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Proposition 8 Ruling Figures Prominently in ABA Programming
Events and Seminars | 2010/08/07 08:39
As the American Bar Association Annual Meeting opened yesterday, one of the first conference programs was titled “Same-Sex Marriage — Moving Beyond State Courts.”  The discussion occurred shortly after Chief U.S. District Judge Vaughn Walker ruled that the Proposition 8 initiative was unconstitutional.

Speaking to the decision, ABA President Carolyn B. Lamm noted, “The ruling of the United States District Court for the Northern District of California certainly points out what a very significant legal issue or series of issues marriage equality raises.  We know that marriage equality impacts issues in families’ lives — taxation, succession, custody of children, breakup and others.”

Panelists of the program were to include Ted Olson, who argued the case of Perry v. Schwarzenegger that challenged the constitutional validity of Proposition 8, but given the ruling’s timing, Olson was unable to attend.  Therese Stewart, San Francisco chief deputy city attorney, spoke in his stead. 

Stewart pointed out that evidence and research have shown that there is no difference in children being able to function whether raised by opposite sex parents or parents of the same sex.  People’s feelings on morality and immortality should not be the basis of law, said Stewart.

Gill v. OPM, in contrast, focused on federal recognition of couples who are already married, specifically Section 3 of the Defense of Marriage Act dealing will federal benefits.  Mary Bonauto, who argued that case, cited that marriage equality is not only about benefits but is as much about responsibilities, providing the example of conditioning eligibility for benefits on financial means.

Raymond Marshall, former president of the Bar Association of San Francisco and the State Bar of California, who moderated the program asked why marriage was sought, rather than civil unions or some other arrangement.  “Words matter.  Names matter,” stressed Stewart. “Everyone knows what marriage means.”

When asked why lawyers and courts should be involved, Bonauto succinctly stated that marriage is a legal institution.  In days gone by, interracial marriages have been prohibited as have inmate marriages. 

Lawyers and courts are important, argued panelists — Beth Robinson, an expert on state court marriage equality cases, also spoke — but the court of public opinion is also critical.  “I’m not sanguine about young people favoring [marriage equality],” said Stewart.  Popular opinions are fluid.

One attendee asked whether contracts entered into by committed individuals were being challenged.  The number of gaps that need filing in order to address all needs are too onerous.  “No paper I could draft” could address them all, noted Robinson.  

Marshall emphasized that — in the spirit of the American Bar Association — program planners invited speakers on both sides of the issue to take part in the session, but did not receive any acceptances from the other side.

The Annual Meeting of the American Bar Association runs through Aug. 10.  During the meeting of its policymaking House of Delegates on Aug. 9 – 10, the association will consider a recommendation dealing with marriage equality.  

The recommendation, as it is being brought to the House, reads, “[T]he American Bar Association urges state, territorial and tribal governments to eliminate all of their legal barriers to civil marriage between two persons of the same sex who are otherwise eligible to marry.”

Lamm noted, “As the nation's largest organization of lawyers, we in fact need to consider these issues because it impacts the lives of the public.  We will be debating them on Monday and this certainly helps to inform our debate.”

More than 20 entities of the ABA as well as state and local bars are bringing the measure to the House of Delegates. The ABA, with nearly 400,000 members, is the largest voluntary professional association in the world.



NYC lawsuit: Census Bureau discriminated in hiring
Breaking Legal News | 2010/08/06 09:02

Civil rights groups on Thursday accused the U.S. Census Bureau of discrimination in its hiring of more than a million temporary workers to conduct the 2010 census, saying it ignored a warning from a federal agency that its hiring practices might violate the Civil Rights Act.

The Lawyers' Committee for Civil Rights Under Law, the Center for Constitutional Rights and the Public Citizen Litigation Group were among groups that sued the secretary of the U.S. Department of Commerce in April to end the hiring practices and obtain back pay for plaintiffs. They beefed up the lawsuit Thursday with new claims and plaintiffs.

The lawsuit, which seeks class action status in U.S. District Court in Manhattan, alleges the Census Bureau in hiring temporary workers over the past two years illegally screened out applicants with often decades-old arrest records for minor offenses or those who were arrested but never convicted. It accuses the bureau, a division of the Department of Commerce, of discriminating against more than 100,000 blacks, Latinos and Native Americans, who are more likely to have arrest records than whites.



