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Gloucester School Board will ask Supreme Court to hear transgender student’s case

Transgender Rights

The U.S. Supreme Court. Attribution: Jeff Kubina
The U.S. Supreme Court. Attribution: Jeff Kubina
Buzzfeed reports:

The Virginia school board that passed a policy restricting students to restrooms reflecting their “biological gender” announced in a filing on Tuesday that it will be asking the U.S. Supreme Court to review a case brought against the policy by a transgender student.

Gavin Grimm sued the Gloucester County School Board over the policy, backed by lawyers from the ACLU, claiming, among other arguments, that the policy violates Title IX of the Education Amendments of 1972. The Obama administration has told school districts repeatedly that Title IX’s sex discrimination protections include protections against anti-transgender discrimination. At the appeals court level, the Justice Department weighed in on Grimm’s behalf.
In mid-April, a three-judge panel of the 4th Circuit Court of Appeals ruled in a 2-1 decision that “the [Education] Department’s interpretation of its own regulation … as it relates to restroom access by transgender individuals, is entitled to … deference and is to be accorded controlling weight in this case.” The 4th Circuit announced in late May that it would not be reviewing its earlier ruling.

On Tuesday, lawyers for the school board wrote in a filing at the 4th Circuit, “The School Board intends to file a petition for writ of certiorari with the United States Supreme Court within ninety (90) days of this Court’s entry of judgment.”

The court has temporarily withheld the “mandate”, or final judgment, so it can decide whether to stay the mandate pending the filing of a petition to the Supreme Court. The plaintiff opposes a stay.

The actual petition has not been filed in the Supreme Court. A petition has to be filed within 90 days of entry of the lower court’s judgment, and a brief in opposition to the petition must be filed within 30 days after that. From there, the Court will distribute the petition to the Justices 14 days after the brief in opposition is filed or the filing is waived by the plaintiff in this case. The case would then be conferenced by the Court based on the distribution list for petitions.

It takes four votes to grant review in a case. There are currently only eight Justices since President Obama’s nomination of DC Circuit Judge Merrick Garland has been held up by the Senate.

If the Court were to take up the case, it could provide historic guidance on transgender rights.

Thanks to Equality Case Files for these filings


  • 1. F_Young  |  June 8, 2016 at 2:26 pm

    Scottie Thomaston: "…The school board has temporarily withheld the “mandate”, or final judgment, so it can decide whether to stay the mandate pending the filing of a petition to the Supreme Court… "

    Scottie, I suspect you mean "…the 4th circuit has temporarily witheld…"

  • 2. VIRick  |  June 9, 2016 at 1:51 pm

    4th Circuit Court: Gloucester County School Board's Motion to Stay Mandate DENIED

    Per Equality Case Files:

    Today, 9 June 2016, in "G.G. v. Gloucester County Public School Board," the transgender student's 4th Circuit appeal of the district court decision denying the preliminary injunction and dismissing the Title IX claim, the 4th Circuit Court of Appeals DENIES the School Board's motion for a stay. Full order is here:

    Judge Floyd and Senior Judge Davis voted to deny the motion to stay the mandate, pending the filing of a writ of certiorari. Judge Niemeyer voted to grant the motion.

  • 3. VIRick  |  June 13, 2016 at 1:17 pm

    OK, so at this moment (4:17 PM EDT on 13 June 2016), why is this the only post in this thread to which I can post a reply?

  • 4. VIRick  |  June 13, 2016 at 4:19 pm

    Here is a continuing list of 47 of the 49 victims killed in the Pulse nightclub attack in Orlando, early Sunday morning, 12 June 2016:

    Edward Sotomayor Jr., 34 years old

    Stanley Almodovar III, 23 years old

    Luis Omar Ocasio-Capo, 20 years old

    Juan Ramon Guerrero, 22 years old

    Eric Ivan Ortiz-Rivera, 36 years old

    Peter O. Gonzalez-Cruz, 22 years old

    Luis S. Vielma, 22 years old

    Kimberly Morris, 37 years old

    Eddie Jamoldroy Justice, 30 years old

    Darryl Roman Burt II, 29 years old

    Deonka Deidra Drayton, 32 years old

    Alejandro Barrios Martinez, 21 years old

    Anthony Luis Laureanodisla, 25 years old

    Jean Carlos Mendez Perez, 35 years old

    Franky Jimmy Dejesus Velazquez, 50 years old

    Amanda Alvear, 25 years old

    Martin Benitez Torres, 33 years old

    Luis Daniel Wilson-Leon, 37 years old

    Mercedez Marisol Flores, 26 years old

    Xavier Emmanuel Serrano Rosado, 35 years old

    Gilberto Ramon Silva Menendez, 25 years old

    Simon Adrian Carrillo Fernandez, 31 years old

    Oscar A Aracena-Montero, 26 years old

    Enrique L. Rios, Jr., 25 years old

    Miguel Angel Honorato, 30 years old

    Javier Jorge-Reyes, 40 years old

    Joel Rayon Paniagua, 32 years old

    Jason Benjamin Josaphat, 19 years old

    Cory James Connell, 21 years old

    Juan P. Rivera Velazquez, 37 years old

    Luis Daniel Conde, 39 years old

    Shane Evan Tomlinson, 33 years old

    Juan Chevez-Martinez, 25 years old

    Jerald Arthur Wright, 31 years old

    Leroy Valentin Fernandez, 25 years old

    Tevin Eugene Crosby, 25 years old

    Jonathan Antonio Camuy Vega, 24 years old

    Jean C. Nives Rodriguez, 27 years old

    Rodolfo Ayala-Ayala, 33 years old

    Brenda Lee Marquez McCool, 49 years old

    Yilmary Rodriguez Sulivan, 24 years old

    Christopher Andrew Leinonen, 32 years old

    Angel L. Candelario-Padro, 28 years old

    Frank Hernandez, 27 years old

    Paul Terrell Henry, 41 years old

    Antonio Davon Brown, 29 years old

    Christopher Joseph Sanfeliz 24 years old

  • 5. VIRick  |  June 13, 2016 at 9:37 pm

    The final two victims in the Orlando shooting have now been identified, and their names have been released:

