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Open thread for news and discussion 2/21

Community/Meta Prop 8

This is an open thread. We’ll post any breaking news.

– The proponents of Prop 8 in California have appealed the judge’s order on the release of the tapes.

– A city in Mississippi has banned Pride, and Roberta Kaplan is suing.

Thanks to Equality Case Files for these filings

24 Comments Leave a Comment

  • 1. VIRick  |  February 21, 2018 at 11:51 am

    Puerto Rico: Lawmakers Fail to Override Veto of "Religious Freedom" Bill

    On Tuesday, 20 February 2018, members of the Puerto Rico House of Representatives failed to override a veto of a "religious freedom" bill that critics say would have allowed anti-LGBT discrimination in the US commonwealth.

    On 7 February, Governor Ricardo Rosselló had vetoed the measure that had received its final approval in the Puerto Rico Senate late last month. Rosselló’s pro-statehood New Progressive Party, which has a majority in the House, did not secure the necessary 34 votes to override his veto.
    http://www.washingtonblade.com/2018/02/21/puerto-

  • 2. VIRick  |  February 21, 2018 at 12:11 pm

    Pakistan: 40 Trans People Join the Boy Scouts

    Last week, in Karachi, a group of 40 transgender people joined the Pakistan Boy Scouts Association (PBSA). The Boy Scouts are not gender-specific, despite what the name suggests, and so trans women were also welcome to take the oath.

    In Pakistan, the PBSA works to support young people in their development, and recognizes that trans people also need this support. Atif Amin Hussain, the commissioner of the local IPC Sindh Boys Scouts, said that the PBSA was “open to all, without distinction of origin, race, or creed." Akuter Mir, a secretary of the same group, added: “Transgender people are also youth, and we don’t discriminate on the basis of gender.”
    https://www.pinknews.co.uk/2018/02/20/40-trans-pe

  • 3. VIRick  |  February 21, 2018 at 12:58 pm

    Chile: One More Step for Gender Identity

    Per Movilh Chile:

    El Colegio Concepción de Chillán en la provincia de Biobío permitirá a estudiantes trans usar uniforme (escolar) acorde a su identidad de género.
    http://www.movilh.cl/colegio-concepcion-de-chilla

    El Colegio Concepción de Chillán in Biobío province will permit trans students to wear the (school) uniform in accord with their gender identity.

  • 4. VIRick  |  February 21, 2018 at 3:44 pm

    Veracruz: Municipality of San Rafael Declares Itself "Gay Friendly"

    San Rafael se declaren “gay friendly." Recientemente el alcalde de San Rafael, Luis Daniel Lagunes Marín, aseguró que su administración apoyará a las parejas gay con asesoría jurídica para que tramiten amparos y puedan casarse.
    http://www.lospoliticosveracruz.com.mx/congreso-a

    San Rafael declares itself "gay friendly." Recently, the mayor of San Rafael, Luis Daniel Lagunes Marín, said his administration will support gay couples with legal advice so that they can process their amparos in order to marry.

    San Rafael, north of Xalapa, near Martínez de la Torre, began as a 19th century French immigrant community, and still processes vanilla for export.

  • 5. VIRick  |  February 22, 2018 at 6:14 pm

    Kenya: LGBT Rights Group Challenges Nation's Anti-Gay Laws in Court

    Per LGBT Marriage News:

    Nairobi – On Thursday, 22 February 2018, Kenya's High Court began hearing arguments in a case that challenges parts of the penal code seen as targeting the lesbian, gay, bisexual, and transgender communities.

    The National Gay and Lesbian Human Rights Commission argues that sections of the code are in breach of the constitution and deny basic rights by criminalizing consensual same-sex relations between adults. These same sections of the code are also used to justify violence against lesbian, gay, bisexual, and transgender people in the East African nation, the commission's executive director, Eric Gitari, said in a statement.

