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Utah's same-sex marriage ban back in court
Top Court Watch |
2013/12/23 13:10
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A federal judge on Monday is set to consider a request from the state of Utah to block gay weddings that have been taking place since Friday when the state's same-sex marriage ban was overturned.
U.S. District Judge Robert J. Shelby ruled Utah's law passed violates gay and lesbian couples' rights under the 14th Amendment.
Lawyers for the state want the ruling put on hold as they appeal the decision that has put Utah in the national spotlight because of its long-standing opposition to gay marriage. Shelby will hold a hearing on the request Monday morning.
On Sunday, a federal appeals court rejected the state's emergency request stay the ruling, saying they couldn't rule on a stay since Shelby hasn't acted on the motion before him.
Following Shelby's surprising ruling Friday afternoon, gay and lesbian couples rushed to a county clerk's office in Salt Lake City to get marriage licenses. More than 100 couples wed as others cheered them on in what became an impromptu celebration an office building about three miles from the headquarters of the Mormon church. |
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Appeals court vacates ban on US horse slaughter
Top Court Watch |
2013/12/16 11:23
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A federal appeals court on Friday removed a temporary ban on domestic horse slaughter, clearing the way for companies in New Mexico, Missouri and Iowa to open while an appeal of a lawsuit by animal protection groups proceeds.
The 10th U.S. Circuit Court of Appeals in Denver lifted the emergency injunction it issued in November after The Humane Society of the United States and others appealed the ruling of a federal judge in Albuquerque. The judge said the U.S. Department of Agriculture followed proper procedure in issuing permits to Valley Meat Co. in Roswell, N.M., Rains Natural Meats of Gallatin, Mo., and Responsible Transportation in Sigourney, Iowa.
The appeals court's order Friday said the groups had "failed to meet their burden for an injunction pending appeal."
Blair Dunn, an attorney for Valley Meat and Rains Natural Meats, said the order lifts the emergency status of the case, meaning it will likely be months before a final decision is issued.
Dunn said the plants are ready to open, although they could agree to remain shuttered if the plaintiffs agree to post a sufficient bond to cover the companies' losses should they ultimately prevail. |
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Court hears discrimination case over wedding cake
Top Court Watch |
2013/12/05 14:42
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A Colorado baker who refused to make a wedding cake for a same-sex ceremony should not be forced to violate his religious beliefs, his attorney told a judge deciding whether the cake-maker should be made to accommodate gay couples. But an attorney representing a gay couple countered Wednesday that the baker's faith doesn't give him a right to discriminate.
At issue in the complaint from David Mullins and Charlie Craig against Masterpiece Cakeshop in suburban Denver is whether religious freedom can protect a business from discrimination allegations from gay couples.
Mullins and Craig wanted to buy a cake last year, but when one of the shop owners, Jack Phillips, found out the cake was to celebrate a gay wedding, he turned the couple of away and cited his religious faith.
"(His) faith, whatever it may have to say about marriage for same-sex couples or the expressive power of a wedding cake, does not give the respondents a license to discriminate," Amanda Goad, an attorney with the American Civil Liberties Union, told an administrative judge in Colorado's Civil Rights Commission.
Phillips' attorney, Nicolle Martin, said her client shouldn't be forced to ignore his Christian faith while running the business he's had for nearly 40 years. She said Phillips feels "privileged to design and create the cakes that celebrate the joyous events of people's lives." |
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Colombia court nixes military justice overhaul
Top Court Watch |
2013/10/25 15:51
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In a stiff blow to the government, Colombia's highest court for constitutional questions on Wednesday struck down an expansion of the military justice system that human rights activists had said would lead to greater impunity for war criminals.
In a 5-4 decision not subject to appeal, the Constitutional Court nullified a constitutional amendment and pursuant statute that would have placed under the jurisdiction of an expanded military justice system all but seven types of violations of international humanitarian law involving armed forces personnel.
Currently, all human rights cases are supposed to be tried in civil court.
Magistrate Jorge Ivan Palacio read a statement saying the court found "procedural defects" in the change's journey through Congress, accepting the arguments of opposition lawmakers and a top human rights lawyer. The decision was not released.
Defense Minister Juan Carlos Pinzon called the ruling "a blow to the morale of the military forces that without doubt will affect Colombians' security." He said the government would consider submitting a revised military court overhaul, but gave no details.
President Juan Manuel Santos was seen as having pushed the change through Congress to win the backing of military leaders for peace talks that began last year with the country's main rebel group in Cuba.
Santos repeatedly insisted the legal change would not lead to impunity in war crimes, but such arguments did not persuade members of the U.S. Congress, which withheld at least $10 million in military aid in objection to the measure. |
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NY court upholds conviction of California financer
Top Court Watch |
2013/10/23 11:55
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A New York appeals court has upheld the conviction of a California finance researcher who used code words like "recipes," "cooks" and "sugar" to disguise an insider trading scheme.
The 2nd U.S. Circuit Court of Appeals in Manhattan on Wednesday rejected various arguments made by Winifred Jiau.
She was convicted in June 2011 of wire fraud and conspiracy to commit securities fraud.
The Fremont, Calif., resident is serving a four-year prison sentence. She is scheduled to be released in June.
The appeals court rejected her request for a new trial. She had argued that the government was wrong to use as evidence recordings that were made because a worker could not hear well. |
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