    Akyra Monet Murray, 18 years old

    Martin Benitez Torres, 33 years old

    Seven of the victims were female, 42 were male, including several couples and a number of employees. At least 36 of the 49 were Hispanic, and although not all of the victims have a published biography, of those who do, at least 8 are from Puerto Rico.

    Five of the wounded remain in grave condition, and others are still in intensive care.

    See more here, including portraits of many of those who died:

  • 6. Sagesse  |  June 8, 2016 at 4:03 pm

    From Americans United. There is a link to the order, which is dated yesterday:

    Breaking News: Americans United and Allies Secure Victory in Alabama for Marriage Equality!

    "Our legal team just got word that a federal court in Alabama today issued a permanent injunction that will prevent state officials from enforcing the state’s ban on marriage equality.

    "This should not have been necessary. After all, the U.S. Supreme Court upheld marriage equality nearly a year ago. But, remarkably, some Alabama officials – led by the notorious Roy Moore, chief justice of the Alabama Supreme Court – tried to ignore that ruling!

    "U.S. District Court Judge Callie V.S. Granade has put a stop to that. In a new order in the case Strawser v. Strange, which Americans United has been litigating along with the ACLU, the Southern Poverty Law Center, the National Center for Lesbian Rights, and Birmingham attorney Heather Fann, Granade made it clear that Alabama’s efforts to stop same-sex couples from taking advantage of their constitutional rights will not be tolerated."

  • 7. 1grod  |  June 9, 2016 at 9:57 am

    And Final Judgement:
    This judgement including finding AL code Section 30-1-9 unconstitutional. Probate judge no longer have discretion in issuing licenses. Lawyers by profession are officers of the Courts, bound by court decisions. The permanent injunction and final judgement should be particularly instructive to wayward probate judges who are lawyers: Alfred Booth, Stacy Brooks, Brandy Easlick, John Enslen, Michael Armistead and Stephanie Kemmer. It confounds me that Governor Bentley has appointed some of these after June 2015 without a solid undertaking that they would abide by the District, Appeal and Supreme Court decision.. Let's hope that Judge Callie Granade's actions results in compliance by all probate judge and the Governor does so as well. G

  • 8. Rick55845  |  June 9, 2016 at 11:31 am

    However, isn't it the case that some of the probate judges believe they can deny marriage licenses to all couples, so long as they refuse them all, both gay and straight? In other words, they believe they have discretion about whether or not to issue any marriage licenses at all.

  • 9. 1grod  |  June 10, 2016 at 6:28 am

    Rick, on reflection Section 30-1-9 states in part: "No marriage shall be solemnized without a license. Marriage licenses may be issued by the judges of probate of the several counties." Granade struck down Section 30-1-19 or any other law pertaining to same sex marriage. In reflection, I think you are right and my above assertion about 30-1-9 of the AL's code being unconstitutional was wishful thinking. G

    – See more at:

  • 10. theperchybird  |  June 8, 2016 at 6:20 pm

    Not sure where to post this, but if anyone's curious, here are the results of Mexico's Sunday elections:

    PAN (conservative party) Governors got: Veracruz, Chihuahua, Durango, Tamaulipas, Quintana Roo, Puebla, Aguascalientes.

    PRI (center-left) Governors got: Oaxaca, Colima, Hidalgo, Sinaloa, Tlaxcala, Zacatecas.

    In several states PAN joined a coalition with lefits PRD to stop PRI (President's party). Sadly, this comes with agreements like PRD staying mum on social issues like marriage. PRI also tried joined coalitions with more conservative parties to stop PAN, but since they head the coalition, it's not going to be as hard to crack marriage through them than with PAN.

  • 11. allan120102  |  June 8, 2016 at 6:53 pm

    PRI loose big.They lost states like Durango, QR and Veracruz that have been states that vote PRI most of the time. The governor of Aguascaliente is thanking the president for the boost in votes of religious people. Marriage in Mexico for sure will be harder.

  • 12. VIRick  |  June 8, 2016 at 8:29 pm

    Activists File State Suit Challenging Tennessee Counseling Law

    Clinton TN — On 7 June 2016, two gay rights activists filed a state lawsuit challenging a new Tennessee law that lets therapists decline to see patients based on religious values and personal principles.

    Bleu Copas is an Anderson County man who says he was discharged from the Army under “Don’t Ask, Don’t Tell.” Caleb Laieski is an activist from Virginia. Their lawsuit was filed Tuesday in Anderson County Chancery Court. It claims the new law targets gay, lesbian, bisexual, and transgender people, violating the right to equal treatment guaranteed by the Tennessee Constitution.

    Gov. Bill Haslam’s spokeswoman, Jennifer Donnals, says the governor’s office is unaware of any lawsuits challenging the counseling law, and has not seen the Anderson County suit.

    The American Counseling Association last month canceled a planned conference in Nashville because of the law.

