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4/23 SCOTUS update

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This morning, the Supreme Court issued three opinions in argued cases. None of the opinions were in cases we’re following. We’re still waiting on the Court to issue decisions from the Title VII LGBT employment discrimination cases that were argued on the second day of the term. We should find out tomorrow whether the Court will issue new decisions next week.

11 Comments Leave a Comment

  • 1. ianbirmingham  |  April 24, 2020 at 6:49 pm

    Trump picks anti-LGBTQ Fox News producer as his new Press Secretary

    https://www.lgbtqnation.com/2020/04/donald-trump-

  • 2. VIRick  |  April 25, 2020 at 6:44 am

    UK: Sark: Marriage Equality Now in Effect

    Per LGBT Marriage News:

    The marriage equality law was approved and published, and went into effect from 23 April 2020.
    http://www.guernseylegalresources.gg/article/9159

    Sark was the last of the Channel Islands, the last European territory associated with the UK, and the last fragment of northwestern Europe to pass marriage equality.

  • 3. VIRick  |  April 25, 2020 at 7:08 am

    China: Lesbian Couple's Custody Case Heads into Uncharted Legal Territory

    Per Rex Wockner:

    A Chinese lesbian couple’s landmark court battle over the custody of their two children has stirred debate over LGBT rights and put a spotlight on a legal vacuum created by the absence of a same-sex marriage law.

    Shanghai resident Zhang Peiyi split up with her partner last year. The partner has since broken off communication and taken their two toddlers away to an unknown location. So Zhang has turned to the courts, filing a case in the eastern province of Zhejiang this month, to fight for custody of one of the children, the one she gave birth to, and visitation rights to the other.

    A court has accepted the case but hearings have yet to begin. The case is the first of its kind in China and has attracted media attention. It is likely to be complicated by the fact that Zhang and her partner are women and not legally married, at least not in China, where marriage is defined as a union between a man and a woman.

    Zhang and her former partner had their children with the help of reproductive technology in the United States. Zhang’s partner provided the eggs for the embryos and then each of them carried a separate embryo to full term. While they were there, they also got married. However, that is not recognized in China, nor is there an existing law for Zhang’s claim over the children.

    Traditionally in custody disputes, the law recognizes the birth parent. While Zhang can claim that she gave birth to one child, her partner can claim that she is the parent by blood. The court will have to decide whether Zhang can claim custodial rights or is it only her partner who provided the egg and therefore has the genetic connection.

    Another question is whether an LGBT parent can claim custodial rights over a child who they raised but may not have any biological relationship to, as is the case with Zhang’s other child, whom her partner carried to term.
    https://www.reuters.com/article/us-china-lgbt-cus

  • 4. VIRick  |  April 25, 2020 at 7:37 am

    Federal Class-Action Suit Filed to Release All ICE Transgender Detainees

    Per Equality Case Files:

    Today, 23 April 2020, the Transgender Law Center (TLC), Ballard Spahr LLP, and the Rapid Defense Network filed a federal complaint demanding the release of all transgender people in civil immigration detention. This action must be immediately taken so transgender detainees, a population that has been rendered medically vulnerable, may take precautions against the COVID-19 pandemic. The lawsuit makes it clear that the current conditions in ICE detention centers violate transgender detainees’ Fifth Amendment due process rights as well as the Administrative Procedure Act."

    The case, "C.G.B. v. Wolf," No. 1:20-cv-01072, was filed in the District of Columbia federal court and has been assigned to Judge Christopher R. Cooper.

    • Mandamus Petition/Complaint is here:
    https://bit.ly/3aAi1xl;
    • Motion for Temporary Restraining Order is here:
    https://bit.ly/2x3P9Q7

  • 5. VIRick  |  April 25, 2020 at 8:07 am

    Costa Rica: Marriage Equality Count-Down Continues, One Month to Go

    Per Armando de Costa Rica:

    Hoy, me recuerda que hace 7 años me casé en las bodas diversas que hacía la FEUCR. Hoy, estamos a un mes y dos días que el matrimonio igualitario sea una realidad.
    https://twitter.com/Astuaca

    It reminds me that today, 7 years ago, I got married in the diverse wedding ceremony that FEUCR did. Today, we are one month and two days away from marriage equality being a reality.

