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Equality news round-up: A round-up of cases unrelated to marriage equality or DOMA


By Scottie Thomaston

We have been covering a lot of marriage equality cases and the challenges to Section 3 of the Defense of Marriage Act, and even more so since those are headed to the Supreme Court right now. But there are other LGBT rights cases working their way through the courts. Here is a round-up of some of those.

– The Sixth Circuit recently ruled that a school’s diversity officer’s firing for anti-LGBT comments was lawful. [Decision at link.]

– The Montana Supreme Court rejected a same-sex couple’s case to get equal benefits as “overly broad” in a 4-3 decision, but invited them to amend their lawsuit to specify which benefits they are seeking.

– An Iowa court has ordered an accurate death certificate for a stillborn baby with lesbian parents.

– Michigan appeals court rules in favor of second parent adoption for gay and lesbian couples.


  • 1. Steve  |  December 18, 2012 at 10:39 am

    You really need to read the dissent on the Montana opinion:…

    The concurring opinions are nothing but the usual childish, procreation BS. But the dissent is a very scathing condemnation of the rest of the court and the government. He is the only judge I can recall who has pointed out the real motivation of the anti-gay forces: an unconstitutional attempt by theocrats to enshrine their religious beliefs into law. Of course he is retiring, so that's the only reason he can afford to speak the truth

  • 2. Steve  |  December 18, 2012 at 10:42 am

    Not sure if that links for for everyone, so here is another:

  • 3. Eric  |  December 18, 2012 at 1:24 pm

    The unanimous decision by the Iowa Supreme Court was similar, they found religious animus to be the underlying motive.

  • 4. Guest  |  December 18, 2012 at 4:32 pm

    Wow, I can't believe that I didn't hear about that Michigan adoption ruling prior to now. I realize that there will probably be more appeals, but assuming that this decision stands, would the ruling "legalize" second-parent adoption by same-sex couples in Michigan? If so, that would be a very strange legal situation, considering that another court decision banned joint adoption by same-sex couples.

  • 5. Steve  |  December 18, 2012 at 6:51 pm

    The two aren't the same and you can find other states and countries that have second parent, but not joint adoption.

  • 6. Tyler  |  December 19, 2012 at 5:24 am

    The Michigan decision didn't rule in favor of second parent adoption for gay couples at all. The lower court granted the adoption in 2005. The complaining party waited several years, and instead of appealing, filed a new motion years later saying the court never had jurisdiction to enter the adoption because of the Marriage Amendment. As the court explains in footnote two, it does not decide whether the anti-gay interpretation of Michigan's law is correct or not, it merely says that a collateral attack on the adoption years later is not the correct venue to raise that question.

    So even though the end result is that a same-sex second-parent adoption stays in force, the decision in no way validated it in future cases.

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