  • 13. VIRick  |  June 8, 2016 at 8:52 pm

    Alabama: Permanent Injunction and Final Judgment in Federal Marriage Case Issued

    Per Equality Case Files:

    On 7 June 2016, in "Strawser v. Strange," the Alabama federal class-action marriage case, the final order was issued by Callie Granade, Senior US District Judge!

    • Order Denying Attorney-General's Motion to Dismiss, and Granting Plaintiffs' Motion for Permanent Injunction and Final Judgment is here:

    • Final Judgment is here:

    The NCLR release is here:

    Shannon P. Minter, legal director of the National Center for Lesbian Rights, said: “Today’s ruling establishes clearly and finally that all state officials in Alabama must respect same-sex couples’ freedom to marry. It is unfortunate that some state officials, including members of the state judiciary, continued to question their obligations even after the Supreme Court’s marriage equality decision last year. Today’s ruling should put any confusion to rest.”

  • 14. sglaser2  |  June 9, 2016 at 12:32 am

    Order denying is here:
    Final judgment is here:

  • 15. VIRick  |  June 9, 2016 at 12:47 pm

    Thank you, I scrambled that. You posted the correctly matched-up links.

    I was distracted by the fact that I was unsuccessfully attempting to do a copy-and-paste of Judge Granade's entire Final Judgment, word for word, as that is an important document well worth quoting in full, and which again, can be found here:

  • 16. 1grod  |  June 9, 2016 at 1:44 pm

    Here is the summary of what has transpired dated today.
    When might we know if the Governor's 4 interim appointments of probate judges made since June last year are following the injunction and judgment, and when will those delinquent judges whose election/appointment pre-date Obergefell v Hodges begin to follow the decisions of the district, appeals and supreme court? IMO it would take only one couple, straight or non-straight, to test it out! Aren't judgments made so as to change outcomes?

  • 17. VIRick  |  June 9, 2016 at 4:10 pm

    Federal Judge: Alabama Can Not Enforce Laws Banning Same-Sex Marriage

    A federal judge, citing the unwillingness of Alabama Supreme Court Chief Justice Roy Moore and others to go along with the US Supreme Court's ruling last year making same-sex marriage legal nationwide, on 7 June 2016, entered a permanent injunction barring state officials from enforcing laws banning same-sex marriage. US District Judge Callie V. Granade, who is based in Mobile, issued the permanent injunction Tuesday in the case of "Strawser v. Alabama," one of the many lawsuits filed by same-sex couples around the state seeking marriage equality.

    The permanent injunction binds all Alabama probate judges and others "who would seek to enforce the marriage laws of Alabama that prohibit or fail to recognize same-sex marriage."

    Scott McCoy, senior staff attorney with the SPLC issued a statement Wednesday, 8 June 2016, regarding Granade's order. "This judgment makes permanent what most people have known all along – Alabama state officials must abide by the U.S. Supreme Court's ruling that legalized same-sex marriage," McCoy stated. "State officials may not refuse to recognize the legal right of a same-sex couple to marry. This is the law of the land despite Roy Moore's or the Alabama Supreme Court's personal beliefs to the contrary."

    In her order, Granade repeatedly noted Alabama officials' resistance to same-sex marriage: "Given the actions by Alabama state and local officials during this litigation, both before and after the Supreme Court decided 'Obergefell,' it cannot be said with assurance that there is no reasonable expectation that Alabama's unconstitutional marriage laws will not again be enforced," Granade wrote.

    Granade specifically noted actions by the Alabama Supreme Court before and after the U.S. Supreme Court's ruling in June 2015: The Alabama Supreme Court issued an order telling probate judges to stop issuing same-sex marriage licenses on March 3, 2015, after Granade's initial ruling that the state's marriage laws were unconstitutional and before the U.S. Supreme Court had ruled. The Alabama high court had issued that order based on petitions from groups that oppose gay marriage.


  • 18. VIRick  |  June 9, 2016 at 4:21 pm

    Granade noted that while the Alabama Supreme Court ultimately denied the petitions this year, that court still did not withdraw its 2015 order to probate judges. Granade also noted Alabama Chief Justice Roy Moore's suspension on ethics charges pending a trial before the state's Court of the Judiciary. The charges against Moore stem from a complaint by the SPLC regarding Moore's administrative order in January telling state probate judges that the state's marriage laws banning same-sex marriage are still enforceable.

    Even if Moore is not reinstated as chief justice, Granade noted two other Alabama justices besides Moore also expressed disagreement with the US Supreme Court's 5-4 decision. As Granade states in her order, "Justice (Michael) Bolin and Justice (Tom) Parker also stated that the order dismissing the mandamus petitions (this year) was not a 'decision on the merits,' indicating that the mandamus order finding Alabama's marriage statutes constitutional was still in effect."

    Bolin had issued a concurring opinion in the case, but did not go as far to say he would defy a US Supreme Court order. "I do not agree with the majority opinion in 'Obergefell;' however, I do concede that its holding is binding authority on this Court," Bolin had written in March. Bolin said that if the Alabama justices did issue an order in defiance of the SCOTUS order it could potentially render the probate judges subject to personal civil lawsuits "for following their religious beliefs."

    Parker in his own opinion also criticized the US Supreme Court decision, stating: "'Obergefell' is the latest example of judicial despotism. It is a decision not based on law, but on the bare majority's philosophy of life. For the states to honor such a decision as legitimate is to bow our knee to the self-established judicial despots of America."