  • 6. ianbirmingham  |  April 25, 2020 at 8:20 am

    Mister Rogers Encouraged Gay Co-Star Officer Clemmons To Stay In The Closet And Marry A Woman

    https://people.com/tv/mister-rogers-encouraged-ga

    Francois Clemmons, 75, (left in 2019 and right on the show with Rogers) recalled an incident where 'Mister' Fred Rogers told him he could not be a 'member of the Neighborhood' if he was openly gay.

    https://www.dailymail.co.uk/news/article-8256973/

  • 7. VIRick  |  April 25, 2020 at 2:21 pm

    Colombia: Multiple LGBTI Marches Cancelled/Postponed Due to COVID-19

    Per Mesa LGBT Bogotá:

    Hasta el momento, no habrán marchas LGBTI en el 2020 en las ciudades de Bogotá, Medellín, Cali, Barranquilla, y Bucaramanga. Están aplazadas para el 2021.
    https://twitter.com/MesaLGBT

    So far, there will not be any LGBTI marches in 2020 in the cities of Bogotá, Medellín, Cali, Barranquilla, and Bucaramanga. They are postponed until 2021.

    According to the Colombian Ministry of Health, to date, 24 April 2020, there have been:

    4.881 casos de COVID-19
    1.003 pacientes recuperados
    225 muertes
    https://twitter.com/MesaLGBT

  • 8. VIRick  |  April 25, 2020 at 2:43 pm

    Chicago Pride Parade Postponed

    Chicago’s LGBTQ Pride Parade, the third-largest in the nation, has been postponed due to the COVID-19 crisis.

    “We are sad to announce that the annual Pride Parade will not take place this year on 28 June,” parade coordinator Tim Frye said in a statement issued Wednesday, 22 April. “We announce this postponement in the hope that conditions will allow the parade to take place later this summer or early fall.”

    New York City and San Francisco have already canceled their Prides due to the health situation, and organizers are looking at ways to celebrate online. Los Angeles has postponed its event.
    https://www.advocate.com/pride/2020/4/23/chicago-

  • 9. VIRick  |  April 25, 2020 at 5:13 pm

    WHO: No Evidence One Is Now Immune to COVID-19 If Once Infected

    There is currently no evidence that people who have had COVID-19 can not contract the virus again, the World Health Organization said in a scientific brief released on Friday, 24 April 2020. Despite some experts theorizing that people who recover from the coronavirus could develop immunity to the virus, at least in the short term, the WHO said there is currently no evidence to support that theory.

    The WHO noted that studies show people who have recovered from the coronavirus appear to have antibodies to the virus, which is a sign of past infection. But some people also show low levels of neutralizing antibodies in their blood, the WHO said, suggesting that cellular immunity – T-cells that recognize and eliminate other cells infected with the virus – is necessary for recovery along with antibodies.

    Several countries, including Chile, Germany, and the UK, have suggested that the detection of antibodies to the virus that causes COVID-19 could serve as a so-called “immunity passport” that would allow people who have recovered from the coronavirus to travel or to return to work, under the assumption that they are protected against re-infection.

    But the WHO said there simply haven't been enough studies to guarantee the accuracy of such an “immunity passport," and that people who assume that they are immune to another coronavirus infection may incorrectly ignore public health advice, such as social distancing.

    Antibody tests are also prone to false negatives and false positives, the WHO noted, allowing people who erroneously believe they do not have the coronavirus to potentially infect others, and vice versa. The tests must also accurately distinguish between past infections from SARS-CoV-2, the new coronavirus that causes COVID-19, and other coronaviruses, such as those that cause the cold.
    https://www.buzzfeednews.com/article/olivianiland

  • 10. Elihu_Bystander  |  April 26, 2020 at 5:47 am

    Thank you Rick for your very detailed explanation of the WHO statement. As a health care provider, I studied immunology. The human body can develop antibodies to many infections; however, that does not mean the antibodies are necessarily effective in preventing the disease. Corona viruses are RNA retroviruses just like HIV. Unless one has a genetic immunodeficiency, all develop antibodies to HIV; however, they are not effective in eliminating the virus or the cells of our body that contain the virus.

  • 11. VIRick  |  April 26, 2020 at 7:54 am

    Israel: Court Rules against Print Shop Refusal to Serve LGBT Group

    On Tuesday, 21 April 2020, the Beersheba Magistrate’s Court ruled that a local print shop must compensate an LGBT rights group after it refused to print its posters.

    Three years ago, the Aguda Association for LGBT Equality in Israel filed a NIS 100,000 ($28,134) lawsuit against the ironically-named business, Rainbow Color, after its owners refused service to the Ben Gurion University LGBT chapter.

    The judge ruled that when one’s religious beliefs conflict with a necessity to provide service to all, the latter value holds superior.
    https://www.timesofisrael.com/court-rules-against

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