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Top German court strengthens intersex identity rights
Attorney Blog News |
2017/11/06 13:39
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Germany’s highest court has decided that people must be allowed to be entered in official records as neither male nor female, saying in a ruling published Wednesday that authorities should create a third identity or scrap gender entries altogether.
The Federal Constitutional Court ruled on a case in which a plaintiff, identified by advocacy group Dritte Option only as Vanja, born in 1989, sought to have their entry in the birth register changed from “female” to “inter/diverse” or “diverse.”
Officials rejected the application on the grounds that the law only allows for children to be registered as male or female, or for the gender to be left blank.
The plaintiff argued that that was a violation of their personal rights. In a three-year legal battle, Vanja provided courts with a genetic analysis showing the plaintiff has one X chromosome but no second sex chromosome. Women have two X chromosomes, while men have one X and one Y chromosome.
The supreme court found that the law protects sexual identity, which has a “key position” in how individuals perceive themselves and are perceived by others. It said that “the sexual identity of those people who can be assigned neither to the male nor the female sex is also protected,” and said the constitution also protects them against discrimination because of their gender. The government has until the end of 2018 to draw up new rules.
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Inmate asks Arkansas high court to halt upcoming execution
Legal Blog News |
2017/11/06 13:38
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An Arkansas inmate scheduled to receive a lethal injection this week asked the state's highest court Monday to halt his execution amid his attorneys' claims that he doesn't understand why he is to be put to death.
Attorneys for Jack Greene asked the state Supreme Court to issue an emergency stay of execution. Greene is scheduled to be executed Thursday night for the 1991 death of Sidney Burnett, who was beaten with a can of hominy, stabbed and later shot.
Greene's attorneys asked for the stay while they appeal a lower court's dismissal of their lawsuit challenging an Arkansas law giving the state's top prison official the authority to determine whether Greene is competent to be executed. Greene's attorneys say he suffers from psychotic delusions, and say the inmate believes the attorneys and prison officials have conspired to torture him.
The judge who dismissed the suit said the law had already been upheld as constitutional and that she didn't have the authority to stay the execution.
The filing cited the court's decision to halt the execution of another inmate, Bruce Ward, in April over similar claims about his mental competency.
"The court should not allow the state to avoid the substantial questions presented here by executing Greene before the court can address them — as it has already committed itself to do in another case," Greene's attorneys said in Monday's filing.
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Telescope permit decision appealed to Hawaii Supreme Court
Top Court Watch |
2017/11/04 13:38
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Opponents of a giant telescope planned for a Hawaii mountain are appealing the state land board's approval of the project's construction permit.
Richard Wurdeman, an attorney representing some of the opponents, filed a notice of appeal with the state Supreme Court on Monday.
The board in September approved a construction permit for Thirty Meter Telescope. Opponents of the $1.4 billion project say it will desecrate land sacred to Native Hawaiians while supporters say it will provide educational and economic opportunities.
The opponents appealed directly to the state Supreme Court because of a law that allows certain contested-case hearing decisions to bypass the Intermediate Court of Appeals.
Kealoha Pisciotta, one of the leaders fighting the telescope, says other participants opposing the project are expected to also file appeals this week. |
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US court bars Trump from reversing transgender troops policy
Legal Blog News |
2017/11/02 13:37
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A federal judge on Monday barred President Donald Trump's administration from proceeding with plans to exclude transgender people from military service.
U.S. District Judge Colleen Kollar-Kotelly ruled that the transgender service members who had sued over Trump's policy were likely to win their lawsuit. She directed a return to the situation that existed before Trump announced his new policy this summer, saying the administration had provided no solid evidence for why a ban should be implemented.
Trump had ordered a reinstatement of the longstanding policy that barred transgender individuals from joining the military; service members who were revealed to be transgender were subject to discharge. Under President Barack Obama, that policy was changed last year to allow transgender people to serve openly.
The Trump administration may appeal Kollar-Kotelly's decision, but for now, the proposed ban remains unenforceable under Kollar-Kotelly's preliminary injunction.
"We disagree with the court's ruling and are currently evaluating the next steps," said Justice Department spokesman Lauren Ehrsam.
She reiterated the department's view that the lawsuit was premature because the Pentagon was still in the process of reviewing how the transgender policy might evolve.
One of the attorneys handling the lawsuit, Shannon Minter of the National Center for Lesbian Rights, said the ruling was an enormous relief to his clients.
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Michigan health chief back in court in Legionnaires' case
Top Court Watch |
2017/11/01 13:38
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Testimony is resuming in a criminal case against Michigan's health director, who is accused of keeping the public in the dark about Legionnaires' disease during the Flint water disaster.
Nick Lyon is charged with involuntary manslaughter and misconduct in office. A judge must decide whether there is enough evidence to send him to trial. The case picks up again Wednesday.
Judge David Goggins hasn't heard testimony since Oct. 6. That's when urban affairs adviser Harvey Hollins said he told Gov. Rick Snyder about a Legionnaires' outbreak a few weeks before the governor made it public in January 2016.
Hollins' testimony contradicts what Snyder has said publicly. Nonetheless, the governor is sticking to his timeline.
Lawyers for Lyons say it's all irrelevant in the case against him.
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