Sign Up to Receive Email Action Alerts From Issa Exposed
×

1/18 SCOTUS watch: still no action in LGBT cases

Community/Meta

The Supreme Court held another private conference today in which it considered issues including whether to take up cases related to LGBT employment discrimination and the military’s ban on transgender servicemembers. The Court has been releasing Friday orders lately, seemingly because it’s getting close to the point at which they’re filling up all the argument slots for this term. But the Court has yet to issue an order from today’s conference.

If any of the cases are granted, it’s increasingly unlikely they’ll be heard this term. We expect another order list on Tuesday, so we’ll report any news then.

28 Comments Leave a Comment

  • 1. VIRick  |  January 18, 2019 at 4:50 pm

    Kenya: Constitutional Court to Issue Ruling on Sodomy Law on 22 February 2019

    Per LGBT Marriage News:

    On 22 February 2019, a three-judge bench of the Constitutional Court in Nairobi will give Kenyans their decision on whether laws that criminalize the private, consensual relations of people of the same sex are to be scrapped.

    The case, heard in February 2018, was brought by Eric Gitari, until recently the executive director of the National Gay and Lesbian Human Rights Commission, a local rights organization that provides free legal aid services to Kenya’s persecuted LGBT+ community.
    http://www.openlynews.com/i/?id=b11e1efe-8e6b-4d0….

  • 2. allan120102  |  January 19, 2019 at 6:03 pm

    More about the pending case of ssm in El Salvador. https://www.lavanguardia.com/vida/20190119/454199

  • 3. ianbirmingham  |  January 19, 2019 at 7:00 pm

    Ocasio-Cortez Includes Trans Women in Fiery Women's March Speech

    As Women’s Marches proceeded around the nation Saturday, with thousands attending despite controversy over the march’s national leadership, the New York march was marked by a fiery, inclusive speech by freshman Congresswoman Alexandria Ocasio-Cortez.

    Ocasio-Cortez, who wore pins representing LGBTQ and Transgender Pride, made the point that “being polite is not the same thing as being quiet,” and touched on numerous intersectional issues:

    “Let us remember that a fight means no person left behind. So when people want to stop talking about the issues black women face, when people want to stop talking about the issues that trans women or immigrant women face, we’ve got to ask them, Why does that make you so uncomfortable? … This is not just about identity, this is about justice and this is about the America we are going to bring into this world.”

    https://www.advocate.com/politics/2019/1/19/ocasi

  • 4. arturo547  |  January 19, 2019 at 7:04 pm

    What is happening in El Salvador is really sad. But just one question: as the marriage case has been rejected by the Supreme Court, does it mean that the LGBT activist can now file a lawsuit before the Inter-American Commission? I think they come first, and then the IACHR. Bad news must be turned into good news. A definite ruling by the IACHR would be groundbreaking.

  • 5. VIRick  |  January 19, 2019 at 7:21 pm

    Salvadoran Judgment Requested to Resolve Lawsuit to Allow Same-Sex Marriage

    Piden a Juzgadse Salvadoreña Resolver Demanda para Permitir Matrimonio Gay

    San Salvador, 18 enero 2019 – Una organización social salvadoreña pidió hoy a la Sala de lo Constitucional de la Corte Suprema de El Salvador que resuelva una demanda que busca anular las disposiciones legales que frenan el matrimonio homosexual en su país.

    La Fundación Igualitxs exhortó a los jueces constitucionales a que finalicen el "análisis de admisión" de la demanda de inconstitucionalidad contra varios artículos del Código de Familia presentada en noviembre del 2016. "Tras haber transcurrido más de 700 días desde su presentación, consideramos que es injusto que la Sala de lo Constitucional no cumpla con su obligación de dar una respuesta pronta y cumplida," reza un comunicado.

