June 11, 2009
Florida SCt rejects challenge to bar group's amicus brief on gay adoption ban
The Florida Supreme Court has ruled in favor of the Florida Bar Board of Governors, which earlier this year unanimously approved a request from the group's family law section to file an amicus brief in pending litigation challenging the constitutionality of Florida’s statewide gay adoption ban. In the 5-2 decision, the state Supreme Court rejected a claim by the petitioner, the anti-gay group Liberty Counsel, that the bar's action violated the petitioner's First Amendment rights on the theory that the amicus brief was funded by compulsory dues. The full opinion is available here.
June 10, 2009
Additional insight on this week's denial of cert in the DADT case
Professor Art Leonard has this analysis of the Supreme Court's denial of certiorari in the Pietrangelo case challenging Don't Ask, Don't Tell.
In response to an item I had posted elsewhere about the Obama administration's defense of the policy, Art explained:
June 9, 2009
Responding to 9th Cir ruling on city resolution, Catholic group lashes out at San Francisco officials, comparing them to Nazis
As the San Francisco Chronicle reports, first the Catholic Church ordered Catholic Charities not to place adoptive children with same-sex couples, saying that allowing gay or lesbian couples to adopt "would actually mean doing violence to these children." Then the city supervisors condemned the Vatican's "hateful and discriminatory rhetoric." Then the Catholic League for Religious and Civil Rights accused the city in a lawsuit of acting with unconstitutional hostility toward Catholicism. Then the 9th Circuit ruled that the supervisors had acted for a legal, secular purpose, to protect same-sex couples from discrimination, and not to express disapproval of Catholicism.
In response, the president and chief counsel of the anti-gay-activist Thomas More Law Center has turned up the rhetoric another notch. "It is not a stretch to compare the San Francisco board's actions," he said, "to that of the Nazi Germany policy of Gleichschaltung, vilifying Jews as an auxiliary to and laying the groundwork for more repressive policies, including the final solution of extermination."
TIME on Obama's defense of DADT
TIME ponders the gay community's puzzlement and anger over the Obama administration's defense of Don't Ask, Don't Tell:
The Obama Administration, in its brief in the case last month, said a lower court acted properly in upholding the gay ban. "Applying the strong deference traditionally afforded to the Legislative and Executive Branches in the area of military affairs, the court of appeals properly upheld the statute," argued Elena Kagan, who as Solicitor General represents the Administration before the Supreme Court. The bar on gays serving openly is "rationally related to the government's legitimate interest in military discipline and cohesion," her 12-page filing added.
The government's brief in opposition to certiorari is available here.