Out in America Features» supreme court

Court orders Prop. 8 trial videos to remain sealed

OIA Staff — Fri, 03 Feb 2012 17:54:55 +0000

A federal appeals court barred public release Thursday of videos of the trial over California’s ban on same-sex marriage, saying the trial judge, at the insistence of the U.S. Supreme Court, had promised that the recordings would not be broadcast. The Ninth U.S. Circuit Court of Appeals in San Francisco did not say how or [...]

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Proposition 8 Backers Have Standing to Defend It, Court Rules

OIA Staff — Thu, 17 Nov 2011 23:36:12 +0000

This morning, the CA Supreme Court ruled that the proponents of Prop 8 do have standing under state law to appeal the decision in Perry v. Brown: …In response to the question submitted by the Ninth Circuit, we conclude, for the reasons discussed above, that when the public officials who ordinarily defend a challenged state law [...]

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Prop. 8 Donors Have No Right to Anonymity

OIA Staff — Thu, 10 Nov 2011 19:10:06 +0000

A federal judge says donors to the $40 million campaign that banned same-sex marriage in California aren’t entitled to the anonymity that the U.S. Supreme Court has granted to minor parties operating in a hostile climate. via. Read the full article @ Prop. 8 Donors Have No Right to Anonymity Read more articles @ our [...]

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Calif. Gay Marriage Ban Faces Pivotal Hearing

OIA Staff — Tue, 06 Sep 2011 15:07:58 +0000

California’s same-sex marriage ban faces its next legal test Tuesday when the state’s highest court attempts to shed light on whether the voter-approved measure’s backers have legal authority to appeal the federal ruling that overturned Proposition 8. The California Supreme Court is scheduled to hear an hour of arguments on that question, which could prove [...]

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Rick Perry Signs Pledge against Same-sex Marriage

OIA Staff — Tue, 30 Aug 2011 11:36:59 +0000

Rick Perry signed a pledge Friday to back a federal constitutional amendment against gay marriage. The move is a reversal from only a month ago when the Texas governor said he supported individual states’ rights and that he was fine with New York’s approval of same-sex marriage. The pledge by the National Organization for Marriage [...]

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Brazil Approves Civil Unions For Gay Couples

OIA Staff — Fri, 06 May 2011 17:35:21 +0000

In a unanimous decision reached by the 10 justices, Brazil’s Supreme Court found that, “Those who opt for a homosexual union cannot be treated less than equally as citizens,” Justice Camen Lucia was quoted by the AP. This means that couples in “stable” civil unions now share the same rights as married couples: including retirement benefits, [...]

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Supreme Court OK’s Westboro Protests

OIA Staff — Wed, 02 Mar 2011 17:01:50 +0000

The Supreme Court today ruled 8-1 to overturn a $5M judgment against Westboro Baptist Church, saying that the First Amendment protects their right to picket the funerals of military members. via. Read the full article @ Supreme Court OK’s Westboro Protests Read more articles @ our blogBecome a fan on FacebookFollow us on Twitter

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State Supreme Court Says Non-biological Parent in Same-sex Relationship Entitled to Visitation

OIA Staff — Fri, 18 Feb 2011 14:39:20 +0000

The Arkansas Supreme Court has upheld the award of visitation rights to a woman whose partner in a same-sex relationship gave birth to a child, a ruling the court says follows the law even though Arkansas has outlawed homosexual marriage. via. Read the full article @ State Supreme Court Says Non-biological Parent in Same-sex Relationship [...]

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Supreme Court Rejects Appeal by D.C. Marriage Equality Opponents

OIA Staff — Tue, 18 Jan 2011 17:45:52 +0000

An appeal to the U.S. Supreme Court by Bishop Harry Jackson and opponents of same-sex marriage in the District of Columbia has been rejected. Jackson had been seeking to put a proposal on the ballot to overturn the District’s marriage law that gives same-sex couple the same rights to marriage as their heterosexual counterparts. via. [...]

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Supreme Court expected to rule on Gay Marriage in D.C.

OIA Staff — Thu, 13 Jan 2011 14:10:48 +0000

The U.S. Supreme Court is expected to announce an opinion Tuesday on whether to allow voters to repeal the Washington D.C. equal marriage law. Jackson v. the D.C. Board of Elections and Ethics is scheduled to be discussed at a private conference among the Justices on Friday, according to the Washington Blade. via. Read the [...]