    La demanda busca que los jueces declaren inconstitucionales varios artículos del Código de Familia, entre ellos el número 11, que contempla que "el matrimonio es la unión legal de un hombre y una mujer, con el fin de establecer una plena y permanente comunidad de vida."
    https://www.lavanguardia.com/vida/20190119/454199

    San Salvador, 18 January 2019 – Today, a Salvadoran social organization requested that the Constitutional Chamber of the Supreme Court of El Salvador resolve a lawsuit that seeks to nullify the legal provisions that prevent same-sex marriage in the country.

    The Igualitxs Foundation exhorted the constitutional judges to finalize the "analysis of admission" of the unconstitutionality lawsuit against several articles of the Family Code presented in November 2016. "Since more than 700 days have elapsed since its presentation, we believe it is unfair that the Constitutional Chamber has not complied with its obligation to give a prompt and fulfilling response," reads the statement.

    The lawsuit seeks for the judges to declare unconstitutional several articles of the Family Code, including number 11, which states that "marriage is the legal union of a man and a woman, in order to establish a full and permanent community of life."

  • 6. VIRick  |  January 19, 2019 at 7:36 pm

    Arturo, there are multiple lawsuits seeking marriage equality before the Constitutional Court of El Salvador. Some time ago, on 21 December 2016, one was rejected on some sort of procedural grounds. This past Thursday, 17 January 2019, another was rejected by the court on different procedural grounds. However, the main one is still pending.

    See immediately below for more details. We must also note, as this same article in "La Vanguardia" points out, that the same court, on 31 January 2018, rejected the proposed constitutional amendment, approved by Congress in April 2015, seeking to prohibit same-sex marriage:

    En enero de 2018, la Sala de lo Constitucional frenó la ratificación de una reforma de la Constitución, aprobada por el Congreso en abril de 2015, con la que se buscaba prohibir el matrimonio homosexual.
    https://www.lavanguardia.com/vida/20190119/454199

    Also, be sure to read and note the triple-tweet (un tuit en triple) I posted near the end of the previous thread, particularly:

    Per Erick Iván Ortiz:

    Hoy, 17 de enero 2019, la Sala Constitucional de la Corte Suprema de El Salvador declaró improcedente una de las múltiples demandas que se han interpuesto por la igualdad matrimonial en el país. La Sala aclara que en este caso la improcedencia se debe a elementos de forma de la demanda y no del fondo de lo planteado.
    https://twitter.com/EIvanOrtiz/status/10860323709

    Today, 17 January 2019, the Constitutional Chamber of the Supreme Court of El Salvador declared inadmissible one of the multiple demands that have been filed for marriage equality in the country. The Chamber clarifies that in this case the inadmissibility is due to elements of the form of the claim and not from the merits of the proposal.

    If all else fails, I am claiming Johnny Wright Sol, the openly gay potential candidate for President of El Salvador.
    https://twitter.com/johnnywsol/status/54504403086
    https://twitter.com/johnnywsol?lang=en

  • 7. allan120102  |  January 19, 2019 at 8:24 pm

    Not really the one in the link I share right now is the main one and the most important, this one is pack with the core of what the courts need to struck down the ssm ban. I believe this is why the court is taking so long in agreeing to take this case as everyone knows it will probably be the one to legalize ssm in El Salvador, the court in El Salvador has actually become more liberal as new judges have been appoint in the past few years, right now the court of El Salvador is more liberal than the court in my country(Honduras) and Guatemala. The case that was reject was other and not as well develop as this one.

  • 8. VIRick  |  January 19, 2019 at 9:24 pm

    For El Salvador, in digging back through my archives, this appears to be the longest-standing marriage equality case which remains pending, as its November 2016 filing date fits with the 700-plus days time-frame mentioned below:

    A new request for an "Action of Unconstitutionality" was just filed today, 11 November 2016, with El Salvador's Constitutional Court by the attorney, Herman Duarte Iraheta, against Articles 11, 14.6, 90.3, and 118 of the Family Code.

