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Keyword: judicialactivism

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  • Court: Transgender Man Can Keep Pursuing Divorce

    08/13/2014 3:42:05 PM PDT · by Oldeconomybuyer · 14 replies
    ABC News ^ | August 13, 2014 | By JACQUES BILLEAUD - AP
    A transgender man in Arizona who gave birth to three children after beginning to change from female to male can continue to pursue a divorce, a state appeals court said Wednesday in reversing a judge who refused to end the marriage. A three-judge panel of the Arizona Court of Appeals ruled that Thomas Beatie's marriage to Nancy Beatie in Hawaii in 2003 is considered valid in Arizona and concluded it wasn't a same-sex union. Last year, a lower court judge denied the divorce request and ruled that Arizona's ban on same-sex marriages prevented the marriage from being recognized as valid.
  • Another Florida judge rules against gay marriage ban

    07/26/2014 4:02:43 AM PDT · by SoFloFreeper · 25 replies
    Tampa Bay Times ^ | 7/25/14 | Steve Rothaus
    For the second time in eight days, a South Florida circuit judge has declared the state's gay marriage ban unconstitutional and ordered that same-sex couples be allowed to marry.
  • Appeals Court: Texas Can Use Race in Admissions

    07/15/2014 3:35:59 PM PDT · by Oldeconomybuyer · 49 replies
    ABC News ^ | July 15, 2014 | By WILL WEISSERT and PAUL J. WEBER
    A federal appeals court panel ruled Tuesday that the University of Texas can continue using race as a factor in undergraduate admissions as a way of promoting diversity on campus, the latest in an ongoing case that made it to the U.S. Supreme Court last year only to be sent back to lower courts for further review. In a 2-1 ruling, judges from the 5th U.S. Circuit Court of Appeals found that barring the university from using race would ultimately lead to a less diverse student body in defiance of previous legal precedent that promoting diversity was an important part...
  • Republican governors’ words shift on gay marriage

    07/12/2014 9:40:31 AM PDT · by Olog-hai · 5 replies
    Associated Press ^ | Jul 12, 2014 12:18 PM EDT | Steve Peoples and Erik Schelzig
    Deep in the nation’s Bible Belt, new signs emerged this weekend of an evolution among Republican governors on gay marriage, an explosive social issue that has divided America’s families and politics for years. While the Republican Party’s religious conservatives continue to fight against same-sex marriage, its governors appear to be backing off their opposition- in their rhetoric, at least. For some, the shift may be more a matter of tone than substance as the GOP tries to attract new voters ahead of the midterm elections. Nonetheless, it is a dramatic turn for a party that has long been defined by...
  • Judge Says Incest Okay Because Abortion Can Kill “Deformed” Babies Incest Produces

    07/11/2014 6:27:22 PM PDT · by Morgana · 23 replies
    life news ^ | Carole Novielli
    An Australian Judge has implied that incest is okay ad to make matters worse he suggested legalized abortion can get rid of children that may be born deformed from the relationship. According to The Independent, District Court Judge Garry Neilson has been criticized for espousing the view that sexual contact between siblings or between adults and children should perhaps no longer be viewed as “unnatural” or “taboo”, the Sydney Morning Herald reported. australiajudgeNeilson drew parallels with widely changing attitudes towards gay sex. In the same way, he said, “a jury might find nothing untoward in the advance of a brother...
  • The Obama Admin Forces Okla.To Overturn Anti-Sharia Bill & To Pay $303,333 To Muslims

    07/06/2014 6:53:18 PM PDT · by lbryce · 61 replies
    gopthedailydose.com ^ | Posted on 27 May, 2014 by AmyElizabeth
    The US government has forced the state of Oklahoma to overturn its anti-Sharia bill, after a Muslim man named Muneer Awad sued the state for supposed violations against “freedom of religion.” CAIR also played a role in subverting the bill. Adam Soltani of CAIR said: Sharia is the moral code of conduct for Muslims, and that includes certain aspects of laws, like marital laws, divorce, inheritance, wills…it encompasses part of that, but it’s also the moral code of conduct The state of Oklahoma must now pay $303,333 to Awad for legal fees, costs and nontaxable expenses. The money is going...
  • Same-sex marriage ban in its final moments (Florida)