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Understanding the Ninth Circuit Ruling in Prop 8 Case Denying Intervention and Certifying Question to California Supreme Court

OIA Staff — Wed, 05 Jan 2011 14:49:25 +0000

Today, the Ninth Circuit Court of Appeals denied Imperial County’s attempt to intervene in the federal court challenge to Proposition 8, the 2008 ballot measure that stripped the freedom to marry from same-sex couples in California. The Ninth Circuit also asked the California Supreme Court to clarify whether the group that placed Prop 8 on [...]

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NC State Supreme Court Rules Against Gay Adoption

OIA Staff — Tue, 21 Dec 2010 18:53:13 +0000

In what may be a precedent setting move, North Carolina’s state Supreme Court has voided a second-parent adoption case in which an openly lesbian state legislator had adopted the biological son of her former partner. via. Read the full article @ NC State Supreme Court Rules Against Gay Adoption Read more articles @ our blogBecome [...]

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Justice Elena Kagan Recuses Herself from Scotus Appeal on DADT

OIA Staff — Tue, 16 Nov 2010 16:12:17 +0000

Supreme Court Justice, newly inducted, Elena Kagan recused herself from the future SCOTUS decision, indicating she won’t be a part of the nine-person bench when LCR’s lawsuit lands before the Supreme Court, in the case denying the Log Cabin Republicans’ request to knock down the Ninth Circuit’s stay, which kept DADT alive despite a federal [...]

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Supreme Court Won’t Stop DADT Enforcement

OIA Staff — Tue, 16 Nov 2010 16:09:43 +0000

It has just been reported that the U.S. Supreme Court will not halt the discharges of openly gay service members under “Don’t Ask, Don’t Tell”—meaning that the law will remain in effect while the government appeals Judge Virginia Phillips’ October ruling that it is unconstitutional. VIA. Read the full article @ Supreme Court Won’t Stop [...]

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Justice Department Asks Supreme Court Not To Intervene In DADT Case

OIA Staff — Thu, 11 Nov 2010 20:15:30 +0000

As news of the Pentagon’s Working Group report echoes around the world, the Obama administration has urged the Supreme Court of the United States to not get involved in the case centering around Don’t Ask, Don’t Tell. A federal appeals court will be considering the issue next year, but for now there is a stay [...]

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Log Cabin Republicans Asks Supreme Court To Toss Out 9th Circuit’s DADT Stay, Immediately Halt Discharges

OIA Staff — Mon, 08 Nov 2010 17:05:19 +0000

In an emergency request to reverse the Ninth Circuit Court of Appeals’ 2-1 decision to grant a stay, thus blocking Judge Virginia Phillips’ injunction of Don’t Ask Don’t Tell, the Log Cabin Republicans are asking the Supreme Court to toss out the stay and keep DADT from being enforced while the government appeals the decision. [...]

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Who Cares Who Wins The Elections – opinion

OIA Staff — Mon, 01 Nov 2010 15:41:09 +0000

Either way, we will not win on November 2nd. Sure, party hangers-on hoping for sweetheart contracts and other favors care, and are working overtime using the issues we care about, and fears about what “the other guy” might do to us, to try to make us care who wins as well. But these party operatives have horses [...]

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AFER files brief to 9th Circuit; Plaintiffs defend Judge Walker’s Prop 8 decision

OIA Staff — Tue, 19 Oct 2010 15:07:09 +0000

The American Foundation for Equal Rights filed its response brief to the U.S. 9th Circuit Court of Appeals just before the midnight deadline. The plaintiffs in the landmark Perry v. Schwarzenegger case that overturned Proposition 8 filed their brief with the 9th Circuit Court of Appeals today, reiterating the clear unconstitutionality of the initiative that [...]

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Florida Won’t Appeal Ruling That Found Gay Adoption Ban Unconstitutional

OIA Staff — Wed, 13 Oct 2010 15:38:15 +0000

The Florida Department of Children and Families (DCF) announced Tuesday evening that it would not appeal a court ruling that found the state’s gay adoption ban unconstitutional. Last month, a 3-judge appeals court unanimously upheld a lower court’s ruling that found the law to be unconstitutional and to have “no rational basis.” “We had weighed [...]

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All Aboard The Crazy Train – General Gayety

OIA Staff — Tue, 12 Oct 2010 16:00:11 +0000

Lately the crazy train has picked up speed. I don’t know if it’s the upcoming midterm elections or people are scared by gay court victories or what, but we’re in a period of nutty. Take David Barton. Please. An evangelical minister, teacher at (Glenn) Beck University and former vice chairman of the Texas Republican Party, [...]

