Showing posts with label legal. Show all posts
Showing posts with label legal. Show all posts

Saturday, June 14, 2008

Close your windows and shut your curtains girls
You never know who is watching or recording


Rosanne Strott and Emily Niland, Massachusetts College of Art and Design students didn’t know they were allegedly being filmed by two male Wentworth Institute students while the young women were in bed together. The young women discovered the video in April, four months after the video had been in circulation on a Wentworth college Web site, reported ABC News “
Video Voyeurs Under Fire for Taping Lesbians” June 13.

The young women are now taking judicial action against Wentworth Institute juniors David Cunha and David Siemiesz, who are suspected and charged by Boston police of filming the two young women while they were having sex and uploading the video on the college’s Web site, who recently appeared at Roxbury District Court.


It is alleged that the young men were able to film the scene from their dorm room, located directly across an alley from Strott’s dorm room, in September.

"When I found out, I immediately vomited," Strott told ABC News. "It was a really strange thing for me. I had never felt so violated without being touched before."

Tuesday, March 04, 2008

California marriage equality arguments heard before the California Supreme Court

San Francisco – Today Shannon Minter, legal director of the National Center for Lesbian Rights, and Therese Stewart with the City of San Francisco argued passionately before the California Supreme Court in favor of same-sex marriage.

“It is a great privilege to be a part of this historic moment for our state and the tens of thousands of same-sex couples who deserve the same fundamental right to marry that most Californians take for granted,” said Minter in a NCLR statement today. “We are hopeful that the California Supreme Court will affirm that lesbian and gay couples are entitled to celebrate their relationships through marriage.”

Minter and Stewart made the case that domestic partnership isn’t equal to marriage and doesn’t uphold California’s Constitutional mandate for equality.

The marriage cases were filed in March, 2004. San Francisco Superior Court Judge Richard A. Kramer ruled that the exclusion of same-sex couples from marriage violates the California Constitution. In a 2-1 vote, the California Court of Appeal reversed Judge Kramer’s ruling. Shortly after the Court of Appeal’s decision, the California Supreme Court granted review of the cases in order to consider the constitutional questions itself.

Counsel representing California Attorney General Jerry Brown and California Governor Arnold Schwarzenegger argued on behalf of domestic partnerships providing equal rights to that of marriage as well as leaving the definition of “marriage” up to the California legislature.

Assemblyman Mark Leno (D-San Francisco) the lead author of legislation to bring marriage equality to LGBT Californians that was passed twice by the California legislature, but was vetoed both times by California Governor Arnold Schwarzenegger said in a statement today that he is “hopeful” that the California Supreme Court will “reaffirm its position from 1948. That year was when it “historically ended its ban on interracial marriage, saying that, ‘marriage is a fundamental right of free men... any legislation infringing such rights must be based upon more than prejudice and must be free from oppressive discrimination to comply with the constitutional requirements of due process and equal protection of the laws.’

“I hope the Supreme Court does the same,” said Leno hoping the California Supreme Court will follow the legislature’s lead. “Their decision in this historic case will no doubt have implications on thousands of same sex couples and their families as well as our society for years to come.”

Del Martin and her partner Phyllis Lyon, the first couple to be married at San Francisco City Hall during the “Winter of Love” and who are petitioners in the case, are hopeful that the court will clear the way for them to get married.

“During our 55 years together, we have witnessed enormous changes in California law concerning lesbian and gay people,” said Martin. “At one time, the law treated us as complete outsiders. Today, the law recognizes our existence, but it does not yet recognize our full humanity and equality. We have loved one another faithfully for more than five decades. We wish to marry before either one of us dies.”

Minter and Stewart were assisted by a team of lawyers from the American Civil Liberties Union, Lambda Legal, Heller Ehrman, LLC and the Law Office of David Codell and the other attorneys representing the LGBT community.

2008 marks the 60th anniversary of the California Supreme Court’s historic 1948 ruling that found it unconstitutional for the state to restrict access to marriage based on the race of the spouses. That ruling was the first of its kind in the nation’s history, and is now the law of the land across the country. The California NAACP, NAACP Legal Defense & Education Fund, Inc., and Howard Law School Civil Rights Clinic have urged the court to apply the reasoning from its 1948 decision to the present marriage cases.

“California sets the course for the rest of the country,” said Jenny Pizer, Senior Counsel for Lambda Legal. “With its landmark 1948 decision Perez v. Sharp, this was the first state supreme court to overturn a law banning interracial marriages. Less than 20 years later, the U.S. Supreme Court followed suit. The rest of the country and, in fact, the world, are watching what happens here today.”

The marriage cases are among the most heavily briefed cases in the history of the California Supreme Court. More than 20 counties and municipalities filed a friend-of-the court brief in support of marriage for same-sex couples, including some of the most populous cities in California: Los Angeles, San Diego, San Jose, Long Beach, Sacramento, and Oakland. In addition, more than 250 religious and civil rights leaders and organizations, including the California NAACP, Mexican American Legal Defense and Educational Fund, California Council of Churches, Asian Pacific American Legal Center, and National Black Justice Coalition, filed briefs supporting same-sex couples seeking the right to marry. Numerous legal and bar associations, including the Los Angeles County Bar Association, also registered their support, as well as many of the state’s leading constitutional law scholars and family law professors.LGBT Californian’s will know one way or the other The California Supreme Court typically issues its decisions within 90 days following oral arguments.