    07/05/2014 3:33:36 PM PDT · by 2ndDivisionVet · 13 replies
    The Fort Lauderdale Sun-Sentinel ^ | July 5, 2014 | Randy Schultz
    Here's a safe prediction: Florida's same-sex marriage ban is going down. The end could come soon if a Miami-Dade County judge sides with six couples who claim that the ban is unconstitutional. On Wednesday their attorney asked Judge Sarah Zabel to award the plaintiffs summary judgment, meaning they would win without a trial because the facts are clear. Zabel will rule in a few weeks. Based on what has happened in the year since the U.S. Supreme Court struck down the Defense of Marriage Act, however, the six couples should be optimistic. Nearly two dozen consecutive judicial rulings have gone...
  • Supreme Court women lash out at birth control decision

    Their unusually strident dissent written by Sotomayor said the Wheaton injunction threatened the credibility of the Hobby Lobby decision. "Those who are bound by our decisions usually believe they can take us at our word," Sotomayor wrote. "Not so today." The point of the dissent? "It is not the business of this court to ensnare itself in the government's ministerial handling of its affairs in the manner it does here," Sotomayor wrote.
  • EPA's move to administratively garnish wages

    07/03/2014 2:21:23 PM PDT · by Outside da Box · 33 replies
    The Daily Signal ^ | 07/03/2014 | Robert Gordon
    Just in time for the Fourth of July, the Environmental Protection Agency (EPA) announced that it has added a new regulatory weapon to its arsenal. In a Federal Register notice on July 2 titled “Administrative Wage Garnishment,” the EPA stated that by the authority of the Debt Collection Improvement Act (DCIA ) of 1996 it issued a proposed rule that “will allow the EPA to garnish non-Federal wages to collect delinquent non-tax debts owed the United States without first obtaining a court order.” According to the Treasury Department, under DCIA, such debts include “unpaid loans, overpayments or duplicate payments made...
  • Judge rules against George Zimmerman in NBC lawsuit

    06/30/2014 7:15:48 AM PDT · by GrandJediMasterYoda · 35 replies
    clickorlando.com ^ | 6/30/14 | Daniel Dahm
    Judge rules against George Zimmerman in NBC lawsuit Zimmerman claimed defamation in edited 911 call SANFORD, Fla. - A judge on Monday ruled against George Zimmerman in a defamation lawsuit he filed against NBC Universal over edited 911 calls made after Trayvon Martin was shot and killed in 2012. In the ruling, Judge Debra S. Nelson said, "There are no genuine issues of material fact upon which a reasonable jury could find that the Defendants acted with actual malice."
  • Same-sex ruling irks area religious leaders

    06/26/2014 10:03:26 PM PDT · by 2ndDivisionVet · 15 replies
    The Fort Wayne Journal Gazette ^ | June 26, 2014 | Dan Stockman and Brian Francisco
    The Rev. Peter Gregory of St. Paul’s Lutheran Church in Fort Wayne said he’s not surprised by Wednesday’s court ruling that overturns Indiana’s ban on same-sex marriages. “It’s a disappointment, but not a surprise the judge ruled in this way,” Gregory said. “The disappointment is that he failed to recognize what marriage is – a union between one man and one woman – and the unique social good that marriage between a man and a woman is.” While the courts may be sending the nation in a headlong rush toward gay marriage, Gregory said they will not be the final...
  • World’s judges gather to support the environment

    06/25/2014 4:21:17 AM PDT · by Olog-hai · 9 replies
    Reuters/The Knowledge Effect ^ | 24 June 2014 | Timothy Nixon
    Approximately 150 representatives from among the world’s Chief Justices, Heads of Jurisdiction, Attorneys General, Auditors General, Chief Prosecutors, other high-ranking representatives of the judicial, legal and auditing professions, are gathering here in Nairobi as participants to the first ever session of the United Nations Assembly on the Environment. There is a formal aspect to what these legal experts are doing here, namely to “raise awareness for the role of environmental law as an indispensable tool on the path towards sustainable development and… identify the means by which the development and implementation of environmental rule of law can help ensure just...
  • Judge: I may have been wrong to condemn Christian B&B owners

    A judge who condemned a Christian couple for turning away gay guests from their hotel yesterday said her decision may have been wrong. Supreme Court deputy president Baroness Hale called for a rethink on religious and gay rights six months after she rejected the B&B owners’ arguments in a key test case. Lady Hale said in a speech that the law has done too little to protect the beliefs of Christians. And she cast doubts over her own judgment in the landmark case in which a gay couple sued Christian hoteliers Peter and Hazelmary Bull.
  • Judge Orders Deployed US Sailor To Attend Custody Hearing Or Lose Daughter, Face Arrest