    Granade said in her order that "the failure of the Alabama Supreme Court to set aside its earlier mandamus order and its willingness to uphold that order in the face of the US Supreme Court's ruling in 'Obergefell' demonstrate the need for a permanent injunction in this case. It is clear that the decision by the US Supreme Court in 'Obergefell' does not provide certainty that the alleged violations will not recur." As long as the Sanctity of Marriage Amendment and the Alabama Marriage Protection Act remain on the books, Granade stated there will continue to be a "live controversy" and potential need for a federal court to step in to grant relief.

    Alabama Attorney-General Luther Strange had asked that the "Strawser" case be dismissed as moot because a permanent injunction barring the enforcement of Alabama's marriage laws have already issued in another case, "Searcy v. Alabama," and the Attorney-General continues to remain in full compliance with it.

    While the Attorney-General says he will continue to abide by the US Supreme Court's decision, Alabama "defended this case with vigor from the outset and the challenged statutes remain on the books," Granade wrote. Granade stated that while the Attorney-General has an injunction against him in the other case, that same injunction didn't apply to the probate judges.

    The plaintiffs in the "Strawser" case argued that none of the assurances by Alabama officials provide them with a formal, enforceable order "should the Attorney-General (or a future Attorney-General) or other defendants violate this Court's injunction or fail to fully recognize marriages validly entered into in Alabama or elsewhere," Granade states. "Current or future state and county officials may disagree about 'Obergefell's applicability to the challenged Alabama laws or otherwise resist the decision. This Court agrees that the need for a permanent injunction is clear. As the Northern District of Florida recently explained 'a government ordinarily cannot establish mootness just by promising to sin no more.'"

    Granade, on 23 January 2015, struck down as unconstitutional Alabama's laws that banned same-sex marriage in the state. That order was issued in the case of Cari D. Searcy and Kimberly McKeand, a lesbian couple who had filed a lawsuit in May 2014 seeking adoption rights. Three days after her order in the "Searcy" case, Granade issued the preliminary order in the "Strawser" case, barring state officials from enforcing Alabama's laws prohibiting same-sex marriage.

    Alabama appealed her orders in the "Searcy" and 'Strawser" cases to the 11th Circuit Court of Appeals. But in August 2015, the appeals court, after the US Supreme Court had already issued its opinion making same-sex marriage legal nationwide, affirmed Granade's order in the "Searcy" case.

  • 19. 1grod  |  June 9, 2016 at 7:32 pm

    Rick. Well summarized. It might be worth mentioning that the 11 Circuit, and the Supreme Court in February 2015 refused to stay of the Searcy decision. However Justice Thomas fomented this subsequent mess, including the attitude of judges of the Alabama Supreme Court, when throughout the decision, he accuses his fellow breathen on the Supreme Court of not properly discharging our Article III responsibilities. And, it is indecorous for this Court to pretend that it is.. He closed by saying I would have shown the people of Alabama the respect they deserve and preserved the status quo while the Court resolves this important constitutional question (Obergefell).

  • 20. VIRick  |  June 9, 2016 at 8:23 pm

    Alabama: Roy Moore’s Hate Group Says Federal Court Has No Jurisdiction To Enforce SCOTUS Ruling

    On 7 June 2016, a federal court issued a permanent injunction barring Alabama officials from defying the Supreme Court on same-sex marriage. This afternoon, 9 June 2016, Roy Moore’s Foundation For Moral Law issued a typical response. Via press release:

    Foundation President Kayla Moore noted, “Judge Granade’s jurisdiction extends over only the Southern District of Alabama. She has no authority to bind officials in other parts of the State.” She added, “It’s not over just because Judge Granade says it’s over. In fact, her order acknowledges that the Alabama Supreme Court’s 4 March 2016 order denying the parties’ motions and petitions did not vacate or set aside the Court’s 3 March 2015 writ of mandamus directing probate judges to follow the Alabama Constitution. That’s what we’ve been saying all along.”

    Foundation Senior Counsel John Eidsmoe stated further, “Much more than same-sex marriage is at stake here; this involves the whole federal versus state relationship in our constitutional system. The 'Obergefell' decision was procured by illegitimate means because two Justices who had personally performed same-sex marriages refused to recuse, and it is utterly devoid of constitutional support. Article VI, Section 2 says the Constitution, federal laws, and federal treaties are the supreme law of the land; it says nothing of federal court decisions. Nothing in the Constitution says every federal, state, and local official has to march to the beat of a federal judge’s drum, no matter how erratic that drumbeat may be.”

    Kayla Moore, of course, is Roy Moore’s wife, while Eidsmoe was Michelle Bachmann's professor (of Rapture studies, or whatever) at Oral Roberts.

  • 21. allan120102  |  June 8, 2016 at 8:59 pm

    4 municipalities have approve ssm in Morelos with a fifth to had done it today. They are still 28 or 29 that havent vote.

  • 22. kathleen_p  |  June 9, 2016 at 11:09 am

    Hello everyone. I don't make it over here very often. Thank you to those of you who keep an eye on Equality Case Files updates and post them here.

    Thought this might be useful to folks here. It's a "note" on facebook that has current status and access to all significant filings in the five North Carolina HB2 lawsuits. We're updating it as new info comes in.

    You shouldn't need to login to facebook (or even have a facebook account) to access it.

    Kathleen Perrin

  • 23. davepCA  |  June 9, 2016 at 11:14 am

    omg! Hi Kathleen!! Miss you! : )

  • 24. kathleen_p  |  June 9, 2016 at 11:25 am

    Miss you, too! I'll be in your city for an oral argument later this month. Would love to connect. Are you still at the same email addy?

