s Law Challenged in Calif. Court

Alicia Norman — Wed, 04 Nov 2009 23:54:18 +0000

A law that was enacted to protect children from sexual predators is set to be reviewed and challenged in the California Supreme Court. The legislation, called Jessica’s law, makes it illegal for registered sex offenders to live within 2,000 feet of a park or school.

The law was put into affect after Jessica Lunsford, a young Florida girl, was sexually assaulted and killed by John Couey in 2005. The girl’s killer was a known repeat offender. Public outrage spurred the law on and included tough provisions like a mandatory minimum of 25 years in prison. 42 states enacted the law, with California among them.

In California, the law took effect in Nov 8, 2006 and stipulated that sex offenders must comply with specified domicile restrictions or face further jail time.

Four registered sexual offenders have filed a lawsuit in Berkeley California claiming that the requirement violates the rights of ex cons. They also claim that the law makes it near impossible to find a place to live.

No related posts.

Related posts brought to you by Yet Another Related Posts Plugin.

Lesbian Soliders Most Likely to Be Expelled under “Don’t Ask, Don’t Tell”

Alicia Norman — Tue, 13 Oct 2009 07:02:22 +0000

New studies reveals that women are most likely to be discharged under the current “Don’t Ask, don’t tell” laws. The revelation comes just as President Obama promises to repeal the law.

Statistics obtained from the Pentagon revealed that over 619 men and women were discharged last year due to their sexual orientation and of those numbers, 1/3 were women. This despite the fact that they only make up 15 percent of all active duty members.

The numbers were as follows:

Army: although women accounted for only 14 percent of personnel they made up 36 percent of the “don’t ask, don’t tell” discharges in 2008.

Navy: women made up 14 percent of the personnel and 23 percent of DADT discharges.

Marines: women made up a mere 6 percent of personnel and 18 percent of those discharged.

Air Force: In the most glaring of the numbers, women represented 20 percent of military personnel and 61 percent of those expelled under DADT.

According to Obama, current legislation is being drafted to deal with the issue and new provisions will be made to ensure that gay men and women do not have their civil rights infringed upon in the military based on their sexual orientation.

No related posts.

Related posts brought to you by Yet Another Related Posts Plugin.

Cops Uses Stun Gun on Wheelchair Bound Amputee

Alicia Norman — Wed, 23 Sep 2009 23:57:41 +0000

In an effort to enforce a child protection order and follow up on a domestic abuse case, cops allegedly tased a wheelchair bound Amputee in Merced California. The victim, 40-year-old Gregory Williams claims that police viciously attacked and manhandled him during the incident. Witnesses to the attack also state that the officer’s tased the wheelchair bound man twice then left him handcuffed with his pants down in full view of the public during the day. Williams spent six days in jail before he was released due to lack of evidence.

Officers were following up to a September 11^th compliant on Williams regarding resisting arrest and domestic violence chargea. Merced police informed Internal Affairs that Williams was uncooperative and refused to hand over his 2-year-old daughter to Child Protective Services when they arrived at his home.

The Merced Police department is not issuing any statements on the case until Internal Affairs further investigates the matter.

No related posts.

Related posts brought to you by Yet Another Related Posts Plugin.

Rights of the Mentally Ill Violated in NY

Alicia Norman — Thu, 10 Sep 2009 16:57:28 +0000

A NY federal judge ruled that New York State violated the Americans with Disabilities Act after they placed 4,300 mentally ill and displaced patients in nursing homes that were no better than the institutions they were replacing.

The ruling came down Tuesday after Brooklyn judge Nicholas Garaufis decided that the mentally ill were not able to receive the help they needed because they were placed in unsuitable conditions. The suit also alleged that they were unable to receive proper care after they were relocated into institutions that could not provide it.

Advocates for the disabled sued the state on behalf of individuals who were harmed by the practice. Officials for these organizations stated that the mentally challenged and sick would fare better in their own apartments and at no greater cost to the state.

Spokeswoman for the NY State of Mental Health said that the agency was considering the ruling and could not comment at this time.

No related posts.

Related posts brought to you by Yet Another Related Posts Plugin.

Woman Outraged Over Son’s Baptism Without her Consent

Alicia Norman — Wed, 09 Sep 2009 04:17:46 +0000

A Hardinsburg Kentucky mom is considering filing a lawsuit against a high school coach who baptized her son without her consent. Michelle Ammons says her 16-year-old, along with fellow football team members, were taken to a Baptist revival by their coach. Son, Robert Coffey, told a local paper that Coach Scott Mooney indicated that the trip would entail a speech from a motivational speaker and a steak dinner.

When the team arrived, the son realized it was more of a religious affair. Other attendees indicated that they were told that the event was going to be a spiritual revival ahead of time.

School Superintendent Janet Meeks, who attends the same church as Coach Mooney, stated that no one was required to go on the trip. Ammons contends that she did not know what the trip would entail and would not have let her son go if she had.

She is still contemplating whether she should file a lawsuit under civil rights violation laws.

No related posts.

Related posts brought to you by Yet Another Related Posts Plugin.