LGBT issues

  • April 29, 2015
    Guest Post

    by Suzanne B. Goldberg, Executive Vice President for University Life, Herbert and Doris Wechsler Clinical Professor of Law, and Director of the Center for Gender and Sexuality Law, Columbia Law School

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

    It was cold but clear yesterday morning just after dawn outside the Supreme Court.  If you have seen any of the photos circulating in social media, you can feel the optimistic mood of nearly everyone there – from the cheery, dark-suited lawyers on the Supreme Court bar line to those on the line designated for the general public, some of whom had traveled across the country and slept out for several nights, with rainbow flags aloft, waiting for this morning to arrive.

    Both lines wound from in front of the sunrise-reflected courthouse to a point well around the corner, hundreds of people in all.  Also in the mix were loads of media – more than at any previous gay rights argument that I can remember, with reporters standing tall so they could be filmed with the Court as backdrop as they explained to the nation what is at issue in the marriage cases about to be argued.

    It was hugs aplenty among old friends who have worked together for so many years on LGBT rights cases.  If totaled, the collective experience of movement lawyers, academics and law firm cooperating attorneys might have included as many years as the millennia some of the justices later invoked inside the courtroom when they talked about the lengthy history of “traditional” marriage.

  • 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.”