    A person can suppress sexual behavior but not sexual orientation, an expert witness for the rights commission, and associate professor of psychiatry, Lukoye Atwoli, told the court. It was not immediately clear when a ruling was to be expected.
    https://www.seattlepi.com/news/world/article/Righ

  • 6. allan120102  |  February 22, 2018 at 7:19 pm

    Costa Rica, hopefully the court resolve after the election so the opposing lgbt candidate dont get footing in conservative CR.
    Room IV is under study six files of people who claim state recognition of marriage between people of the same sex. There are three amparo appeals and three unconstitutionality actions.

    Four of the cases were presented this year after the Inter-American Court of Human Rights (Inter-American Court of Human Rights) issued an advisory opinion, according to which the country should recognize homosexual couples the same rights as heterosexual couples without any discrimination. It was notified to the government of the Republic on January 9.
    after two actions date from 2013 and 2015. In these, the articles of the Family Code are challenged, making it impossible for unions between people of the same sex.

    The pending cases to solve are:

    Records 13-13032-0007-CO and 15-13971-0007-CO: Actions of unconstitutionality against the norm of the Family Code that prevents recognizing the de facto union between persons of the same sex.

    File 18-343-0007-CO: Appeal for amparo presented by a couple that demands equal marriage and states that the State institutions are not complying with what has been said by the Inter-American Court.

    Expedientes 18-0876-0007-CO, 18-1251-0007-CO and 18-1265-0007-CO: Appeal of amparo against the agreement 2018-002-024 of the Superior Notarial Council that prohibited the notaries to celebrate marriages between persons of the same sex

    Additionally, Room IV rejected four remedies of amparo against that agreement of the Superior Notarial Council, taken on January 18 of this year, since the appellants did not indicate a direct injury, which is a requirement of admissibility of the actions before Chamber IV .

    This agreement states: "That, until a legislative reform is made, or an annulment sentence is issued in the constitutional way, the norms that regulate marriage in Costa Rica, specifically article 14, subsection 6 of the Family Code, are they remain in force, and for this reason public notaries, in the exercise of their function, must adhere to them. "

    The decision came days before a couple celebrated their marriage, with the intention of registering it before the Civil Registry.

    Judge Fernando Cruz explained to La Nación that the Chamber is in a process of 'reflection' after the advisory opinion of the Inter-American Court.

    In the case of file 18-1251-0007-CO, the appellants did indicate a direct injury by the decision of the Superior Notarial Council, but this resolution is pending.

    In the other pending appeal, on 18-0876-0007-CO, the magistrates must analyze if they are inhibited from the process, because the appellant challenged, in addition to the decision of the Notarial Council, the magistrates for not having resolved the pending unconstitutionality actions since 2013.

    If the inhibitory ones are processed, substitute magistrates must be appointed to solve those resources.

    The Constitutional Chamber does not have a definite deadline to rule on these actions. https://www.nacion.com/el-pais/politica/sala-iv-e

  • 7. VIRick  |  February 23, 2018 at 10:48 am

    Costa Rica: 6 Same-Sex Marriage Cases Pending Before Constitutional Court

    Per Rex Wockner y "La Nación:"

    The Constitutional Court of Costa Rica (Sala IV) has under study six cases from plaintiffs who demand state recognition of same-sex marriage. Three are amparo appeals, and three are unconstitutionality actions.

    Four of the cases were presented in 2018 after the Inter-American Court of Human Rights (CIDH) issued its advisory opinion, according to which the country should recognize same-sex couples with the same rights as heterosexual couples, without discrimination. The government of the Republic was notified of this ruling on 9 January 2018.

    Two actions date from 2013 and 2015, respectively. In these, the articles of the Family Code are challenged, given that said articles make same-sex unions impossible.

    The 6 pending cases awaiting resolution are:

    Cases 13-13032-0007-CO and 15-13971-0007-CO: Actions of Unconstitutionality against the norm of the Family Code which prevents recognizing the de facto unions between persons of the same sex.