  • 25. davepCA  |  June 9, 2016 at 11:31 am

    Yup! Shoot me an email at my 'sbcglobal' address, I would love to meet and catch up. I owe you a cup of coffee : )

  • 26. VIRick  |  June 9, 2016 at 12:32 pm

    Dave, all these cups of coffee you 'owe' people ….

    And Kathleen, thank you so much for everything you do at Equality Case Files, absolutely one of the very best sources for keeping abreast with the latest court developments. I don't know how you do it, but I would be lost without your keenly attentive abilities.

    I'm heading to DC myself in a few days, what with DC Pride, and the end of June, with whatever the Supreme Court will be doing for its end-of-term case announcements.

  • 27. davepCA  |  June 9, 2016 at 12:58 pm

    : )

  • 28. F_Young  |  June 10, 2016 at 6:58 am

    How World War II scientists invented a data-driven approach to fighting fascism

    ….. After exhaustive analysis, the group published its findings in 1950 in The Authoritarian Personality, a book that would change the way we understand the lure of fascist dictators and right-wing authoritarianism.

    …..The book has remained relevant partly because authoritarianism hasn't changed much in seven decades. It's easy to find parallels between authoritarians identified in the 1940s by the Berkeley group and people today who support authoritarian leaders like Russian President Vladimir Putin, Turkish President Recep Tayyip Erdoğan, Hungarian Prime Minister Viktor Orbàn, president-elect of the Philippines Rodrigo Duterte, and presidential hopeful Donald Trump in the US.

    …..Basically, we learn our beliefs and values from parents," Federico said. "If a person's parents are authoritarian, they are likely to learn an authoritarian way of looking at and relating to the world."

    ….."Basically, authoritarians become intolerant only when threatened," Federico said. "Moreover, only a certain type of threat matters: a perception that current social norms are changing or that society is becoming more diverse (racially, religiously, and so on)."

    Federico said that he and his colleagues believe Stenner's activation theory explains the rise in authoritarianism today, with leaders from Putin to Trump becoming popular everywhere. "Authoritarians have been activated by visible social changes like having a black president, the rise of marriage equality, and changing social demographics (i.e., America becoming less white)," Federico noted.

    …..If fear and destructiveness are the major emotional sources of fascism, then eros [love] belongs mainly to democracy.

    Read this lengthy article here:

  • 29. allan120102  |  June 10, 2016 at 3:43 pm

    Appeals court denied extending marriage rights to same sex couples in Chile. Group to appeal to the supreme court. Even though they denied the right to marriage they also give good motivation to continue and they almost assure that same sex marriage will be the law sooner than later in Chile. Imo they denied this order so it can go to the supreme court as there is already a binding order of the supreme court when they upheld the ban. They might reverse and strike it down or wait for the government to act and legalize it by its own.

  • 30. VIRick  |  June 10, 2016 at 10:58 pm

    Chile: Court Rejects Appeal for Marriage Equality, but Notes that Spanish Tribunal Constitucional Would Allow it

    Chile: Corte Rechaza Recurso por Matrimonio Igualitario, pero Destaca que Tribunal Constitucional Español lo Permitiera

    Sostuvo que la negación del Registro Civil a unir en matrimonio a una pareja se ajusta a la actual legislación y que la decisión sobre el avance de esta ley es responsabilidad de otros órganos del Estado. El MOVILH apelará a la Corte Suprema y evalúa recurrir por segunda vez al Tribunal Constitucional.

    La Tercera Sala de la Corte de Apelaciones de Santiago rechazó hoy, 10 de junio 2016, un recurso de protección presentado por el presidente del Movimiento de Integración y Liberación Homosexual (MOVILH) Ramón Gómez, y por su pareja, Gonzalo Velásquez, luego de que el Registro Civil se negara a darles una hora de matrimonio.

    La presidenta de la Corte, María Soledad Melo, la ministra Maritza Villadangos, y el abogado integrante, Óscar Torres, argumentaron en el fallo que el recurso de protección busca “poner pronto remedio a actuaciones” que “en forma arbitraria o ilegal” “pretenden cambiar el statu quo vigente, en forma caprichosa y obviando la legalidad vigente." Añadieron que “nuestra legislación vigente establece que el contrato de matrimonio sólo puede celebrarse entre un hombre y una mujer y el Servicio de Registro Civil se encuentra obligado a respetar la legislación aplicable a las materias respecto de las que se le ha otorgado competencia."

    Explicaron que toda iniciativa para extender el matrimonio a personas del mismo sexo “conforme a la Constitución y las Leyes, esta entregada a otros Poderes del Estado, no siendo esta Corte, ni la presente acción cautelar la vía idónea para pronunciarse sobre la materia." Precisó que tampoco “a esta Corte le compete pronunciarse sobre la inaplicabilidad de una norma legal, estando entregada dicha tarea al Tribunal Constitucional."

    They argued that the denial of the Civil Registry to join a couple in marriage meets current legislation, and the decision on the progress of this law is the responsibility of other state bodies. MOVILH will appeal to the Supreme Court and request an opinion for the second time from the Constitutional Court.

    The Third Chamber of the Court of Appeals of Santiago today, 10 June 2016, rejected an injunction filed by the president of the Movement for Homosexual Integration and Liberation (MOVILH) Ramón Gómez, and his partner, Gonzalo Velásquez, after the Civil Registry refused to give them a marriage license.

    The President of the Court, María Soledad Melo, Justice Maritza Villadangos, and Attorney Óscar Torres, argued in the ruling that the application for protection seeks to "quickly put a remedy into action" that is "arbitrary or unlawful" and "aims to capriciously change the current status quo, obviating the current legislation." They added that "our legislation provides that the contract of marriage can only be between a man and a woman, and the Civil Registry is obliged to respect the law applicable to the matters for which it has been given competency."