  • 9. allan120102  |  January 19, 2019 at 9:55 pm

    Rick, I am also thinking the Constitutional court in El Salvador dont want to affect the elections to be held on February 3 and a possible run off in March 10 in El Salvador like the Costa Rican elections were so I dont expect a decision until the elections end .

    besides right now if I am correct and the balance of the court has tilt more liberal I doubt the liberal judges will want a conservative to take place in power as Arena or the conservative party of that country is in second place, and a decision legalizing ssm for sure will put them on the win.

  • 10. VIRick  |  January 19, 2019 at 10:32 pm

    Plus the Constitutional Court is busy. On 16 January 2019, they just accepted a lawsuit challenging the presidential candidacy of Josué Alvarado Flores, the pastor of a "culto," who by El Salvador law can not run for the presidency in a secular state:

    Comunicado: Sala de lo Constitucional admite demanda sobre candidatura presidencial del señor Josué Alvarado Flores, del partido político VAMOS, por reclamarse que el candidato no pertenece al estado seglar
    (Inconstitucionalidad 117-2018)
    https://twitter.com/CorteSupremaSV/status/1085647

    Note: In Latin America, the Roman Catholic Church is referred to as "La Iglesia." Everything else is called "un culto." Any priest, minister, pastor, or preacher of either is barred from becoming President of El Salvador.

  • 11. allan120102  |  January 20, 2019 at 10:58 am

    Czechia
    The president of the country will probably veto the ssm bill if its pass which is almost for sure to have a majority in the assembly sadly there is not enough vote to override a veto. https://www.novinky.cz/clanek/zeman-uvazuje-o-vet

  • 12. VIRick  |  January 20, 2019 at 4:02 pm

    Costa Rica: State Accuses "Damage to the Family" against Two Women who Married in 2015

    Costa Rica: Estado Acusa de "Perjuicio de la Familia" a Pareja de Mujeres que Contrajo Matrimonio en 2015

    La audiencia preliminar contra Laura Flórez-Estrada y Jazmín Elizondo, así como sus testigos y el notario que las casó, se realizará el 5 de febrero 2019.

    El Estado acusa a Laura Flórez-Estrada y Jazmín Elizondo, así como a sus testigos y al notario que las casó, en julio del 2015, del delito de “falsedad ideológica en perjuicio de la familia.” La pareja de mujeres que se casaron gracias a un error en el Registro Civil. Castillo realizó el matrimonio en el 2015, luego de que él supiera que Jazmín Elizondo aparecía como una persona de sexo masculino en el Registro Civil.

    La denuncia que presentó el Registro Civil ante el Ministerio Público en contra de Flórez-Estrada, Elizondo, Castillo y los demás está en proceso desde finales del 2015. De hecho, la primera acción que realizó esa dependencia fue la de corregir el error registral que mantenía a Jazmín Elizondo como de sexo masculino.
    https://www.nacion.com/el-pais/politica/estado-ac

    The preliminary hearing against Laura Flórez-Estrada and Jasmine Elizondo, as well as their witnesses and the notary who married them, will be held on 5 February 2019.

    The State accuses Laura Flórez-Estrada and Jasmine Elizondo, as well as their witnesses and the notary who married them, in July 2015, of the crime of "ideological falsehood to the detriment of the family." The two women were married thanks to an error in the Civil Registry. Castillo performed the marriage in 2015, after he learned that Jazmín Elizondo was listed as male in the Civil Registry.

    The complaint filed by the Civil Registry with the Public Prosecutor against Flórez-Estrada, Elizondo, Castillo, and the others, has been in process since the end of 2015. In fact, the first action taken by this department was to correct the registry error that listed Jazmín Elizondo as male.

    Note: This couple was the very first same-sex couple to marry in Costa Rica, albeit due to an error on the part of the Civil Registry itself. Given the insane charge, one fully expects this out-dated case against the 5 individuals involved to be thrown out.

  • 13. FredDorner  |  January 20, 2019 at 4:15 pm

    Rather bizarre that they even have such a law but it reveals just how paranoid and evil homophobes can be, especially homophobic Christians.