    Case 18-0343-0007-CO: Appeal of amparo as presented by a couple who demand marriage equality, and who claim that the state institutions are not complying with what has been stated by the Inter-American Court of Human Rights (CIDH).

    Cases 18-0876-0007-CO, 18-1251-0007-CO, and 18-1265-0007-CO: Appeal of amparos against the agreement, 2018-002-024, of the Superior Notarial Council which prohibit notaries from celebrating marriages between persons of the same sex.

    Additionally, Sala IV rejected four remedies of amparo against this same agreement issued by the Superior Notarial Council on 18 January 2018, since the appellants did not indicate a direct injury, a requirement for admissibility before Sala IV. This agreement states "that until a legislative reform is made, or an annulment sentence is issued in a constitutional manner, the norms that regulate marriage in Costa Rica, specifically article 14, subsection 6 of the Family Code, will remain in force, and for this reason, public notaries, in the exercise of their function, must adhere to them."

    However, in the case, 18-1251-0007-CO, the appellants did indicate a direct injury by the decision of the Superior Notarial Council. This case remains pending.

    In another pending appeal, 18-0876-0007-CO, the justices must analyze if they need to recuse themselves from the process, because the appellant challenged, in addition to the decision of the Notarial Council, the justices themselves, for not having resolved the pending unconstitutionality actions since 2013. If they find this to be so, then substitute justices must be appointed to resolve the matter.
    https://www.nacion.com/el-pais/politica/sala-iv-e

  • 8. VIRick  |  February 23, 2018 at 2:45 pm

    Georgia: State Senate Approves Anti-LGBT Adoption Bill

    Per Joe.My.God and the "Georgia Voice:"

    On Friday, 23 February 2018, the Georgia state Senate passed SB 375, the "Keep Faith in Adoption and Foster Care Act," that would allow adoption agencies to refuse to place children with same-sex couples based on the agencies' religious beliefs. The bill would also prohibit the Georgia Department of Human Services from taking “adverse action” against such agencies. The bill passed 35-19 and will now head to the House for its consideration.
    http://www.joemygod.com/2018/02/23/georgia-senate

    Note: This newsworthy article was not posted so that those who might disapprove would thus have a chance to down-vote it based on their own personal pique with the biased measure, but rather, it was posted so as to keep us all informed of the haters' latest tactic in expressing their own animosity toward LGBT issues. In 2017, a similarly-focused, restrictive adoption law was enacted in Texas (dodging the widespread antipathy generated by the broader "religious freedom" laws passed in Indiana and North Carolina), and it would now appear that that particular piece of Texas legislation is currently being copied by other narrow-minded, homophobic legislators throughout the South.

  • 9. VIRick  |  February 23, 2018 at 3:11 pm

    UK Labour MP to Introduce Northern Ireland Same-Sex Marriage Bill in March

    The UK's Northern Ireland Secretary Karen Bradley has previously stated that MPs would be given a free vote on the Northern Ireland same-sex marriage matter, while South Armagh-born Labour MP Conor McGinn (the current MP for St. Helens North) said that he would be introducing a private member’s bill to that effect in March. In the interim, he will be working with the Love Equality campaign for equal civil marriage in Northern Ireland to prepare the required legislation.
    https://www.belfasttelegraph.co.uk/news/northern-

    St. Helens North is a constituency located mid-way between Liverpool and Manchester.

  • 10. allan120102  |  February 23, 2018 at 4:09 pm

    Baja California
    First same sex couple to get married in the state can also adopt rule a state judge after authorities of the state try to denied them from adopting http://www.sandiegored.com/es/noticias/159265/Apr

  • 11. VIRick  |  February 23, 2018 at 8:48 pm

    Baja California: State DIF Complies with Amparo and Begins Adoption Process

    Per Rex Wockner y "La Cronica:"

    Baja California: DIF Estatal Acata Amparo y Comienza Tramite de Adopción

    Hoy día, 23 de febrero 2018, el DIF Estatal acató el amparo federal para continuar con el proceso de adopción para Víctor Fernando Urías Amparo y Víctor Manuel Aguirre Espinoza, la primera pareja gay en casarse legalmente por la vía civil en Baja California.