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Sandra Day O’Connor speaks out against those seeking to alter the Iowa courts via election

OIA Staff — Thu, 09 Sep 2010 14:57:58 +0000

O’Connor, 80, voiced her opinions in favor of Iowa’s current merit-based judge selection system. Last month, Republican Bob Vander Plaats started a campaign to unseat three Iowa Supreme Court justices up for reelection. O’Connor only spoke for about 10 minutes, but she was emphatic in her belief that appointing judges on a merit-based system as [...]

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Colorado Gov. picks first Latina and out lesbian for Supreme Court

OIA Staff — Thu, 09 Sep 2010 14:03:23 +0000

Gov. Bill Ritter today appointed Monica Marie Marquez to the Colorado Supreme Court. She will become the first Latina and first out lesbian to serve on the state’s highest court when her appointment becomes effective on Nov. 30, 2010. VIA. Read the full article @ Colorado Gov. picks first Latina and out lesbian for Supreme Court [...]

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Mexican Cardinal Claims Proof Of Bribery In Same-Sex Marriage Ruling

OIA Staff — Thu, 19 Aug 2010 15:27:27 +0000

Apparently, the Roman Catholic Cardinal who alleged that the mayor of Mexico City bribed the Supreme Court of that nation has proof of the ill deeds, though he will not say what the proof is, where it came from, or allowed anyone to inspect it. Cardinal Juan Sandoval Iñiguez alleged that Mayor Marcelo Ebrard bribed [...]

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Domestic partnership petition case back in court

OIA Staff — Thu, 12 Aug 2010 14:15:27 +0000

A federal judge ruled Wednesday that signed petitions calling for a state vote on expanded domestic partnerships for gay couples are barred from public release while he hears arguments on whether to block them for good. The U.S. Supreme Court had ruled in June that release of the signatures does not violate constitutional rights, but [...]

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Mexican High Court: All Mexican States Must Recognize Gay Marriages

OIA Staff — Wed, 11 Aug 2010 14:06:16 +0000

By a 9-2 vote, the Supreme Court of Mexico has ruled the marriages of same-sex couples performed in Mexico City must be recognized by all Mexican states. The court had also ruled last week that the Mexico City’s law permitting marriage rights for same-sex couples is constitutional, rejecting an appeal by Mexican federal officials, arguing [...]

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Mexican Supreme Court Upholds Mexico City Same-Sex Marriage Law

OIA Staff — Fri, 06 Aug 2010 13:18:40 +0000

By an 8-2 vote, The Mexican Supreme Court has upheld the constitutionality of Mexico City’s law allowing same-sex marriages. The Mexican High court ruled that the law did not violate the constitution and said that nowhere does the Mexican Constitution define what a family is, thus was valid in allowing gay couples to possibly adopt [...]

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Senate to confirm Kagan for the Supreme Court

OIA Staff — Thu, 05 Aug 2010 15:03:40 +0000

Her confirmation assured, Elena Kagan is on the brink of becoming the fourth woman ever to serve as a Supreme Court justice. The Senate is set Thursday to confirm President Barack Obama’s nominee, whose addition to the court will mark the first time three female justices have served concurrently. VIA. Read the full article @ [...]

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N.J. Supreme Court declines to hear gay marriage case

OIA Staff — Tue, 27 Jul 2010 13:52:14 +0000

In a split decision, the N.J. State Supreme Court has declined to hear a case from six same-sex couples seeking the right to marry, saying the case needs to wind its way through the lower courts first. VIA Read the full article @ N.J. Supreme Court declines to hear gay marriage case Read more articles [...]

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Is The Obama Administration Going to Appeal the Federal Marriage Ban Ruling?

OIA Staff — Mon, 12 Jul 2010 14:55:13 +0000

President Obama has never been in favor of marriage equality, however, there are troublesome rumblings that he is going to go so far as to directly stand behind the Federal Defense of Marriage Act. A Boston Federal Judge declared DOMA unconstitutional. Massachusetts Attorney General Martha Coakley and the activist group, Gay and Lesbian Advocates and Defenders, who [...]

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Gay asylum seekers win appeal in UK

OIA Staff — Wed, 07 Jul 2010 15:32:35 +0000

Two gay men who said they faced persecution in their home countries have the right to asylum in the UK, the Supreme Court has ruled. The panel of judges said it had agreed “unanimously” to allow the appeals from the men, from Cameroon and Iran. They had earlier been refused asylum on the grounds they [...]