    They explained that any initiative to extend marriage to same-sex couples "under the Constitution and laws, is given to other branches of government, not being this Court, nor is this precautionary action the appropriate way to rule on the matter." They further said that neither "is this Court competent to rule on the inapplicability of a law, that task being delivered to the Constitutional Court."

    Note: Chilean Spanish frequently uses word choices which I would not automatically utilize. So, this linguistic peculiarity, coupled with their very different court system, complete with its own legal language, has caused me to be somewhat leery of my own carefully-worded translation.

    I say this because the Chilean Court then launched into a whole long-story version of events as to why the Tribunal Constitucional in Spain in 2012 could correctly rule upon the constitutionality of marriage equality in Spain, while they in Chile, facing very similar circumstances, could not. I was unable to comprehend the difference in circumstances that would cause such opposite outcomes, and as a result, do not know whether to blame my lack of comprehension on linguistic differences, or whether this is merely a sleight of hand on the part of the Chilean Court. Still, I am also not understanding why the Chilean Court even felt obligated to compare themselves to the Court in Spain, as Chile, supposedly, is an independent country with an independent court, and hasn't had ties to Spain in almost 200 years!

  • 31. VIRick  |  June 11, 2016 at 1:05 pm

    Chile and Marriage Equality Up-Date

    On the other hand, despite yesterday's negative court ruling, the meeting today, 11 June 2016, between the Government of Chile and the CIDH appears to have obtained an accord on marriage equality.

    Per Matrimonio Igualitario and a tweet from Esteban Paulon:

    Muy positivo acuerdo entre gobierno de Chile y la CIDH abre puerta a una pronta aprobación del Matrimonio Igualitario. Felicitaciones MOVILH.

    A very positive accord between the Government of Chile and the CIDH opens the door for quick approval of marriage equality. Congratulations MOVILH.

    CIDH (Comisión Interamericana de Derechos Humanos of the OAS)

  • 32. VIRick  |  June 10, 2016 at 7:06 pm

    Oregon State Court Rules "Non-Binary" Now a Legal Gender

    Per Equality Case Files:

    It's a brand new day for non-binary, gender queer, transgender, and gender non-conforming people all over the nation. In a historic move sure to challenge federal policy, an Oregon state circuit court ruled on Friday, 10 June 2016, that a resident could legally change their gender to non-binary.

    Jamie Shupe, the Portland, Oregon, resident and Southern Maryland native who requested the gender identity change, stated, "Male and female are the traditional categories, but they fail to properly categorize people like me. So I challenged that."

    Shupe's petition for sex change, as the court calls it, was filed on 27 April 2016. With the help of Portland attorney Lake James Perriguey, and armed with two letters from primary care doctors stating that Shupe's gender should be classified as non-binary, the case was made in the Multnomah County Circuit Court.

    Shupe, who prefers not to use gender pronouns altogether, uses the honorific 'Mx.' and is an Army vet who began a gender transition in 2013 at age 49. Assigned a male gender at birth, Shupe initially petitioned to change their gender from male to female, then from female to non-binary.

    As far as legal experts are aware, the Oregon court decision is the first time a court in the USA has ruled that non-binary is a legal gender.

    At the moment, it's unclear how the court's decision will play out in terms of identity documents. Shupe stated that their "first goal is to tackle the Oregon DMV." But even if the state agrees to issuing a non-binary driver's license, federal identity documents currently only allow for male or female gender markers.

  • 33. theperchybird  |  June 11, 2016 at 3:56 am

    Guernsey's marriage law now has a schedule, more or less:

    The first draft of the new Same Sex Marriage law has been written and will come in front of the States on the 21st of September this year (the earliest possible opportunity.) The law must then be officially approved by the Privy Council, which can take up to 6 months; then it will come back to Guernsey to be put into place.

    The timeline is not formal or finalised – it could take longer, and the law depends on a lot of factors outside anyone's control; but if all goes well, Guernsey will be hearing a lot more wedding bells in Spring/Summer 2017!

  • 34. theperchybird  |  June 11, 2016 at 4:29 am

    Chiapas never passed anything and I'm editing Wikipedia articles to reflect that. I just need someone who can change the color code map to put Chiapas in gold instead of navy since it has no law.

    Here's an article written yesterday, it says that Congress is barely reviewing a law and the article only mentions the word same-sex union so we don't know yet if it will even be marriage. We'll have to wait for the first draft.

  • 35. VIRick  |  June 11, 2016 at 11:01 am

    Chiapas should not be gold (or blue), but rather should be tan, as it only has one or two amparos granted.

    Instead, at the moment, the states in Mexico which need up-grading to gold (in addition to those already colored gold), to reflect 5 or more amparos, are:
    1. Aguascalientes (7 amparos)
    2. Sonora (at least 5 amparos, probably 6)
    3. Veracruz (7 amparos)

  • 36. VIRick  |  June 11, 2016 at 11:34 am

    Delaware Senate Passes Bill to Remove Homosexuality as Grounds for Divorce

    A newly-approved bill in Delaware seeks to remove homosexuality from the list of misconducts which justify grounds for divorce. The bill was unanimously passed by the Delaware Senate on Thursday, 9 June 2016, and specifically removes “homosexuality” and “lesbianism” from the definition of marital misconduct.