Nazi-naming parents shouldn't get kids
Court Watch | 2010/08/06 08:56

A New Jersey couple who gave their children Nazi-inspired names should not regain custody of them, a state appeals court ruled Thursday, citing the parents' own disabilities and the risk of serious injury to their children.

The state removed Heath and Deborah Campbell's three small children from their home in January 2009.

A month earlier, the family drew attention when a supermarket refused to decorate a birthday cake for their son, Adolf Hitler Campbell. He and siblings JoyceLynn Aryan Nation Campbell and Honszlynn Hinler Jeannie Campbell have been in foster care.

A family court had earlier determined that there was insufficient evidence that the parents had abused or neglected the children. That decision was stayed until the appeals court could review it. On Thursday, the three-judge appeals panel determined there was enough evidence and that the children should not be returned.



Mexican court upholds capital's gay marriage law
International | 2010/08/06 05:56

Mexico's Supreme Court ruled Thursday that a law allowing same-sex marriages in Mexico City is constitutional, rejecting an appeal by federal prosecutors who argued it violated the charter's guarantees to protect the family.

The justices' 8-2 ruling handed a legal victory to hundreds of same-sex couples who have been married in Mexico's capital since the landmark law took effect March 4. When approved last December, it was the first law in Latin America explicitly giving gay marriages the same status as heterosexual ones, including adoption.

The court, however, must still rule on the adoption clause and whether the ruling will affect states outside of the capital. It is expected to address adoption on Monday.

"We are very happy," said Mexico City lawyer Leticia Bonifaz, who argued Mexico City's case. "It fell to us to carry to a conclusion a struggle that has taken a long time."

Justices who voted on the majority side stressed that while Mexico's constitution enshrines protection for families, it does not define what a "family" is.

"It does not appear to me to be unconstitutional," Justice Jose Gudino said during Thursday's session. "The concept of the family established in the constitution ... is an open concept."

Jaime Lopez Vela, a leader of the group Lesbian, Gay, Transsexual and Transgender, was among a group of activists who celebrated the ruling outside the court.



Obama visits company as new job figures come out
Politics | 2010/08/06 04:00

President Barack Obama will visit a small business and talk about job-creation Friday shortly after the government releases unemployment figures for July.

The president will tour the facilities of Gelberg Signs in the District of Columbia and publicly applaud efforts the company is making to expand and hire more workers.

Later, he'll host a reception at the White House for Elena Kagan, newly confirmed to become the next Supreme Court justice.

Friday's report on the nation's employment situation is expected to show that private companies added only 90,000 jobs in July, not nearly enough for healthy economic growth.



NY writer pleads not guilty to labor charge
Human Rights | 2010/08/06 02:57

A New York writer has pleaded not guilty in an alleged scheme to lure young women from overseas into forced labor.

Joseph Yannai (YAH'-nay) of Pound Ridge entered the plea Thursday in federal court in Brooklyn. He'll remain in jail pending an Aug. 9 bail hearing.

The 66-year-old Yannai wrote a reference guide to the world's top chefs called "The International Who's Who of Chefs 2004-2005."

Federal prosecutors allege he used au pair websites to try convince his victims that he was in the publishing business and looking for an assistant. He also is facing similar state charges, including labor trafficking and sexual abuse of women from Hungary, France and Brazil.

If convicted in the federal case, he could be sentenced to life in prison and lose his home.



Ginsburg says no plans to leave Supreme Court
Legal Business | 2010/08/05 08:38

After a period of dramatic change at the Supreme Court and in her personal life, Justice Ruth Bader Ginsburg is looking forward to being one of three women on the high court for the foreseeable future.

Although some have speculated she might step down next year, the 77-year-old Ginsburg told The Associated Press on Tuesday she has no plans to retire anytime soon and still wants to match Justice Louis Brandeis, who stepped down at age 82.

Ginsburg talked with the AP as the Senate began debate on the all-but-assured confirmation of high court nominee Elena Kagan, chosen by President Barack Obama to replace John Paul Stevens. Last year, Justice Sonia Sotomayor joined the court after David Souter retired.

Ginsburg said the court's demanding work helped her cope with the death of her husband, Martin, in June. They had been married 56 years.

She had two opinions to write in June and constant trips between the court, her home and the hospital. "I had no time to dwell on the loss that I knew was going to be sooner rather than later," she said.



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