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Wisconsin Supreme Court upholds gay marriage ban

OIA Staff — Wed, 30 Jun 2010 16:07:28 +0000

The Wisconsin Supreme Court upheld the state’s constitutional ban on gay marriage and civil unions in a unanimous ruling Wednesday. The court’s 7-0 ruling concluded that the constitutional amendment was properly put to voters in a statewide referendum in 2006. Justices rejected a lawsuit that claimed the amendment violated a rule limiting constitutional amendments to a single [...]

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Wisconsin High Court To Decide Future Of Same-Sex Marriage Ban

OIA Staff — Tue, 29 Jun 2010 17:08:40 +0000

The Wisconsin Supreme Court is expected to decide tomorrow whether that state’s the 2006 constitutional amendment banning same-sex marriage and civil unions should be struck down. The Justices are scheduled to hear a suit brought by Dr. William McConkey, a professor at UW-Oshkosh, that says the bans on same-sex marriage and civil unions should have [...]

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Supreme Court rules religious group can’t bar gays

OIA Staff — Tue, 29 Jun 2010 16:10:38 +0000

The U.S. Supreme Court this morning said a Christian student group that sought both funding and recognition by the University of California’s Hastings College of Law cannot deny membership to gays and lesbians. Hastings’ policy forbids official recognition of student groups that discriminate on the basis of religious views or sexual orientation. But the Christian [...]

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Supreme Court on R-71: Names on anti-gay rights petition public

OIA Staff — Thu, 24 Jun 2010 16:09:54 +0000

The Supreme Court ruled Thursday that the names of people who signed petitions in an attempt to overturn a new gay rights law in Washington must be made public, a victory for state officials who said the case was a test of open government laws. Justices ruled 8-1 in a case called Doe V. Reed. [...]

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California gay marriage trial ends with a bang

OIA Staff — Thu, 17 Jun 2010 13:41:30 +0000

A six-month trial on whether to overturn a California ban on gay marriage ended dramatically on Wednesday when a lawyer defending the prohibition said he did not need evidence to prove the purpose of marriage. The case is likely headed for the U.S. Supreme Court no matter how District Court Chief Judge Vaughn Walker rules [...]

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White House already asked Elena Kagan those personal questions in 2008

OIA Staff — Fri, 14 May 2010 14:37:04 +0000

You think the first time the White House was going to ask Elena Kagan about her propensity for men or women was going to be her Supreme Court nomination? Nah. They were asking her these personal questions when she wanted the solicitor general job. [ via Queerty ] Read the full article @ White House [...]

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Elena Kagan’s friends: She’s not gay

OIA Staff — Wed, 12 May 2010 17:02:27 +0000

Elena Kagan is not a lesbian, one of her best friends told POLITICO Tuesday night, responding to persistent rumors and innuendo about the Supreme Court nominee’s personal life. “I’ve known her for most of her adult life and I know she’s straight,” said Sarah Walzer, Kagan’s roommate in law school and a close friend since [...]

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Obama nominates Kagan to Supreme Court

OIA Staff — Mon, 10 May 2010 18:15:40 +0000

President Obama nominated Solicitor General Elena Kagan to succeed retiring Justice John Paul Stevens on the U.S. Supreme Court. Obama evoked former Justice Thurgood Marshall’s, for whom Kagan clerked early in her career, when he described his nominee’s qualifications to sit on the court. “That understanding of law, not as an intellectual exercise or words [...]

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Obama’s Supreme Court Pick Monday

OIA Staff — Fri, 07 May 2010 16:19:58 +0000

Look for President Obama to name his Supreme Court pick Monday, and look for it to be Solicitor General Elena Kagan, a former Harvard Law dean. The pick isn’t official, but top White House aides will be shocked if it’s otherwise. Kagan’s relative youth (50) is a huge asset for the lifetime post. [ via [...]

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Court skeptical on keeping R-71 names private

OIA Staff — Thu, 29 Apr 2010 16:17:54 +0000

Supreme Court justices appeared skeptical Wednesday about keeping secret the names of people who signed a petition to repeal Washington state’s gay rights law, suggesting citizens cannot always hide behind anonymity if they want to be heard. Opponents of gay rights want the court to keep the names private to avoid intimidation by the other [...]