    06/20/2014 5:46:18 PM PDT · by tired&retired · 87 replies
    Seattle, Wash. (CBS SEATTLE) – A U.S. Navy sailor from Washington State is currently serving on a submarine thousands of miles away in the Pacific Ocean, but a judge has ordered him into an impossible custody scenario: Appear in a Michigan courtroom Monday or risk losing custody of his 6-year-old daughter. Navy submariner Matthew Hindes was given permanent custody of his daughter Kaylee in 2010, after she was reportedly removed from the home of his ex-wife, Angela, by child protective services. But now a judge has ordered him to appear in court Monday, or risk losing his daughter to his...
  • Tom DeLay Conviction Overturned By Texas Appellate Court (Tom DeLay for Speaker)

    06/10/2014 7:01:36 PM PDT · by Eccl 10:2 · 100 replies
    Huffington Post ^ | 09/19/2013 10:53 am EDT
    A Texas court ruled Thursday to overturn the conviction of former House Majority Leader Tom DeLay (R-Texas), who was found guilty of money laundering in 2010. According to KHOU 11 and the Associated Press, the Third Court of Appeals in Austin said the case's evidence was "legally insufficient to sustain DeLay's convictions," formally acquitting the former congressman on charges of money laundering and conspiracy to commit money laundering.
  • Wisconsin gay marriage ban ruled unconstitutional

    06/06/2014 2:44:04 PM PDT · by Oliviaforever · 113 replies
    WISN ^ | 6/6/14
    A United States District Court judge has ruled that Wisconsin's gay marriage ban is unconstitutional. Judge Barbara Crabb issued a motion of summary judgment for the paintiffs, stating that Article XIII of the Wisconsin Constitution "violates planitiffs' fundamental right to marry and their right to equal protection of laws under the Fourteenth Amendment to the United States Constitution."
  • Baker Must Make Cake for Same Sex Marriage in State Where Same Sex Marriage is Illegal

    05/31/2014 2:51:34 PM PDT · by NYer · 85 replies
    Creative Minority Report ^ | May 31, 2014 | Matthew Archbold
    Same-sex marriage is still illegal in Colorado but the state's civil rights commission ruled Friday that Jack Phillips has to bake a cake for a same-sex marriage ceremony. The Daily Caller reports:In 2012, Jack Phillips, who owns Masterpiece Cakes in Lakewood, refused to sell cakes to Dave Mullins and Charlie Craig, a same-sex couple. Mullin and Craig were to be married in Massachusetts but wanted a cake for a reception at their home in a Denver suburb. As he had done with other same-sex couples in the past Phillips refused to sell the goods, saying that he is a devout...
  • Same-Sex Marriage Is Now Legal in All of Northeastern U.S. (Now that Pennsylvania went pink)

    05/20/2014 8:30:20 PM PDT · by 2ndDivisionVet · 31 replies
    National Journal ^ | May 20, 2014 | Brian Resnick
    With a federal judge declaring a Pennsylvania ban on gay marriage unconstitutional on Tuesday afternoon, every state in the Northeastern corner of the country—Maine, New Hampshire, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Delaware, Maryland, and now Pennsylvania—has legalized same-sex marriage. Judge John Jones invoked the 14th Amendment to invalidate a 1996 Pennsylvania law that defined marriage as between a man and a woman. Like many of the other judicial decisions bringing down state marriage bans, this one framed the issue as a matter of civil rights. Jones wrote: In future generations the label same-sex marriage will be abandoned,...
  • Judge Strikes Down Pennsylvania Same-Sex Marriage Ban

    05/20/2014 11:36:28 AM PDT · by GIdget2004 · 38 replies
    NBCNews ^ | 05/20/2014 | Pete Williams
    A federal judge Tuesday declared Pennsylvania's ban on same-sex marriage unconstitutional, the fourth such ruling on a state ban in the past three weeks. Judge John Jones III ruled in favor of 23 Pennsylvania residents who challenged the law.\ "The issue we resolve today is a divisive one. Some of our citizens are made deeply uncomfortable by the notion of same-sex marriage. However, that same sex marriage causes discomfort in some does not make its prohibition constitutional," he said. The state's Democratic attorney general, Kathleen Kane, announced last July that she would not defend it, saying she could not ethically...
  • Oregon ruling marks 13th gay marriage win in a row

    05/19/2014 4:24:57 PM PDT · by Oldeconomybuyer · 15 replies
    San Francisco Chronicle ^ | May 19, 2014 | By JONATHAN J. COOPER and BRADY McCOMBS, AP
    PORTLAND, Ore. (AP) — A federal judge threw out Oregon's same-sex marriage ban Monday, marking the 13th legal victory for gay marriage advocates since the U.S. Supreme Court last year overturned part of a federal ban.