Friday Speed Read: Oklahoma Marriage, Naya Taylor, Charles Cooper, Gordon Fox
LAMBDA SUES FOR FAILURE TO TREAT:
Lambda Legal filed a lawsuit in federal court in Urbana, Illinois, yesterday against a medical doctor who refused to treat a patient because she is transgender. The lawsuit, Taylor v. Lystila, charges that primary care physician Aja Lystila violated the federal Affordable Care Act when she refused to provide hormone therapy to Naya Taylor. “When Naya protested to the clinic that she was being denied transition-related care by the clinic, she was told that the clinic did not ‘have to treat people like you’.” Lambda’s complaint notes that a spokesperson for the clinic told Naya that “because the clinic has Middle Eastern doctors and they have religious beliefs, they do not have to treat ‘people like you’.” The Affordable Care Act prohibits health care providers from discriminating against any individual based on sex.
WHOSE BURDEN IS IT?
A judge on the Tenth Circuit U.S. Court of Appeals panel drilled down hard Thursday, insisting an attorney defending Oklahoma’s ban on same-sex couples marrying explain how letting same-sex couples marry harms the government’s interest in creating stable families and cared for children. The case was Bishop v. Smith, the second of two cases to be argued this month before the federal appeals court in Denver. The attorney was James Campbell with the Alliance Defending Freedom. Campbell said it’s not the government’s burden to show what harm same-sex marriages could cause.
But the judge persisted, and Campbell said that, while “no one knows the long-term effects,” there are “real world consequences,” “and it is plaintiffs’ burden to show that none of those consequences will be adverse.” Evan Wolfson, head of the national Freedom to Marry group, notes that, “even under basic review, the government has to have a sufficient reason for discriminating.” “And numerous court rulings, including the Supreme Court's decision in Windsor -- as well as all three marriage trials, first in Hawaii, then in California, and a few weeks ago in Michigan -- have made clear there is none.”
CHARLES COOPER ‘LOOKING FORWARD’:
The lead attorney defending California’s Proposition 8 acknowledges in a just-released book about the trial that he learned during the case that his daughter is gay. In the book, Forcing the Spring, author Jo Becker said Cooper and his daughter Ashley Lininger discussed the issue of same-sex marriage at length. Lininger got engaged just three months before Cooper defended Proposition 8 in front of the U.S. Supreme Court. Cooper issued a statement to the Washington Post saying, “My daughter Ashley’s path in life has led her to happiness with a lovely young woman named Casey, and our family and Casey’s family are looking forward to celebrating their marriage in just a few weeks.”
STILL NO WORD ON FOX INVESTIGATION:
It’s been almost a month since Rhode Island’s openly gay Speaker of the House, Gordon Fox, suddenly resigned his leadership position following a raid by state and federal investigators on his home and State House office. Nobody’s talking, but the state Board of Elections told Associated Press that law enforcement staff have been in touch. And Fox’s executive assistant told a local news station that investigators came to her house looking for campaign documents prior to the March 21 raid. WPRI News said Wednesday that Fox, who retained his seat as a member of the House, has not attended any sessions since the raids.
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