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Businesses ask Supreme Court to take gay rights case
Legal Marketing | 2017/10/26 01:00
Some of America's most well-known companies are urging the Supreme Court to rule that a federal employment discrimination law prohibits discrimination based on a person's sexual orientation, a position opposite of the one taken by the Trump administration.

The 76 businesses and organizations — including American Airlines, Apple, eBay, Facebook, Google, Starbucks and Microsoft — filed a brief Wednesday encouraging the high court to take up the issue. They want the court to take a case out of Georgia in which a gay woman who worked as a hospital security officer says she was harassed and punished for dressing in a male uniform and wearing her hair short. Jameka Evans, who worked at Georgia Regional Hospital at Savannah from 2012 to 2013, ultimately left her job and sued.

The question in her case is whether a federal law barring workplace discrimination "because of...sex" covers discrimination against someone because of their sexual orientation. The Equal Employment Opportunity Commission under President Barack Obama took the view that it does. But President Donald Trump's administration has argued that Title VII of the Civil Rights Act of 1964 bars discrimination based on gender but doesn't cover sexual orientation.

The businesses' court filing says they and their employees would benefit if the court agreed to take the case and rule that Title VII covers sexual orientation discrimination.

"Businesses' first-hand experiences — supported by extensive social-science research — confirm the significant costs for employers and employees when sexual orientation discrimination is not forbidden by a uniform law, even where other policies exist against such discrimination," the businesses wrote in their brief. The organizations that joined the brief also include two sports teams, the Tampa Bay Rays and the Miami Heat.

The case out of Georgia is not unique. Most federal appeals courts in the past have ruled that "sex" means biological gender, not sexual orientation. But a federal appeals court in Chicago, the U.S. Court of Appeals for the 7th Circuit, ruled earlier this year that the law covers sexual orientation. In that case, a gay part-time community college instructor sued after she was repeatedly turned down for a full-time job and her part-time contract was not renewed.

The New York-based U.S. Court of Appeals for the 2nd Circuit is also weighing the issue. Last month, the full court heard arguments in a case in which a skydiving instructor, Donald Zarda, claimed he was fired from his job after telling a client he was gay. He sued under the Civil Rights Act, but previous rulings have gone against Zarda, who died in an accident in Switzerland three years ago. A ruling in his case isn't expected for some time.


Australia's High Court to consider fate of 7 lawmakers
Attorney News | 2017/10/25 00:59
Australia's prime minister said Monday that he was confident that government lawmakers would win a court challenge this week that threatens his administration's slender majority.

Seven High Court judges will decide whether seven lawmakers should be disqualified from Parliament because of a constitutional ban on dual citizens being elected. The three-day hearing begins Tuesday.

The fate of Deputy Prime Minister Barnaby Joyce is most crucial to the government in an unprecedented political crisis.

If the court rules that he was illegally elected in July last year due to New Zealand citizenship he unknowingly inherited from his father, the ruling conservative coalition could lose its single-seat majority in the House of Representatives, where governments are formed.

Joyce could stand in a by-election, having renounced his Kiwi citizenship. But with the government unpopular in opinion polls, voters in his rural electoral division could take the opportunity to throw both the deputy prime minister and his administration out of office.

Two of the six senators under a cloud are government ministers. Fiona Nash inherited British citizenship from her father and Matt Canavan became an Italian through an Australian-born mother with Italian parents. Disqualified senators can be replaced by members of the same party without need for an election.

Prime Minister Malcolm Turnbull has given no indication of what his government would do if the court rules against any of the three ministers.


Supreme Court refuses to hear Kentucky foster care case
Headline Legal News | 2017/10/23 01:00
The U.S. Supreme Court has refused to hear a case involving a growing number of Kentucky relatives providing free foster care for children.

The result is that Kentucky must begin paying those relatives the same as they do licensed foster families, news outlets report.

The nation's high court on Tuesday refused to hear an appeal from the Kentucky Cabinet for Health and Family Services. The cabinet was seeking to overturn a ruling earlier this year by the 6th U.S. Circuit Court of Appeals that said the state must pay relatives who take in foster children.

The case revolved around a lawsuit filed by Lexington lawyer Richard Dawahare on behalf of a great-aunt who took in two young boys but was denied foster payments from the state.

"We have won, our clients have won and it's a big deal," Dawahare said. "Right now, the relatives are entitled and they need to make their claim."

A cabinet spokesman didn't immediately respond to a request for comment.

The news will be celebrated by many relatives across Kentucky caring for children but not eligible for daily payments even as licensed foster parents are paid a base rate of about $25 a day or $750 a month.

Among them is Kimberly Guffy of Russellville, Kentucky, who said she and her husband have been caring for two small grandchildren for more than three years with no foster care help from the cabinet.

"The days of the cabinet's reliance on relatives to balance its budget are over," she told The Courier-Journal.

Guffy said she didn't hesitate to take in the children, one a newborn and the other a 16-month-old, but it has been a struggle, especially for the first year when child care costs reached $10,000.

The cabinet has since agreed to assist with child care costs but refused foster payments. Social workers at one point told her that if the family couldn't afford to care for the children, they would be placed in a foster home.



Lawyers want Supreme Court to block Texas from executing man
Court Watch | 2017/10/23 01:00
Attorneys for an inmate convicted in a prison guard's death are asking the U.S. Supreme Court to halt his Thursday evening execution.

Robert Pruett's lawyers want justices to review whether lower courts properly denied a federal civil rights lawsuit that sought additional DNA testing in the case. They are also questioning whether a prisoner who claims actual innocence, as Pruett does, can be put to death.

If the execution is carried out Thursday, Pruett would be the sixth prisoner executed this year in Texas, which carries out the death penalty more than any other state. Texas put seven inmates to death last year. His execution would be the 20th nationally, matching the U.S. total for all of 2016.

Pruett avoided execution in April 2015, when a state judge halted his punishment just hours before he could have been taken to the death chamber. His lawyers had convinced the judge that new DNA tests needed to be conducted on the steel rod used to stab the 37-year-old Nagle.

The new tests showed no DNA on the tape but uncovered DNA on the rod from an unknown female who authorities said likely handled the shank during the appeals process after the original tests in 2002.

In June, Pruett's execution was rescheduled for October. Pruett's attorneys then unsuccessfully sought more DNA testing and filed a federal civil rights lawsuit in August, arguing Pruett had been denied due process. The 5th U.S. Circuit Court of Appeals rejected the lawsuit last week, and Pruett's attorneys appealed to the U.S. Supreme Court on Tuesday.
 


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