    Los esposos explicaron que el amparo fue solicitado porque la autoridad (de adopciones) solicitaba requisitos no estipulados dentro del marco de la ley, donde destacó que no precisaron que documentación (que querían). Los abogados José Luis Márquez Saavedra y Alex Alí Méndez Díaz detallaron que no permitirán que soliciten documentos no estipulados en la ley de adopción.
    http://www.lacronica.com/EdicionEnLinea/Notas/Not

    Today, 23 February 2018, the State DIF complied with the federal injunction to continue with the adoption process for Víctor Fernando Urías Amparo and Víctor Manuel Aguirre Espinoza, the first same-sex couple to legally join in civil marriage in Baja California.

    The spouses explained that the amparo was requested because the (adoption) authority requested requirements not stipulated within the framework of the law, while stressing that they did not specify what documentation (was wanted). Lawyers José Luis Márquez Saavedra and Alex Alí Méndez Díaz explained that they would not allow them to request documents not stipulated in the adoption law.

    Note: This is the first same-sex adoption proceedings to occur in Baja California.

    The state adoption system in Mexico is known as: El Sistema Estatal para el Desarrollo Integral de la Familia (DIF), or the State System for Integral Family Development. It is totally and directly government-run, without any involvement of church organizations whatsoever. Period. USA take note.

  • 12. JayJonson  |  February 24, 2018 at 5:49 am

    Glad that there is still a modicum of justice in this country. Hawaii's appellate court has upheld a decision against a bed-and-breakfast that discriminated against a lesbian couple. Hope the bed-and-breakfast owners will have to pay through the nose.
    http://www.hawaiinewsnow.com/story/37581493/lesbi

  • 13. VIRick  |  February 24, 2018 at 2:04 pm

    Dominican Republic: LGBT Organizational Meeting Just Held

    Per Yimbert F. Telemin:

    (Hoy día, 24 de febrero de 2018, tuvimos una) reunión de organizaciones GLBT (en Santo Domingo) para la construcción del Plan Operativo 2018-2020 de la comunidad GLBT de la República Dominicana.
    https://twitter.com/Yimbort

    (Today, 24 February 2018, we held a) meeting of LGBT organizations (in Santo Domingo) for the construction of the Operational Plan 2018-2020 for the LGBT community of the Dominican Republic.

  • 14. VIRick  |  February 24, 2018 at 4:10 pm

    Hawai'i: Appeals Court Rules Against B&B That Turned Away Lesbian Couple

    Per Joe.My.God and "Hawai'i News Now:"

    On Friday, 23 February 2018, Hawai'i’s Intermediate Court of Appeals upheld a previous ruling that found a Hawai'i Kai bed-and-breakfast was discriminatory for refusing a room to a lesbian couple, California residents Diane Cervelli and Taeko Bufford, because of their sexual orientation.

    The women were represented by Lambda Legal, a nonprofit LGBTQ rights organization. “This has never been a case about the money,” said Jennifer Pizer of Lambda Legal. “It’s really been about a civil rights law that needs to protect everyone. It needs to be real, and it needs to be followed. When people come for a vacation or other reasons to visit in Hawai'i, everyone should be treated equally.”

    Throughout the case, the ADF lawyers for the owner of Aloha Bed & Breakfast claimed Phyllis Young’s religious views allowed her to refuse to rent a room to a same-sex couple. Upon investigation, Young admitted to turning the women away because she felt that homosexual relationships were “detestable” and “defiled the land.”

    Young, the bigot who thus lost, was represented by the vociferously anti-LGBT Alliance Defending Freedom (ADF). Another judge will determine how much money in damages the women should be paid.
    http://www.joemygod.com/2018/02/24/hawaii-appeals

    This case has been dragged out for a very long time. The first court to rule in favor of Cervelli and Bufford did so in April 2013.

