LGBT issues

  • April 28, 2014

    Leading gay rights groups are directing their efforts to promoting civil rights for gays and lesbians throughout the south. The “new strategy reflects the growing worry within the movement that recent legal and political successes have formed two quickly diverging worlds for lesbian, gay, bisexual or transgender Americans: one centered on the coasts and major cities, and another stretching across the South.” Nicholas Confessore and Jeremy W. Peters at The New York Times have the story.
     
    Writing for The Atlantic, Andrew Cohen discusses Louisiana’s “broken justice system” and why, “by allowing non-unanimous verdicts in murder trials, the state makes it possible for prosecutors to accept minority jurors—and then discount their views.”
     
    Tomorrow, the Supreme Court will hear oral argument in two cases which raise the question of  whether or not police can search through confiscated cellphones of arrestees without a warrant.  Lyle Denniston at SCOTUSblog previews Riley v. California and United States v. Wurie.
     
    At ISCOTUSnow, Christopher Schmidt discusses Justice Sotomayor’s dissent in Schuette v. Coalition to Defend Affirmative Action, and why the Justice’s “portrayal of oral dissenting as ‘entertainment for the press’ is not only refreshingly candid, it also happens to be a remarkably accurate.”
     
    Debbie Elliott at NPR discusses one Mississippi abortion clinic’s fight to stay open. 

     

  • April 21, 2014

    Alabama’s criminal sentencing laws have faced criticism for their ineffectiveness which “leads to overcrowded, dangerous prisons that breed more crime.” Writing for AL.com retired Alabama Supreme Court Chief Justice, Sue Bell Cobb describes what the state legislature must do to “remedy this deplorable situation.”  
     
    At The Huffington PostGeoffrey R. Stone, former ACS Board Chair and current Co-Chair of the Board of Advisors for the ACS Chicago Lawyer Chapter as well as Co-Faculty Advisor for the University of Chicago Law School ACS Student Chapter, explains why his former conservative constitutional mentor Philip Kurland “would be appalled by the conduct of the current Court.”
     
    Gerard Magliocca at Concurring Opinions examines the purpose of “describing the first ten amendments as the Bill of Rights.”
     
    The NAACP Legal Defense and Educational Fund has filed a “friend-of-the-court brief in Bostic v. Schaefer” a case which “seeks to overturn Virginia’s same-sex marriage ban.” 
  • April 17, 2014

    by ACS Staff

    New laws throughout the country are restricting access to abortion clinics. In 2013, “22 US states adopted 70 different restrictions on abortion, including late-abortion bans, doctor and clinic regulations, limits on medication abortions, and bans on insurance coverage.” Writing for The Guardian, Erika L. Sánchez explains why those who can’t reverse Roe v.  Wade are “focusing on generating enough red tape to shut down as many abortion facilities as possible.”
     
    The U.S. Court of Appeals for the Tenth Circuit is preparing for oral argument in a case challenging Oklahoma’s same-sex marriage ban. Similar to Utah’s controversial law at issue in Kitchen v. Herbert, Oklahoma’s law “prohibits gay couples from marrying and prevents the state government from recognizing such unions performed anywhere else.”  Emma Margolin at MSNBC breaks down Bishop v. Oklahoma.  

    Writing for The New York Times, ACS Board Member Linda Greenhouse breaks down McCutcheon v. Federal Election Commission and its “indecent burial” of campaign finance.

    Tonight on C-SPAN, Supreme Court Justices Ruth Bader Ginsburg and Antonin Scalia will discuss the First Amendment and “the contemporary meaning of freedom.”  

     

  • April 16, 2014
     
    On Tuesday, the New York Police Department 
    announced that it would shut down a special unit that spied on Muslim groups. Known as the “Demographics Unit,” the squad allegedly “mapped communities inside and outside the city, logging where customers in traditional Islamic clothes ate meals and documenting their lunch-counter conversations.” Matt Apuzzo and Joseph Goldstein at The New York Times report on the controversy surrounding the NYPD. 
     
    India’s Supreme Court recently recognized transgender rights. In National Legal Services v. Union of India, the court recognized the pain and struggle felt by the transgender community while stressing the historical importance of the group within India’s diverse culture. Faculty Advisor for the City University of New York School of Law ACS Student Chapter Ruthann Robson writes at Constitutional Law Prof Blog that the court’s decision “not only requires the government to recognize a ‘third gender’… but also directs the government to take positive steps in education, health provisions, and ‘seriously address’ various problems.”
     
    Last week, Utah defended its ban on same-sex marriage before the U.S. Court of Appeals for the Tenth Circuit in Kitchen v. Herbert. During the hearings, state officials were “surprisingly straightforward in explaining that its marriage law is based directly upon its citizens’ religious values.” At Hamilton and Griffin on Rights Leslie C. Griffin, Co-Faculty Advisor for the University of Nevada, Las Vegas, William S. Boyd School of Law ACS Student Chapter, argues against religious-based law and why, when it comes to the same-sex marriage debate, “Utah has it backwards.”
     
    Juan Haines at The Life of the Law  describes District Attorney of Santa Clara County Jeff Rosen’s visit to a San Quentin jail where he spoke with inmates about “crime, punishment, rehabilitation, and reentry.” 

     

  • April 14, 2014

     
    The Justice Department has accused the Albuquerque Police Department of “a pattern or practice of use of excessive force that routinely violated people’s constitutional rights.” Fernanda Santos at The New York Times reports on the 16-month investigation which found that “too often, the officers kicked, punched and violently restrained nonthreatening people … many of whom suffered from mental illnesses,” while other victims “were disabled, elderly or drunk.”
     
    Last week, the U.S. Court of Appeals for the Tenth Circuit heard oral arguments in Kitchen v. Herbert, a case challenging Utah’s ban on same-sex marriage. State officials filed an appeal after the U.S. District Court for the District of Utah held the ban to be unconstitutional last December. Writing for Jost on Justice, Kenneth Jost comments on the legal and “unmistakably personal” implications of the case.
     
    The Federal Trade Commission won an important victory in a case that challenged its authority to “regulate data security under the FTC Act.” Daniel Solove at Concurring Opinions breaks down Federal Trade Commission v. Wyndham Worldwide Corporation, et al.
     
    In a study conducted by the Center for American Progress, Jenny DeMonte and Robert Hanna reveal that in some areas, impoverished students are “less likely to receive highly effective teaching.” In their report, DeMonte and Hanna provide ways to combat this troubling inequality.  
     
    In an excerpt from Six Amendments: How and Why We Should Change the Constitution highlighted in The Washington Post, former Supreme Court Justice John Paul Stevens discusses the recent shooting massacres, the influence of the National Rifle Association and “the five extra words that can fix the Second Amendment.”