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Dutch court says time ripe for law to recognize 3rd gender
Lawyer Blog News |
2018/05/02 02:28
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A court in the Netherlands says that lawmakers should recognize a neutral, third gender, in a groundbreaking ruling for a person who does not identify as male or female.
The court in the southern city of Roermond said Monday that the person's gender could not be definitively determined at birth. The person was registered as male but later had treatment to become a woman and successfully applied to have her gender officially changed to female.
However the applicant later sought to be listed as a "third gender" — neither male nor female.
The court said in a statement that "the time is ripe for recognition of a third gender," adding that "it is now up to lawmakers."
Transgender activists hailed the ruling as a revolutionary step in Dutch law.
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Ohio court's visitor center adds plaster cast of Harding
Employment Law |
2018/05/01 02:29
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A plaster cast used to create a sculpture of President Warren G. Harding found at the Ohio Supreme Court is on display in the building's visitor education center.
The likeness was donated by the former president's family.
It was used to create the sculpture of Harding, a Marion native. It has hung in the building that now houses the state's highest court since its construction more than 80 years ago.
The fragile plaster cast is housed in an elevated glass enclosure.
Harding was the 29th president and one of eight born in Ohio, earning the state the nickname "Mother of Presidents." |
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Court won't reconsider making public family slain autopsies
Headline News |
2018/04/25 17:25
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The Ohio Supreme Court on Wednesday once again rejected requests for unredacted autopsy reports from the unsolved slayings of eight family members.
The court ruled 5-2 without comment against reconsidering its December decision that the Pike County coroner in southern Ohio does not have to release the reports with complete information.
The case before the court involved seven adults and a teenage boy from the Rhoden family who were found shot to death at four homes near Piketon, in rural southern Ohio, on April 22, 2016. No arrests have been made or suspects identified.
Heavily redacted versions of the autopsy reports released in 2016 showed all but one of the victims were shot multiple times in the head, but details about any other injuries and toxicology test results weren't released.
In the 4-3 December ruling, Chief Justice Maureen O'Connor, writing for the majority, said Ohio law regarding coroner records clearly exempts the redacted material as "confidential law enforcement investigatory records."
Once a criminal investigation ends, confidential information in autopsy reports can become public records, but the process leading to a suspect can sometimes take time, O'Connor wrote. |
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Trump travel ban is focus of Supreme Court's last arguments
Lawyer Blog News |
2018/04/25 17:24
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President Donald Trump's ban on travelers from several mostly Muslim countries is the topic of arguments Wednesday at the Supreme Court, with a Trump administration lawyer facing questions during the first half of arguments.
The travel ban case is the last case the justices will hear until October.
A little over 20 minutes into arguments, Justice Anthony Kennedy asked Solicitor General Noel Francisco, who was defending the ban, whether statements Trump made during the presidential campaign should be considered in evaluating the administration's ban. Francisco told the justices that they shouldn't look at Trump's campaign statements, which included a pledge to shut down Muslim entry into the U.S.
But Kennedy, whose vote is pivotal in cases that divide the court along ideological lines and whose vote the administration will almost certainly need to win, pressed Francisco on that point. Speaking of a hypothetical "local candidate," he asked if what was said during the candidate's campaign was irrelevant if on "day two" of his administration the candidate acted on those statements.
The Trump administration is asking the court to reverse lower court rulings striking down the ban. The policy has been fully in effect since December, but this is the first time the justices are considering whether it violates immigration law or the Constitution.
The court will consider whether the president can indefinitely keep people out of the country based on nationality. It will also look at whether the policy is aimed at excluding Muslims from the United States.
People have been waiting in line for a seat for days, and on Wednesday morning opponents of the ban demonstrated outside the court holding signs that read "No Muslim Ban. Ever." and "Refugees Welcome," among other things. In another sign of heightened public interest, the court is taking the rare step of making an audio recording of the proceedings available just hours after the arguments end. The last time the court did that was the gay marriage arguments in 2015. |
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Italy's high court refuses to release migrant rescue ship
U.S. Legal News |
2018/04/25 00:25
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Italy's highest court has rejected a request by a German group to release its migrant rescue boat seized eight months ago by prosecutors investigating allegations that non-governmental organizations colluded with migrant smugglers.
The German group, Jugend Rettet, said Tuesday that it was devastated by the Cassation Court's ruling and that "we will fight for the right to rescue people in danger at sea."
Doctors Without Borders said the ruling "sends a working signal (that) Europe will continue to criminalize humanitarian organizations conducting search-and-rescue operations ... rather than strengthening capacities to save lives at sea."
Prosecutors told the court that the Iuventa was seized based on three episodes in which crew members had contact with migrant smugglers. The group's spokesman, Philipp Kulker, said in Berlin that the evidence had been fabricated. |
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Court weighs punishment for judge for courthouse affair
U.S. Legal News |
2018/04/24 00:25
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A Massachusetts judge who engaged in sexual acts with a social worker in his chambers has damaged the public's faith in the judicial system and can no longer command the respect necessary to remain on the bench, the head of the state's Commission on Judicial Conduct said Tuesday.
Howard V. Neff III, executive director of the commission, told the Supreme Judicial Court that an indefinite suspension that would allow lawmakers to decide whether to remove Judge Thomas Estes from the bench is the only proper punishment for behavior Neff called "egregious."
"Unless this court sets a precedent that makes it absolutely clear that this type of conduct will not be tolerated ... there is little hope that public trust in the administration of public justice in Massachusetts will be restored," Neff said.
Estes admits he had a sexual relationship with Tammy Cagle, who worked in the special drug court where he sat. But Estes denies allegations Cagle made in a federal lawsuit, including that he coerced her into performing oral sex on him and played a role in getting her removed from the drug court when she tried to end the relationship.
Estes, who's married and has two teenage boys, attended Tuesday's hearing but left the courthouse without speaking to reporters. The court did not immediately decide Estes' punishment. He is asking for a four-month suspension.
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