  • 15. Elihu_Bystander  |  February 25, 2018 at 5:51 am

    I suppose these cases of discrimination have to run their course. However, aren't they all going to depend on the ruling in Masterpice Cakeshop for final adjudication?

  • 16. scream4ever  |  February 25, 2018 at 12:02 pm

    Basically yes, which I suspect will be a narrowly tailored ruling in our favor.

  • 17. guitaristbl  |  February 25, 2018 at 12:18 pm

    Yes but it will depend on the scope of that ruling. The ruling will most probably establish some right to discriminate when it comes to "artistic expression" and I doubt hosting people in a B&B qualifies as something artistic. On the other hand they may strike down anti-discrimination laws for sexual orientation in general and in that case this ruling in Hawaii is moot.

  • 18. VIRick  |  February 25, 2018 at 12:36 pm

    Arkansas "Sex Favors" Judge Sentenced to Federal Prison

    The Arkansas judge who traded sexual favors with male defendants for lighter sentences, or for the dismissal of their cases, is going to jail. O. Joseph Boeckmann, 72, a former state district judge for the First Judicial Circuit of Arkansas, has been sentenced to five years in federal prison and fined $50,000.

    Boeckmann admitted to a seven-year fraud and bribery scheme in which he’d dismiss minor criminal cases for nude photos or sexual favors from his male defendants. He’d invite young males to complete community service at his home. Then he’d photograph them nude as they picked up trash. The ethics complaint against him said the pictures depicted “young men, many naked, who are in various poses inside the judge’s home and outside his yard.” His computer also had “numerous photos of naked young men bending over after an apparent paddling.” He was also found guilty of bribing a witness in an attempt to obstruct an official investigation into the scheme.

    Prosecutors had recommend three years in prison, but US District Judge Kristine Baker gave him five years for acting corruptly and obstructing justice while on the bench. Boeckmann, of Wynne AR, was a judge from 2009-15 in Cross County, northeast Arkansas, 60 miles west of Memphis. He resigned in May 2016 before his October 2016 indictment.
    https://www.lgbtqnation.com/2018/02/arkansas-sex-

    For the DOJ press release on this case, see:
    https://www.justice.gov/opa/pr/former-arkansas-st

    Note: US District Judge Kristine Baker is the same federal judge who ruled that Arkansas' ban on same-sex marriage was unconstitutional.

  • 19. FredDorner  |  February 25, 2018 at 12:37 pm

    I suspect your post was about Hawaii not the Dominican Republic, but I think the overwhelming thrust of the past 50+ years of precedents in modern public accommodation cases indicates that SCOTUS must uphold these laws. To permit religion to be an excuse to violate the law would undermine a huge body of law dating back to at least 1878, and more generally undermine our legal system to a great degree.

    So yes the outcome does depend on Masterpiece. But I seriously doubt SCOTUS will support the bigoted baker because the consequences would be catastrophic.

  • 20. VIRick  |  February 25, 2018 at 2:13 pm

    IACHR Calls Paraguay to a Hearing on Gender Policies and Sexual Diversity

    Per "Noticias LGBT" y "La Nación" de Paraguay:

    CIDH Convoca a Paraguay a Audiencia sobre Políticas de Género y Diversidad Sexual

    Desde el 22 de febrero hasta el 2 de marzo 2018, se lleva a cabo el 167 Período de Sesiones de la Comisión Interamericana de Derechos Humanos (CIDH) en Bogotá, Colombia, y en este periodo se realizarán 30 audiencias sobre diferentes temas (lea como "violaciones probables") de DDHH de varios países de la región.

    Mañana, 26 de febrero 2018, a las 11:00 (hora de Paraguay), tendrá lugar dicha audiencia (contra Paraguay) y Paraguay deberá responder sobre políticas de género y diversidad sexual en el país. La misma es convocada por iniciativa de la CIDH, ante la preocupación de posibles retrocesos de los derechos de las mujeres, las personas LGBTI, y las niñas/os a recibir una educación libre de violencia ante los efectos de la Resolución N° 29 664 del MEC.
    http://www.lanacion.com.py/pais/2018/02/25/cidh-c

    From 22 February to 2 March 2018, the 167th Session of the Inter-American Commission on Human Rights (CIDH) will be held in Bogotá, Colombia. During this period, 30 hearings will be held on different human rights topics (read as "likely violations") from various countries of the region.

