Sexual Orientation and the Law Blog

Lawmakers in Hawaii (the state that started it all) approve civil unions; governor's decision pending

In 1993, the Hawaii Supreme Court ordered the state government to show a compelling interest why same-sex couples should be prohibited from marrying.  A subsequent voter-approved change to the state constitution cut the legs out from under that decision, and the legislature voted to define marriage as only between a man and a woman. But the brief prospect that gays might be able to marry in Hawaii set off a stampede in Congress and other states to enact so-called "defense of marriage" acts.

Now, the state's lawmakers have approved a bill that would give same-sex and heterosexual couples the ability to enter into civil unions and enjoy the same rights as married couples under state law (though these would still not be "marriages"). The bill now goes to Republican Gov. Linda Lingle, who has not said whether she would sign, veto or allow the bill to become law without her signature.

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New edition of Lambda's "Of Counsel-On Campus" now available

The latest edition of the "Of Counsel - On Campus" newsletter from Lambda Legal is now available.  The newsletter includes articles and links and focuses on issues of special interest to law students. 

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Analyses of arguments in Doe v. Reed petition signature case

Our colleague Ruthann Robson at Conlawprof Blog has an analysis of yesterday's arguments at the Supreme Courtin Doe v. Reed, which involves a claim that signing a petition should be protected by the First Amendment in order to avoid harassment.  The case arises out of a Washington state ballot initiative over same-sex marriage.  Veteran SCOTUSBlog reporter Lyle Denniston's take is here.  

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Supreme Court to hear arguments on whether gay marriage opponents can remain anonymous

Veteran ScotusBlog reporter Lyle Denniston has a preview of today's argument in a case that asks whether signers of a petition -- in this case, to get an initiative on the ballot to ban same-sex marriage -- may remain anonymous.

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TX appellate court to hear arguments in same-sex divorce case

Last year a local judge in Texas granted a divorce to a same-sex couple who had been legally married in Massachusetts. The decision was controversial, since Texas does not recognize same-sex marriages. The Fort Worth Star-Telegram reports: 

The question of whether same-sex couples who marry in other states should be able to divorce each other in Texas — a state that only recognizes marriages between one man and one woman — heats up Wednesday when it goes before an appeals court in Dallas. 

The case expected to draw national attention involves two Dallas men, identified in court documents as "J.B." and "H.B." who married each other in Massachusetts in 2006 and now want a divorce. State attorneys will argue to the 5th Court of Appeals Wednesday why that should not happen in Texas. 

 This is the first such case in Texas to be appealed to a higher court — and one that could go all the way to the Texas Supreme Court before a precedent-setting ruling is delivered, political observers say.

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Analyses of argument in Christian Legal Society v. Martinez

Our colleague Ruthann Robson at Conlawprof blog has an insightful analysis of yesterday's Supreme Court argument in a case that pits a law school non-discrimination policy against the associational rights of Christian students.  Scotusblog veteran reporter Lyle Denniston has another analysis here.  The transcript is here.  

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Supreme Court to hear arguments on whether public law school can deny recognition to Christian group that discriminates against gays

NPR has a preview of the arguments in Christian Legal Society v. Martinez, which promises to become a landmark case on freedom of association, gay rights, and whether discriminatory religious groups are entitled to public funding and other benefits. Specifically, the case tests "whether state colleges and universities can deny official status and subsidies to student groups that bar homosexuals and other groups from membership. The case could affect public colleges and universities across the country, and it puts the court in the middle of a long struggle by Christian activists who contend that their rights are violated on campus by secular rules."

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With Stevens retirement, Court loses strong and consistent voice on gay rights

Chris Geidner of Metro Weekly has an appreciation of the contributions Justice John Paul Stevens has made in cases affecting gays and lesbians.

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April Lesbigay Law Notes now available

The April edition of Professor Art Leonard's indispensable Lesbian/Gay Law Notes is now available.  In the lead story, a panel of the European Court of Human Rights has held that Polish officials violated Articles 8 and 14 of the European Convention on Human Rights when they categorically denied tenant succession rights to same-sex couples but allowed succession rights to unmarried opposite-sex couples.  The Polish court had held that any succession right under a claim of de facto marriage could not apply to same-sex couples, since marriage was limited to opposite-sex couples.  The panel of the European Court held that the legal distinction between same-sex and opposite-sex couples was not justified.   The panel also affirmed that the European Convention on Human Rights prohibits members-states from interpreting their own laws in a way that unjustifiably discriminates on the basis of sexual orientation.

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Religious conservatives up in arms over recess appointment of Chai Feldblum to EEOC

Fox News reports that "President Obama's recess appointment of an outspoken supporter of gay rights to the Equal Employment Opportunity Commission is causing alarm among social conservatives, who worry that she'll strip religious rights from schools and businesses and 'revolutionize' social norms in the workplace."  Georgetown Professor Chai Feldblum was one of Obama's recess appointments last Saturday, meaning the president bypassed the need for approval in the Senate where Feldblum's appointment had languished.  I previously reported about the opposition to Feldblum based on a statement she had signed about alternative families.

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Texas judge grants state's first same-sex divorce over AG's objections

A Texas judge who allowed a lesbian couple to divorce in Texas (the couple had married in Massachusetts in 2004) has rejected the state attorney general's move to overturn his decision.  The AG had argued the divorce could not be granted because Texas does not recognize same-sex marriages.  The case is expected to end up in the Texas Supreme Court.

Meanwhile, Professor Art Leonard analyzes a similar case that went the other way in Pennsylvania.

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