  • 14. VIRick  |  January 20, 2019 at 4:23 pm

    OK, here's today's challenge:

    As a "crime," what does "falsedad ideológica en perjuicio de la familia” (ideological falsehood to the damage/detriment of the family) even mean? It makes no sense to me in either Spanish or English.

    If anyone needs to be "blamed," one should blame the Civil Registry itself for having committed the error on Jazmín's birth certificate in the first instance (especially since, prior to 2015, they had previously refused to correct it). Instead, they are "accusing."

  • 15. VIRick  |  January 20, 2019 at 6:43 pm

    US Virgin Islands: Medical Cannabis Legalized

    On Saturday,19 January 2019, after returning to the territory from meetings with cruise industry executives, Gov. Albert Bryan Jr. signed into law several bills, including one that makes medicinal cannabis accessible to qualified patients in the Virgin Islands.

    The legislation gives effect to a 2014 VI referendum whereby a majority of Virgin Islands voters approved medical cannabis.
    https://stthomassource.com/content/2019/01/19/gov

    I believe that with the signing of this bill the US Virgin Islands has become the very first jurisdiction anywhere within the Caribbean region to have legalized the use of medical marijuana. (Never mind that certain Caribbean entities, as a clandestine cash crop, mass produce illegally-grown marijuana for recreational use.)

  • 16. ianbirmingham  |  January 20, 2019 at 6:49 pm

    An Egyptian court on Sunday sentenced a television host to one year in prison for interviewing a gay man last year

    Mohamed al-Gheiti, who has expressed his stance against homosexuality on several occasions, was accused of promoting homosexuality and contempt of religion.

    In August 2018, Gheiti hosted a gay man on his talk show on the private LTC TV station and discussed homosexuality on air. During the interview, the gay man, whose face was blurred to hide his identity, said he was a sex worker and openly talked about his relationship with another man.

    After the interview was aired, the Supreme Council for Media Regulation, Egypt's top media body, suspended the channel for two weeks for "professional violations". In a statement at the time, the council said the LTC TV had violated its decision "banning the appearance of homosexuals or promotion of their slogans".

    The council banned the appearance of homosexuals on any outlet after a rainbow flag — symbolic of the lesbian, gay, bisexual and transgender community — was waved during a Cairo concert in 2017. At the time, the authorities launched a large-scale crackdown on suspected homosexuals, triggering condemnation from rights groups.

    Homosexuality is not expressly outlawed in Egypt, but gays have previously been charged with debauchery in the deeply conservative Muslim society.

    https://www.modernghana.com/news/910290/egypt-sen

  • 17. VIRick  |  January 20, 2019 at 9:02 pm

    USA: Half Way Through The Seemingly Endless Nightmare

    On Sunday, 20 January 2019, Trump rang in Day 30 of the longest government shutdown in US history, as well as the two-year anniversary of his gut-retching, disgusting tenure in the Oval Office, with a mammoth 37 posts to his Twitter feed in 13 hours.
    http://www.msn.com/en-us/news/politics/trump-twee

  • 18. allan120102  |  January 21, 2019 at 8:29 am

    Czechia same sex marriage bill to be discuss this week but the prospect of passing the legislature diminishing after the president announce a veto. Never thought that would be a problem in czechia but unless something happens czechia will probably need to wait a few more years for ssm https://www.radio.cz/en/section/curraffrs/bill-le

  • 19. scream4ever  |  January 21, 2019 at 7:04 pm

    Sounds like they may have to exclude adoption, but the President doesn't seem to be a total lost cause.

  • 20. psicotraducciones  |  January 21, 2019 at 8:27 pm

    but having marriage without adoption is pointless isnt it? it is still hollow and unequal

  • 21. Mechatron12  |  January 21, 2019 at 8:28 pm

    Baby steps. Czechia would be the first Slavic and first ex-Communist country with marriage equality. It would be huge and potentially open the door to Slovakia and Hungary.

  • 22. scream4ever  |  January 21, 2019 at 8:41 pm

    Or Slovenia if we can continue to revise the referendum process.