    Tomorrow, 26 February 2018, at 11:00 (Paraguay time), said hearing will take place (against Paraguay), and Paraguay will have to answer about gender and sexual diversity policies in the country. The hearing is being convened at the initiative of the IACHR, in view of the possible setbacks in the rights of women, LGBTI persons, and children to receive a violence-free education, following the effects of Resolution No. 29,664 of the MEC.

  • 21. VIRick  |  February 25, 2018 at 3:26 pm

    Costa Rica: "We Would Have No Choice but to Comply" if Sala IV Endorses the Opinion of the IACHR on Marriage Equality: Bishop Ángel San Casimiro

    Per "La Nación" de Costa Rica:

    Costa Rica: "No Nos Quedaría Más Remedio que Acatar" si Sala IV Avala Opinión de CIDH sobre el Matrimonio Igualitario: Ángel San Casimiro, Obispo
    https://www.nacion.com/el-pais/politica/angel-san

    This headline comment from the bishop of the Roman Catholic Diocese of Alajuela, Ángel San Casimiro Fernández, and issued today, 25 February 2018, was published in response to the news two days ago that there are now 6 pending same-sex marriage cases before the Constitutional Court of Costa Rica (Sala IV) (see posts above for details of each).

    Hopefully, this comment from the bishop will also dampen some of the popularity of Fabricio Alvarado, the right-wing, nut-job evangelical preacher who surged into first place in the first round of the presidential elections, and who has also reportedly recently backed down somewhat from his most extreme, attacking positions against LGBT rights.

  • 22. scream4ever  |  February 25, 2018 at 3:53 pm

    Artistic expression is fine, but when you run a business it's different. I think Kennedy's comments were misconstrued by many. Some said he was ready to rule against us after the Obergefell arguments, when he's simply being impartial.

  • 23. guitaristbl  |  February 26, 2018 at 9:11 am

    Second Circuit rules Title VII bans discrimination on the basis of sexual orientation :
    https://www.buzzfeed.com/dominicholden/a-federal-

    "The Court of Appeals for the 2nd Circuit ruled Monday, “We now hold that sexual orientation discrimination constitutes a form of discrimination ‘because of . . . sex,’ in violation of Title VII.” In doing so, the court overruled a lower court — and a precedent from two previous court cases — and remanded the case to be litigated in light of their reading of Title VII."

    En banc with 13 judges – 11 plus 2 senior : Concurrences and joinings as to parts are too complicated to cite but the judgement seems 10-3 with Lynch (Obama appointee), Livingiston (G.W. Bush appointee) and Raggi (G.W Bush appointee) dissenting.

    Here it is, 163 pages of it with a 74-page Lynch dissent (great Obama pick there for sure…) :
    http://www.ca2.uscourts.gov/decisions/isysquery/a

    Enjoy !

  • 24. guitaristbl  |  February 26, 2018 at 9:28 am

    Judge Cabranes is really mad with the court for not simplifying the situation and gives his judgement in a few lines lol :

    "I concur only in the judgment of the Court. It will take the courts years to
    sort out how each of the theories presented by the majority applies to other Title
    VII protected classes: “race, color, religion, . . . [and] national origin.” 42 U.S.C. §
    2000e‐2(a)(1).
    This is a straightforward case of statutory construction. Title VII of the Civil
    Rights Act of 1964 prohibits discrimination “because of . . . sex.” Id. Zarda’s sexual
    orientation is a function of his sex. Discrimination against Zarda because of his
    sexual orientation therefore is discrimination because of his sex, and is prohibited
    by Title VII.
    That should be the end of the analysis."

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