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Court rules in favor of fired transgender funeral director
Lawyer News Press |
2018/03/06 23:09
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A woman was illegally fired by a Detroit-area funeral home after disclosing that she was transitioning from male to female and dressed as a woman, a federal appeals court ruled Wednesday.
The 6th U.S. Circuit Court of Appeals said R.G. & G.R. Harris Funeral Home in Garden City discriminated against director Aimee Stephens by firing her in 2013.
In a 3-0 decision, the court said "discrimination against employees, either because of their failure to conform to sex stereotypes or their transgender and transitioning status, is illegal under Title VII" of federal civil rights law.
The court overturned a decision by U.S. District Judge Sean Cox, who said the funeral home had met its burden to show that keeping Stephens "would impose a substantial burden on its ability to conduct business in accordance with its sincerely held religious beliefs."
The lawsuit was filed by the U.S. Equal Employment Opportunity Commission.
"The unrefuted facts show that the funeral home fired Stephens because she refused to abide by her employer's stereotypical conception of her sex," said judges Karen Nelson Moore, Helene White and Bernice Donald.
The EEOC learned that the funeral home, until fall 2014, provided clothing to male workers dealing with the public but not females. The court said it was reasonable for the EEOC to investigate and discover the "seemingly discriminatory clothing-allowance policy."
Stephens said in a statement released by the American Civil Liberties Union that nobody "should be fired from their job just for being who they are," adding "I'm thrilled with the court's decision."
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Wisconsin Supreme Court primary will leave just two
Lawyer News Press |
2018/02/11 18:51
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The latest battle over the ideological balance of the Wisconsin Supreme Court plays out in the Feb. 20 primary, where one of three candidates will be eliminated a head of a spring election.
Partisan politics have weighed heavy over weeks of campaigning. Madison attorney Tim Burns has most embraced his liberal beliefs, while Milwaukee County Circuit Judge Rebecca Dallet sought to appear as a moderate. Sauk County Circuit Judge Michael Screnock, an appointee of Republican Gov. Scott Walker, has the backing of conservatives.
The primary is the first statewide race this year, and while officially nonpartisan, it could be a bellwether for how Republicans and Democrats stand heading into the fall. Turnout is expected to be low, likely less than 10 percent.
The top two vote-getters advance to the April 3 general election, with the winner replacing outgoing conservative Justice Michael Gableman. He decided against seeking another 10-year term.
The court is currently controlled 5-2 by conservatives, so no matter who wins the ideological control will not change. Burns, who represents clients nationwide in lawsuits against insurance companies, is the only non-judge in the race. He also has little experience litigating in Wisconsin courtrooms, having argued only one case in state court and six in federal court in Wisconsin.
Burns argues his experience outside of Wisconsin is a strength that will help him fix what he views as a broken system. And, he argues a victory for him will energize liberals across the state headed into the fall.
Dallet argues that Burns has gotten too political. But she's walking a fine line trying to win over many of the same liberal voters Burns is appealing to. She ran a commercial attacking Trump and has criticized the current Supreme Court for voting in 2015 to end an investigation into Walker and conservatives. |
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UN court hears appeal in Serbian lawmaker's acquittal
Lawyer News Press |
2017/12/11 10:49
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A prosecutor urged U.N. judges Wednesday to overturn the acquittals of a prominent Serbian ultranationalist on atrocity charges, saying that a failure to do so would inflict lasting damage to the legacy of the groundbreaking war crimes tribunal.
Prosecutor Mathias Marcussen told a five-judge appeals panel that the 2016 acquittals of Vojislav Seselj on nine war crimes and crimes against humanity charges were so deeply flawed that they must be reversed or a new trial ordered.
"Justice has not been done," Marcussen said. He argued that the three-judge trial bench that found Seselj not guilty at the end of his marathon trial at the International Criminal Tribunal for the former Yugoslavia made critical errors of fact and law and failed to properly evaluate all the evidence.
At trial, prosecutors accused Seselj of crimes including persecution, murder and torture and demanded a 28-year sentence for his support of Serb paramilitaries during the region's bitter, bloody wars in the early 1990s. Prosecutors argue that Seselj's actions were part of a plan to drive Croats and Muslims out of large areas of Croatia and Bosnia that leaders in Belgrade considered Serb territory.
Marcussen said that allowing Seselj's acquittals to stand would be "not only an affront to the victims of the alleged crimes, it would also seriously undermine the credibility" of the tribunal and the institution called the Mechanism for International Criminal Tribunals which has been established to deal with appeals and other legal issues left pending when ad hoc tribunals like the Yugoslav court close their doors for good.
A tribunal that prosecuted cases arising from Rwanda's genocide has already closed and the Yugoslav tribunal formally shuts down at the end of December. Seselj's appeal is being handled by the new mechanism.
Seselj, now a Serbian lawmaker, did not attend Wednesday's hearing. Judges gave him 10 days to respond in writing after he receives a transcript of the hearing. |
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Arkansas judge blocks state from issuing birth certificates
Lawyer News Press |
2017/12/06 10:50
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An Arkansas judge on Friday blocked the state from issuing any birth certificates until officials are able to comply with a U.S. Supreme Court ruling that the state's birth certificate law illegally favors heterosexual parents.
Pulaski County Circuit Judge Tim Fox on Friday set aside his orders requiring the state and three same-sex couples go into mediation on how to fix the state law to comply with the U.S. high court's order. Attorney General Leslie Rutledge earlier this week asked the state Supreme Court to stay or lift Fox's mediation order.
"This case has been pending for over two years and it has been more than six months since the United States Supreme Court ruled the Arkansas statutory scheme unconstitutional," Fox wrote in his order. "There are citizens and residents of the state of Arkansas whose constitutional rights are being violated on a daily basis."
Fox last month had threatened to halt the issuance of birth certificates if both sides couldn't find language by Jan. 5 to be stricken from the law. Rutledge told the court this week that both sides had agreed on an order on how to comply with the high court ruling, but Fox rejected it. A spokeswoman for Rutledge said the AG's office was reviewing Fox's order and did not have an immediate comment.
In his order, Fox said he was hopeful Gov. Asa Hutchinson would have the authority to fix the birth certificate law through executive action. If the state is unable to fix the law, Fox said, the injunction would be in effect until lawmakers could address the issue. Lawmakers are not scheduled to convene again until February for a session focused on the budget. Hutchinson could call a special session. |
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Washington Supreme Court to hear education funding case
Lawyer News Press |
2017/10/22 19:20
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The Washington state Supreme Court is set to hear argument on whether the state has met its constitutional requirement to fully fund K-12 education.
Tuesday morning's hearing is on whether the state should still be held in contempt for lack of progress on satisfying a 2012 ruling that found that school funding was not adequate. Lawmakers needed a funded plan in place this year ahead of a Sept. 1, 2018 deadline the court had set.
The plan approved and signed by Gov. Jay Inslee earlier this year relies largely on an increase to the statewide property tax that starts next year. The tax increases from $1.89 to $2.70 per $1,000 of assessed value, with the increase earmarked for education. The plan — which keeps in place local property tax levies but caps them beginning in 2019 at a lower level— will ultimately raise property taxes for some districts and lower them in others.
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