LGBT issues

  • April 29, 2015

    by Caroline Cox

    Mark Walsh of SCOTUSblog provides a view of the oral arguments for the consolidated same-sex marriage cases. Among the commentary on the arguments comes are Jess Bravin and Brent Kendall in The Wall Street Journal, Adam Liptak in The New York Times, and Robert Barnes and Fred Barbash in The Washington Post.

    Elias Isquith argues at Salon that the Baltimore riots should help Attorney General Loretta Lynch as she shapes her agenda.

    Also at Salon, Jay Driskell discusses how the influence of respectability politics means that the important questions and lessons of the Baltimore riots are being ignored.

    Peter Baker of The New York Times reports that 2016 presidential candidates have all declared their interest in reforming the criminal justice system and tackling mass incarceration.

    The Brennan Center for Justice publicizes a new book on mass incarceration from American political leaders on both sides of the political spectrum.

  • April 28, 2015
    Guest Post

    by Amy Bergquist, staff attorney, The Advocates for Human Rights. Follow her on Twitter at @alb68.

    *This post is part of ACSblog’s symposium on the consolidated marriage equality cases before the Supreme Court.

    A decision by the U.S. Supreme Court recognizing a right to marriage equality would make headlines around the world, but the implications for the rights of people who are gay, lesbian, bisexual, transgender or intersex (LGBTI) in other countries may be complex.

    The Advocates for Human Rights collaborates with partner organizations advocating for LGBTI rights in African countries like Cameroon and Tanzania, where the governments not only criminalize consensual sexual conduct between people of the same sex, but also condone or even participate in discrimination and violence targeting LGBTI people.  We know from our partners that government officials, religious leaders, celebrities and the media fuel anti-LGBTI animus by arguing that, in African culture, “homosexuality . . . is considered universally as a manifestation of moral decadence that should be fought.”
     
    Many countries have laws on the books prohibiting sexual conduct between people of the same sex, but Cameroonian authorities aggressively enforce their country’s law; courts convict people simply for acting or dressing in a gender-non-conforming manner.  Vigilante groups in Cameroon organize patrols to round up suspected violators and hand them over to the police.  Violence and discrimination targeting LGBTI people are widespread.

    The complexity of advocacy for LGBTI rights in the international context arises out of the false characterization, in some parts of the world, of LGBTI rights as a “western invention.”  In collaboration with our partners in Cameroon, we submitted a report to Africa’s leading human rights body, the African Commission on Human and Peoples’ Rights, debunking this myth.  In Cameroon, as in many other African countries, criminalization of consensual same-sex sexual conduct is a legacy of the colonial era.  In our report, we quote Dr. Sylvia Tamale, law professor and former dean of the law faculty of Makere University in Kampala, who explains: “There is a long history of diverse African peoples engaging in same-sex relations. . . . Ironically, it is the dominant Judeo-Christian and Arabic religions that most African anti-homosexuality proponents rely on, that are foreign imports.”  Indeed, as I’ve argued at The Advocates Post, anti-gay extremists from the United States and Europe attempt to export their animus to Africa and the former Soviet Union.

  • April 28, 2015
    Guest Post

    by Samuel A. Marcosson, Professor of Law, University of Louisville Louis D. Brandeis School of Law

    *This post is part of ACSblog’s symposium on the consolidated marriage equality cases before the Supreme Court.

    The Supreme Court’s forthcoming decision in Obergefell v. Hodges brings the issue of marriage equality once again to a place of prominence in the national conversation.  Unsurprisingly, the intensity of opposition from those with religious convictions against “changing” the definition of marriage to include gay and lesbian couples has only grown, fueled by the prospect that the Court may extend its decision in United States v. Windsor and hold that the Constitution requires all 50 states to treat same-sex couples equally.

    The gathering storm is easy to see.  A federal court ruling striking down Alabama’s ban on marriage recognition was met with a furious, theologically-driven backlash led by state supreme court Chief Justice Roy Moore, who explained his opposition to marriage equality by saying, “It takes away the very definition ordained of God.  A different definition destroys the definition of marriage.”  On the legislative front, Indiana passed a “Religious Freedom Restoration Act” (RFRA) at the urging of anti-gay religious activists, carving out protection for those with religious objections aghast at even the potential they might be compelled by anti-discrimination laws to participate in marriage ceremonies.  Assuming that the pure rejectionist camp is unsuccessful in trying to engage in 1950s-style “massive resistance” to a pro-equality ruling in Obergefell, the real issue comes down to what, if any, sort of religious exemptions should be considered for those who do not wish to participate in the weddings of same-sex couples.

  • April 28, 2015

    by Caroline Cox

    Today, the Supreme Court hears oral arguments in the same-sex marriage cases. In The New York Times, Joseph Landau explains why Chief Justice John Roberts may support same-sex marriage and argues that it “would actually be the more prudent and moderate path.”

    David G. Savage discusses in the Los Angeles Times how Justice Anthony Kennedy is “poised to be the crucial vote in deciding whether gay marriage will be a constitutional right nationwide.”

    At Bloomberg View, Noah Feldman argues that while Justice Kennedy may not clearly show his hand today, the Supreme Court will rule in favor of same-sex marriage.

    Richard Wolf of USA Today profiles Mary Bonauto, a key player in the legal fight for marriage equality and the lawyer who will argue for same-sex marriage before the Supreme Court.

    David A. Gans writes at the Constitutional Accountability Center’s Text & History Blog that a new bill in Congress seeks to strip federal courts of the ability to hear any cases pertaining to marriage, which would challenge “key aspects of our constitutional structure.”

  • April 27, 2015
    Guest Post

    by Eric J. Segall, Kathy and Lawrence Ashe Professor of Law, Georgia State University College of Law. Follow Professor Segall on Twitter @espinsegall.

    *This post is part of ACSblog’s symposium on the consolidated marriage equality cases before the Supreme Court.

    On April 28, the Supreme Court will hear arguments challenging the same-sex marriage bans currently in place in Kentucky, Ohio, Tennessee and Michigan.  Here are my predictions for both the argument and the ultimate decision (in ascending order of certainty).

    1.      After the questioning stops and Chief Justice Roberts officially closes the oral argument with his consistent mantra, “The case is submitted,” no human being will ever be able to see any video recording (or photograph) of this historic day at the Court.  Sadly, this is a fact, not a prediction.

    2.      During the argument, Justice Thomas will 1) not utter a syllable; 2) look uncomfortable for most of the argument; and 3) eventually write a dissent saying he would of course not vote for the bans on same-sex marriage if he were a legislator but nothing in the Constitution prevents states from adopting them.  This could be avoided if Justice Thomas would just re-read the Equal Protection Clause (no “person” shall be denied the “equal protection of the laws”).

    3.      Justice Kennedy will try to out gun Judge Posner’s shredding of lawyers who tried to defend the same-sex marriage bans on the basis that they somehow further the states’ interests in the welfare of children and the family.  Kennedy will come close to matching Posner’s witty ire but he won’t succeed.

    4.      Justice Kennedy will eventually write a decision striking down the same-sex marriage bans on the basis that there are no rational reasons for the bans other than unconstitutional dislike of gays and lesbians.  His decision will not be as entertaining or persuasive as Posner’s, but it will count a whole lot more.

    5.      No Justice will ask about the perplexing amicus brief filed by “same-sex attracted” men (and their wives) arguing that overturning same-sex marriage bans would be an affront to their “dignity.”  Please don’t ask me to explain this brief.