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Court hears dispute on “everything-but-marriage” petition signers’ names

OIA Staff — Wed, 28 Apr 2010 14:36:02 +0000

Gay rights opponents are asking the Supreme Court to protect the anonymity of the signers of a petition that sought a vote to overturn Washington state’s domestic partnership rights. The case being argued at the high court Wednesday weighs the right to political speech, unfettered by fear of intimidation, against transparency in government. [ via [...]

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Iowa Celebrates First Anniversary Of Gay Marriage Ruling

OIA Staff — Mon, 05 Apr 2010 17:14:29 +0000

Gay rights advocates in Iowa are counting down the minutes to Saturday. Some will gather Friday in Ames at the Unitarian Universalist church for a potluck dinner. Others will celebrate Saturday at a wine tasting hosted at the Cedar Rapids Gay and Lesbian Resource Center. Everyone is excited. Excited that despite numerous attacks from opponents, [...]

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Gay-marriage advocates in N.J. resume legal fight

OIA Staff — Fri, 19 Mar 2010 14:01:11 +0000

Advocates for gay and lesbian couples are headed back to New Jersey’s Supreme Court to resume their attempt to legalize same-sex marriage. Lambda Legal, a gay-rights legal group, filed a motion to the high court Thursday seeking a ruling that would let same-sex couples wed. The filing argues that the state has failed to comply [...]

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Conservatives, I’m begging you: Leave animals out of your gay marriage talking points

OIA Staff — Wed, 17 Mar 2010 15:00:34 +0000

Sure we love our pets, but do we really ‘love’ our pets? Those crazy conservatives are always looking for ridiculous ways to skew the public’s opinion on same-sex marriage. Over the weekend, former Rep. J.D. Hayworth, who’s running against John McCain in Arizona’s Republican Senate primary, resurrected a preposterous old saw. Lamenting the Massachusetts Supreme [...]

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Pennsylvania Senate Committee Takes Up Gay Marriage Ban Bill and Tables It

OIA Staff — Tue, 16 Mar 2010 15:53:08 +0000

A key Pennsylvania Senate committee will take up the issue of gay marriage today. UPDATE: The bill before the Pennsylvania Senate Judiciary Committee has stalled, the AP reports. Members of the Senate Judiciary Committee will consider Senator John H. Eichelberger, Jr’s joint resolution that aims to define marriage as a heterosexual union in the state constitution, [...]

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Supreme Court to hear Fred Phelps case

OIA Staff — Wed, 10 Mar 2010 19:17:55 +0000

The U.S. Supreme Court continues its unpredictable foray into LGBT-related legal conflicts — this week announcing that it will decide whether a protester has a First Amendment right to use a private funeral service as a staging ground for their hate speech against gays. [ via Bay Windows Photo: JC Wilmore ] Read the full [...]

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Supreme Court Refuses To Hear Challenge To DC Marriage Equality Law

OIA Staff — Wed, 03 Mar 2010 13:45:21 +0000

Chief Justice John Roberts signaled what may be a trend within the United States Supreme Court of not hearing cases revolving around marriage equality. In refusing to hear a case involving Washington DC’s marriage law, Roberts wrote for the majority “It has been the practice of the court to defer to the decisions of the [...]

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U.S. Supreme Court Rejects Challenge to Decision Protecting Children Born to Same-Sex Couples

OIA Staff — Tue, 23 Feb 2010 20:13:31 +0000

Today, the United States Supreme Court denied review in a custody dispute involving a non-biological lesbian mother whose former partner, the child’s biological mother, was seeking to strip her of any parental rights. “I am so grateful that my relationship with my six-year-old daughter is legally protected,” said Charisma. “I love my daughter dearly, and [...]

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Iowa Legislature Votes to Protect Equality

OIA Staff — Wed, 10 Feb 2010 13:46:00 +0000

The Iowa legislature acted yesterday to reject an effort to repeal the existing marriage equality law. Opponents of same-sex marriage have attempted to override the Supreme Court’s decision by amending the state constitution to make marriage between one man and one woman. Polls show the majority of Iowans consider the issue settled and do not [...]

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High court to weigh dispute over gay bias.

OIA Staff — Mon, 25 Jan 2010 19:13:32 +0000

The Supreme Court agreed Monday to decide whether a Christian student group’s right to religious liberty and the freedom of association can trump a university’s ban on discrimination against gays and lesbians. [ Topix ] Read the full article @ High court to weigh dispute over gay bias. Read more articles @ our blogBecome a fan [...]

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