    Marital misconduct is defined as a behavior so destructive to a relationship, that a person could not reasonably be expected to remain in the marriage. Along with homosexuality in the list of misconducts (but still remaining on the list), are adultery, bigamy, criminal convictions resulting in jail, habitual drinking or drug use, or contracting STIs. Now, the bill just needs the final approval from Democratic Governor, Jack Markell.

    In 2013, the Governor signed the bill to legally-recognize marriage equality in the state.

  • 37. VIRick  |  June 11, 2016 at 2:05 pm

    Alabama: GOP House Speaker Mike “Sanctity Of Marriage” Hubbard Convicted On 12 Corruption Charges

    A jury on Friday, 10 June 2016, found Alabama House Speaker Mike Hubbard guilty on 12 counts of public corruption, agreeing with prosecutors’ assertions that the powerful Republican used the influence and prestige of his political office to benefit his companies and clients.

    The verdict automatically removes Hubbard, 54, from both the Legislature and the speaker’s office, ending the upward trajectory of the one-time GOP star. He spoke briefly with his attorneys before being escorted from the courtroom by a sheriff’s deputy.

    “We hope this verdict tonight restores some of the confidence in the people of the state of Alabama that public officials at all levels in Alabama will be held accountable for their actions, especially those that would betray the public trust,” said W. Van Davis, the acting attorney-general in the case.

    The conviction comes amid a season of scandal that has engulfed Republicans at the helm of the Alabama’s legislative, judicial, and executive branches of government. Chief Justice Roy Moore faces possible ouster from office over accusations that he violated judicial ethics during the fight over same-sex marriage. And Gov. Robert Bentley has faced calls for his impeachment after a sex-tinged scandal involving a former top aide.

    Hubbard was convicted under the very ethics law that he backed several years ago. Here’s what he said in January 2015 when Alabama’s ban on same-sex marriage was struck down:

    “It is outrageous when a single unelected and unaccountable federal judge can overturn the will of millions of Alabamians who stand in firm support of the Sanctity of Marriage Act. The Legislature will encourage a vigorous appeals process, and we will continue defending the Christian conservative values that make Alabama a special place to live.”

  • 38. montezuma58  |  June 12, 2016 at 5:33 pm

    Now that Hubbard is out, Patricia Todd, the only openly gay legislator in the state, is running for speaker of the house. I don't think she'll win as she does not have the magic R by her name and isn't heterosexual.

    I'm sill LMAO at Hubbard. He wasn't just a supporter of the ethics bill under which he was convicted. He was instrumental in drafting the bills and was the lead cheerleader for ushering them through the legislature. These laws were passed in a special session too. So it wasn't just a bill lost in the pile of others in the regular session. His defense in court was weak. Pretty much just claimed it was normal business among "friends" (there is a friendship exception in the laws). He arrogantly took the stand in his own defense. He claimed one of his "friends" had recently died. The prosecution then said they had talked to the dead "friend" a few days before.

  • 39. F_Young  |  June 11, 2016 at 4:06 pm

    DIVIDED AMERICA: Evangelicals feel alienated, anxious

    …..Religious conservatives could once count on their neighbors to at least share their view of marriage. Those days are gone. Public opinion on same-sex relationships turned against conservatives even before the U.S. Supreme Court legalized gay marriage nationwide.

    Now, many evangelicals say liberals want to seal their cultural victory by silencing the church. Liberals call this paranoid. But evangelicals see evidence of the threat in every new uproar over someone asserting a right to refuse recognition of same-sex marriages — whether it be a baker, a government clerk, or the leaders of religious charities and schools.

    …..No issue has more starkly illuminated conservative Christians' waning influence than the struggle over same-sex marriage.

    Evangelicals were "all in" with their opposition to gay rights starting back with the Moral Majority in the 1980s, said Robert Jones, author of "The End of White Christian America." In the 2004 election, Americans appeared to be on the same page, approving bans on same-sex marriage in all 11 states where the measures were on the ballot. When President Barack Obama was first elected in 2008, just four in 10 Americans supported gay marriage.

    But three years later, support rose to more than five in 10. And now the business wing of the Republican Party is deserting social conservatives on the issue, largely backing anti-discrimination policies for gays and transgender people. Younger Americans, including younger evangelicals, are especially accepting of same-sex relationships, which means evangelicals "have lost a generation on this issue," Jones said.

    "This issue is so prominent and so symbolic," said Jones, chief executive of Public Religion Research Institute, which specializes in surveys about religion and public life. "It was such a decisive loss, not only in the actual courts, the legal courts, but also in the court of public opinion. They lost legally and they lost culturally."

    …..Some faith-based nonprofits with government contracts, such as Catholic Charities in Illinois, have shuttered adoption programs because of new state rules that say agencies with taxpayer funding can't refuse placements with same-sex couples.

    And religious leaders worry that Christian schools and colleges will lose accreditation or tax-exempt status over their codes of conduct barring same-sex relationships.

    A 1983 U.S. Supreme Court ruling allowed the IRS to revoke nonprofit status from religious schools that banned interracial dating. In the Supreme Court gay marriage case, U.S. Solicitor General Donald Verrilli, representing the government, was asked whether something similar could happen to Christian schools, which often provide housing for married students. He responded, "It's certainly going to be an issue," causing a meltdown across the evangelical blogosphere.

    Read more at: <a href="” target=”_blank”>

  • 40. allan120102  |  June 11, 2016 at 9:21 pm

    Caribbean court dismiss challenge against inmigration laws that bar Homosexuals from entering the countries of Belize and Trinidad and Tobago. This was because none of this countries actually enforce the ban if they had enforce them the laws would have been struck down. This is partially good news as we know the Caricom court does not stand discrimination. This might be good news for the Caribbean nations that enforce there ban on same sex activity. They noted that Belize and Trinidad should just amend their laws as their law are already unenfoced.