  • 23. allan120102  |  January 21, 2019 at 9:16 pm

    The last time the referendum was allow in a 5-4 process not sure if new judges have beena appoint and how many are of the ones that vote in favor are still in.

  • 24. VIRick  |  January 21, 2019 at 9:25 pm

    Czech Republic and Adoption by Same-Sex Couples

    In checking back through my archives, I found three references pertaining to the Czech Republic and adoption by same-sex couples. From this, it would appear that the courts are tackling this issue (in precedent-setting baby steps, and that adoption of a partner's child/children is already a settled matter, as is single adoption by one of the individuals in a same-sex partnership):

    Czech Republic Recognizes Gay Couple as Legal Parents of Adopted Children

    Per a news article dated 8 December 2015, the Czech Republic has made a landmark ruling in favor of same-sex adoption. Last month, the court in Prostějov (Prossnitz), south Moravia, ruled in favor of the adoption of 10-year-old twins by a gay Czech/French couple who live in the USA. 

    The gay married couple had earlier adopted the children as babies in San Francisco, but as one of them is French, he had no right to Czech citizenship (at that time). However, after the twins visited their grandmother in the Czech Republic, the twins were granted Czech citizenship.

    The ruling was enabled by a change in legislation, which allows Czech courts to recognize foreign rulings on adoption (as in Germany at that time). While a wide-reaching ruling on same-sex adoption is still to come, the original adoption decision took over three years to be reached by the courts in the USA (a ruling which has just now been recognized in a Czech court), and provides a glimmer of hope to the gay community in the Czech Republic.

    Then:

    Czech Constitutional Court Allows Those in Same-Sex Unions to Adopt Children

    Prague, 28 June 2016 – The Czech Constitutional Court ruled on Friday, 24 June 2016, that individuals in same-sex partnerships may be allowed to adopt a child, overturning a ban that it called discriminatory. A Prague court asked the country's highest court to rule on the ban after a man registered in a same-sex partnership filed a lawsuit when authorities could not list him as a suitable adoptive parent under the current partnership law.

    The Constitutional Court struck down the ban, saying it was discriminatory because a gay person living outside a partnership would meet the requirements to adopt, but would be denied that right once he entered a partnership. "One group of people, registered partners, was groundlessly excluded from the possibility of adopting children," the Constitutional Court said in its decision. The court's ruling will allow individuals in same-sex partnerships to adopt but not both people together as a couple.

    And:

    Czech Government to Allow Gays to Adopt Partner's Children

    Prague – In October 2016, the Czech government (based on the earlier court ruling of 8 December 2015, cited above) has approved a plan to allow gays and lesbians living in a registered partnership to adopt the children of their partners. Human Rights Minister Jiri Dienstbier says the move is meant to ensure the rights of the children. He estimated that up to 1,000 children in the country live with a biological parent in a same-sex partnership. Both chambers of Parliament still have to approve the plan.

  • 25. scream4ever  |  January 22, 2019 at 12:38 am

    I was referring specifically to the process of the numbers needed for the vote to be valid.

  • 26. allan120102  |  January 22, 2019 at 6:56 am

    Breaking transgender ban goes into effect dealing a blow to transgender troops, for the ones still believing the court will protect lgbt rights remember that there is a conservatory majority even worse as Kennedy is no longer in court. https://www.independent.co.uk/news/world/americas

  • 27. guitaristbl  |  January 22, 2019 at 7:02 am

    I dont think anyone expected anything different. Nobody ever thought this court will protect LGBT rights.

    Again the dems have to pack the court or start impeachment proceedings against Kavanaugh and possibly Gorsuch as soon as 2021. The time to just sit idly watching the effects of McConnell's actions has passed.

  • 28. guitaristbl  |  January 22, 2019 at 7:11 am

    Also no action on the discrimination cases again. What are they waiting for ? We all know they will grant and reverse. And then grant the washington flower shop case when it comes before them and grant and gut if not shut down anti-discrimination laws. This is what Kavanaugh and Gorsuch were put there to do.

Having technical problems? Visit our support page to report an issue!