Monday Speed Read: Taxes, Alaska, Texas, Project One America, Boy Scouts, Asian Commission
In a partial victory, the Alaska Supreme Court ruled unanimously Friday that a tax break given to seniors and people with disabilities “potentially treats same-sex couples less favorably than it treats opposite-sex couples.” The ACLU-led case, State v. Schmidt, was appealed to the high court by the state and Anchorage on behalf of three same-sex couples. The court ruled that the denial of the partial property tax exemption to same-sex couples who cannot marry violates the equal protection guarantee of the state constitution. (The ruling did not include the third couple because neither partner formally owned the property.) In its decision, the court said the state’s existing ban on same-sex marriages does not prohibit or permit the state to offer or deny a benefit it grants to married couples to same-sex couples “who demonstrate they are similarly situated to married couples.” Committed same-sex couples who want to marry,” said the decision, “are similarly situated to opposite-sex couples who want to marry.”
A Texas appeals court on Thursday granted a request to stay a state district judge’s ruling that the state “cannot discriminate against same-sex couples” and that the state’s ban against allowing same-sex couples to marry violates the child’s right to equal protection of the law. The Austin Statesman reports that the appeals court in San Antonio granted state Attorney General Greg Abbott’s request for an emergency stay of the ruling. Abbott said Judge Barbara Nellermoe’s ruling in the lesbian divorce and custody case last Tuesday could create “legal chaos.” The appeals court has set a May 5 deadline for briefs in the appeal.
SHORING UP THE SOUTH:
The Human Rights Campaign Saturday announced a three-year, $8.5 million project to help improve legal protections for LGBT people living in three southern states. The campaign, called Project One America, will also devote a staff of 20 people concentrating on Alabama, Arkansas, and Mississippi –the states where, says an HRC press release, “there are no non-discrimination protections for LGBT people at the state or local level in employment, housing or public accommodations, and where each state’s constitution expressly prohibits marriage equality.” HRC says it has 57,000 members in these three states.
BOY SCOUT BELLY FLOP:
Legal counsel for the Louisville Metro Council advised the local Boy Scouts troop last week that the city could not pay for the group to use a local pool because the Boy Scouts’ policy exhibits “intentional discrimination.” The Louisville Courier-Journal reported April 25 that at least $45,000 in city money was appropriated for scout activities last year. It said the troop’s assistant scoutmaster threatened to end scout volunteer work at local park clean-ups in retaliation it the city doesn’t provide the financial assistance.
TWO NAMED TO ASIAN COMMISSION:
Two of the 14 newly named members of President’s Advisory Commission on Asian Americans and Pacific Islanders are openly gay. One is the head of Asia Services in Action, Inc., Michael Byun, of Ohio; the other is actor Maulik Pancholy, best known for is secondary roles on the hit series 30 Rock and Weeds.
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