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Washington Senate passes domestic partnership bill
Legal Career News |
2007/03/02 17:15
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The Washington State Senate passed a domestic partnership bill (SB 5336) Thursday which would establish a domestic partner registry, giving same-sex couples enhanced rights including inheritance, hospital visitation, and the power to authorize medical procedures. The bill, sponsored by openly gay Sen. Ed Murray (D) passed by a vote of 28-19, defeating a proposed amendment by Senator Don Benton (R) that would have added a referendum clause. Benton and others who voted against the bill said it was an attempt to undermine traditional marriage. The bill now moves to the house as House Bill 1351. Washington Gov. Chris Gregoire is expected to sign the measure if it passes. Last year Washington passed a landmark gay civil rights act sponsored by Murray, which rewrote Washington's Civil Rights Act to include the phrase "sexual orientation" among the classes of people protected from discrimination in housing, lending, and employment. Last week the state determined that a heterosexual woman could not use that law to secure health care benefits for her male partner because a federal law on the topic trumps it. |
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Hawaii lawmakers shelve civil union bill
Legal Career News |
2007/02/28 19:06
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Hawaii legislators have shelved a proposal to create civil unions for same-sex couples, indicating that the state legislature did not have enough votes to pass the law.
The state House Judiciary Committee declined to vote on the proposal after hours of testimony Tuesday without explaining the reasons for deferring debate. Hawaii was one of the first states to consider same-sex marriage when the Hawaii Supreme Court ruled in 1996 that same-sex couples cannot be denied marriage, but a 1998 constitutional amendment defined marriage as a union between a man and a woman. Vermont, Connecticut and New Jersey each recognize civil unions for same-sex couples, while Massachusetts is the only US state to legally recognize same-sex marriage. Earlier this month, New Jersey became the first state to recognize same-sex marriage and civil unions from out of state jurisdictions. |
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CA appeals court upholds stem cell research program
Legal Career News |
2007/02/28 06:32
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A California state appeals court ruled Monday that the state's stem cell research program "suffers from no constitutional or other legal infirmity," leading the way for approximately $3 billion in grant money to be awarded to researchers. The Court of Appeal of the State of California First District upheld last year's lower court decision upholding the constitutionality of the program, operated by the California Institute for Regenerative Medicine (CIRM). The lower court determined that the stem cell program was being administered with sufficient state control and did not violate ballot initiative or conflicts of interest rules. The research program, known as Proposition 71, was approved in a 2004 state referendum by a 59 percent margin. In its ruling, the appeals court noted the delay in research that the litigation had caused: The objective of the proposition is to find, "as speedily as possible," therapies for the treatment and cure of major diseases and injuries, an aim the legitimacy of which no one disputes. The very pendency of this litigation, however, has interfered with implementation for more than two years.
The lawsuit against the program was brought by the California Family Bioethics Council and two anti-tax organizations - the People's Advocate and the National Tax Limitation Foundation. A lawyer for the plaintiffs said they would consider an appeal after reviewing the court's opinion, admitting that the California Supreme Court refuses to hear many appeals. |
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DOJ Releases New Americans with Disabilities Act
Legal Career News |
2007/02/28 02:38
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The Department of Justice today released new technical assistance materials to help state and local governments comply with the Americans with Disabilities Act (ADA). The materials are part of the “ADA Best Practices Tool Kit for State and Local Governments,” a project announced by Attorney General Alberto R. Gonzales in October 2006. “In our work with state and local governments throughout the country, we see many common problems with ADA compliance,” said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. “The Department is issuing the Tool Kit to help state and local government officials gain a better understanding of how to ensure equal access to government programs and services for all of their citizens with a disability.” The Tool Kit is a commonsense guide to achieving ADA compliance. Chapters 3 and 4 of the Tool Kit, released today, address the ADA requirement of ensuring effective communications for people with disabilities. “People who are deaf or hard of hearing, those who are blind or have low vision, and individuals with other types of disabilities are entitled to equal access to state and local government programs, services and activities,” added Assistant Attorney General Kim. “These new chapters of the Tool Kit contain practical guidance, including checklists and action steps, that state, county and city officials can use to identify and resolve ADA compliance issues in government agencies and programs across the country, including public hospitals, courts, law enforcement agencies, 9-1-1 emergency communication systems, and recreation programs.” During the past six years, through its Project Civic Access initiative, the Civil Rights Division has worked cooperatively with city and county officials to improve access for more than 2 million people with disabilities. The Department has reached 152 agreements that improve access for people with disabilities to city and county office buildings, courts, polling places, emergency shelters, museums, parks, law enforcement and corrections facilities, and websites. |
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Supreme Court hears arguments in deadly force
Legal Career News |
2007/02/26 19:03
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The US Supreme Court heard oral arguments Monday in Scott v. Harris, 05-1631, where the court must decide whether a police officer violated a fleeing suspect's constitutional rights by using deadly force when he bumped his police car into the suspect's car to end a high speed chase. Victor Harris was pursued by Coweta County, Georgia police when he refused to pull over while speeding. Video taken from the dashboard of the police car showed the ensuing collision, which resulted in Harris' paralysis and eventual suit against former sheriff's deputy Timothy Smith for violation of the Fourth Amendment. The US Eleventh Circuit Court of Appeals held that Scott's qualified immunity claim under the Fourth Amendment was an insufficient defense because he acted unreasonably. The accident video was not played in court, but at least half of the bench appeared to have seen the footage; Justices Breyer and Kennedy each implied the video evidenced that contrary to the appeals court holding Harris was driving erratically. The Court is expected to rule by July. |
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N.Y. home court in arena suit - judge
Legal Career News |
2007/02/24 09:26
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A lawsuit against the controversial Atlantic Yards basketball arena should be bounced out of federal court, a judge ruled yesterday. The suit challenging the use of eminent domain to make way for Forest City Ratner's $4.2 billion development in Brooklyn should be heard in a state court, Magistrate Robert Levy decided. "This action represents important public policy concerns and is essentially local in nature," Levy wrote. "The state's interest in adjudicating this case in its own forum outweighs the federal interest in retaining jurisdiction." The plaintiffs' lawyers now have two weeks to file objections to keep the case in federal court. The case was brought by 13 property owners facing eviction. "We're disappointed found a basis to recommend dismissal," said Candace Carponter, a member of the opposition group Develop Don't Destroy Brooklyn. The project calls for an arena for the NBA's Nets and 16 towers with residential and commercial space. Construction began Tuesday. While opponents fear the project will create a traffic nightmare and ruin the neighborhood's character, supporters say the project will be a boon for Brooklyn and the city. |
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