LGBT Law Blog

House Votes to Expand Hate Crimes Legislation

2009-10-09T18:53:00.004-04:00

On Thursday, October 8th, nearly eleven years after the murder of Matthew Shepard, the House of Representatives voted to expand the definition of federal hate crimes to include those committed because of a person's actual or perceived sexual orientation, gender, gender identity, or disability. The New York Times reports that the final vote was 281 in favor and 146 opposed. The bill, originally introduced by Senator Ted Kennedy, will now move to the Senate, where it has solid support, for final approval. The measure is included within an essential $681 million military policy bill, which authorizes military pay, weapons programs, and other essentials for the military.

Equal Marriage Bill Introduced in D.C.

2009-10-09T18:35:00.003-04:00

On Tuesday, October 6, D.C. Councilman David Catania introduced the Religious Freedom and Civil Marriage Equality Amendment Act of 2009. This bill would expand a D.C. law passed by the Council in July that recognizes same-sex marriages performed elsewhere. The bill also would protect clergy members from conducting or providing accommodations for same-sex marriage ceremonies. Ten council members signed on as co-sponsors of the bill. The Washington Post reported on Tuesday that it appears unlikely that Congress will block the bill. The Council hopes to have a vote on the bill by December this year. The bill is not expected to have any problems getting through the Council, but, under Home Rule, U.S. Congress has 30 legislative days to review the bill before it becomes law.

The Washington Business Journal published an article today, Friday, October 9th, which states that a study by the Williams Institute conducted this past April found that within three years equal marriage in D.C. could inject as much as $52.2 million into the city's retail and tourism industry.

Third Circuit Allows Gay Plaintiffs to Bring Sex Stereotyping Suit under Title VII

2009-09-08T19:18:00.005-04:00

On August 28, a unanimous Third Circuit Court of Appeals, in Prowel v. Wise Business Forms, Inc., 2009 WL 2634646 (3d Cir. Aug. 28, 2009), held that there was sufficient ambiguity as to whether Prowel, the plaintiff, suffered discrimination based on his homosexuality or his effeminacy to send the case to trial. New York Law School's September 2009 issue of Lesbian/Gay Law Notes has a great article explaining this case, as well as many other recent LGBT legal events.

Note: Apologies for the very long absence from the blog... settling back in for the year and hoping to get back into a more regular posting schedule. More to come soon! Thanks for staying tuned!

Sotomayor, Religion, and Homosexuality = Fumbled Facts

2009-07-11T16:53:00.002-04:00

The Volokh Conspiracy Blog tears apart an article on CNSNews.com, which has a headline "Sotomayor Supported Censoring Biblical Verse on Homosexuality from New York City Billboard."

A billboard was put up in Staten Island that said:

Word on the Street
4 WAYS TO SAY LEVITICUS 18:22
THOU SHALL NOT LIE WITH MANKIND AS WITH WOMANKIND: IT IS ABOMINATION (KING JAMES)
YOU SHALL NOT LIE WITH A MALE AS WITH FEMALE: THAT WILL BE LOATHSOME (JAMES MOFFAT)
DO NOT LIE WITH A MAN AS WITH A WOMAN: IT IS DETESTABLE (BERKLEY VERSION)
HOMOSEXUALITY IS ABSOLUTELY FORBIDDEN FOR IT IS AN ENORMOUS SIN (LIVING BIBLE)
I AM YOUR CREATOR

The billboard was taken down fairly quickly after the Staten Island Borough President sent a letter to the company that owns owns the billboard. The religious organization then filed suit for violations of free speech, free exercise, and the establishment clause.

What's shocking is that despite the headline of the CNSNews article, Judge Sotomayor's panel REVERSED the District Court to hold that the religious organization's free speech MAY HAVE BEEN ABRIDGED. Full details at Volokh Conspiracy blog post, including links to the opinion and detailed analysis.

Incidentally CNSNews stands for Cybercast News Service... funny, I would have guessed Christian News Service.

Indian Supreme Court Agrees to Hear Petition on Gay Sex Ban

2009-07-10T19:01:00.002-04:00

365Gay.com is reporting that the Supreme Court of India has agreed to hear a petition challenging the recent Delhi court opinion striking down a law banning gay sex.