Catch today’s oral arguments of the In Re Marriage case before the California Supreme Court at
www.calchannel.com.

Friday, February 01, 2008


Check out Just Out magazine’s February 1 "news briefs," my article is on page 7:

Conference Held for Queer Youth Advocates
Queer youth advocates working in the legal arena have an opportunity to increase their skills at Juvenile Law 2008: Eyes on the Child. Sponsored by the Oregon State Bar Association, the workshop focuses on a variety of issues concerning queer youth, said Jody Marksamer, director of the National Center for Lesbian Rights’ Youth Project and staff attorney, who is conducting the workshop...on page 7.

Tuesday, January 08, 2008

Cornell law school alumni honors transgender litigator and advocate

San Francisco – The
National Center for Lesbian Rights announced today that one of their attorney’s will receive the Cornell Law School and Cornell Law Association’s third Annual Exemplary Public Service Awards.

Shannon Minter, NCLR legal director, will be honored in New York in New York City on February 7 at the Cornell Club at 6 East 44th Street, New York in the Ivey Room. The reception begins at 7 p.m. and will be followed by the program at 7:45 p.m.

Minter, 46, a transgender man, was selected for his “work in advancing the human rights and safety of all lesbian, gay, bisexual, and transgender people and their families,” according to a January 7 news release.

Minter was selected out of seven alumni nominations submitted by fellow alumni, according to the release.

“I am delighted and honored,” wrote Minter in a January 7 e-mail to Bi Girl Friday. “I am also grateful for the wonderful education and mentoring I received as a law student at Cornell and very proud of my fellow honorees.”

NCLR is a national legal advocacy and litigation organization based in San Francisco that works to advance LGBT rights through litigation, public policy advocacy, and public education.

As legal director of NCLR for more than 10 years, Minter has “litigated many impact cases” on issues relating to employment discrimination, marriage rights, parental rights and relationship rights across the United States, according to the release. Currently, Minter represents 15 same-sex couples in
In Re Marriage which is pending before the California Supreme Court. The court received more than 250 amicus briefs on behalf of marriage equality for same-sex couples in September 2007.

Prior to In Re Marriage, Minter was lead counsel in many ground-breaking cases including
Sharon Smith's wrongful death suit following the vicious dog mauling death of her partner Diane Whipple in their apartment building.

Smith, in what has become known as the "
dog mauling case" in San Francisco, received the assistance of NCLR and attorneys from Cardoza Law Offices and Heller Ehrman White and McAuliffe in filing a wrongful death suit against her neighbors Marjorie Knoller and Robert Noel. Whipple was mauled to death January 26, 2001 in the hallway of her apartment building by dogs belonging to Noel and Knoller. After two years of court hearings in the civil case (Noel and Knoller served time in state prison after being convicted in the criminal case), Smith and Whipple's mother, Penny Whipple Kelly, settled in December 2002. It was the first time in history that a same-sex partner was able to obtain a civil judgment recognizing a surviving partner as a family member.

“Shannon’s contributions to the law and legal status regarding LGBT folks in this country cannot be overestimated,” said Kate Kendell, NCLR executive director. “It is an honor for NCLR for him to receive this well-deserved recognition and it is a privilege for me personally to have had the pure pleasure of working with him for over 13 years.”

This past fall Minter was one of three transgender advocates honored by the
Gender Odyssey conference in Seattle “for their work promoting a positive image and advancing transgender rights,” reported the Bay Area Reporter in September 2007. Minter has also been honored, according to the release, as one of 18 people to receive the Ford Foundation’s “Leadership for a Changing World” award (2005) and he was awarded an honorary degree from the City University of New York School of Law for his advocacy on behalf of same-sex couples and their families (2004). He has also received the Anderson Prize Foundation Creating Change Award by the National Gay and Lesbian Task Force, and the distinguished national service award from GAYLAW, the bar association for gay, lesbian, bisexual, and transgender lawyers, law students, and legal professionals in Washington, D.C.

Minter received his J.D. from
Cornell Law School in 1993.

Minter serves on the boards of
Equality California and the Transgender Law and Policy Institute. He is co-editor of Transgender Rights, the first comprehensive book on the transgender civil rights movement.

Other honorees include: Jamie Andree, managing attorney of Indiana Legal Services in Bloomington, Indiana; Joe Iarocci, senior vice president for Strategic Support – Care in Atlanta, Georgia; Rosemary Pye, regional director of the National Labor Relations Board in Boston, Massachusetts; John Tobin, executive director of New Hampshire Legal Assistance in Manchester, New Hampshire; Lisa Wolford, staff attorney of New Hampshire Public Defender in Concord, New Hampshire; and Saman Zia Zarifi, Asia research director of Human Rights Watch in Washington, D.C.

To
RSVP for this event are being accepted until February 5, for more information, visit Cornell Law School 3rd Annual Exemplary Public Service Awards or call 607-255-5251.

For more information, visit
NCLR.

Photo courtesy National Center for Lesbian Rights