Mississippi Supreme Court narrowly grants same-sex divorce

Lawyer Blog Post 2015/11/06 14:53   Bookmark and Share
The Mississippi Supreme Court voted to allow a lesbian couple to seek a divorce, even as two justices questioned the U.S. Supreme Court ruling legalizing same-sex marriage and suggested that landmark ruling has no constitutional basis.
 
The decision Thursday came after DeSoto County Chancery Judge Mitchell Lundy Jr. ruled in 2013 that the Mississippi Constitution and state law prevented him from granting a divorce to Lauren Czekala-Chatham and Dana Ann Melancon because the state didn't recognize same-sex marriage.

Czekala-Chatham appealed, and it was initially opposed by Mississippi Attorney General Jim Hood, a Democrat. However, Hood asked the court to allow the divorce after the June 26 ruling from the U.S. Supreme Court.

On Friday, same-sex couples will be in federal court seeking to overturn Mississippi's last-in-the-nation ban on adoption by gay couples.

In the Mississippi court's divorce ruling, five of nine justices said in a two-page order that because Hood had reversed his position, "we find no contested issues remain" and sent the case back to DeSoto County for further action.

Justices Leslie King and James Kitchens agreed with the outcome, but dissented, calling for the court to issue a full opinion. King and Kitchens called for Mississippi to overturn its ban on same-sex marriage and grant the divorce in February.

Czekala-Chatham and Melancon were married in San Francisco in 2008 and bought a house in Mississippi before separating in 2010. Czekala-Chatham said she hopes to soon be divorced from her wife, who now lives in Arkansas.


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Court reinstates lawsuit over NYPD surveillance of Muslims

Lawyer Blog Post 2015/10/14 00:25   Bookmark and Share
A federal appeals court has reinstated a lawsuit challenging the New York Police Department's surveillance of Muslim groups following the Sept. 11, 2001, terrorist attacks.

Tuesday's 3rd Circuit Court of Appeals ruling reverses the decision of a New Jersey federal judge who dismissed the case last year.

The appellate panel found the Muslim plaintiffs had raised sufficient allegations of equal-protection violations to warrant the case going forward.

The judges compared the NYPD's alleged practices to blanket scrutiny of Japanese-Americans during World War II and blacks during the civil rights movement

The city blamed The Associated Press, whose reporting exposed the surveillance program, for any harm to the plaintiffs.

The lower court judge agreed with that argument, but the appeals panel said the city was the cause of any harm.
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Idaho high court upholds law banning horse racing terminals

Lawyer Blog Post 2015/09/11 18:06   Bookmark and Share
Idaho's highest court says the state must enforce legislation banning lucrative instant horse racing terminals after ruling that Gov. C.L. "Butch" Otter's veto of the bill was invalid.

The decision is a blow to Idaho's horse racing industry, where officials have pleaded that the machines are vital to keeping their businesses afloat.

In a unanimous decision issued Thursday, the court ruled that the ban must go into effect because Otter did not complete the veto within the required five-day time span. In Idaho, a bill automatically becomes law — even if the governor doesn't sign it — unless it is vetoed within the legal timeframe.

"This pivotal decision reaffirms that even Idaho's highest elected officials must follow the Constitution," said Coeur d'Alene Tribe Chief James Allan, chairman of the tribe that filed the lawsuit against the state, prompting the court's ruling. The tribe, which profits from its own video gaming on the reservation and faced competition from the new horse racing versions, said it was "extremely happy" with the ruling.

Secretary of State Lawerence Denney must now certify the law, which will make the machines illegal. He did not immediately return calls from The Associated Press on when he will certify it. There are currently about 250 machines installed in three locations across Idaho.

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Court cuts prison sentence for Memphis 'sovereign citizen'

Lawyer Blog Post 2015/09/02 14:17   Bookmark and Share
An appeals court has reduced the prison sentence for a self-described sovereign citizen who was convicted of assaulting two police officers during a traffic stop.

Tabitha Gentry was convicted in April 2014 of two counts of aggravated assault and one count of evading arrest in an automobile.

The judge sentenced Gentry to consecutive prison sentences of six years on each assault charge and two years on the evading arrest charge, totaling 14 years.

Tennessee's Court of Criminal Appeals ruled Monday that the judge should have ordered that the sentences run at the same time, reducing her sentence in that case to six years.

Gentry also is serving a 20-year sentence for illegally taking over a Memphis mansion. The appeals court ruling cuts her total prison time from 34 years to 26 years.




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Court: New health law doesn't infringe on religious freedom

Lawyer Blog Post 2015/07/15 23:10   Bookmark and Share
The federal health care law doesn't infringe on the religious freedom of faith-based nonprofit organizations that object to covering birth control in employee health plans, a federal appeals court in Denver ruled Tuesday.

The case involves a group of Colorado nuns and four Christian colleges in Oklahoma.

Religious groups are already exempt from covering contraceptives. But the plaintiffs argued that the exemption doesn't go far enough because they must sign away the coverage to another party, making them feel complicit in providing the contraceptives.

The 10th Circuit Court of Appeals disagreed. The judges wrote that the law with the exemption does not burden the exercise of religion.

"Although we recognize and respect the sincerity of plaintiffs' beliefs and arguments, we conclude the accommodation scheme ... does not substantially burden their religious exercise," the three-judge panel wrote.

The same court ruled in 2013 that for-profit companies can join the exempted religious organizations and not provide the contraceptives. The U.S. Supreme Court later agreed with the 10th Circuit in the case brought by the Hobby Lobby arts-and-crafts chain.
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Indian court rejects ban on 'offensive' Internet messages

Lawyer Blog Post 2015/03/27 16:49   Bookmark and Share

India's top court affirmed people's right to free speech in cyberspace Tuesday by striking down a provision that had called for imprisoning people who send "offensive" messages by computer or cellphone.

The provision, known as Section 66A of the 2008 Information Technology Act, had made sending such messages a crime punishable by up to three years in prison.

In its ruling, the Supreme Court said the provision was "clearly vague" in not clarifying what should be construed as offensive. It also said the provision violates people's freedom of speech and their right to share information.

"The public's right to know is directly affected," the judges said in deeming the provision unconstitutional.

A law student who filed the challenge in 2012, Shreya Singhal, applauded the court's rejection of a provision she said was "grossly offensive to our rights, our freedom of speech and expression."

"Today the Supreme Court has upheld that, they have supported our rights," Singhal said. "I am ecstatic."

The law has been invoked in at least 10 recent cases, most often involving criticism of political leaders.

In 2012, a chemistry professor and his neighbor in Kolkata were arrested for forwarding a cartoon that made fun of West Bengal's top elected official, Mamata Banerjee.
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