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Ohio court: Wording of pot legalization ballot is misleading
Top Court Watch |
2015/09/14 15:26
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Ohio's Supreme Court ruled Wednesday that part of the ballot wording describing a proposal to legalize marijuana in the state is misleading and ordered a state board to rewrite it.
Supporters of the measure, known in the fall election as Issue 3, challenged the phrasing of the ballot language and title, arguing certain descriptions were inaccurate and intentionally misleading to voters. Attorneys for the state's elections chief, a vocal opponent of the proposal, had said the nearly 500-word ballot language was fair.
In a split decision, the high court sided with the pot supporters in singling out four paragraphs of the ballot language it said "inaccurately states pertinent information and omits essential information."
The court ordered the state's Ballot Board to reconvene to replace those paragraphs about where and how retail stores can open, the amount of marijuana a person can grow and transport and the potential for additional growing facilities.
"The cumulative effect of these defects in the ballot language is fatal because the ballot language fails to properly identify the substance of the amendment, a failure that misleads voters," the court said.
The court allowed the ballot issue's title, "Grants a monopoly for the commercial production and sale of marijuana for recreational and medicinal purposes," to stand in a blow to the backers who had taken issue with the use of the word "monopoly."
Passage of Issue 3 would make Ohio a rare state to go from outlawing marijuana to allowing it for all uses in one vote.
The full text of the proposed constitutional amendment has nearly 6,600 words. It would allow anyone 21 and older to buy marijuana for medicinal or personal use and grow four plants. It creates a network of 10 authorized growing locations, some that already have attracted a celebrity-studded list of private investors, and lays out a regulatory and taxation scheme.
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German court rules against Lufthansa pilot strike
Top Court Watch |
2015/09/08 22:56
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A German court issued an injunction Wednesday ordering a halt to a strike by pilots at Lufthansa, Germany’s biggest airline, that caused the cancelation of 1,000 flights.
Lufthansa welcomed the ruling by the state labor court in Frankfurt but said that a special, reduced timetable it had drawn up for the day would remain in place. It said that largely normal services would be resumed on Thursday.
The pilots’ union, Vereinigung Cockpit, has been calling regular short-term strikes in the long-running labor dispute, which comes as Lufthansa restructures to meet increasing competition from Gulf airlines. The pilots want the airline to keep making transition payments for those seeking early retirement.
The court found that the union’s aims went beyond that demand, to exerting more influence on Lufthansa’s new low-cost operation, making the strike illegal, news agency dpa reported.
Vereinigung Cockpit began its strike on long-haul flights Tuesday, forcing the cancellation of 90 flights, and extended the walk-out to medium-and short-haul flights Wednesday.
Union spokesman Markus Wahl told n-tv television after the ruling that it had told pilots to be available for work immediately. Wednesday’s ruling overturned one by a lower court on Tuesday that went in the union’s favor.
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Kentucky court session planned in former women's coach case
Top Court Watch |
2015/09/07 22:56
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A pretrial conference is planned in the case of a former college women's basketball coach accused of groping a player.
The session has been scheduled for Tuesday morning in a Kenton County court for Bryce McKey. McKey's attorney has entered a not-guilty plea for him on a charge of third-degree sexual abuse, a misdemeanor.
Hours after his arraignment Aug. 14, the University of Maryland announced that he had resigned as an assistant women's basketball coach.
According to a sworn affidavit, a player McKey coached as an assistant at Xavier said McKey asked her to come to his home in Covington, Kentucky, in May. She said during the evening, he repeatedly touched her inappropriately.
McKey has been ordered to stay away from her, and from Xavier's campus and events.
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Court: Transgender asylum seekers can't be equated with gays
Top Court Watch |
2015/09/04 00:18
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Transgender people can be especially vulnerable to harassment and attacks and shouldn't be equated with gays and lesbians by U.S. immigration officials determining whether to grant asylum, a federal appeals court said Thursday.
The San Francisco-based 9th U.S. Circuit Court of Appeals issued the ruling in the case of a transgender Mexican woman who sought shelter in the U.S. on the grounds that she would likely be tortured if returned to Mexico.
Edin Avendano-Hernandez said she had been sexually assaulted by uniformed Mexican police and a military official for being transgender.
The Board of Immigration Appeals wrongly relied on Mexican laws protecting gays and lesbians to reject Avendano-Hernandez's asylum request, the ruling states.
The 9th Circuit said transgender people face a unique level of danger and are specifically targeted in Mexico by police for extortion and sexual favors.
"While the relationship between gender identity and sexual orientation is complex, and sometimes overlapping, the two identities are distinct," Circuit Judge Jacqueline Nguyen wrote. "Significant evidence suggests that transgender persons are often especially visible, and vulnerable, to harassment and persecution due to their often public nonconformance with normative gender roles."
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Clerk in gay marriage case to appear in federal court
Top Court Watch |
2015/09/03 00:18
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A county clerk in Kentucky who has repeatedly defied court orders by refusing to issue marriage licenses will appear before a federal judge who could hold her in contempt of court.
Rowan County clerk Kim Davis has been summoned to the hearing at 11 a.m. Thursday before U.S. District Judge David Bunning. He's also ordered all Davis' deputy clerks to appear. Bunning could hold Davis in contempt, which can carry hefty fines or jail time.
Davis stopped issuing licenses to all couples in June after the U.S. Supreme Court legalized gay marriage. Despite rulings against her, she's turned away couples again and again, citing her Christian beliefs and "God's authority."
The couples who originally sued in the case have asked Bunning to punish Davis with fines but not jail time.
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