  • 41. scream4ever  |  June 11, 2016 at 10:43 pm

    Gallup shows record high support for same-sex marriage at 61%.

    Most significantly, a clear majority of adults aged 65 and older are now supportive:

  • 42. guitaristbl  |  June 12, 2016 at 2:05 am

    Apparently there is a mass shooting at gay club Pulse in Orlando Florida. The motive has not been discovered yet, the shooting is still going on and there is a hostage situation but it could be a possible hate crime.

  • 43. A_Jayne  |  June 12, 2016 at 8:33 am

    I will respond to you here to add my own comment so I can avoid the other commenter:

    A hate crime, most likely motivated by anti-gay sentiments, regardless from where those originated in the shooter's life. His father describes the shooter's outrage at having seen two men kissing in Miami not long ago. My bet would be Pride events accelerated his hate, resulting in his actions. Anti-gay beliefs reflect the teaching of more than one religion, and more than one government – including many parts (in many states) of our own.

    By latest reports, 50 dead, over 50 injured. Will gather with friends this afternoon to share tears and hugs. Too much horror to bear alone.

  • 44. VIRick  |  June 12, 2016 at 6:26 pm

    As of the moment, here is a partial list of victims, all of whose families have already been notified, who were killed in the LGBT club, Pulse, in Orlando last night:

    Edward Sotomayor Jr., 34 years old

    Stanley Almodovar III, 23 years old

    Luis Omar Ocasio-Capo, 20 years old

    Juan Ramon Guerrero, 22 years old

    Eric Ivan Ortiz-Rivera, 36 years old

    Peter O. Gonzalez-Cruz, 22 years old

    Luis S. Vielma, 22 years old

    So far, all are young men, and based on their surnames, 7 of 7 are Hispanic, understandable, perhaps, because Pulse was the club in Orlando where young gay Hispanics liked to hang out. I'm familiar with the club, as it has been in business for many years, and had become quite a popular venue, attracting "Muchos Calorosos" (lots of hotties to the nth degree) from all over central Florida. So far, the victims have been from Sarasota, Clermont, Kissimmee, Orlando, Seminole County, and Bayamon PR.

    But I'm really mystified, as I can not fathom what would provoke someone to target and attack an Hispanic club in Florida, as if, by that act, one were achieving something.

    This post from the city of Orlando will be up-dated as more victims are identified:

    See also:

  • 45. allan120102  |  June 12, 2016 at 9:27 am

    My heart bleeds from watching the news. I can stop crying. My condolence to all affected families and friends.Their murders will not be in vain.We will fight like our predecesors did and like we are doing and what we will continue to do. We will never be defeat, we are a strong community with a lot of allies.

  • 46. guitaristbl  |  June 12, 2016 at 10:22 am

    This are hard times but I will be cynical : This should be a wake up call for all bigoted legislatures to finally stop their attacks on LGBT people, pass hate crimes legislation, anti-discrimination protections and finally apologize to LGBT people for all these years of persecution. Especially Florida and its legislature must take immediate measures.

  • 47. JayJonson  |  June 12, 2016 at 2:10 pm

    I would not count on this happening. The self-righteous religious fanatics would impose their own version of sharia law if they could, and they control a great portion of the Republican party.

  • 48. Zack12  |  June 14, 2016 at 1:27 am

    Indeed, this "concern" they are showing for the victims killed and for LGBT being harmed abroad is laughable.
    They want to do their own form of Sharia Law and if Trump gets elected and is allowed to appoint SCOTUS justices, they certainly will.

  • 49. theperchybird  |  June 12, 2016 at 6:18 pm

    San Luis Potosi's bill will be out of the committee stage before 90 days. If the committee vote is negative then activists can file an action of unconstitutionality that will kill the statutory ban just like they did in Jalisco.

  • 50. theperchybird  |  June 13, 2016 at 12:03 pm

    One of the directors of Morelos' State Adoption Agency says that the new marriage law will allow couples to adopt. There's already one pending application from a couple who married in Mexico's capital, but are native Morelans.

  • 51. Fortguy  |  June 13, 2016 at 9:02 pm

    Somehow, I'm not in the least bit surprised that GOP nominee-apparent Agent Orange would spend the time since the Orlando massacre spewing crap from his facehole while running victory laps through the blood of the innocents. Instead, what has really disappointed me was how FL Gov. Rick Scott refuses to even mention the word "gay", acknowledge that the victims were targeted because they were LGBT, or even admit that his state has a large LGBT community that now feels under threat.

    What's he afraid of? Is he afraid that if he says the g-word that his penis will fall off? That his a-hole will suddenly feel like a g-spot? That he would feel compelled to finish the rest of his Jake Tapper interview responding in melodies to Ariana Grande songs?

  • 52. Fortguy  |  June 13, 2016 at 9:28 pm

    Scott speaks in generics about how he will protect everyone against harms against anyone. He could show leadership, but instead he's a spineless coward afraid he'll be primaried in his next election if he shows any sympathy or support to his own LGBT constituents.

  • 53. Zack12  |  June 14, 2016 at 1:25 am

    Indeed, this is all about politics to him.
    He is a gutless spineless weasel.

  • 54. theperchybird  |  June 14, 2016 at 12:14 am

    Colima's new Civil Code with marriage has been published. Rick, Allan, go down to Article 145. Also look at the last page which is the summary of the publication.

    This was uploaded on the 11th so whatever's on there went into effect on the 12th.

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